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Home My WebLink About06/19/2006 Cl~iJJ.gron GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: JUNE 19, 2006 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of June 5, 2006 301 4.(a) PRESENTATION Central Lake Ontario Conservation Authority - Bowmanville West Side Management Plan (b) DELEGATIONS (i) Bryce Jordan, Sernas Associates - Report PSD-076-06, Proposed Plan of Subdivision, Owner: Sabina Investments Inc. and Ankara Realty Limited (ii) John Greenfield, Royal Canadian Legion Branch 178 Bowmanville - Report PSD-080-06, Poppy Symbol on Street Signs (iii) Mike Kipansky, Miller Compost - Report PSD-082-06, Organic Waste Composting and Wood Waste Processing Facility (iv) Blair McArthur, Vice President, Miller Compost - Report PSD-082-06, Organic Waste Composting and Wood Waste Processing Facility (v) Fred Biesenthal, P. I. Tool - Report PSD-082-06, Organic Waste Composting and Wood Waste Processing Facility (vi) Peter Walker, Walker Nott Dragecivic Associates Limited - Report PSD-083-06, Applications by A YT Corporation to Amend the Durham Regional CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - June 19, 2006 (vii) Ron Hooper - Report PSD-083-06, Applications by A YT Corporation to Amend the Durham Regional Official Plan and the Clar::lgton Official Plan Official Plan and the Clarington Official Plan (viii) Mary Feehley, Walker Nott Dragecivic Associates Limited - Report PSD-083-06, Applications by A YT Corporation to Amend the Durham Regional Official Plan and the Clarington Official Plan (ix) Dr. Ron Stead, Holburn - Report PSD-083-06, Applications by A YT Corporation to Amend the Durham Regional Official Plan and the Clarington Official Plan (x) Jeff Stapleton, Sunnyside Acres Snowplowing & Sanding Ltd. - Report COD-031-06, TenderCL2006-3, Snow Clearing 5. PUBLIC MEETINGS (a) Development Charges By-law Amendment Report: FNO-Q09-06 (b) Application to Amend the Zoning By-law 84-63 501 Applicant: Gill Sisters Limited Report: PSO-Q71-Q6 (c) Application to Amend the Zoning By-law 84-63 503 Applicant: John Lewandowski Report: PSO-Q72-Q6 (d) Applications to Amend the Clarington Official Plan and Zoning 505 By-law Applicant: Central Lake Ontario Conservation Authority Report: PSO-Q73-Q6 (e) Application to Amend the Zoning By-law 84-63 for Industrial Land 507 on the South Side of South Service Road in Bowmanville Applicant: Municipality of Clarington Report: PSO-074-06 (f) Durham Regional Official Plan Review - Supplementary Amendment 509 (Part 2) Report: PSO-QS4-06 6. PLANNING SERVICES DEPARTMENT (a) PSD-071-06 - Rezoning to Permit a Convenience Store within an 601 Existing Building Applicant: Gill Sisters Limited G.P. & A. Agenda - 3 - June 19, 2006 (b) PSD-072-06 - Zoning By-law Amendment to Permit Detached 608 Garage in Environmental Protection Zone Applicant: John Lewandowski (c) PSD-073-06 - Applications to Amend the Clarington Official Plan 617 and Zoning By-law to Permit the Creation of a New Lot Applicant: Central Lake Ontario Conservation Authority (d) PSD-074-06 - Rezoning Application for Industrial Lands on 628 South Service Road in Bowmanville Owner: Municipality of Clarington (e) PSD-075-06 - Application for Removal of Part Lot Control 640 Applicant: Waverly Road Properties Inc. (f) PSD-076-06 - Proposed Plan of Subdivision Owner: Sabina Investments Inc. and Ankara Realty Limited (The Remington Group Inc.) (g) PSD-077 -06 - Port Granby Project - Municipal Consent to the Submission of a Preferred Option (h) PSD-078-06 - BowmanvillelW estside Marshes Conservation Area Management Plan (i) PSD-079-06 - Draft Plan of Condominium Application Applicant: Port of Newcastle Marina Village Ltd. Part Lot 29, Broken Front Concession, Former Township of Clarke U) PSD-080-06 - Use of Poppy Symbol on Street Signs Amendments to the Policy for War Dead and War Veteran Names for Streets (k) PSD-081-06 - Monitoring of the Decisions of the Committee of Adjustment for the Meeting of June 8, 2006 (I) PSD-082-06 - Applications to Amend the Durham Region Official Plan, Clarington Official Plan and Zoning By-law to Permit the Establishment of an Organic Waste Composting and Wood Waste Processing Facility Applicant: Miller Paving Limited 645 664 699004 699023 699028 699031 699035 G.P. & A. Agenda -4- June 19,2006 (m) PSD-083-06 - Applications by AYT Corporation to Amend the 699063 the Durham Regional Official Plan and the Clarington Official Plan to Permit a Large Format Retail Centre on The North-West Quadrant of Highway 401 and Bennett Road, Bowmanville (n) PSD-084-06 - Durham Regional Official Plan Review- Supplementary Amendment (Part 2) (0) PSD-085-06 - Confidential Report Regarding a Property Matter 699110 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-034-06 - Request for Stormwater Outfall Construction and 701 Maintenance Easement Within Bowmanville Creek Valleyland Applicant: Bowmanville Creek Developments Limited SPA 2003-036 Torgan Commercial Development (b) EGD-035-06 - Monthly Report on Building Permit Activity for May, 707 2006 (c) EGD-036-06 - Port of Newcastle: Amendments to Principles of 712 Understanding and Subdivision Agreement Respecting Funding of Mill Street Grade Separation Reconstruction Works and Other Works (d) EGD-037-06 - Servicing Agreement for Baseline Road Works 733 - Bowmanville Creek Developments Inc. (The Torgan Group) 8. OPERATIONS DEPARTMENT (a) OPD-008-06 - Special Event Request Recycling Program 801 (b) OPD-009-06 - Cemetery By-law Amendment & Tariff Rates 805 9. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-008-06 - Monthly Response Report - May 2006 10. COMMUNITY SERVICES DEPARTMENT 901 (a) CSD-011-06 - Creating Healthy Environments for Youth Program 1001 G.P. & A. Agenda - 5 . June 19,2006 11. CLERK'S DEPARTMENT (a) CLD-017-06 - Private Parking Enforcement 1101 (b) CLD-018-06 - Municipal Law Enforcement Officers Appointment 1104 12. CORPORATE SERVICES DEPARTMENT (a) COD-031-06 - Tender CL2006-3, Snow Clearing 1201 (b) COD-032-06 - Confidential Report regarding a Legal Matter (c) COD-033-06 - RFP2006-7, Supply and Delivery of One (1) 1206 Only Tanker (d) COD-034-06 - Tender CL2006-25, Driveway Paving 1210 (e) COD-035-06 - Tender CL2006-24, Sidewalk Rehabilitation, Various 1212 Locations and Sidewalk Construction, Highway #2 and Green Road (f) COD-036-06 - Co-Operative Tender, T280-2006, The Supply of 1222 Sodium Chloride (g) COD-037-06 - Tender CL2006-13, Baldwin Street and Church Street 1225 Reconstruction, Newcastle (h) COD-038-06 - Tender CL2006-31, Temperance Street and Lowe Street 1240 Reconstruction, Bowmanville (i) COD-039-06 - Tender CL2006-33, Asphalt Resurfacing, Various Streets 1249 U) COD-040-06 - Tender CL2006-26, Farewell Creek Erosion Protection, 1258 Cou rtice (k) COD-041-06 - Tender CL2006-32, Football Field, Community Park, 1267 Bowmanville (I) COD-042-06 - Tender CL2006-29, COMRIF Structures, Replacement of 1276 The Geo. A Stephen Bridge, Cedar Park Road Bridge, and Concession Road 6 Culvert G.P. & A. Agenda -6- June 19, 2006 13. FINANCE DEPARTMENT , (a) FND-009-06 - Development Charges By-law Amendment 1301 (b) FND-01 0-06 - List of Applications for Cancellation, Reduction, 1307 Apportionments or Refund of Taxes 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT (a) ADM-003-06 - Confidential Report regarding a Personnel Matter 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT ..-""t 1 j r""1.1.~n.;; }ilo 1~,,-, General Purpose and Administration Committee Minutes June 5, 2006 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 5, 2006 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director, Community Services, T. Caruana Director, Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance Department, N. Taylor Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Administrative Assistant to the Clerk, C. Fleming Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #GPA-263-06 Moved by Councillor MacArthur, seconded by Councillor Trim THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on May 23, 2006, be approved. CARRIEO 301 General Purpose and Administration Committee Minutes June 5, 2006 PRESENTATION Brad Levantis, Past Commander, COMRA Services, provided a brief history of COMRA, a marine search and rescue organization servicing Lake Ontario from the Ajax/Whitby border to the eastern border of Durham Region. He stated the organization has been attempting to secure ongoing funding for a number of years and are working with the Region of Durham to channel funding through the Durham Regional Police Service budget. He noted funding has been comitted for 2007, however, due to timing, funds are not confirmed for 2006. Brad Levantis thanked Council for the $1,000 received from the municipality which was allocated to start-up costs. He advised however, the Region of Durham has indicated that they will allocate funds through the police services budget for 2006, with the provision that the municipalities of Whitby, Oshawa and Clarington each provide $5,000. Brad Levantis requested Council to consider an additional $4,000 grant to enable COMRA to operate this year. DELEGATIONS There were no delegations. PUBLIC MEETING There were no Public Meetings. Councillor Schell chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT REZONING TO PERMIT A GAS STATION, CAR WASH AND CONVENIENCE STORE APPLICANT: EASTMAN HOLDING LTD. Resolution #GPA-264-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-065-06 be received; THAT the rezoning application submitted by Thyagarajah Sivakumer on behalf of Eastman Holding Ltd. be approved and that the zoning by-law amendment, attached to Report PSD-065-06 be adopted by Council; and THAT all interested parties listed in Report PSD-065-06 and any delegations be advised of Council's decision. CARRIED -2- 302 General Purpose and Administration Committee Minutes June 5, 2006 2005 GROWTH TRENDS REVIEW Resolution #GPA-265-06 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Report PSD-066-06 be received for information. CARRIED APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 2075568 ONTARIO LIMITED (HIGH MARK HOMES) Resolution #GPA-266-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report PSD-067-06 be received; THAT the request for removal of Part Lot Control with respect to Block 99, Plan 40M-2225 be approved and that the Part Lot Control By-law, attached to Report PSD-067-06, be passed pursuant to Section 50(7.1) of the Planning Act; THAT a copy of Report PSD-067-06 be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD-067 -06 and any delegations be advised of Council's decision. CARRIED APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: PHIP LIMITED (THE FOLEY GROUP) Resolution #GPA-267-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-068-06 be received; THAT the request for removal of Part Lot Control with respect to Lots 26,28,30,32,34, 36, 38 and 40 inclusive, in Block "B" in Plan H50077 (see Attachment 1 to Report PSD-068-06) (the "Porter and Bradshaw Plan") be approved and that the Part Lot Control Exemption By-law (Attachment 2 to Report PSD-068-06), be passed pursuant to Section 50 (7.1) of the Planning Act; and -3- 303 General Purpose and Administration Committee Minutes June 5, 2006 THAT all interested parties listed in Report PSD-068-06, 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 MAY 25, 2006 Resolution #GPA-268-06 Moved by Councillor Pingle, seconded by Councillor Trim THAT Report PSD-069-06 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on May 25,2006 for applications A2006-0017, A2006-0018 and A2006-0020, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED APPLICATION FOR OFFICIAL PLAN AMENDMENT AND REZONING TO PERMIT A HIGH DENSITY HOUSING DEVELOPMENT APPLICANT: MARTIN ROAD HOLDINGS LIMITED Resolution #GPA-269-06 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report PSD-070-06 be received; THAT the application to amend the Clarington Official Plan submitted by Martin Road Holdings Limited be approved and the by-law attached to Report PSD-070-06 be passed by Council to adopt Official Plan Amendment 51 to the Clarington Official Plan as contained in Attachment 2 to Report PSD-070-06; THAT the application to amend the Municipality of Clarington's Zoning By-law 84-63, as amended, as contained in Attachment 3 to Report PSD-070-06, be approved and that a By-law removing the Holding (H) provision be forwarded to Council for approval at such time a development agreement has been executed; THAT the modification to the development applications reducing the land area from 2.74 ha to 2.54 ha and reducing the number of proposed residential units from 271 to 220 is considered minor and no additional public meeting is required; THAT the Region of Durham be forwarded a copy of Report PSD-070-06 and be advised of Council's decision; and -4- 304 General Purpose and Administration Committee Minutes June 5, 2006 THAT all interested parties listed in Report PSD-070-06 and delegations be advised of Council's decision. CARRIED ENGINEERING SERVICES DEPARTMENT There were no reports considered under this section of the Agenda. Councillor Trim chaired this portion of the meeting. OPERATIONS DEPARTMENT PARKS BY-LAW Resolution #GPA-270-06 Moved by Councillor Pingle, seconded by Councillor Foster THAT Report OPD-007-06 be received; THAT the Parks By-law revisions as outlined in the proposed By-law as Attachment No.1 to Report OPD-007-06 be approved; and, THAT the By-law, attached to Report OPD-007 -06, be forwarded to the Durham Region Police Services. CARRIED 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 GRANT REQUEST - THE DRIFTWOOD THEATRE GROUP Resolution #GPA-271-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report CSD-010-06 be received; -5- 305 General Purpose and Administration Committee Minutes June 5, 2006 THAT the Driftwood Theatre Group be approved for a grant in the amount of $500.00; and THAT the applicant be advised of Council's decision. CARRIED Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT ANIMAL SERVICES QUARTERLY REPORT - JANUARY TO MARCH, 2006 Resolution #GPA-272-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report CLD-016-06 be received; and THAT a copy of Report CLD-016-06 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT WORKPLACE SAFETY & INSURANCE BOARD - WORKWELL HEALTH & SAFETY AUDIT Resolution #GPA-273-06 Moved by Councillor Trim, seconded by Councillor Ping Ie THAT Report COD-026-06 be received; and THAT the cost of printing 1 ,000 Continuous Improvement Plan Health & Safety manual binders at a cost of approximately $16,000 be charged to the 2006 printing budget account #1 00-16-161-X-7188. CARRIED -6- 306 General Purpose and Administration Committee Minutes June 5, 2006 PURCHASING BY -LAW Resolution #GPA-274-06 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report COD-027-06 be received; THAT Purchasing By-law #94-129 be repealed; and THAT the By-law attached to Report COD-027-06, marked Schedule "A", be forwarded to Council for approval. CARRIED REQUEST FOR PROPOSAL RFP2006-4, ARCHITECTURAL SERVICES, NEWCASTLE BRANCH LIBRARY Resolution #GPA-275-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-028-06 be received; THAT the proposal received from Shoalts and Zaback Architects Ltd, Kingston, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2006-4 be awarded the contract for the provision of Architectural Services for the Newcastle Branch Library with an amended bid of $202,000.00 (excluding GST); THAT the funds required be drawn from the Account # 110-42-440-85510-7401; and THAT the By-law marked Sched~le "A", attached to Report COD-028-060, authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED CL2006-17, TWO (2) 60,000 GVW TANDEM DIESEL DUMPS C/W PLOW EQUIPMENT Resolution #GPA-276-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Report COD-029-06 be received; -7- 307 General Purpose and Administration Committee Minutes June 5, 2006 THAT Donway Ford Sales Ltd, Scarborough, Ontario, with a total bid in the amount of $350,038.80 (including PST and trade-in), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2006-17, be awarded the contract to supply Two (2) 60,000 GVW Tandem Diesel Dumps c/w Plow Equipment, as required by the Municipality of Clarington, Operations Department; and THAT the funds be provided from the 2006 Capital Operations Vehicle / Heavy Equipment Account # 110-36-388-83642-7401. CARRIED CL2006-20, SUPPLY AND DELIVERY OF HIGH PERFORMANCE COLD MIX ASPHAL T/PERMANENT COLD PATCH Resolution #GPA-277-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report COD-030-06 be received; THAT Innovative Municipal Products Inc., Ajax, Ontario with a total revised bid in the amount of $59,921.54 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2006-20, be awarded the contract to supply High Performance Cold Mix Asphalt / Permanent Cold Patch as required by the Municipality of Clarington; and THAT the funds required be provided from the Operations Department Current Budget Account #100-36-381-10255-7112. CARRIED FINANCE DEPARTMENT CAPTIAL PROJECT OVEREXPENDITURE POLICY Resolution #GPA-278-06 Moved by Councillor Schell, seconded by Councillor Pingle THAT Report FND-008-06 be received; and THAT the Capital Project Overexpenditure Policy, attached to Report FND-008-06, be endorsed. CARRIED AS AMENDED LATER IN THE MEETING (SEE FOLLOWING AMENDING MOTION) - 8 - 308 General Purpose and Administration Committee Minutes June 5, 2006 Resolution #GPA-279-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report FND-008-06 be amended to renumber 4.0 to 5.0 and to add a new 4.0 as follows: "4.0 Where any of the above conditions are met, and the overexpenditure is greater than or equal to $100,000, the Director of Finance, CAO and/or the Deputy Treasurer shall subsequently advise Council of the overexpenditure through an information report." CARRIED The foregoing Resolution # GPA-278-06 was then put to a vote and CARRIED AS AMENDED. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no reports considered under this section of the Agenda. UNFINISHED BUSINESS Resolution #GPA-280-06 Moved by Councillor Trim, seconded by Councillor Ping Ie THAT Brad Levantis, Past Commander, COMRA be thanked for his presentation to Council. CARRIED OTHER BUSINESS Mayor Mutton provided information on the City of Montreal's Charter of Rights and Responsibilities indicating he would be providing a copy to the Chief Administrative Officer with the intention that the municipality may develop their own Charter at some point in the future. Councillor Trim thanked Council for providing the Driftwood Theatre Group with the $500 grant noting the accomplishments of Andrew Gold, a noted actor with the Stratford Festival who once was part of a local drama club. Councillor MacArthur thanked Gus and Karen Sastis and the Newcastle Lions for their efforts in raising approximately $10,000 for the Bowmanville Hospital at their Greek Night event last evening. -9- 309 General Purpose and Administration Committee Minutes June 5, 2006 Councillor Foster reminded members of Council of the Rick Hanser. event to take place Sunday, June 11,2006 at the Bowmanville Creek. ADJOURNMENT Resolution #GP A-281-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the meeting adjourn at 10: 1 0 a.m. CARRIED MAYOR DEPUTY CLERK -10 - 310 PUBLIC MEETING REPORT # PSD-071-06 C" gOO CORPORATION OF THE GILL SISTERS LIMITED it MUNICIPALITY OF CLARINGTON L<w:.m n NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: GILL SISTERS LIMITED 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 amendeq._ APPLICATION DETAILS T he proposed Zoning By-law Amendment submitted by Gill Sisters Limited would include a convenience store as a permitted use. The subject property is located at 210 King Street East, Bowmanville (as shown on reverse). Planning File Nos.: ZBA 2006-0014 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: TIME: PLACE: Monday, June 19, 2006 9:30 a.m. . 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, June 26, 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, June 21, 2006, to have your name appear in the Agenda. COMMENTS OR QUESTIONS? I f 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, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 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, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Bruce Howarth at (905) 623-3379 extension 261 or bye-mail atbhowarth@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 ~r ,,,/ '(/~L. Da Crome,M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 11th day of May 2006. 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 501 ~ c c:a. III :E c o :;:: III U o -I ~ CD c:a. e D. 1ft C iii CD If .a .. III C) f) '- III I! ct CD c is III .9 f) '- ~ CD c :2 "5 m CD c ;; .!! >< w ..J() .. c CD ~.g ~ 5; Q E cD< g ~ N-I c(~ ma:1 N m c .c o N ~" c S ~ .e (3:J ~ II) CD .. ~S C II) .i en 11)- ca= ..,C) i..: CD C ~ to- ~ W to- W W a:: to- UJ C) z 52 502 DEVELOPMENT APPLICATION BY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING JOHN LEWANDOWSKI PUBLIC MEETING REPORT # PSD-072-06 JOHN LEWANDOWSKI Cl~mgron 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 proposed zoning by-law amendment submitted by John Lewandowski would permit the development of a detached garage within an Environmental Protection Zone. The subject property is located in Part Lot 22, Concession 2, former Township of Darlington at 2713 Rundle Road as shown on reverse. Planning File No.: ZBA 2006-0009 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: TIME: PLACE: Monday, June 19, 2006 9:30 A.M. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance Sl, 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, June 26, 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, June 21, 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, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 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, 3rt! Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Susan Ashton at (905) 623-3379 extension 218 or bye-mail atsashton(Q>.clarinaton.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 11h day of May 2006. Da Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 503 24.60 a LOT 22 CONCESION 2 ,...1----'1 I I 150ft o.ooJ. EXIS1lNCllWSED 126.IDII I SEPIIC BED I I !'ROI'OSIiD ADOOlON 1 I I J II~ bs.1 6ftl--~<IOri -......- I "'"""'- 1 \ \ r",,_ oId_ I _l\~~:____r- 5.10a n =:...- - ci. ~ c S C) .5 i: ftI C ... CD E o La. - a. co :t c o :; u o ..J ~ CD a. o ... a.. ~ ".4 . UII .~ .... 3.5 a .nd --. 2OD.00 ft 19.5011 --I 23.60 L - ,.....- ..C ft ~ 27.S0ft I I Ii I~ I I .S.50 II 211.Ollft ==00......= 36.10 ft ACCESS 1'0 PROPERTY 2713RUNDLE ROAD D.<IOft :;: I- ; Z 0 W "'C :E c C ; en z CD 0 W ..J 0 :E ca 0 - . c( C co ~ ca 0 '0 0 )0- N "'C . c <t> ca mID N Nc) CI) ::s Z c - ca Z ..., 0 i.: N CD c ~ I II I: I I I I I I I I I II ! I '''1 -- 504 PUBLIC MEETING REPORT # PSD-073-06 CENTRAL LAKE ONTARIO NOTICE OF PUBLIC MEETING CONSERVATION AUTHORITY I DEVELOPMENT APPLICATIONS BY: CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY APPLICATIONS TO.AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW Cl~mgton CORPORATION OF THE MUNICIPALITY OF CLARINGTON TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment and a proposed Zoning By-law Amendment under Sections 17 and 34 respectively of the Planning Act, 1990, as amended. APPLICATION DETAILS T he proposed Official Plan Amendment and Zoning By-law Amendment submitted by Central Lake Ontario Conservation Authority would permit the creation of a new lot containing an existing single detached dwelling on lands designated "Environmental Protection Area" and zoned "Environmental Protection (EP)". The subject property is located in Part Lot 18, Concession 5, former Township of Darlington, 28 Millstream Lane, Hampton as shown on reverse. Planning File Nos.: COPA2006-0002, ZBA2006-0017 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, June 19th, 2006 TIME: 9:30 a.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. 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, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Susan Ashton at (905) 623-3379 extension 218 or bye-mail atsashton@clarinqont.net APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Official Plan and Zoning By~law Amendments to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Official Plan Amendment is adopted or the Zoning By-law Amendment are approved, the Ontario Municipal Board may dismiss all or part of the appeal. 15th day of May 2006. Dat~. Municipality of Clarington this ~. WtI-- D VI rome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 ~n~ I- Z W ~ C ......2 -w O~ q<( ~~ O..J N, <(> mID Nc) z - z o N .... c Q) E "C C Q) N E get o c I ftI <0- OQ. Oiii N ._ u <( .- 0.8 o c o 0 .... C) c -.:: ftI (3 o "t: ftI .... C Oc Q)o .llC:._ ftln; =~ I!cu ....en cc cuo 00 ~ Q) c ~ o ~ 506 ,ClfJ!:JYglOH APPLICATION BY: Municipality of Clarington AN APPLICATION TO AMEND ZONING BY-LAW 84-63 FOR INDUSTRIAL LAND ON THE SOUTH SIDE OF . SOUTH SERVICE ROAD IN BOWMANVILLE CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING PUBLIC MEETING REPORT # PSD-074-06 MUNICIPALITY OF CLARINGTON 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 proposed rezoning application proposes to change the zone category of the subject lands from "Light Industrial (M1)", "Holding Light Industrial ((H)M1'-. "Light Industrial Exception (M1-6'-, "General Industrial (M2)" and "Environmental Protection (EP)" zone to better conform with the designation and policies of the Clarington Official Plan. The subject property is. generally located south of Highway 401. west of the Fifth Wheel Truck Stop, north of the Canadian Railway line and west of Ontario Power Generation lands as shown on reverse. Planning File No.: ZBA 2006-0016 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. The public meeting will be held on: DATE: Monday, June 19, 2006 TIME: 9:30 a.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 June 26, 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, June 21, 2006 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? I f 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, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 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, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. or by calling Carlo Pellarin at (905) 623-3379 extension 220 or bye-mail atcpellarin@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 30th day of May 2006. 40 Temperance Street Bowmanville, Ontario L 1C 3A6 David Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 507 - c CI) E CD "C - C o CI) q E CD < o .~ o l'lI N "'i' <C ~ m m N ~ .2 o N "'-J ~ 7"L -;. \. -i ~ ~ ~ "1a. 'Q ~ ~ .lrJ ""- '" \::J "'-J \cJ ""- c o '& c i: .!! o .... o ~ "iij Q. .u .2 = :E .;.: C l'lI .~ Q. Q. < 508 _....~__ ~..... ~ .tt ..~ ~ Ii ETING -,~,---:"'-"'_' . -~' " ~~',h .---. - - - - - - - - - - - -- - - --- -- - . - - ~ - - - - - PUBLIC MEETING -084-06 . .-. . Proposed Amendments to the Durham " Regional Official. ,PI~n . .',.... r.. . .r.. .... The Durham Regional..F'lanningCoITlmit1~ h?v~'propo~ed amendmentS tottle Dyrharn, Flegion~Officj~1 PI~d(ROP)Jhat incorpo~t~ amend.rTJents relate<;i.to the:Pop~latioh, : EmploYrnent and Urban Land ,Component ,of the Regionpl Official,Plan Revi~w."Acopyo.fthe amendm~ritjsavailable online at w.reg.io.ri.durhCim.on.ca.: ;Among '9tt:l~r ttlifl9~/:th..~;.proPOsed amendm~p~:in9Iyq~.:!Jrb~f.1. ..~()~.nd~ry ~~n,$ior1s'~. ..:~h<>.,wn' on )he map." , ..i.'.".;.....: " "'.". .."........ .;."'<':':.' '.'--. ; ;~ . A Staff Report on this matter will be ,considered.by the. General Purpose and Administration CommitteE) on: . '. Date: Monday, June 19th, 2006' '" Ti'me:. . 9:30A.M.; '. . 'Plac;e: . .. Council Chambers,. -' .' .' '. Municipal Adminjstr~tive Centre:: 40 Temperance'St.,:Bowmanvil~e . The staff report regarding this matter will' be available by noon on J~ne 15th from the Planning S~rvices D~partment - . . Any person may attend the public meeting~ndlor ,make. wri~en or verbal' representation either in supportqforin opp~sition to ~he proposaL The start time listed above reflecta.the.tlmeat which th~General Purpose and Administration COl1lmitt,~eMeeting commences. . . "., If you'are unal;>l.e to attend this meeting, you can make a deputat!on to Council at their meeting on Monday, June 26th, 2006 commencing at 7:00p.m. 509 Cl!J!.IDgfOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19,2006 Report #: PSD-071-06 File #: ZBA 2006-0014 By-law #: Subject: REZONING TO PERMIT A CONVENIENCE STORE WITHIN AN EXISTING BUILDING APPLICANT: GILL SISTERS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-071-06 be received; 2. THAT the application to amend Zoning By-law submitted by Gill Sisters Limited be APPROVED and that the attached Zoning By-law Amendment be adopted by Council; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Da Id J. rome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: ()^-"V~~ Franklin Wu, Chief Administrative Officer BH/CS/DJC/df 6 June 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-071-06 PAGE 2 1.0 1.1 APPLICATION DETAILS Owner: Gill Sisters Limited. 1.2 Rezoning: from "General Commercial Exception Zone (C1-30)" to include a convenience store in addition to permitted general commercial uses. 1.3 Location: 210 King Street East, Bowmanville Part Lot 10, Concession 1, former Town of Bowmanville 2.0 BACKGROUND 2.1 On April 26, 2006, the Planning Services Department received a rezoning application to include a convenience store as a permitted general commercial use within the existing building. The current commercial uses are a video rental, a personal service shop and a financial institution. 2.2 In 1990 The Municipality granted site plan approval for the construction of a three residential storey building with a retail component. The site is serviced by municipal water and sewers. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the King Street frontage. 3.2 As of the writing of this report, staff has not received any objections to the proposal. 4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS 4.1 Located on the north side of King Street East, the lands are occupied by a 3 storey 1692m2 building. The building contains 579.2m2 of retail area and 14 residential units. The lands are relatively level with no significant environmental features close to the site. No changes to the site or building are proposed. 4.2 Surrounding Uses: North: East: South: West: Residential (single detached) Street Related General Commercial Area Street Related General Commercial Area Street Related General Commercial Area 602 REPORT NO.: PSD-071-06 PAGE 3 5.0 PROVINCIAL POLICY STATEMENT 5.1 The Provincial Policy Statement identifies settlement areas as the focus of growth and their vitality and regeneration should be promoted. Including the convenience store is consistent with the Provincial Policy Statement. 6.0 OFFICIAL PLAN CONFORMITY 6.1 The Durham Region Official Plan designates the subject property Main Central Area. This designation is to provide an array of shopping and residential uses. This proposal for a convenience store is consistent with the Regional Official Plan. 6.2 The subject property is designated as a Town Centre under the Clarington Official Plan. These areas are to provide a diverse mix of uses and particularly redevelopment is encouraged to provide a full range of choice in goods and services for local residents and business. 6.3 The Bowmanville East Main Central Area Secondary Plan Designates the property Street Related Commercial Area which permits retail uses. 7.0 ZONING BY-LAW CONFORMITY 7.1 The property is zoned "General Commercial Zone (C1-30)" which does not permit a convenience store, gas station, or car wash, hence the subject application. 8.0 AGENCY COMMENTS 8.1 In consideration of the nature of the application to allow a convenience store as a permitted use, the application was circulated to a limited number of agencies. 8.2 Clarington Engineering, Clarington Building, and Durham Region Planning Department all advised verbally or in writing that they had no obiection to the proposed zoning amendment. 9.0 STAFF COMMENTS 9.1 The applicant is not proposing any work or construction that would require an amendment to the site plan. The applicant will have to apply for a building permit if any interior renovations are required. 9.2 The convenience store will not require additional parking spaces. Adequate parking is provided on-site. 603 REPORT NO.: PSD-071-06 PAGE 4 9.3 No additional traffic congestion or traffic hazards are anticipated due to the proposed development. 1 0.0 RECOMMENDATIONS 10.1 Based on the comments in this report, it is respectfully recommended that the rezoning application submitted by Jaswinder Gill on behalf of Gill Sisters Limited be APPROVED and that the attached Zoning By-law be amendment be forwarded for adoption by Council. Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-Law List of interested parties to be advised of Council's decision: Jaswinder S. Gill 604 Attachment 1 To Report PSD-071-06 < "- ~ ~ ~ 0 '> c l'G - E ~ C "0 "0 ~ CD C ~ E ftS m Hmo:) "'It "0 - E ~ c c; :J Co 0 CD l'G 0 E ... f :E .... . CD ~S CD <C CD c "0 - 0 ~W 0 ~ C II) ;:: "'i< 0 .! (ij l'G ~~ N ..J u - 0 ~" . ..J C::~ <C ~ ftS c; ~ m m .., N eft i.: CD c CD Co .2 c e ~ a. 0 N III C iii CD ~ l'G .c ... l'G C) :~:? L ( ') '- f') [!]: ~ f ') l'G '- '-- ! c( f ~ ') C :g '- l'G n 0 .- ..J ~ c f') :2 .S m '-- ~ c f ;:: ') III ";( '- w ..0 f ') L- '- f') '- / ~') I- :l w I- W W ~ l- t/) C) z 52 605 Attachment L To Report PSD-071-06 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 Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with applications ZBA 2006-0014 to permit a convenience as a permitted use; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By adding a new Section 16.5.50 respecting lands zoned C1-50, as follows: "16.5.50 GENERAL COMMERCIAL EXCEPTION (C1-50) ZONE Notwithstanding Section 16.1 (b), those lands zoned C1-50 on the Schedules to this By- law may, in addition to the other uses permitted in the C1 zone, be used for a convenience store". 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "General Commercial (C1) Zone", to "General Commercial Exception (C1-50) Zone" as illustrated on the attached Schedule "An hereto. 3. Attachment "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 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 606 This is Schedule "A" to By-law 2006- passed this day of 'I 2006 A.D. ;: '0 t") ;... en ;: Z '0 0 0, en z co 0 N co Ol ~ Ol .j- .-/ '- 40.23m N74' 33' 30"E , f7ZZZ] Zoning Change From "C1-30" To "C1-50" John Mutton, Mayor KING ~ U1 UJ ~ a:: o UJ ~ ~ U1 LAKER/DGE HEALTH CENTRE PRINCE I I I I I I I I Patti L Barrie, Municipal Clerk STREET EAST ti w a:: I- U1 607 C/JJ!mgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Report #: PSD-072-06 File #: ZBA 2006-0009 By-law #: Subject: ZONING BY-LAW AMENDMENT TO PERMIT DETACHED GARAGE IN ENVIRONMENTAL PROTECTION ZONE APPLICANT: JOHN LEWANDOWSKI RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-072-06 be received; 2. THAT the rezoning proposal for development of the subject property be referred back to Staff for further processing and preparation of a subsequent report; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Davi . Crome, M.C.I.P., R.P.P. Director of Planning Services o ~ Reviewed by: ~ Franklin Wu, Chief Administrative Officer SA/CP /DJC/sh/df/jd 9 June 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 608 REPORT NO.: PSD-072-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: John Lewandowski 1.2 Rezoning: To rezone the subject lands from the "Environmental Protection (EP) Zone" to an appropriate zone to permit a 107 m2 detached garage. 4050 m2 1.3 Site Area: 2.0 LOCATION 2.1 The subject lands are located at 2713 Rundle Road (Attachment 1). The property is contained within Part Lot 22, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On February 28, 2006, the applicant/owner. submitted an application to the Municipality of Clarington to rezone the subject lot at 2713 Rundle Road to permit a 107 m2 detached garage within the Environmental Protection Zone. A Phase 1 Site Assessment prepared by Gibson and Associates was submitted in support of the application. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 Currently there is a single detached dwelling and the existing detached garage located on the subject property. Prior to the purchase of this property by the current owner the lot was treed and formed a part of a significant woodland, identified in the Clarington Official Plan. The property is also part of the Provincially Significant Maple Grove Wetland Complex. 4.2 Between 1997 and 2006, the current owner has significantly changed the appearance of the subject property. With the approval of the Committee of Adjustment, the original dwelling was expanded from an 891 ft2 dwelling (data from assessment information). An attached two-car garage was also constructed. The Owner also moved an existing, but not legal non-conforming, detached garage (360 W) further east on the property and added a 783 ft2 addition (without a building permit). The Owner has also clear-cut the entire prc;>perty and added a large amount of fill, ranging between 0.2 metres to 0.71 metres (0.67 feet to 2.3 feet) in depth, to raise the elevation of the property. With the exception of the expansion of the dwelling, all other changes on the property were done without the approval of either the Municipality of Clarington or Central Lake Ontario Conservation. 609 REPORT NO.: PSD-072-06 PAGE 3 4.3 Surrounding Uses: North: South: East: West: existing rural residential- 0.5 ac lots existing rural residential- 0.3 ac lots residential on 2-3 ac lots vacant, forested, wetland complex 5.0 PROVINCIAL POLICIES 5.1 The Provincial Policy Statement 2005 states that development and site alteration shall not be permitted in significant wetlands. Development includes the construction of buildings and structures requiring approval under the Planning Act. The application does not appear to conform with the Provincial Policy Statement. However, the PPS is a broader document and the Greenbelt Plan (also authored by the province) provides more detailed and specific policies. The Greenbelt Plan makes provision for existing uses as identified below. 5.2 The Greenbelt Plan identifies the subject property as being within the Greenbelt area and within a Natural Heritage System. The Natural Heritage System is an area with a high concentration of Key Natural Heritage Features and Key Hydrologic Features, which include both significant woodlands and wetlands. This property contains both a significant woodland and a provincially significant wetland. New development or site alteration is not permitted in key hydrologic features and key natural heritage features. However, this application will be considered under the existing use policies which permit the expansion of residential dwellings and accessory uses within key natural heritage features and key hydrologic features provided, there is no alternative area for use, that expansion is directed away from the feature and the impact of the expansion is minimized to the maximum extent possible. The residential use on the subject property was established in 1959 under the Township of Darlington Zoning By-law, By-law 2111 (December 4, 1958) which zoned the property "Agricultural (A)". Thus the residential use of the property is determined to have lawfully existed since 1959 and predates the passing of the Greenbelt Plan. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated "Major Open Space" in the Durham Region Official Plan. The subject property is an existing rural residential use within the Major Open. Space designation. 6.2 The lands are designated "Green Space" in the Clarington Official Plan. The Green Space designation is used both as an urban separator between Bowmanville and Courtice urban areas and as a link to the Oak Ridges and the Waterfront Greenway. Rural residential uses are permitted. 610 REPORT NO.: PSD-072-06 PAGE 4 The property contains a Significant Woodland, shown on Map C Natural Features of the Official Plan. Also, the province has identified this property as being within the Maple Grove Wetland Complex, which is a Provincially Significant Wet!:md (PSW). Policies within the Official Plan state that the Municipality will use all efforts to require the restoration of any natural heritage feature which has been damaged or removed. Also, the removal of a natural heritage feature shall not be considered as the basis for approving any development application. Any development in or within 120 metres of a significant woodland or a significant natural heritage feature that has been identified by the Province requires an Environmental Impact Study. The applicant has been informed of this requirement. Development will not be approved where an EIS identifies unacceptable negative impacts on the natural heritage system. 7.0 ZONING BY-LAW 7.1 The subject lands are currently zoned "Agricultural (A)" and "Environmental Protection (EP)". The applicant has requested to permit an existing detached garage, built without any municipal approvals, to remain in its current location, and to permit the addition (constructed by the applicant) to also remain. The detached garage is completely within the "EP" zone. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. 8.2 One inquiry was received for information regarding this report. 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from Clarington Emergency Services, the Clarington Building Division and the Regional Health Department. There were no objections. 9.2 Comments have also been received from Central Lake Ontario Conservation Authority. Their review of the application noted the following - that the property is located within a Provincially Significant Wetland (PSW), known as the Maple Grove Wetland Complex. 611 REPORT NO.: PSD-072-06 PAGE 5 Wetland boundary In addition to the above comments, the Conservation Authority also noted that the trees have been removed from the property and that substantial fill has been brought in to raise the level of the entire property. This has effectively eliminated the PSW from the site. Prior to February 2006, when Ontario Regulation 42.06, the 'Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourse' came into effect, the property was not regulated for filling and grading. They have sent a letter to the Ontario Ministry of Natural Resources to obtain their opinion of the situation and a course of action as to whether or not the PSW designation should be removed from the site. Although the Conservation Authority does not condone the removal of the PSW, given the past activity on the site and that fill and grading was not regulated, they do not object to the rezoning application at this time. 1 0.0 STAFF COMMENTS 10.1 The current owner, Mr. Lewandowski, purchased the property in 1997. At that time there was a small bungalow circa 1959 and a detached garage placed on the property by the previous owner in approximately 1990. Staff examined air photos of the property from 1988 and 1992 and the detached garage first appeared between the dates of those air photos. Also, Assessment information indicates the detached garage as being constructed in approximately 1990. A review of building department files indicates a building permit was not obtained for the detached garage, which was 34 m2 (365 tr) at that time. 10.2 The owner began renovating and expanding the existing dwelling to its current size and configuration shortly after his purchase of the property. He obtained a minor variance in 1997 from the Committee of Adjustment for expansion of the dwelling, due to the proximity of the Environmental Protection Zone on the property. The detached garage was noted through this process and the owner was advised it did not appear to have legal non-conforming status. The detached garage is completely within the Environmental Protection Zone. 612 REPORT NO.: PSD-072-06 PAGE 6 10.3 Between April 2000 and April 2002 the current owner moved the detached garage further north and east on the property, away from the house and further into the Environmental Protection zone. The detached garage was origi~ally 21 metres from the Rundle Road allowance and 13 metres from the north property line and is now 34 metres from the Rundle Road allowance and 5.5 metres from the north property line. This is evidenced by ortho photos examined by Staff and shown below. 2000 Ortho Photo 2002 Ortho Photo 10.4 Two building permits were also issued in 2001; one for the demolition of a portion of the existing dwelling, and one for the replacement of that demolished portion with new construction. The second permit also indicated the attached garage. The attached garage did not received approval from the Committee of Adjustment or the Planning Department. 10.5 In 2004, the current owner constructed a 73 m2 (783 ft2) addition to the existing detached garage again further into the Environmental Protection zone. The addition was noted by the Building Division and Mr. Lewandowski was required to remove the addition or apply for and receive approval to rezone this portion of the property. The 2005 ortho photo is shown below indicating the location of the detached garage and the addition. 613 REPORT NO.: PSD-072-06 PAGE 7 Attached Garage: 2001 Detached garage and new addition 2005 Ortho Photo 10.6 An application for rezoning was received in May 2005 but was not complete. Planning Staff spoke with the applicant and his consultant on numerous occasions about the information required to complete the application and eventually closed the file in January 2006. The application was refiled in late February 2006 with all required information attached. 10.7 A review of air photos from 1988, 1992,2000 and 2002 and photographs contained in the Phase 1 Environmental Site Assessment (Gibson & Associates 2005) indicate a clearing of the subject lot from its original forested condition to its current state which is now completely cleared. The portion of the significant woodland on 2713 Rundle Road has been removed by the current owner. 10.8 The policies of the Clarington Official Plan require the preparation of an environmental impact study to determine the best possible location on the property for the detached garage and what mitigation measures could be recommended to alleviate the site alteration undertaken by the owner in the Provincially Significant Wetland. As comments are being sought from the Ministry of Natural Resources by CLOC on the status of the PSW in the subject property, Planning Staff would recommend that the Environmental Impact Study not begin until after their comments are received. 11.0 RECOMMENDATION 11.1 In consideration of comments not received at the writing of this report, the requirement for an Environmental Impact Study and that the purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting, it is recommended that the application be referred back to staff for further processing. 614 REPORT NO.: PSD-072-06 PAGE 8 Attachments: Attachment 1 - Key Map Interested parties to be notified of Council and Committee's decision: John Lewandowski 615 - ci ~ c:: o - c:Jl .5 i: III C ... Q) E ... o IL - Q. III ::E c:: o ; III U o ..J ~ Q) Q. e D. 211.0011 -, ~ 39. LOT 22 CONCESION 2 .-1----'1 I I 0.00 J EXIS1lNO RAISED '26.10 II I SEPJ1C BED I I 1'R0PllllEl ADDIT10N I I I J I TOOlABQlJIPMF.N Rs.611 1-- -f-.J I Sl!EJ) I..L- 30.40 --.J. _Ubt<>toc I ....., foanoIobonI , \ \ rrvc........ old waICI' I ~m' '\ Tor........, 1 \ Scptic- . ._ s ~_.__ _ .46.10.1l. flfQ~ :.;....... 24.6Qft 1Il6011 4.5ft 10_ ..... 3.5ft ......r "'""'- - 200.00 II ~10ft 19.5Oft 8 I I --f 23.60 l ........ ""'........... .0 ft ~ 27.5Oft I I 1-1: I! I I 45.5Oft ~.. ~ ACCESS TO PROPERTY 2713 R UNDL E RO AD Attachment 1 To Report PSD-072-06 :.; ~ ; z 0 W "tS :i c Q i 0) Z Q W ..J Q :i Cll Q - <t c I Cll CD ~ '0 Q Q > N "tS I C 4(> Cll mal N II) Nc) ;:, z c - Cll Z .., 0 L: N CD c ~ 0 I I I I I 8' II I: 11.4Oft I I I I I I I I I -1:1 !I I __0 616 CJJJ!.mgtnn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Report #: PSD-073-06 File #: COPA2006-0002 and ZBA2006-0017 By-law #: Subject: APPLICATIONS TO AMEND THE ClARINGTON OFFICIAL PLAN AND ZONING BY- lAW TO PERMIT THE CREATION OF A NEW lOT APPLICANT: CENTRAL lAKE ONTARIO CONSERVATION AUTHORITY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-073-06 be received; 2. THAT the application to amend the Clarington Official Plan submitted by Central lake Ontario Conservation Authority be APPROVED and that a by-law be passed by Council to adopt Official Plan Amendment 53 to the Clarington Official Plan as contained in Attachment No.2; 3. THAT the application to amend the Municipality of Clarington's Zoning By-law 84-63, as amended, as contained in Attachment 3 be APPROVED and that a By-law removing the Holding (H) provision be forwarded to Council for approval at such time as the conditions of approval for the consent application have been satisfied; 4. THAT the Region of Durham be forwarded a copy of this report and be advised of Council's decision; and 5. THAT all interested parties listed in this report and delegations be advised of Council's decision. Submitted by: Reviewed by: 0 Franklin Wu, Chief Administrative Officer ~ - v' J. Crome, M.C.I.P., R.P.P. Director of Planning Services SAlCPIDJC/jd/df 12 June 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 617 REPORT NO.: PSD-073-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Central Lake Ontario Conservation Authority 1.2 Official Plan Amendment: To permit the creation of a new residential lot with an existing dwelling in an Environmental Protection Area designation. 1.3 Zoning By-law Amendment: To rezone from "Environmental Protection (EP)" to an appropriate zone to permit the proposed lot with the existing residential use. 1.4 Site Area: 0.16 ha 2.0 LOCATION 2.1 The subject lands are located in Hampton at 28 Millstream Lane. The property is contained within Part Lot 18, Concession 5, former Township of Darlington. 3.0 BACKGROUND 3.1 On May 8, 2006, Central Lake Ontario Conservation Authority submitted applications to the Municipality of Clarington for the re-designation and rezoning of a 0.16 ha parcel of land in Hampton. The existing dwelling on the parcel has been declared surplus by the Authority Board and they have directed the Conservation Authority to make application to sever the house and surrounding lands needed for the well, septic, driveway and amenity area from the remaining mill pond lands. 3.2 Prior to changes in the Planning Act in the 1980's, this proposed lot was a separate parcel owned by the Conservation Authority. Abutting lots held in the same ownership amalgamated. The Authority is seeking to re-create the original lot pattern with identical lot lines and lot area. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property currently contains the subject dwelling and is adjacent to other single detached dwellings on Millstream Lane. The lands to the west and north of the property will remain in the ownership of the Conservation Authority. 4.2 The subject dwelling was constructed in 1961 and has an attached drive shed, existing entrance onto Millstream Lane, a private septic system and private drilled well. The dwelling is in good condition and is presently rented to tenants by the Authority. 618 REPORT NO.: PSD-073-06 PAGE 3 4.3 Surrounding Uses: North: South: East: West: Lands designated and zoned Environmental Protection Other lands owned by Central Lake Ontario Conservation Existing low density residential Lands designated and zoned Environmental Protection 5.0 PROVINCIAL POLICY 5.1 The 2005 Provincial Policy Statement defines development as "the creation of a new lot, a change in land use or the construction of buildings and structures any of which require approval under the Planning Act". This application seeks to re-establish a previously existing lot pattern which existed until the 1980's when it was melded with lands also owned by the Conservation Authority to the north and west. There will be no change in land use as the residential use is already established; the dwelling and drive shed were constructed in 1961. Also there will be no further construction of buildings or structures as the dwelling currently exists and the proposed amendments only provide for the recognition of existing structures. The Authority intends to keep ownership of the retained lands in perpetuity thus ensuring the use of these lands for conservation. The applications would conform with applicable provincial policy. 5.2 The Greenbelt Plan policies recognize hamlets as a settlement area. The Hamlet policies allow infill and intensification subject to appropriate water and sewage services. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated "Hamlet" in the Durham Region Official Plan. Lands designated Hamlet shall be the predominant location for rural settlement on lands suitable for development. 6.2 The lands are designated "Environmental Protection Area" within the Hamlet of Hampton in the Clarington Official Plan. The dwelling has legal non-conforming status as its construction predates the Official Plan polices precluding development on hazard lands. Although typically new lots are not permitted within lands designated Environmental Protection Area, this application seeks to re-establish previously existing lot lines for an existing dwelling. The application has merit and would appear to conform to all other policies of the Official Plan. 7.0 ZONING BY-LAW 7.1 The subject lands are currently within the "Environmental Protection (EP) Zone". The applicant has applied to rezone the property to permit the severance of lands associated with an existing single detached dwelling. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and one (1) public meeting notice sign was installed facing Millstream Lane. 619 REPORT NO.: PSD-073-06 PAGE 4 8.2 To date, two (2) inquiries have been received. The inquiries were for further information regarding the applications. There were no objections to the proposal. 9.0 AGENCY COMMENTS 9.1 Comments have been received from Clarington Building Division and they have no objection to these applications. 9.2 Preconsultation was done by the Conservation Authority with the Regional Planning Department and the Regional Health Department. The Conservation Authority retained a consultant, Gibson and Associates to confirm that this proposal will satisfy the Regional Health Department requirements. A new septic system was installed in 1992 with Regional approval. The proposed lot configuration leaves adequate land for a reserve area. The Regional Health Department has no objection to these applications. CLOC's Engineering staff reviewed the property for flood hazard potential. The Regional flood elevation in this area is 165.0 metres and the lowest opening of the house is a basement window sill, with an elevation of 164.4 metres. The estimated velocities of the flood water are 0.3 m/s with a maximum flood depth of 0.8 metres. This results in a depth and velocity product of 0.24 m2/s and is considered a low risk hazard according to the Flood Plain Planning Policy Statement Implementation Guidelines (MNR October 1988). This is also considered safe for maintaining the structural integrity of the traditional brick and concrete house construction. As the proposed applications will not change the use of the land there will be no increased hazard for flooding or flood damage. 9.3 Clarington Engineering Services has no objection to this application subject to no changes being made to the existing entrance. Engineering Services also reviewed CLOC's engineering report with regard to flood depths and velocities and finds the data analysis methodology to be acceptable. 9.4 The Regional Planning Department has no objections to these applications. The Region is requiring a peer review by an adjacent conservation authority (Kawartha Region Conservation Authority) prior to the approval of the Land Division application. The Region has stated that these applications are exempt from Regional approval. 10.0 STAFF COMMENTS 10.1 The building and attached drive shed have existed on this land since 1961. From a review of air photos available to Staff, there have been no visible changes made to the size or location of the building, or to the driveway entrance location since 1992. 10.2 The applicant, CLOC, has submitted a planning rationale for these applications. The prime objective of designating and zoning lands environmental protection, is to ensure 620 REPORT NO.: PSD-073-06 PAGE 5 that no development occurs, thus protecting environmentally sensitive areas and protecting people from hazard lands. The dwelling is existing and the proposed zoning amendment will prohibit any new buildings or structures or additions to the dwelling from being constructed without further zoning review. 10.3 The Clarington Official Plan policies for Hampton typically require a minimum lot area of 4000 square metres. The lot currently has an existing septic system servicing the dwelling. A servicing review was done by Gibson and Associates on behalf of the Conservation Authority and found that the proposed lot area and its configuration can accommodate the existing well, septic and required reserve area. Thus the Regional Health Department are satisfied that if the official plan amendment, rezoning and future severance are approved the property is able to accommodate a reserve tile bed area in addition to the existing septic system without impacting adjacent properties. 10.4 The current zoning does not permit any new buildings or structures, nor the creation of a new lot in the Environmental Protection Zone. After reviewing the agency comments received, Planning Staff feel it would be appropriate to permit the re-creation of the previous lot. No additional buildings or structures or additions to the existing dwelling will be permitted without further development applications. The attached zoning amendment sets out a lot area matching the previously existing lot (10R-85 pt 3, 1971) with a lot area of 1580 square metres and a lot frontage of 31.5 metres. The setbacks of the dwelling and drive shed are in accordance with the location of the existing building as per the 2005 ortho photo. 10.5 The existing driveway is approximately 34 metres in length. This driveway will easily accommodate five (5) cars in tandem, thus meeting the parking requirement for two (2) outdoor parking spaces. 10.6 The proposed lot has an existing entranceway on Millstream Lane. Clarington Engineering Services requires that the entrance remain in this location and that the existing grading and drainage patterns of the driveway not be altered. A change in surface material is acceptable. 10.7 The Clarington Finance Department reports that all taxes applicable are paid in full at this time. 11.0 CONCLUSION 11.1 The existing dwelling and attached drive shed occupied the property since 1961. There will be no physical change as a result of approving the official plan amendment, rezoning and the proposed severance. Based on the comments contained in this report, it is respectfully recommended that the Official Plan Amendment 53 and rezoning application be APPROVED. 621 REPORT NO.: PSD-073-06 PAGE 6 Attachments: Attachment 1 - Key Map Attachment 2 - By-law and Proposed Official Plan Amendment Attachment 3 - Proposed Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Central Lake Ontario Conservation Authority 622 - c o Q. E III :J: - Q. III :I c o ~ III U o ..J ~ CD Q. e D. t- Z w :E c ......Z -w o~ qc( g~ N. c:(>- ram NC> z - z o N Attachment 1 To Report PSD-073-06 - c CD E "C C N CD o E oct o C I ca CD- oD. o- N .!! u c:( .- D..= 00 o 5 - ~ c .i: ca o o "i: ca - c o CD c .a::: .2 ca't: ..J .v -~ eCD _en cc CDO 00 ~ CD C ~ o lien FC =.2 (1)1; en U "C= C C. ca C. ..Jc( ~ 623 Attachment: To Report PSD-073-01 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to adopt Amendment No. 53 to the Clarington Official Plan WHEREAS the 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; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the creation of a lot in the Environmental Protection Area designation for an existing dwelling with a municipal address of 28 Millstream Lane in Hampton; NOW THEREFORE BE IT RESOLVED THAT, the Council of Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 53 to the Clarington Official Plan, being attached Explanatory Text is hereby adopted. 2. This By-law shall come into force and take effect on the date after the last day of appeal. 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 624 PURPOSE: BASIS: ACTUAL AMENDMENT: IMPLEMENTATION: INTERPRETATION: AMENDMENT NO. 53 TO THE CLARINGTON OFFICIAL PLAN The purpose of this amendment is ~o permit, as an exception, the residential use of an existing dwelling on a new lot, designated "Environmental Protection Area" and identified as "Hazard Lands" on Map C. This Amendment is based upon applications for an official plan amendment and zoning amendment filed by Central Lake Ontario Conservation. The dwelling is existing and has been declared surplus to the Conservation Authority's needs. Thus an application for severance will be submitted to create a new lot containing the existing .dwelling, separate from the Conservation Authority's holdings. The Clarington Official Plan is hereby amended as follows: 1. By adding the following new subsection: "23.14.7 Notwithstanding any other provision of this Plan, a new lot may be created for the existing single detached dwelling located on lands in Part Lot 18, Concession 5, former Township of Darlington having a municipal address of 28 Millstream Lane, Hampton. The provisions set forth in the Clarington Official Plan as amended, regarding the implementation of the Plan shall apply in regard to this amendment. The provisions set forth in the Clarington Official Plan as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. 625 Att8cnmem ;j To Report PSD-073-06 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 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 ZBA2006-0017; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 5.2 "SPECIAL EXCEPTION - ENVIRONMENTAL PROTECTION ZONE" is hereby amended by adding thereto the following new Special Exception 5.2.14 as follows: "5.2.14 ENVIRONMENTAL PROTECTION EXCEPTION (EP-14) ZONE" Notwithstanding Section 5.1, only buildings existing prior to June 26, 2006 on those lands zoned "EP-14" on the attached Schedule to this By-law shall be permitted and shall be subject to the following zone regulations: a) Lot Area (minimum) b) Lot Frontage (minimum) c) Yard Requirements (minimum) i) Front Yard Setback ii) Easterly Interior Side Yard Setback iii) Westerly Interior Side Yard Setback iii) Rear Yard Setback d) Floor Area (minimum) e) Lot Coverage (maximum) f) Landscaped Open Space (minimum) g) Building Height (maximum) 1580 square metres 31 metres 14 metres 7.5 metres 12 metres 16 metres 110 square metres 15% 70% 8 metres 2. Schedule "7" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Environmental Protection (EP) Zone" to "Holding-Environmental Protection Exception ((H)EP-14) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of the By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 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 626 This is Schedule "A" to By-law 2006- , passed this day of 'I 2006 A.D. ~ Zoning Change From "EP" To "(H)EP-14 ~ II. ,.;-" ~ s I ~ ~ '" $:I ~ John !Autton, Mayor Patti L. Barrie. !Aunicipal Clerk J Hampton 627 CI!J!.#Jgtnn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Report #: PSD-074-06 File #: ZBA 2006-0016 By-law #: Subject: REZONING APPLICATION FOR INDUSTRIAL LANDS ON SOUTH SERVICE ROAD IN BOWMANVILLE OWNER: MUNICIPALITY OF CLARINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-074-06 be received; 2. THAT the rezoning application by Municipality of Clarington to rezone lands generally described as 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 be referred back to staff for further processing; and, 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: D i rome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: ~ - InWU, f Chief Administrative Officer CP/DJC/sh/df June 13, 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 628 REPORT NO.: PSD-074-06 Page 2 1.0 APPLICATION DETAILS 1.1 Applicant: Municipality of Clarington 1.2 Rezoning: from "Agricultural (A)", "Light Industrial (M1)", "Hulding Light Industrial ((H)M1)", "Industrial Exception Zone (M1-6)", "Holding Light General ((H)M2)" Zone and "Environmental Protection (EP)" Zone, to appropriate zones to implement the policies of Light Industrial Area, Green Space and Environmental Protection Area designation and recognize existing legal uses. 2.0 LOCA liON 2.1 The subject lands are generally located on the south side of South Service Road, east of Ontario Power Generation, west of the Fifth Wheel Truck Stop, and north of the eN Rail line, as shown on Attachment 1. 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The subject lands encompass approximately 40 ha 100 (acres). The subject area includes two tributaries generally flowing to the south towards Lake Ontario. The area also includes two existing developments, one site plan approved development, vacant land as well as two parcels containing existing single detached dwellings. 3.2 Surrounding Uses: North: South: East: West: Highway 401 Canadian National Railway line and St. Marys Fifth Wheel Truck Stop Ontario Power Generation lands including Darlington Nuclear Station 4.0 BACKGROUND 4.1 On May 8, 2006, the General Purpose and Administration Committee considered Planning Staff report PSD-056-06 and adopted the following recommendation: "THAT Staff be authorized, forthwith, to undertake a rezoning of the lands fronting on the south side of South Service Road, east of Ontario Power Generation, west of the Fifth Wheel Truck Stop, and north of the CN Rail line, as shown on Attachment 4". 4.2 The key map contained in Attachment 1 to this report is the same as the map contained in Attachment 4 to the May 8, 2006 report. It depicts the land subject of this application. The subject lands are designated either "Light Industrial" "Green Space" or "Environmental Protection Area" in the Clarington Official Plan. These 629 REPORT NO.: PSD-074-06 Page 3 lands have frontage and access to South Service Road; however they generally have good visibility from the eastbound lanes of Highway 401. 4.3 The land subject to the rezoning application has some scattered development. Attachment 2 to this report identifies ownership of lands within the area subject to rezoning. The following provides a description of the area starting at the east limits and moving west: . The first parcel is vacant; . G.D. Tire occupies the abutting 0.58 ha parcel with a 465 sq.m. building constructed about four years ago; . West of that is a vacant 3.14 ha parcel; . The abutting lands to the west are owned W. E. Roth Construction. This parcel received conditional site plan approval in May 2006 for 12 buildings for rental storage units and construction is expected to commence shortly; . Roth also constructed an industrial condominium on the south east corner of Symons Road and South Service Road, in 2003, having a floor area of 2500 sq. m.; . The Roth lands surround a 1.5 ha parcel of land associated with floodplain lands that have been dedicated to the Municipality of Clarington; . West of Symons Road there is a 0.9 ha parcel with an existing house. 941807 Ontario Ltd. (Gerald Hasiuk) filed an application for removal of holding and application for site plan approval to permit a proposed transport service establishment for the repair and maintenance of trailers on these lands Mr. Hasiuk has referred the rezoning application to the Ontario Municipal Board; . The remaining frontage on South Service Road is a 6.27 ha parcel which has an existing residential dwelling and accessory buildings; . Hydro One Networks Inc. owns a vacant parcel that only has access from Symons road and does not have any active applications. (Attachment No. 2). 4.4 There is a two tower wide 500 KV hydro corridor located immediately north of the CNR line. This corridor commences at the Darlington Generating Station and runs parallel and north of the rail line through the subject lands. The corridor is on easement over the lands east of Symons Road. 5.0 PUBLIC NOTICE AND SUBMISSIONS 5.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. As of the writing of this report no one has contacted staff with respect to the notice provided. 5.2 One enquiry from landowner within the area subject to rezoning was received as well as enquiries from OPG and CNR. All three requested additional information on the application. The land owner requested a list of proposed permitted uses. No one provided any objection to the proposed zoning change. 630 REPORT NO.: PSD-074-06 Page 4 6.0 PROVINCIAL POLICY 6.1 The Provincial Policy Statement 2005 has a number of policies relevant to the managing and directing of land uses to achieve efficient development and land use patterns. Settlement areas shall be the focus of growth. Employment Areas shall provide an appropriate mix and range of employment to meet long-term needs. The proposed rezoning is consistent with the PPS. 7.0 OFFICIAL PLAN CONFORMITY Durham Reaion Official Plan 7.1 The Durham Region Official Plan designates the subject property as Employment Area. Manufacturing, assembly and processing of goods, service industries, research and development facilities, warehousing, business parks, limited personal service uses, hotels, storage of goods and materials, retail warehouses, freight transfer and transportation facilities are the predominant use of lands designated Employment Area. Such uses shall be designated in appropriate locations in the local municipal official plan. Sites having a high degree of exposure and good visibility shall be reserved for employment intensive uses. This proposal is consistent with the Regional Official Plan policies. C/arinaton Official Plan 7.2 The Clarington Official Plan designates the lands subject of the rezoning application Light Industrial Area, Green Space and Environmental Protection Area. The predominant use of lands in Light Industrial designation is for manufacturing, assembling, processing, fabricating, repairing, research and development and warehousing. Outside storage can not exceed the equivalent of 25% of the gross floor area, shall not exceed a height of 3 metres and shall be located primarily in the rear of the building and shall be screened so as not to be visible from a freeway. 7.3 Lands designated Green Space shall be primarily used conservation and active or passive recreation uses. This designation is generally located on the lands encumbered by the Hydro corridor. 7.4 The policies of the Environmental Protection Area designation recognize the most significant components of the Municipality's Natural Environment. These areas and their ecological function are to be preserved and protected from the effects of human activity. The extent of the Environmental Protection Area designation shall be detailed through the review of development applications or in consultation with the Conservation Authority. 7.5 In addition to the above designations, some of the lands designated Environmental Protection Area are identified as significant woodlands. 631 REPORT NO.: PSD-074-06 Page 5 8.0 ZONING BY-LAW CONFORMITY 8.1 The subject lands have a number of existing zones including Agricultural (A), Light Industrial (M1), Holding Light Industrial ((H)M1), an Industrial Exception Zone (M1- 6), Holding General Industrial ((H)M2) Zone and Environmental Protection (EP) Zone. The existing Light Industrial zone provisions do not fully implement the policies of the Light Industrial Area designation and permit uses which are not consistent with uses of this designation. In addition, the limits of the existing zone boundaries do not implement the limits of the Environmental Protection Area properly or the lands designated Green Space. Staff initiated a rezoning of these lands to address this issue of non-conformity. 9.0 STAFF COMMENTS 9.1 The purpose of the application is to bring the zoning of the subject lands into conformity with the policies of the Clarington Official Plan. As noted above the current limits of industrially zoned lands is not in complete conformity with the designations and policies contained in the Clarington Official Plan. This includes: · lands zoned for industrial development that are subject to flooding; · lands zoned General Industrial (M2) which permits outside storage with limited controls; · uses in the Light Industrial (M1) which are not consistent with the Light Industrial designation; and · a Green Space designation which is not recognized. 9.2 The proposed zoning amendment would provide zone limits that are consistent with the land use designations, as well as use and regulations that implement the policies of the Clarington Official Plan. 9.3 The proposed amendment would limit public storage units to the Roth lands where 12 buildings for rental storage units have been recently approved. The lands designated Green Space which roughly coincide with the Hydro Corridor are proposed to be zoned Agricultural (A) at this time. Development of these lands, consistent with the Green Space designation and authorization from Hydro One, will require further rezoning. 1 0.0 RECOMMENDATION 10.1 It is recommended that the report be referred back to staff for further review in consideration of any comments received from the public, and receipt of comments from agencies on the draft by-law. 632 REPORT NO.: PSD-074-06 Page 6 Attachments: Attachment 1 - Key Map Attachment 2 - Existing Land Use and Ownership Attachment 3 - Proposed Zoning By-law Amendment List of interested parties to be notified of Council's decision. Terry Klawitter 633 ~ I::; ...., ~ I::; ...., 7"" ?- \ -i ~ ~ ~ ~ "Q ~ t> Attachment 1 To Report PSD-074-06 CD "II""" C C I CD C C N <( m N - t: CD E "D t: CD E < ~ "T ~ In CJ .5 t: o N ~ ~ lrJ ""-.. ~ \::J ~ ~ ""-.. t: o - CJ t: .C ca o .... o ~ "i Co .u .2 ~ :!E ,tJ t: ca .~ Q. Co < 634 Attachment 2 To Report PSD-074-06 I I ..q- I ~ +-' I 0 ...J \ \\ \ ' )\ \\ CD Q) - .... ~ OQ)Q) 0 eea;:: ea ..c .- 0 .... 0 ;: .... .- ea I Q):::2:- LO CD I- ~ 0 ~ 0 co e 0 co- +-' N co .g 0 mea ...J <C LO_ LOe en ~o N c .- .c ... .- e ~ ..c 0 .... = tn '0 ~ 2 '"C . - C ~e W U) .e =.9 ~ 0 ca ea C) Q,e () ...J '0 'e "- .- ea c- O ::J() :::2: Q, .- .c ~ CD C ~ 0 Q) 0 I"- e.E ~ o~ +-' e 0 0 -g.~ ...J :I: Q) Z ~ 635 Attacnmem ,j To Report PSD-074-06 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 Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement the policies contained in the Clarington Official Plan for an area fronting on the south side of South Service Road, east of Ontario Power Generation lands, west of the Fifth Wheel Truck Stop lands; and north of the CN Rail line (ZBA 2006-0016); NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 23.3. "SPECIAL EXCEPTIONS - LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by adding a new Section 23.3.13 as follows: "23.3.13 LIGHT INDUSTRIAL EXCEPTION (M1-13) ZONE (a) In this Section, the terms mean: Drive-Through Facility shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. Light Equipment Service Establishment Shall mean the use of a building or part of a building or structure where light machinery and equipment such as hand tools, small power tools, portable equipment, and machinery containing a small engine, such as air compressors, augers, automotive tools, cleaning equipment, light compaction equipment, concrete and masonry equipment, floor and carpet tools, gasoline generators. chain saws; jacks and hydraulic equipment, lawn and garden tools, ladders, moving equipment, painting and decorating equipment, pumps, scaffolding, welding equipment, sporting equipment, party supplies, and other similar tools and accessories are serviced, repaired or offered or kept for sale, rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this By-law. Self-Storage Establishment shall mean a building or buildings consisting of individual storage units accessible by the user, used for the storage of goods, wares, merchandise, foodstuffs, substances, articles or things and, may include a gate house or dwelling for security purposes as accessory to the storage units but does not include a warehouse and shall not include any other use or activity otherwise defined or classified in this By-law. (b) Notwithstanding the provisions of 23.1(b), and 23.2 (c), no person shall use any land or erect or use any building or structured located in a M1-13 zone for any non-residential purpose unless the provisions of this Section and applicable provisions of the aforesaid By-law 84-63 are satisfied: 636 i) Non-residential Uses a) an assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; b) a building supply and/or home improvement outlet within a wholly enclosed building or structure; c) a business or professional office provided such use is accessory and incidental to a permitted use otherwise specified herein to a maximum of 25% of the gross floor area; d) day nursery; e) a dry cleaning establishment; f) an eating establishment; g) an eating establishment with a drive-through facility; h) a factory outlet; i) a fitness centre; j) a light equipment service establishment; k) a printing or publishing establishment; I) a private club; m) a research and development facility; and n) a warehouse for the storage of goods and materials within a wholly enclosed building or structure. ii) A building supply and/or home improvement outlet within a wholly enclosed building or structure permitted in 23.3.13(b)(i) shall have a maximum floor size of 2000 square metres; iii) Zone Regulations a) Yard Requirements (minimum): i) Abutting South Service Road street line a) Front Yard b) Exterior Side Yard 17 metres 17 metres ii) Abutting street line of other roads a) Front Yard b) Exterior Side Yard 4 metres 4 metres b) Landscaping Strip Width Requirements (minimum): i) Front Yard and Exterior Side Yards: a) abutting South Service Road b), abutting all other roads 10 metres 3 metres ii) Interior Side Yard and Rear Yards 1.5 metres c) The length of the building fayade of the first building constructed along the front lot line of a lot shall be a minimum width representing 40% the total length of the lot frontage. d) Outside storage is permitted provided: i) shall not, exceed an area equivalent to 25% of the building area; ii) shall not exceed a height of 3 metres; and iii) shall be enclosed by walls, fencing, or a landscape screen and is not visible from any residential property or public street. 637 2. Section 23.3. "SPECIAL EXCEPTIONS - LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by adding a new Section 23.3.14 as follows: "23.3.14 LIGHT INDUSTRIAL EXCEPTION (M1-14) ZONE (a) In this Section, the terms mean: Self-Storage Establishment shall mean a building or buildings consisting of individual storage units accessible by the user, used for the storage of goods, wares, merchandise, foodstuffs, substances, articles or things and, may include a gate house or dwelling for security purposes as accessory to the storage units but does not include a warehouse but shall not include any other use or activity otherwise defined or classified in this By-law. (b) Notwithstanding the provisions of 23.1 (b) those lands zoned M 1-14 on the Schedules to this By-law shall only be used for a Self-Storage Establishment. 3. Schedule "1" and "3" to By-Law 84-63, as amended, are hereby further amended by changing the zone designation as follows: From "Environmental Protection (EP)" to "Agricultural (A)" From "Agricultural (A)" to "Environmental Protection (EP)" From "Light Industrial (M1)" to "Environmental Protection (EP)" From "(Holding) General Industrial ((H)M2)" to "Environmental Protection (EP)" From "(Holding) General Industrial ((H)M2)" to "Agricultural (A)" From "Light Industrial (M1)" to "Light Industrial Exception (M1-13)" From "Light Industrial (M1)" to "(Holding) Light Industrial Exception ((H)M1-13)" From "(Holding) Light Industrial ((H)M1)" to "(Holding) Light Industrial Exception ((H)M1-13)" From "Light Industrial (M1)" to "Light Industrial Exception (M1-14)" From "Light Industrial Exception (M1-6)" to "Light Industrial Exception (M1-14)" as shown on the attached Schedule "A" hereto. 4. Schedule "A" attached hereto shall fonn part of this By-Law. 5. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990. 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 638 This is Schedule" A" passed this By-law 2006- , 2006 A.D. to day of , E:m Zoning to Remain"EP" _ Zoning Change From "A" To "EP" I:':,,:,:,~, .t Zoning Change From "EP" To "A" ~ Zoning Change From "M1" To "EP" John Mutton. Mayor Patti L Barrie. Municipal Clerk ~ Zoning Change From "M1" To" M1-13" ~ Zoning Change From "M1" To "(H)M1-13" ~ Zoning Change From "(H)M1" To "(H)M1-13" ~ Zoning Change From "M1" To "M1-14" EZ22J Zoning Change From "M1-6" To "M1-14" El:m Zoning Change From "(H)M2" To "EP" IiliIII Zoning Change From "(H)M2" To "A" j BOWMANVILLE VJ; 39 Cl{1[ingtDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Report #: PSD-075-06 File #: ZBA 2006-0019 By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: WAVERLY ROAD PROPERTIES INC. RECOMMENDA liONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-075-06 be received; 2. THAT the request for removal of Part Lot Control with respect to Blocks 4 and 5 on Plan 40M-2171 be APPROVED and that the attached Part Lot Control By-law be PASSED pursuant to Section 50 (7.1) of the Planning Act; and 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Da . Crome, M.C.I.P.,R.P.P. Director, Planning Services ,--\ ~~Wl.., Reviewed bYW Franklin Wu Chief Administrative Officer RHIDC/df 6 June 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 640 REPORT NO.: PSD-075-06 PAGE 2 1.0 1.1 1.2 1.3 2.0 2.1 2.2 3.0 3.1 3.2 4.0 4.1 APPLICATION DETAILS Applicant: Agent: Location: Waverly Road Properties Inc. D.G. Biddle & Associates Limited Part Lot 14, Concession B.F., Former Town of Bowmanville, Blocks 4 and 5 on Plan 40M-2171. BACKGROUND Plan of subdivision 40M-2171 was registered on October 28, 2003 and consists of 10 commercial development blocks. (See Attachment 1) On June 2, 2006, Staff received a request from Glenn Genge on behalf of Waverly Road Properties Inc. for the removal of Part Lot Control with respect to Blocks 4 and 5 on Registered Plan 40M-2171. The lot line is proposed to be shifted to the west by approximately 10 metres to accommodate potential purchase offers on both properties. Block 4 will be increased in size to 1.21 hectares while Block 5 will be decreased in size to 0.82 hectares. The application will not increase the number of blocks within the plan of subdivision. STAFF COMMENTS The removal of Part Lot Control facilitates a revision of the lot line between Block 4 and Block 5 within this registered plan of subdivision. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the by- law shall apply. Staff recommends that the by-law be in force for a period of three (3) years following Council approval, ending June 26, 2009. Attachment 2 is a Summary Table provided in accordance with the Region of Durham's requirements under the delegation of Part Lot Control. It details blocks affected by the Part Lot Control By-law and the block type and number to the Part Lot Control By-law. RECOMMENDATIONS Staff has no objections to the approval of a by-law exempting the subject lands from Part Lot Control as provided for in the attached by-law (Attachment 1). Attachments: Attachment 1 - By-law for Removal of Part Lot Control Attachment 2 - Unit Type and Number Summary Table List of interested parties to be advised of Council's decision: Glenn Genge, D.G. Biddle & Associates Limited Don Gleed, Waverly Road Properties Inc. Regional Municipality of Durham, Planning Department 641 Attachment 1 To Report PSD-075-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to exempt a certain portion of Registered Plan 40M-2171 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Blocks 4 and 5 on 40M-2171; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Blocks 4 and 5 on 40M-2171. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending on June 26,2009. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 642 Attachment 1 To Report PSD-_-06 ..... ~ u ~ .5 .:; fI) c CD I'CI n; .... E ~~ ,... 1: ~ .... CD 0) m E ~ a. a::I ..... :E 0 0 '0 CD ... Q. 0 Sa:: 0 ~ "lilt I'CI . u- '0 ~ CD ~ e u; 0 IV c 0 c(t: '0 0 0 a:: .. N fI) 0 C I'CI <C -'&:0 IV ~ u "lilt 't: 0 u- ..J m o 0 .= CD ~ N -...I > mt:: u ~ IlJ 0 Q. IV iii e ~ i.: D. CD C ~ 0 .. ~ g I ~ N A31~3^\I'" I a \I 0 ~ U I .. "JUYI~J""l ~ ~ ~> lllYd nl ..... - I , .....-.. -- .. II! !. ""a'i>en co ... .. ... .- :fl l N -j ~ ... '"" '""l!i c ~ 6 \I. ..J j .. .. III l:l ..:~ ~ i .. i III ~ 4: '""i ~ c ~~ a ... llI: 8";1-110> N'111d ,.. 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To Report PSD-075-06 PART LOT CONTROL EXEMPTION BY-LAW BLOCK TYPE AND NUMBER SUMMARY TABLE Registered Plan: 40M-2171 By-law: Result of Part Lot Control Exemption on Block Type and Number Lots/Blocks Affected Block 4 Block 5 Total Commercial Block (1) Commercial Block (1) 2 Blocks No Change No Change No Change 644 Cll)!.4]gtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Report #: PSD-076-06 File #: S-C-2005-001 By-law #: Subject: PROPOSED PLAN OF SUBDIVISION OWNER: SABINA INVESTMENTS INC. AND ANKARA REAL TV LIMITED (THE REMINGTON GROUP INC.) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-076-06 be received; 2. THAT the application for proposed draft Plan of Subdivision S-C-2005-001 submitted by Sernas Associates on behalf of Sabina Investments Inc. and Ankara Realty Limited be APPROVED, subject to the conditions as contained in Attachment 3; 3. THAT the Region of Durham Planning Department be forwarded a copy of this report and Council's decision; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: ~~ v Iin Wu, f Chief Administrative Officer va. Crome, M.C.I.P., R.P.P. Direc or of Planning Services SAlCP/DJC/sh/df/jd 13 June 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 645 REPORT NO.: PSD-076-06 PAGE 2 1.0 APPLICATION DETAILS 1 .1 Agent: Sernas Associates 1.2 Owner: Sabina Investments Inc. and Ankara Realty Limited (The Remington Group) 1.3 Plan of Subdivision: 98 residential unit plan of subdivision comprised of 18 street townhouse units, 1 single detached unit and one (1) block consisting of 79 block townhouse units. 1.4 Site Area: 3.25 ha 2.0 LOCATION 2.1 The subject lands are located at 2 Church Street, Bowmanville, north of the Bowmanville Professional Building and other various commercial businesses fronting on King Street East (Attachment 1). The property is contained within Part Lot 10, Concession 1, in the former Town of Bowmanville. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is vacant and has frontage along Galbraith Court. Some clearing of the subject lands has occurred to accommodate servicing required by the development of the addition to the Bowmanville Professional Building currently under construction. 3.2 Surrounding Uses: North: Lands associated with Vincent Massey Public School and the Bowmanville High School South: Bowmanville Professional Building, various commercial businesses all fronting on King Street East. East: Galbraith Court; medium density residential (on-street townhouses and link dwellings) West: Kingscourt Road townhouses and Vincent Massey Public School 4.0 BACKGROUND 4.1 This application was originally submitted on June 20, 2005. A number of comments were received from the public by letter, e-mail and phone. Their concerns centred largely on the development of the block containing townhouse units. To alleviate public concerns the owners hired a consultant to design the block townhouse units. Although application for site plan approval has not been submitted at this time the conceptual design illustrates how the land will be developed and how it will comply with existing 646 REPORT NO.: P5D-076-06 PAGE 3 zoning. The conceptual site plan and elevation drawings are contained in Attachment 2. Discussion of these changes follows in Section 8.0. 5.0 PROVINCIAL POLICY 5T A TEMENT 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 project needs. 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Reoion Official Plan The lands are designated Living Area in the Durham Region Official Plan. Lands designated Living Area permit the development of residential area with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. 6.2 Clarinoton Official Plan The lands are within the Bowmanville East Main Central Area Secondary Plan of the Clarington Official Plan. The East Business District Land Use schedule of the Secondary Plan designates the lands both High Density and Medium Density Residential. In addition the land use schedule identifies Church Street being extended from St. George Street to Galbraith Court and Simpson Avenue being extended northerly from King Street East to the Church Street extension. 6.3 The medium density policies allow for development with a net density of up to 60 units per net residential hectare with predominant housing form to include townhouses and low-rise apartments. The High Density designation applies to the lands generally north of the Church Street extension. This designation allows a density range of 40 to 100 units per net hectare. Predominant housing forms shall include townhouses, stacked townhouses and apartments up to 6 storeys. Parking for all residential units shall generally be located to the rear of the dwelling and may be accessed from a rear lane. 7.0 ZONING BY-LAW The subject lands are currently zoned "Urban Residential Type Three (R3)". Both the proposed on-street townhouses and block townhouse units are permitted in the R3 zone. The applicant intends to comply with the existing R3 zone provisions. 647 REPORT NO.: PSD-076-06 PAGE 4 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and public meeting notice signs were installed on the property at the Church Street and Galbraith Court frontages. 8.2 A number of inquiries were received prior to the public meeting and after the public meeting. No one spoke at the public meeting regarding this application. The inquiries received were regarding the following issues: · The existing traffic levels on Church Street, especially at the Church and Liberty Streets intersection, will be adversely impacted by the proposed 100 additional units; The increased traffic on Galbraith Court will negatively affect the existing residents; The noise levels will increase from the increase of traffic on Galbraith Court; The intersection of Galbraith Court and King Street East appears to have a high incidence of traffic accidents. The increase in traffic will make this intersection more dangerous; There will be an overabundance of medium density housing being built in the immediate area; There were concerns with respect to future tenancy of the dwellings; There is no inclusion of any parkland associated with the new development; and Galbraith Court is not currently constructed at a wide enough width to handle the increase in through traffic volume. . . . . . . . To address some of these concerns the owner retained a consultant to design the block townhouses located on the north portion of the application. Also, the applicant increased the area of the block, while decreasing the number of street houses. Although the total number of dwelling units remains similar, there will be fewer driveways with direct access to Church Street and no dwellings with direct driveway access to Galbraith Court. Several residents did attend the Planning Services Department front counter and seemed satisfied with the changes the owner had made to the applications and liked the proposed appearance of the townhouse units, although not satisfied with the fact that development was going to occur at all. 9.0 AGENCY COMMENTS 9.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. 9.2 Clarington Emergency Services and Rogers Cable have no objections to this proposal. 9.3 Durham Region Planning Department finds the application to be in conformity with the Regional Official Plan. Conditions of draft approval were provided to both Clarington 648 REPORT NO.: P5D-076-06 PAGE 5 and the applicant and will need to be complied with prior to clearance by the Region for registration of this plan. 9.4 The Peterborough, Victoria, Northumberland and Clarington Catholic District School Board requests that adequate provision be made for sidewalks in this development. The Board has no other comments or concerns at this time. 9.5 Enbridge, Bell, and Veridian offered no objections to the proposal. Each agency provided standard conditions to be included in the Conditions of Draft approval. 9.6 Central Lake Ontario Conservation has no objection to the application and has provided conditions of draft approval for the proposed plan of subdivision. 9.7 Clarington Engineering Services has reviewed the application and finds the On-Street Parking Plan to be satisfactory. Earlier comments from Engineering Services indicated that draft approval would not be recommended until a second access was available to the development; either Church Street extended westerly through to St. George Street or Simpson Avenue extended northerly to Church Street. The Municipality of Clarington has now purchased the dwelling at 1 St. George Street which will allow for the extension of Church Street eastward from St. George Street. However development cannot proceed until the Municipality has approved the expenditure of funds for the construction of the Church Street extension and the reconstruction of the Church StreetlSt. George Street intersection. There is a significant Copper Beech tree currently shown in the Church Street road allowance. Every effort shall be made by the applicant to preserve this tree and this is a condition of draft of approval. 10.0 5T AFF COMMENTS 10.1 The application is for an infill development of 98 townhouse units surrounded by existing institutional uses (Bowmanville High School, Vincent Massey Public School), existing residential uses (Kingscourt Road and Galbraith Court) and existing retail and office commercial uses on King Street East. The lands shown as "Other land Owned By Applicant" are part of a recent site plan approval for a significant expansion to the Bowmanville Professional Building. The owners of the Professional Building have entered into an agreement with respect to the acquisition of these lands for additional required parking. 10.2 The proposal provides an alignment for part of both the Church Street extension to Galbraith Court and the Simpson Avenue extension north of King Street East. As noted with the initial application and report in September 2005, the subdivision cannot proceed until such time as there are two (2) access points. The Municipality of Clarington has purchased 1 St. George Street which was located in the proposed road allowance of the Church Street extension. The applicant has revised their drawings to eliminate the 649 REPORT NO.: PSD-076-06 PAGE 6 temporary turning circle just west of the intersection of Church and St. George Streets to show the connection of Church Street from in front of the Vincent Massey Public School property to Galbraith Court. Construction of this portion of the road through 1 St. George Street and upgrades to the Church I St. George intersection are subject to the municipal approval of the expenditure of funds for these works. 10.3 The subject lands have historically had approval for medium density development based on a private road network and one access to King Street East. Approvals for townhouse development of these lands dates back to 1975. Development of these lands including transportation related issues was recently reviewed by the Municipality as part of the King Street East Corridor Study (2003), which recommended the Church Street and Simpson Avenue extensions and designated the lands for both medium and high density development. 10.4 Block 2 - Block Townhouses The proposed block townhouses, located on the northern portion of the site, will require site plan approval prior to development. A concept plan for the block townhouses was submitted by the applicant to the Municipality for review. This concept plan illustrated proposed architectural style, showed the proposed private internal road layout, private amenity areas for each unit and a common amenity area. The concept plan was generally considered adequate by staff and with some changes, the applicant will submit a formal site plan application at a later date. Detailed staff comments will be given at that time. 10.5 The site plan will examine in detail access to the block, parking, building layout, building design, landscaping, private and common amenity areas, lighting, waste disposal etc. The applicant has illustrated 79 townhouse units at this time, but the layout of the private roads and lotting pattern on the block will not be part of the subdivision draft approval. 10.6 Policies for Medium and Hiqh Density Residential Development The Clarington Official Plan has several policies for the development of medium and high density residential uses. . That "townhouses sited on blocks shall generally not exceed 50 units". The applicant has indicated on their most recent submission, 79 block townhouse units contained on one block. Staff has reviewed this request and find that the impact on the surrounding neighbourhood is lessened by the inclusion of more units inside the block as the number of driveways with direct access to both Galbraith Court and Church Street is reduced. Driveways are accessed from private internal roads and traffic from the block is directed to two access points, one on Galbraith Court and one on Church Street. . The impact of traffic on local streets is minimized. The second access to the development is now a possibility as the dwelling at 1 St. George Street has been purchased by the Municipality for the purpose of extending Church Street. Initially Engineering Staff had stated that the proposal could not go forward until a second access was an option. The second access will reduce the amount of traffic required to use Galbraith Court for access. The townhouse block itself will have two access points and staff are satisfied with the road design. 650 REPORT NO.: PSD-076-06 PAGE 7 . Amenity areas are required to be provided. The most recent design submission for the townhouse block indicates a private amenity area for each townhouse unit, generally in keeping with minimum lot areas for street townhouses. In addition, there is also a common amenity area located centrally in the block with direct frontage on an internal private road. . Street townhouses shall not be sited on opposite sides of the street unless adequate on-street parking can be provided to the satisfaction of the Municipality. Although the townhouse units are proposed on both sides of Church Street and Galbraith Court, the block townhouses' driveways will only be accessible by the internal private roads within the block. This permits more on-street parking on Church Street and Galbraith Court and improves traffic flow. Engineering is satisfied with the on-street parking plan provided by the applicant. . The site shall be suitable in terms of size and shape to accommodate the proposed density and building forms. The site is irregular in shape due to existing development abutting the property. Engineering review has indicated that King Street East needs an alternative route to alleviate potential travel congestion, and the extension of Church Street will facilitate this. Thus the Municipality amended its official Plan in 2004 to indicate the extension of Church Street to Galbraith Court. Staff is satisfied with both the configuration and location of the on-street townhouse blocks as well as the block townhouse development area. 10.7 Planning studies have generally shown that it is good planning to locate higher densities abutting commercial development, as it helps maintain a vibrant commercial neighbourhood and utilizes transit (which uses King Street East as its route). The medium and high density uses are a transition area between the intense built-up commercial areas to the lower density developments further north, west and east. 10.8 This proposed development provides this transition area, as well as providing a market for the commercial developments. The relationship between the proposed residential development and the existing residential uses was a concern to the residents. The applicant has provided concept plans showing that although the driveways to the block townhouse unit will be from internal private roads, the "rear" wall of these units, facing Church Street or Galbraith Court, will appear as "front" walls with good architectural styling and entranceways, encouraging pedestrian traffic to use these accesses. 10.9 Lot 1 was originally designed as an Open Space block, Block 9. Based on staff comments, the applicant has adjusted the proposed lot lines of the northerly abutting Block 3, and created a lot for one single detached dwelling. The applicant submitted a house siting plan indicating how it will meet the current zoning regulations. Lot 1 will have a significant amount of road frontage, approximately 70 metres, along Simpson Avenue. To ensure a future owner does not erect fencing along this entire road frontage, staff have recommended, as a condition of approval, that the developer be required to install fencing, within one (1) year of occupancy of the dwelling on Lot 1, as will be detailed on the subdivision landscape plan. The fence detail for Lot 1 will permit a maximum of 12 metres of fencing along the Simpson Avenue road allowance and requires two (2) coniferous trees be planted in the remaining area of Lot 1. This will 651 REPORT NO.: PSD-076-06 PAGE 8 permit future owners of Lot 1 privacy for use and enjoyment of the lot, but also afford the Municipality and other residents an attractive streetscape. 10.10 The applicant has reviewed the conditions of draft approval as attached and concurs with them. 11.0 CONCLUSIONS 11.1 In consideration of comments received from circulated agencies and review of the proposal, staff recommends APPROVAL of the Draft Plan of Subdivision subject to all the Conditions of Draft Approval. Attachments: Attachment 1 - Key Map Attachment 2 - Conceptual Site Plan and Elevations Attachment 3 - Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: Sernas Associates Sabina Investments Inc. and Ankara Realty Limited Kim Macdonald Sheila Roman Kim Broome Dillon Sawyer Glenn Martin Donna Collins Rob Perkin Dorothy & George Brooks Margaret Pugsley 652 Attachment 1 To Report #PSD-076-06 ~ I" . ~ a F~ ~ U) I H +- , I /1 /~I , i I , ! ; / ! \ !, i ! "'//// ! / i i ""'-----! I ~ ~ i I iT- i I I i i i I ! I I I I I i , ! , ;; ''''I : I ~ Il I: N2575~ Li Li INST.I 10: I: 1\ :0'1 1:0' 11 9 ~tuhl: POSSibl~ - - - I I Future ~oad ExtenSion I I I I ~ ?nl~n L _~ :~ N74'2S',JO"E STREET EAST N74'26',JO"E I- ~ g: CI) Lu () It o Lu () ~ CI) INST. No J KING s-c 2005-001 Auacnmem L- To Report PSD-076-06 I" ! 2, !li II III! I ! !hll~ I !"I ! PI 11'11 lUi ~n '!;h!~ ~~ ;~, ;i I J~L-i;!ih!! 1 ill! !11~aIAh!;sml:!;; i 1:~'III~hlll illl:;!! !lnllmhli!limmiil~!lhldilh~h: ,; n'~IH ::,..~ ~ SO',ol~"mm~:! I ~oilI~i' i! ! 1lI*",i81~11 ~ : I I CI M.n ~lIIl11l11k ~*!~ II ~ wI , " j! ,Iii "- ! Ii Ii .1 ....,1 ~ i!I'i;I'~''''-'-~' -cf'S: ~ ~: :[,1 ~ J - "" ... u, .lllli 'li j! : ~ ~ ...: QIa 1\"1 ~ ~. ~ I ~ ~ I f:1ii: ~ ~~I t i ~ ! o . II 1111l' ; i ~ v~ ~_'. tic \l~c =' (J jl! .sl ~ ~ _ fii! B :>.5 I I t .illll.1 I! I I Ju. -. ~ i ~ " s HlnaJ H11\;l~8l\;l8 I x s ~ ~ - ::> ~ ~ ......:l < - \E- - ~~ o ~ lfJ. ~~ ~t: <......:l z< - 0.... ::E- _u ......:l-~ ~Z-::l ~~Z 0.... ::E 0 654 .11." .,Il." - i; 1:: 1 I I I I I I. I I i ~ i: 1:; 1 I I I I i I I ; I. I HI H ~ .1 I Ii is - ~~ I! i : i J '! ...1 ......_,...... ...------..- ]@!I Hi"li ~ ""- ~ Hdjlli ~ I h ~ - "" :;: ..d Id:~1 ~ m4~~! ~.~ ~ ! ~ I hId: ~ 2 -- L.\ ,~ ,.d Ill'" ~ U ~ ~ ~ - C.l tf I 1"1 ~ - - ~ C 0 :> .5iJl riiU ~}l 11 J }U4 i: 1~ 1 I I I I I I I '" os '" L.{) 00 0 ..... ....... ....... <> 0 <:i "'" Z ~0 0 - ~z z 0 '" - - :z: --1 ~ 0 0 0 - ~ --1 --1 :::> - - en :::> :::> en en 655 Attachment 3 To Report PSD-076-06 CONDITIONS OF DRAFT APPROVAL Draft Plan of Subdivision S-C-2005-001 Part Lot 10, Concession 1, Former Town of Bowmanville Dated June 9, 2006 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2005-001 prepared by Sernas Associates identified as project number 03069, dated Revised April 2006 and as further red-line revised, which illustrates 1 single detached dwelling, 18 street townhouse units, 1 block for 79 block townhouse units and various roads, site triangles and reserves. FINAL PLAN REQUIREMENTS 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan free and clear of all encumbrances. 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 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. 5. The Owner shall retain a qualified consultant to prepare and submit a detailed Tree Preservation Plan to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time as this program has been approved except as authorized by the Municipality. The Plan shall specifically provide measures to protect the Copper Beach tree located on the edge of the Church Street road allowance. 6. 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 SUBDIVISION AGREEMENT 7. 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. 656 8. The Owner shall convey a 2,0 metre road widening across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Galbraith Court. 9. The Owner shall construct a temporary turning circle at the south end of Simpson Avenue. The turning circle shall be located in such a fashion as to facilitate snow storage on the south side and east side of the turning circle. Any lots or block situated adjacent to this temporary turning circle will remain frozen until such time that Simpson Avenue is extended and constructed to a finished urban roadway, including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lights for the entire frontage width abutting any "frozen" lots or blocks. 10. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 11. The Owner shall enter into a Development Agreement with the Municipality of Clarington regarding the reimbursement of front-ending agreements entered into between the Municipality and: 1. Schickedanz Bros. (Upper and Lower Front Ending Agreement); and 2. Schickedanz Bros. (Lower Front Ending Agreement). This Development agreement will contain appropriate clauses regarding the timing and amount of the required front-end payments. Payments shall be determined in accordance with the provisions of the Development Charges legislation, to the satisfaction of the Municipality of Clarington. 12. The Owner shall convey to the Municipality of Clarington cash-in-lieu of land for park or other public recreational purposes in accordance with the provisions of the Planning Act. 13. 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 prior to Final Approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 14. The Owner agrees to fulfill the requirements of the Master Drainage Study as they apply to this site to the satisfaction of the Municipality of Clarington and Central Lake Ontario Conservation Authority. 15. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 16. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground for both primary and secondary services. 17. That the Owner shall reroute the existing 44,000 volt hydro line to follow the Church Street and Simpson Avenue road allowances with Veridian's approval. Subject to Veridian requiring the high voltage line to remain in place, the Owner shall grant an easement to Veridian, to ensure that existing Veridian facilities are adequately protected. 657 18, The Owner agrees to insert a disclosure in all purchase and sale agreements advising home buyers of the municipal parking regulations, to the satisfaction of the Municipality of Clarington. 19. The Owner agrees to insert a disclosure in the Purchase and Sale Agreement for Lot 1, advising home buyers of a restriction for the maximum amount of fencing permitted along the Simpson Avenue frontage of Lot 1. The disclosure shali read: i) Purchasers are advised that the maximum amount of fencing permitted along the Simpson Avenue road frontage of Lot 1 is 12 metres. 20. The Owner agrees to construct fencing in accordance with the Landscape Plan to be approved by the Municipality of Clarington for this Plan of Subdivision for Lot 1. 21. The Owner shall assume all the costs for provision, installation and location of community mailboxes to service this development, in a manner satisfactory to the Director of Engineering Services. 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. No building permit shall be issued for the construction of any building on any residential Lot or Block on said plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 24. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the costs for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 25. No residential units shall be offered for sale to the public on said plan until such time as the exterior architectural design of each building has been approved by the Director of Planning Services. 26. 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. 27. 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. 28. 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. 658 29. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from tht: site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. (The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Master Plan); b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; and d) on-site groundwater conditions and contributions to the base flow of the Soper Creek tributary, and necessary measures to maintain these contributions. 30. The Owner shall obtain all necessary permits from the Central Lake Ontario Conservation Authority under Ontario Regulation 158, prior to the registration of the plan. 31. The Owner shall submit to Municipality of Clarington, a copy of the permit, issued by the Central Lake Ontario Conservation Authority regarding proposed alterations to the watercourse (new spillway, culverts, etc.) for consideration under the Lakes and Rivers Improvement Act. 32. 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. 33. The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. 34. The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of anyon-site works. 35. The Owner agrees to maintain all stormwater management and erosion ,and sedimentation control structures operating in good repair during the construction period, in a manner satisfactory to the Municipality of Clarington and the Central Lake Ontario Conservation Authority. 36. 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. 659 37. Prior to final approval, the proponent shall engage a qualified professional to carry out to the satisfaction of the Ministry of Culture, 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, soil disturbances or other impacts to any significant archaeological resources shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. 38, The Owner shall submit to the Regional Municipality of Durham, for review and approval, a noise report prepared by an acoustic engineer based on projected traffic volumes provided by the Durham Region Planning Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. This report shall also include recommendations for noise attenuation resulting from investigation of point source noise from surrounding land uses. The agreement shall contain a full and complete reference to the noise report (Le. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 39. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendations of the above-mentioned noise report which specifies noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (Le. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. 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 development. 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 development external to this subdivision. Such sanitary sewer and water supply facilities are to be designated and constructed according to the standards and requirements of the Region of Durham. All arrangements, financial and otherwise for said extensions are to be made to the satisfaction of the Region of Durham, and are to completed prior to final approval of this plan. 41. Any existing sanitary or water services within the plan which are proposed to be relocated shall be maintained in full service until such time as the new services have been completed and approved by the Region and all costs incurred in relocation or abandonment of these services shall be borne by the Owner. 42. 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. 43. 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 660 agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. 44. That the Owner supply on disk, in a CAD format acceptable to the Municipality, a copy of the proposed Plan of Subdivision as Draft Approved and a copy of the Final M Plan. 45. Draft approval of this plan of subdivision may be withdrawn and servicing capacity reassigned to other areas within the Municipality of Clarington in the event that this plan of subdivision is not registered within three years of draft approval. 46. The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. 47. The Owner agrees to strictly adhere to the site servicing plan as submitted by Sernas Associates, in support of Draft Plan of Subdivision S-C-2005-001. 48. 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 6,28,37,38,39,40,41,42 have been satisfied; and b) Central Lake Ontario Conservation Authority, how Conditions 14, 28, 29, 31, 32, 33, and 34 have been satisfied. 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. 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 may be 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) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3 (905) 579-0411. 661 b) Region of Durham Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L 1 N 6A3 (905) 668-7711. 662 I J I I i \ '....'! /", , I I. I I I \ / II <. 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It' ! ~: :663 CI@lJgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Report #: PSD-077-06 File #: PLN 33.4 By-law #: Subject: PORT GRANBY PROJECT - MUNICIPAL CONSENT TO THE SUBMISSION OF A PREFERRED OPTION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-077 -06 be received; 2. THAT the following resolution be approved: WHEREAS on September 27, 2004, Council resolved to concur with the recommendation of the Low Level Radioactive Waste Management Office that Concept II (relocation of the Port Granby waste to an engineered storage mound north of Lakeshore Road) should proceed through the Environmental Assessment process as the Qualified Concept for the Port Granby Project; AND WHEREAS the Environmental Assessment Study Report for the Port Granby Project prepared by the Low Level Radioactive Waste Management Office dated March 2006 ("EASR"), has concluded that the Qualified Concept for the Port Granby Project will not create any significant adverse effects on the natural, socio-economic and human health environments, and that it should be submitted to the federal decision makers as the Preferred Option for the Port Granby Project; AND WHEREAS the Municipality's Peer Review Team has advised Council that the EASR provides a sufficiently comprehensive assessment of the environmental effects of the Qualified Concept for the Port Granby Project, that the measures proposed to mitigate the adverse effects of the Project on area residents are appropriate, that the Team generally agrees with the EASR's conclusions, and that the EASR is suitable for submission to the relevant authorities for further review; AND WHEREAS Council is confident that the relevant authorities, in their review of the EASR and associated documentation, including the design of the Long Term Waste Management Facility, will ensure that the health and safety of area residents and the natural environment will be protected through all phases of the Port Granby Project; AND WHEREAS Council continues to be opposed to the acceptance or storage of any waste, other than the waste associated with the existing Port Granby Waste Management Facility, at the new Long Term Waste Management Facility or on any of the lands to be acquired by the Government of Canada as part of the Port Granby Project; and 664 REPORT NO.: PSD-077-06 PAGE 2 AND WHEREAS the Legal Agreement between the Municipality of Clarington, the Municipality of Port Hope and Her Majesty the Queen in Right of Canada represented by the Minister of Natural Resources dated March 29,2001, as amended, states that a preferred option will not be submitted to decision makers without the written consent of the Municip~lities to that option; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON resolves.to give its consent to the Low Level Radioactive Waste Management Office to submit to Federal decision makers, the Preferred Option for the Port Granby Project as described in Staff Report PSD-077 -2006; 3. THAT the Government of Canada and the Low Level Radioactive Waste Management Office be requested to continue to consult with the Municipality and area residents on the Environmental Assessment of the Project; 4. THAT a copy of Council's decision and Staff Report PSD-077-06 be forwarded in its entirety to the Low-Level Radioactive Waste Management Office, Natural Resources Canada, and the Regional Municipality of Durham; and 5. THAT a copy of Council's decision be forwarded to all interested parties indicated in this report. . Crome, M.C.I.P.,R.P.P. r, Planning Services Reviewed bJ ~ ----.J~ Franklin Wu Chief Administrative Officer JAS*FL *DJC*df 5 June 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905) 623-0830 665 REPORT NO.: PSD-077-06 PAGE 3 1.0 PURPOSE OF REPORT 1.1 The Legal Agreement that forms the basis of the Port Hope Area Initiative defines the various obligations of the Municipalities of Clarington and Port Hope and the Government of Canada. In particular, the Agreement defines a number of key decision points for the municipalities in relation to the Project. 1.2 The selection of a Qualified Concept for the Project was the first key decision made by Council. On September 27.2004, Council agreed with the recommendation of the Low Level Radioactive Waste Management Office (LLRWMO) that a concept involving the relocation of the Port Granby waste to an engineered storage mound north of Lakeshore Road should proceed through the Environmental Assessment (EA) process as the Qualified Concept for the Port Granby Project. 1.3 Council is currently at a second key municipal decision point, that being providing municipal consent to the submission of a Preferred Option for the Port Granby Project to federal decision makers. In order to provide this consent, Council must be satisfied with the results of the detailed effects assessment undertaken with respect to the Qualified Concept. The results of this assessment, as well as all of the other studies undertaken to date through the Port Granby Project, are summarized in the Environmental Assessment Study Report (EA Study Report). . . 1.4 The first purpose of this report is to advise Committee and Council on the results of the Municipal Peer Review Team's and staffs review of the EA Study Report for the Port Granby Project. The second purpose is to recommend to Council that the Municipality provide its consent to the LLRWMO to submit to federal decision makers. the Project as described in this Staff Report as the Preferred Option for the Port Granby Project. 2.0 BACKGROUND 2.1 In February 2005, the LLRWMO submitted the first draft EA Study Report to the Municipality. Staff and the Peer Review Team advised Council that the EA Study Report provided a sufficiently comprehensive assessment of the environmental effects of the Port Granby Project. Nevertheless, both staff and the Peer Review Team recommended that the design of the Long Term Waste Management Facility should be revised to include a double base liner. Accordingly, on April 6, 2005, Council adopted a resolution to request the LLRWMO to investigate the effects of installing a double composite base liner at the new Long Term Waste Management Facility, to revise the EA Study Report accordingly, and to submit the revised EA Study Report to Council for review when completed. 2.2 On January 23, 2006, the LLRWMO advised Committee that its investigation into installing a double base liner at the Long Term Waste Management Facility had revealed no appreciable improvement in ,the mound's performance. Instead, the LLRWMO recommended that the mound cover be enhanced through the incorporation of a capillary barrier system to further minimize the potential for precipitation to contact the waste and generate leachate. The Peer Review Team and staff, through Report PSD-007 -06, indicated their support for the LLRWMO's recommendation. In particular, it was noted that the capillary barrier system represented a more significant 666 REPORT NO.: PSD-077-06 PAGE 4 improvement to the mound's performance than a double base liner and that, in contrast to the double base liner option, no additional construction materials would need to be trucked to the site. The revised EA Study Report reflecting the enhanced mound cover was submitted to Council for review on April 3, 2006. 2.3 On April 24, 2006, GPA considered Staff Report PSD-047-06 which provided further discussion on the revised facility design. At that meeting, Committee directed Staff to address the following issues in the staff report dealing with Council's consent to the submission of the Preferred Option: · How the review of the double liner will be handled through the environmental assessment and through the licensing process by the Canadian Nuclear Safety Commission; · The details of the socio-economic strategies recommended to alleviate some of the adverse effects of the project, and that these strategies be presented to SECRA prior to the report being considered by Committee in June 2006. 3.0 DESCRIPTION OF THE PREFERRED OPTION IN THE EA STUDY REPORT 3.1 The EA Study Report is a summary of all the various studies related to the Port Granby Project that have been undertaken by the LLRWMO for the EA process. The Project itself is a very complex undertaking, consisting of many specific elements, including the design and construction of the Long Term Waste Management Facility and the socio- economic impact mitigation strategy. The precise details of the various elements of the Project will be further refined over the next year as the result of the review by the relevant authorities, on-going engineering work by the LLRWMO, and discussions with the Peer Review Team and area residents. 3.2 A summary of the key elements of the Port Granby Project is provided below, with a more complete description being provided in Attachment 2. 3.3 Construction-Related Elements 3.3.1 The Port Granby Project involves the relocation by truck of approximately 432,000 m3 of low level radioactive waste and marginally contaminated soils located at the existing waste management facility to a new Long Term Waste Management Facility located approximately 430 m north of Lakeshore Road in Lot 4, B.F.C, former Township of Clarke. The new facility would consist of an engineered storage mound with a low permeability cover and liner system, would occupy approximately 10 ha when completed, and would be approximately 8 m in height. Material for the construction of the new facility would be trucked in on Newtonville Road, Concession Road 1, and Elliott Road to the entrance of the Long Term Waste Management Facility. The low level radioactive waste and marginally contaminated soils will be moved by covered trucks from the existing waste management facility to the new facility via an underpass that will be constructed under Lakeshore Road. 3.3.2 The base liner system for the Long Term Waste Management Facility will consist of a compacted clay layer, a single high density polyethylene geomembrane, and a sand 667 REPORT NO.: PSD-077-06 PAGE 5 layer for leachate collection and drainage. The geomembrane was selected to be compatible with the leachate generated by the waste, and its primary function is to restrict leachate movement into the surrounding soil during the period of waste placement until the final cover is completed. The compacted clay liner would serve as a backup in case the geomembrane is defective. 3.3.3 The low permeability composite cover system will consist of layers of natural and synthetic materials designed to minimize infiltration of precipitation to the waste. The mound cover will include a high density polyethylene geomembrane, a geosynthetic clay liner, and a capillary barrier system. Sensors will be installed in the mound cover to monitor its performance. 3.4 Socio-Economic Impact Mitiqation Strateqy 3.4.1 The EA Study Report identifies a number of residual adverse effects on the local community resulting from the Port Granby Project. These include disruption to farm operations, a 2% to 8% reduction in residential property values during the construction period, disruption to some road users, changes in the use and enjoyment of property; and increased stress and decreased feelings of personal security and well-being. 3.4.2 The EA Study Report proposes a mitigation strategy to address the socio-economic effects of the Project. A set of principles has been developed to provide the foundation of the proposed mitigation strategy and to guide the use of the various measures that could be used to mitigate the adverse socio-economic effects of the Project. Some of the principles listed include the following: · Those potentially affected have a legitimate role to play in decision making; those directly affected will have the opportunity to contribute to designing and delivering socio-economic mitigation measures and on-going problem solving; · Safety of the environment and human health are paramount in all decision making; · Mitigation measures within pre-defined areas would be developed to offset effects on the use or enjoyment of property and/or quality of life; and · The proponent shall take reasonable actions to ensure that those impacted by the Project are not economically disadvantaged by the Project. 3.4.3 The EA Study Report also provides an overview of potential measures to mitigate the adverse effects of the Project on area residents. These include: · Minimizing the visibility of on-site activities at the facility by landscaping on site; · Schedule off-site trucking activities to avoid school group pick-up/drop-off times and to minimize disruptions to the community; · Implement initiatives to avoid, reduce, or redress real and perceived adverse socio- economic effects; 668 REPORT NO.: PSD-077 -06 PAGE 6 · For those properties closest to the Facility, develop management plans for noise, dust, odour and traffic; · Inform residents about the results of monitoring for noise and dust. Property Value Protection Program 3.4.4 The Property Value Protection (PVP) Program is a key component of the socio- economic mitigation strategy for the Port Granby Project. This program was established through the Legal Agreement and is intended to compensate property owners within the defined Program area for financial loss experienced on the sale of their property, loss of rental income, or mortgage renewal difficulties as the result of the Port Granby Project. Compensation is provided on the basis of unaffected fair market value for a property as determined by an independent appraiser, generally at the time of sale. Property owners can appeal a compensation award before an independent appeals officer, whose decisions are binding on the LLRWMO. Residents can also receive assistance from the Program in determining the market value of their property prior to listing it for sale. 3.4.5 The intent of the PVP Program is to provide property owners with the means to receive fair compensation for financial loss in a quick and non-adversarial manner at no cost to the owner. Most claims will be handled within two to three weeks of being received. However, the Program does not provide compensation for any financial losses related to the existing Port Granby waste management facility, nor does it provide financial compensation to area residents for impacts to their quality of life that may result from the Project. These latter impacts are intended to be addressed through other aspects of the socio-economic impact mitigation strategy. Two Tier Complaints Resolution Process 3.4.6 The LLRWMO feels that off-site impacts related to the Project can be avoided and will consider implementing specific mitigation measures should there be complaints from the community. The existing complaints resolution process established through the Legal Agreement will be modified to establish a two-tier complaints resolution procedure. Through the "tier one" process, the LLRWMO will work with community organizations to resolve complaints received from community members and to determine the need for and the nature of additional socio-economic mitigation measures. This first tier is intended to be accessible, user-friendly and as non- bureaucratic as possible. 3.4.7 The second tier would come into effect when a person unable to get a satisfactory resolution to an issue or concern through the first tier submits a formal complaint to the LLRWMO. The "tier two" process would be a more formal attempt to resolve complaints or disputes. The LLRWMO will investigate and respond to all complaints within 30 days. In situations where the complaint is still not resolved, it will be referred to a panel composed of one to five members nominated by the signatories to the Legal Agreement. 3.4.8 Some of the proposed mitigation measures will require the participation of and/or approval by community stakeholders including the Municipality. Examples of such 669 REPORT NO.: PSD-077-06 PAGE 7 measures include off-site tree planting program and limiting speed limits on Lakeshore Road. 4.0 KEY CONCLUSIONS OF PEER REVIEW OF EA STUDY REPORT 4.1 Overall Conclusion 4.1.1 The revised EA Study Report is substantially the same as the document that was reviewed by the Peer Review Team in the spring of 2005. The only major revisions relate to the effects expected from the inclusion of the capillary barrier system into the cover of the Long Term Waste Management Facility, and the construction of the grade separation under Lakeshore Road. As well, some revisions have been made to reflect comments from the federal review of the EA Study Report for the Port Hope Project, which was submitted in April 2005. 4.1.2 The Peer Review Team has prepared an addendum to their original March 2005 report on the EA Study Report for the Project (see Attachment 3). This report concludes that the revised EA Study Report addresses the Peer Review Team's concerns with the original EA Study Report. In particular, the enhanced facility design utilizing an enhanced cap in lieu of a double base liner and the proposed Lakeshore Road underpass meet the team's expectations. The revised EA Study Report also provides additional detail regarding socio-economic mitigation measures. 4.1.3 As well, the Peer Review Team continues to believe that the Preferred Option can be constructed, operated and maintained in a manner that results in minimal adverse effects on the environment and area residents, and that mitigation measures can be developed to effectively minimize these effects. The team has also indicated that they will continue discussions with the LLRWMO over the next year as many of the details of the Project are finalized through the detailed design stage and the federal review. 4.1.4 The Peer Review Team has concluded that the revised EA Study Report provides a sufficiently comprehensive assessment of the environmental effects of the Port Granby Project. The team is recommending that Council provide its consent to submit the EA Study Report to the regulatory authorities for the federal/provincial regulatory review, and that the Municipality continue to have an oversight role to ensure that the additional work requested by the Peer Review Team is undertaken. Key extracts from the Peer Review Team's review are presented below. 4.2 Enhanced Facility DesiQn 4.2.1 As noted earlier, the Peer Review Team recommended to Council in March 2005 that the Long Term Waste Management Facility should include a double base liner to improve the safety performance of the mound and to increase public confidence in the facility. The LLRWMO has instead recommended that the design of the Long Term Waste Management Facility should be enhanced through the incorporation of a capillary barrier system into the mound cover. 4.2.2 The Peer Review Team presented its conclusions on the revised facility design at the January 23, 2006 and April 24, 2006 Committee meetings. The Peer Review Team 670 REPORT NO.: PSD-077-06 PAGE 8 indicated that the enhanced facility design meets their expectations with regard to environmental performance. By effectively reducing the amount of moisture contacting the waste to negligible levels, even in the case of the degradation of the geomembrane component of the cover system, there will be less reliance on the liner system to manage the leachate and protect against soil and groundwater contamination. 4.2.3 The Peer Review Team has also indicated that they are satisfied that the enhanced cover design improves the overall performance of the Long Term Waste Management Facility and provides Clarington residents and Council with a state-of-the-art facility and an increased level of confidence. In particular, the enhanced design meets the key objectives the Peer Review Team originally sought by recommending a double liner in the original facility design - i.e. protecting the underlying till, preventing potential leachate contamination of groundwater, and providing redundancy in the facility design. As such, it is the opinion of the MPRT that, with the inclusion of the capillary barrier system in the mound cover, a double base liner system is no longer necessary. 4.3 Mitioation of Socio-Economic Effects 4.3.1 The Peer Review Team has concluded that, with the implementation of the proposed mitigation measures in the revised EA Study Report, the quality of life of Port Granby residents will be maintained during both the construction phase and the operational phase. The Peer Review Team has also made specific recommendations to further enhance the mitigation strategy. These include a minor modification to the PVP Program to better reflect the unique nature of real estate in rural areas as opposed to urban areas (i.e. Port Hope). 4.4 Outstandino Peer Review Team Issues 4.4.1 The Peer Review Team and the LLRWMO are working towards resolving a number of outstanding issues. Although not yet completely resolved, it is the Peer Review Team's opinion that these concerns are not critical to the submission of the EA Study Report since they represent refinements to the level of understanding already reported in the EA Study Report and can be addressed during the detailed design stage. Residual Contamination at the Existing Waste Management Facility 4.4.2 The Peer Review Team has concerns about the residual contamination in groundwater that will exit the waste management facility via the bluffs and the West Gorge. This groundwater will not be collected by the leachate collection system, which will only collect groundwater exiting at the East Gorge. The Peer Review Team is seeking specific information regarding the actual groundwater quality near the bluff face and as it exits the bluff face in the seepage zone, and has suggested that this work be done before the licensing phase. 4.4.3 There may be some exposure of contaminants left in place after the clean-up due to the erosion of the bluffs. The Peer Review Team has noted that, although there would be minimal opportunity for exposure to these soils, an analysis should be undertaken to confirm that there would be no health risk to individuals walking along the bluffs. This analysis could occur before the remedial work is undertaken since the results of such an analysis could influence measures for the long term monitoring of the bluffs. 671 REPORT NO.: PSD-077-06 PAGE 9 Mass Loading of Treated Effluent into Lake Ontario 4.4.4 Treated leachate will discharge into Lake Ontario from the leachate collection systems at the new Long Term Waste Management Facility and the East Gorge during the five year construction period and the early maintenance and monitoring periods. The EA Study Report shows that the concentrations of arsenic and other contaminants within the effluent will not result in a measurable change in human health risks. Nonetheless, the Peer Review Team has suggested that the LLRWMO review state-of-the-art treatment technologies and optimize leachate treatment to reduce the contaminant mass loadings discharged to the lake. Impacts to Port Granby Creek from the New Long Term Waste Management Facility 4.4.5 The Peer Review Team agrees that the construction of the Long Term Waste Management Facility will not have a negative impact on Port Granby Creek or on coldwater fisheries. However, they have requested the LLRWMO to conduct more detailed monitoring of the current and future condition of the creek in order to substantiate the conclusions of the EA Study Report. Institutional Control 4.4.6 The Peer Review Team has suggested that information regarding the institutional controls required for each stage of the Project should be prepared during the licensing of the Long Term Waste Management Facility. 5.0 STAFF COMMENTS 5.1 Staff has been involved with the Peer Review Team in many of the discussions with the LLRWMO regarding the EA Study Report and the many studies that have been undertaken through the environmental assessment of the Port Granby Project. As a result, Staff agree with the Peer Review Team's conclusion that the EA Study Report generally provides a comprehensive and accurate analysis of the effects of the Port Granby Project as currently proposed by the LLRWMO. 5.2 Staff has also reviewed the strategy that the LLRWMO has proposed for mitigating the socio-economic effects of the Port Granby Project on area residents. Many of the specific details related to the proposed mitigation measures have yet to be defined; however, the strategy establishes a solid framework for addressing and mitigating residents' concerns regarding the impact of the Project. 5.3 As directed by Council, the proposed socio-economic mitigation strategy has been presented to area residents. The LLRWMO has mailed out extracts from the EA Study Report to all area residents, and specific elements of the strategy have been discussed with area residents at the Port Granby Discussion Group meetings and with the SECRA executive. 672 REPORT NO.: PSD-077 -06 PAGE 10 6.0 RESPONSE TO ISSUES IDENTIFIED BY RESIDENTS 6.1 Area residents have identified a great number of concerns with the potential impact of the Port Granby Project. Many of these concerns relate to th~ potential impact on property values and their quality of life. Given the complexity and duration of the Project, it is not possible to address all of these issues in detail at this time. However, it is important to recognize that the framework proposed by the LLRWMO will allow the socio-economic impact mitigation strategy to evolve as the Project proceeds. Specific issues identified by area residents are discussed below. 6.2 Provision of Direct Financial Compensation for Quality of Life Impacts and Reduced Property Values 6.2.1 A number of Port Granby area residents have indicated that they should receive direct financial compensation both during the construction phase and the post-construction phase of the Port Granby Project. Specifically, it is their position that they should receive a portion of the Host Community Fee since they will be experiencing the most significant impacts related to the Project. They have also requested relief from Municipal taxes during the construction period. 6.2.2 Staff have advised residents that it is not normal practice for the Municipality to award financial compensation to residents affected by construction projects, be it residential subdivisions, municipal construction projects or people living on haul routes from gravel pits. Staff have also indicated that the Host Community Fee would be more appropriately used to provide a community benefit. 6.2.3 Nevertheless, the LLRWMO has identified financial compensation as a potential mitigation measure to address specific Project-related effects .- for example, house cleaning to deal with dust from truck traffic. The details of specific mitigation measures will be developed in consultation with area residents and will be responsive to individual circumstances and impacts. It is also important to emphasize that the cost of identified measures to mitigate Project-related effects are the responsibility of the LLRWMO and are not to be funded out of the Host Community Fee or other Municipal funds. 6.3 Permanent Impact on Property Values and Quality of Life 6.3.1 A number of residents have argued that the existing waste management facility has no impact on area residents, and neither would the in-situ stabilization option originally endorsed by Council in 1999. They have stated that there is no guarantee that the new Long Term Waste Management Facility being proposed as the Preferred Option will not fail in the future. As such, it will pose a permanent threat to area residents and have a lasting effect on property values and quality of life in the community. 6.3.2 The existing waste management facility has been and will continue to be well-managed by Cameco Corporation over the short term. However, the storage of the low level radio active waste at this site is untenable over the longer term and a more permanent solution is required. As well, there would have still been significant impacts related to the original in-situ stabilization option, given the amount of construction activity and truck traffic on area roads that it would have generated. 673 REPORT NO.: PSD-077 -06 PAGE 11 6.3.3 Both the LLRWMO and the Peer Review Team are confident that the design of the Long Term Waste Management Facility, as currently proposed, will be a state-of-the-art facility that will operate safely and protect the environment and residents for several hundred years. Although the risk of failure, however minimal, is always present with any waste management facility, the consequences of any such failure would be less severe and more easily managed at the new Long Term Waste Management Facility than it would if the low level radio active waste were to remain at the existing site. As well, the Long Term Waste Management Facility will be a low profile mound that, with proper landscaping and site design, should blend into the rural setting of the Port Granby area. 6.4 Proposed Modifications to Property Value Protection ProQram 6.4.1 Residents have suggested that the PVP Program should be revised to provide residents with an independent appraisal to determine the unaffected market value of their property value prior to listing it, with all costs to be borne by the Program. If a listed property does not sell within a reasonable period of time, the Program should purchase the property for its previously-determined appraised value. 6.4.2 There are a number of difficulties with the suggested approach that can result in the appraised value quickly becoming out-dated. For example, the actual market value of a property can be affected by a number of external influences not related to the Port Granby Project. As well, the process of retaining an independent appraiser and undertaking the actual appraisal can take upwards of three months to complete. 6.4.3 PVP Program staff have acknowledged the importance of determining the unaffected fair market value of a property, and note that the listing of a property for too high a price can result in the listing becoming "stale" if it sits on the market for an extended period of time. This creates delays in the sale of the property and complicates the process of determining the appropriate level of compensation due to the property owner. The PVP Program staff have indicated that they will assist residents in determining their unaffected market value. This approach is much quicker and less complicated than acquiring an independent appraisal. The Legal Agreement also provides for the PVP Program to acquire a property at its undiminished fair market value in exceptional circumstances. 6.5 Independent Arbitration Process 6.5.1 Residents have argued that the appeals process set up under the PVP Program and the Complaints Program is not independent because the appeal officers are appointed by and paid for by the LLRWMO. Residents have suggested that appeals under the PVP Program should be settled by an Independent Arbitrator acceptable to both parties, with the legal costs incurred by the owner being paid by the LLRWMO. In addition, an independent three member arbitration board should be established to hear complaints related to the long term harm on property values caused by the Long Term Waste Management Facility, again with the residents' legal costs being covered by the LLRWMO. 6.5.2 The appeals process set up under both the PVP Program and the Complaints Process is intended to be independent, fair to resident, and structured so that residents' 674 REPORT NO.: PSD-077-06 PAGE 12 complaints will be settled as quickly as possible in a non-adversarial fashion. It thereby avoids the need for residents to retain outside legal assistance. PVP Program staff have noted that they have no control over the appeals process and that one of the two decisions rendered to date by an appeals officer ordered the PVP Program to increase the compensation paid to the appellant. As well, an appeals officer could order the LLRWMO to cover any reasonable legal costs incurred by an appellant. Although no formal complaints have yet been submitted under the Complaints Process, it is expected that it will operate in a similarly fair manner. 7.0 NEXT STEPS 7.1 Once Council endorses a Preferred Option for the Port Granby Project, the LLRWMO will submit the EA Study Report and all other relevant documentation to the federal government for review. The following federal and provincial agencies will be reviewing and providing comments on the EA Study Report: · Natural Resources Canada · Department of Fisheries and Oceans · Canadian Nuclear Safety Commission · Canadian Environmental Assessment Agency · Transport Canada · Environment Canada · Health Canada · Ontario Ministry of the Environment · Ontario Ministry of Transportation · Ontario Ministry of Culture · Ontario Provincial Police 7.2 Based on the experience with the Port Hope EA Study Report, this review is expected to be quite rigorous and detailed. The numerous technical reports prepared as part of the EA will be scrutinized by the review agencies to ensure that the study methodologies used by the LLRWMO and its consultants are appropriate and sufficiently comprehensive, and that the conclusions of these studies are accurate. 7.3 As noted earlier, Council has directed Staff to include an explanation of how the review of the double liner will be handled through the environmental assessment and through the licensing process by the CNSC. All of the documentation related to the LLRWMO's review of the double base liner and the capillary barrier system will be submitted to federal decision makers as part of the EA Study Report documentation submitted by the LLRWMO. The information will therefore be available to the review agencies. However, these agencies will not undertake a further review of whether either or both the double base liner and the capillary barrier system should be incorporated into the design of the Long Term Waste Management Facility. Rather, these agencies will review the design of the Long Term Waste Management Facility as submitted to ensure that the storage mound will effectively isolate the waste and protect residents and the environment for several hundred years. 675 REPORT NO.: PSD-077-06 PAGE 13 7.4 Once the review of the Port Granby Project EA Study Report is completed, a draft Screening Report will be issued by the federal authorities for review and comment. This report, which will summarize the results of the federal/provincial review, is currently expected to be released in early 2007. Based on the comments received, the screening report will be finalized and the federal government will issue its decision on whether to proceed with the Port Granby Project. 7.5 The Legal Agreement requires the LLRWMO to provide the Municipalities with written notice of the decision of the relevant authorities with regard to the EA. In the event that what the authorities decide upon is not the same as the Preferred Option previously consented to by the Parties, the Parties shall have 60 days to consult and a further 30 days to decide if they do not wish to proceed with the Project or an Element of the Project. 7.6 Licensing by the CNSC will follow the decision by the Municipality and the federal government to proceed with the Port Granby Project. Currently, it is anticipated that the construction work related to the Port Granby Project will commence in 2008. 7.7 It should also be noted that the Legal Agreement requires each municipality to provide its consent to the preferred option being submitted for the other municipality's project. Council provided its consent to the Preferred Option for the Port Hope Project in March 2005. Port Hope Council's consent to the Preferred Option for the Port Granby Project is expected to be given at their meeting of June 20, 2006. 8.0 CONCLUSIONS 8.1 Council is required to make a decision as to whether the concept for the long term management of the Port Granby wastes as generally described in the revised EA Study Report should be submitted as the Preferred Option for the Port Granby Project. This concept involves the relocation of the wastes to a new Long Term Waste Management Facility north of Lakeshore Road. The design of the Long Term Waste Management Facility includes a single base liner system and an enhanced mound cover incorporating a capillary barrier system to prevent precipitation from contacting the waste even in the event of the failure of the geomembrane in the cover. 8.2 Both staff and the Peer Review Team are satisfied that the design of the Long Term Waste Management Facility as proposed will provide Council and residents with a secure storage facility for the Port Granby wastes that will function effectively and safely for several hundred years. Specifically, the Peer Review Team is confident that the incorporation of the capillary barrier system into the mound cover represents a significant improvement to the facility design, and that the double base liner, with its associated impacts on area residents from increased truck traffic, is no longer necessary. As well, the measures developed by the LLRWMO to address the impact of the Project on area residents will, if properly implemented, effectively alleviate the adverse effects of the Project. 8.3 In recognition of the importance of minimizing the adverse effects of the Project on area residents, the socio-economic impact mitigation strategy as proposed by the LLRWMO has been included in the Description of the Preferred Option provided in Attachment 2 676 REPORT NO.: PSD-077-06 PAGE 14 to this report. However, given that the specific details of the mitigation strategy still need to be developed in consultation with area residents and the Peer Review Team, it is possible that the actual strategy as implemented may vary from that described. Nevertheless, what is important is that the intent of the mitigatiC'n strategy to alleviate the adverse effects of the Project on area residents is achieved. 8.4 It is also important to recognize that the LLRWMO, as the proponents for the Port Granby Project, is responsible for the implementation of the socio-economic effects mitigation strategy. The Municipality's role will be to ensure that the negative effects of the Project on area residents are mitigated to the extent possible, and to work together with the LLRWMO and residents to implement specific mitigation measures as required. 8.5 Council's consent to the submission of a Preferred Option for review by federal decision makers marks a key milestone in the Port Granby Project. However, it does not signify the end of the Municipality's involvement with the Project. Staff and the Peer Review Team will continue to be involved in discussions with the LLRWMO regarding the detailed design of the construction elements of the Project, as well as the design and implementation of the socio-economics impacts mitigation strategy. Constructive dialogue with area residents is also expected to continue during the period that the federal review is underway. Attachments: Attachment 1 - Attachment 2 - Attachment 3 Glossary of Terms Description of the Preferred Option - EA Study Report March 2006 Peer Review Team Report on the EA Study Report for the Port Granby Project 677 REPORT NO.: PSD-077-06 PAGE 15 List of interested parties to be advised of Council's decision: Sharon Baillie-Malo Glenn Case Regional Clerk, Regional Municipality of Durham Michael Ayer & Julie Jones Vito Binetti Wayne Boucher Ray Coakwell and Frances Brooks Walter Burman Rosemary Cooper Marion and Stuart DeCoste Frederic DeSourdy Robert Edgar Mel Edwards Wilma Entwisle Gord and Penny Ewington Betty and Stephanie Formosa Paulette Gerber Lori Graham Frank Hart Luanne Hill and Mike Mamonko A. Karacsonyi Susan Kinmond Maria Kordas - Fraser Jane Lawrence Brian Layng Eric Leeuwner Jerry Mahoney and Bonnie McFarlane Andrew McCreath Joanne McNamara Rupert McNeill Lorri and Stuart Munro Tim and Laurel Nichols Dora Nichols Carole Owens Garfield Payne James B. Robertson Linda and Paul Ryerse Sarwan Sahota Ken Shrives Barb Spencer John Stephenson Brian and Penny Stripp Rob & Kim Studt Midori Tanabe Harvey Thompson Rosemary Tisnovsky Stan Tisnovsky Julie Tutla Richard Walker Mary and Harry Worrall 678 GLOSSARY OF TERMS Attachment 1 To Report PSD-077 -06 CNSC Canadian Nuclear Safety Commission EA Environmental Assessment LLRWMO Low Level Radioactive Waste Management Office NRCAN Natural Resources Canada PVP Property Value Protection SECRA South East Clarington Ratepayers Association 679 Attachment 2 To Report PSD-077-06 PORT GRANBY PROJECT DESCRIPTION OF THE PREFERRED OPTION CONSENTED TO BYTHE MUNICIPALITY OF CLARINGTON - JUNE 26, 2006 CONSTRUCTION AND DEVELOPMENT PHASE (APPROXIMATELY 2008 - 2013) New Long Term Waste Management Facility The low level radioactive waste and marginally contaminated soils located at and associated with the existing Port Granby Waste Management Facility will be excavated and relocated to a new Long Term Waste Management Facility located in the north-central portion of the Cameco property north of Lakeshore Road. The Long Term Waste Management Facility will consist of an above- ground engineered storage mound with a low permeability composite base liner system and a low permeability composite cover system. The base liner system will be approximately 1.25 m thick and will consist of a compacted clay liner, a high density polyethylene geomembrane, and a leachate collection system embedded in a sand layer. The bottom of the mound will be located about 5 m to 8 m below existing grade. The low permeability composite cover system will be installed over the wastes once all of the contaminated material waste has been deposited in the cells. The cover system will be approximately 3.5 m thick and will consist of layers of natural and synthetic materials designed to minimize infiltration of precipitation to the waste. The mound cover will include a high density polyethylene geomembrane, a geosynthetic clay liner, and a capillary barrier system. The latter will be comprised of a 0.3 m capillary layer and a 0.3 m capillary break layer. Sensors will be installed in the mound cover to monitor its performance. The surface of the finished mound will rise approximately 8 m above existing grade. Clean-Up Criteria The Legal Agreement requires Canada to "clean up properties contaminated with Historic Low-Level Radioactive Waste so that all such properties will be able to be used for all current and foreseeable unrestricted uses." Estimates of the volume of material that must be excavated from the existing waste management facility are based on site specific clean-up criteria developed by the Low Level Radioactive Waste Management Office (LLRWMO). These criteria assume the site will be used for passive recreational uses and are based primarily on Ontario Ministry of Environment soil quality guidelines for parkland uses. Where no appropriate provincial guidelines exist, criteria have been developed to reflect accepted national or international standards. 680 The low level radioactive waste and marginally contaminated soils contain both radioactive and non-radioactive contaminants. The radioactive Contaminants of Potential Concern (COPC) have been identified as radium-226, tnorium-230, and thorium-232. The non-radioactive COPCs of greatest concern include antimony, arsenic, cobalt, copper, fluoride, nickel, lead, and uranium. (Uranium is more chemically toxic than it is radiologically toxic, and is therefore considered a non- radioactive contaminant.) Waste Volumes Approximately 432,000 m3 of low level radioactive waste and marginally contaminated soils will be excavated and moved from the existing waste management facility to the new Long Term Waste Management Facility, broken down as follows: · Topsoil/fill cover currently overlying wastes · Low level radioactive waste · Marginally contaminated soils · Contingency (-15%) 70,200 m3 204,400 m3 101,000 m3 56,400 m3 This volume figure includes approximately 4,000 m3 of marginally contaminated soils located under the roadbed and in the ditches of Lakeshore Road between Townline Road and the entrance to the existing waste management facility. Area and Location of Long Term Waste Management Facility The mound itself will be located approximately 430 m north of Lakeshore Road in Lot 4, Broken Front Concession, former Township of Clarke, on low permeability native till. Its footprint will occupy approximately 10 ha (420 m north-south by 240 m east-west). During construction, an overall area of approximately 41 ha will be required to accommodate site facilities, such as soil stockpiles and contractor's yard for the Long Term Waste Management Facility. Prior to any work, the entire site area will be fenced and access controlled. Screening berms will be constructed and trees planted to block views of the Long Term Waste Management Facility during construction. A map indicating the location of the existing and proposed waste management facilities is attached. 681 Transportation of Construction Materials and Equipment The construction materials and equipment required for the excavation of the existing waste management facility and the construction of the new Long Term Waste Management Facility will be transported by truck along the primary access route. This route will consist of Newtonville Road from Highway 401, Concession Road 1 to Elliott Road, and Elliott Road to the entrance of the new management facility. The LLRWMO will upgrade the roads along this route to the appropriate municipal standards to accommodate the truck traffic related to the Project. Approximately 12,500 truckloads will be needed to transport the required material. Any shipment too large to utilize the primary access route will be directed south on Newtonville Road and east on Lakeshore Road to the site via temporary at- grade entrances from Lakeshore Road. Use of this route is expected to be minimal. The LLRWMO will not up-grade the roads along this route prior to the start of construction, but will repair any damage to the roads that may result from Project-related activities. Clean material excavated for the construction of the Long Term Waste Management Facility will be stock-piled on-site and used as daily cover for the waste after placement in the mound. As well, on-site soils will be used for the construction of the final cover system in the mound cover. No low level radioactive waste or marginally contaminated soils will be transported along public roads. A map indicating the proposed transportation routes is attached. Waste Excavation and Transportation The low level radioactive waste and marginally contaminated soils at the existing waste management facility will be progressively removed using open excavation techniques and standard excavation equipment over five construction seasons. Trucks will transport the waste and place it in the Long Term Waste Management Facility, with all waste loads to be covered with tarpaulins to prevent spillage and mitigate dust generation. All trucks will be decontaminated prior to leaving each site and dust suppression measures will be used at both sites and along the Inter-Site Route. The Inter-Site Route will be used by trucks to transport the low level radioactive waste and marginally contaminated soils from the existing waste management facility to the Long Term Waste Management Facility An additional 113,000 m3 of uncontaminated soil and earth excavated from the site of the new Long Term Waste Management Facility will be transported by truck via the Inter-Site Route to the existing waste management facility for the regrading and restoration of the site after all contaminated materials have been removed. A grade separation under Lakeshore Road will be constructed as part of the Inter-Site Route. 682 Non-radioactive wastes (eg. conventional garbage and sewage) generated during construction will be transported off-site for disposal or recycling. Radioactive wastes (eg. contaminated construction materials, used coveralls and gloves) will be managed on-site as low level radioactive waste and placed in the Long Term Waste Management Facility. Water Treatment The water treatment facility on the existing waste management site will be used during the period of waste excavation and placement to treat contaminated liquids collected at both the existing waste management facility and the Long Term Waste Management Facility. Contaminated liquids include stormwater that has contacted the waste, fluids used to decontaminate trucks and other equipment, and groundwater from dewatering. The treated effluent will continue to be discharged to Lake Ontario under existing discharge standards, although the LLRWMO has committed to investigating approaches for improving the quality of the discharge. The existing water treatment facility will be decommissioned at the end of the waste excavation period and a new water treatment facility will be constructed and operational at the Long Term Waste Management Facility. The new facility will treat groundwater collected from the new East Gorge Groundwater Interceptor Trench at the existing waste management facility and leachate from the new mound, as well as the contaminated water obtained through dewatering of the sludge in the existing treatment ponds. The treated effluent will be discharged via buried pipe to Lake Ontario near the East Gorge. Project specific discharge criteria are being developed. Restoration of Existing Waste Management Facility A specific end use plan for the existing waste management facility once the low level radioactive waste and marginally contaminated soils have been removed has not yet been developed, although passive recreational uses have been assumed. The excavated areas will be graded to remove peaks and troughs and to flatten slopes to a stable configuration, uncontaminated fill and topsoil will be placed, and the site will be seeded and landscaped. Even after the waste has been removed, residual affected groundwater will continue to slowly discharge to Lake Ontario, primarily through the East Gorge. A groundwater collection system will be constructed across the low end of the Gorge and the intercepted groundwater will be pumped to the new water treatment facility at the Long Term Waste Management Facility. Once the groundwater quality improves to a condition where direct discharge can be made to Lake Ontario, the pumping system will be decommissioned and groundwater 683 will be allowed to flow through the interceptor trench without collection. The timing of the decommissioning will be determined through monitoring. MAINTENANCE AND MONITORING PHASE (2013 - 2500) The overall dimensions of the final Long Term Waste Management Facility will not change from those at the end of the construction and development phase. The mound will be vegetated to protect it from erosion. It will generally not be visible from Lakeshore Road and will appear as a smooth feature from Newtonville Road. No specific end use has been proposed. The low permeability cover on the mound is expected to act as an effective hydraulic barrier for several hundred years. The geo-synthetic clay liner component of the final cover together with the capillary barrier will serve to minimize infiltration due to any defects or deterioration associated with the geomembrane in the cover. Sensors installed in the cover system will monitor its performance. If the cover system fails to perform as expected, it can be accessed and repaired or replaced without disturbing the wastes within the mound. The composite base liner installed under the wastes is expected to provide an effective hydraulic/diffusion barrier throughout the maintenance and monitoring phase. In the event that the geomembrane in the base liner fails, the compacted clay layer as well as the low permeability cover would continue to control the Tate of contaminant release from the waste into the soils underneath the mound, which is estimated to be less than 0.01 mm/year. No leachate would be collected for treatment under this condition. The leachate collection system in the base liner will continue to function for the lifetime of the Long Term Waste Management Facility. Waste settlement is expected to expel much of the remaining drainable contaminated fluids in the waste, so that minimal volumes of leachate are expected to be generated from the mound after 2025. After this, flow to the water treatment plant will be almost entirely from the East Gorge Groundwater Collector. Treatment requirements will be reduced once the groundwater collector is taken off-line. Except for the fenced area around the pumping chamber for the East Gorge Groundwater Collector, the original waste management facility would be available for passive recreational uses. The collection system will remain in operation for some time, although an operational period of approximately 10 years is expected to be sufficient to intercept residual mass loadings for contaminants such as arsenic and uranium. As owner of the new and remediated Port Granby waste management facilities, the Government of Canada will be responsible for routine site monitoring and maintenance. An inspection and maintenance schedule for both facilities will be 684 developed. At the Long Term Waste Management Facility, this includes regular inspection of the mound cover, the leachate collection system, and the water treatment system. As well, groundwater, surface water and air quality, terrestrial and aquatic biota, and leachate and gas generation will continue \0 be monitored. The East Gorge leachate collection system on the remediated waste management facility will also be inspected on a regular basis. SOCIO-ECONOMIC IMPACT MITIGATION STRATEGY A framework for effectively mitigating the adverse effects of the Port Granby Project is a key element of the Project. The strategy is expected to evolve over time in response to specific events and comments from the Municipality and area residents. As such, the specific measures proposed may vary. However, it is expected that the overall intent of the socio-economic impact mitigation strategy as detailed below will remain unchanged. Principles to Guide Mitigation Measures 1. Those potentially affected have a legitimate role to play in decision making; those directly affected will have the opportunity to contribute to designing and delivering socio-economic mitigation measures and ongoing problem solving. 2. Safety of the environment and human health are paramount in all decision making. 3. Effects management measures should focus on those which avoid or reduce the severity of adverse socio-economic effects. 4. Mitigation measures within pre-defined areas would be developed to offset effects on the use or enjoyment of property and/or quality of life. 5. Measurers to enhance local benefits will be undertaken to the greatest practical extent. 6. Project related communications will be open, accurate and timely; and be designed to suit the special needs of stakeholders. 7. All mechanisms for delivering socio-economic mitigation shall be as accessible, user-friendly and non-bureaucratic as possible. 8. The proponent shall take reasonable actions to ensure that those impacted by the Project are not economically disadvantaged by the Project. 685 9. Follow-up monitoring will be carried out to inform the design and development of any additional socio-economic measures, including processes to investigate and resolve complaints. Overview of Mitigation Measures Residents and Communities · Implement initiatives to avoid, reduce, or redress real and perceived adverse socio-economic effects and enhance beneficial effects of the Port Granby Project. · Set up a two-tier complaints system which will be used to establish the need for and nature of additional mitigation measures that require the participation and/or approval of community stakeholders. · Implement a Project Monitoring Advisory Committee, to include representatives from local residents, South East Clarington Rate Payers Association, the Low Level Radioactive Waste Management Office, and the Municipality of Clarington. · Implement measures to address the residual loss of use and enjoyment of properties nearest to the waste management facilities, such as developing management plans for noise, dust, odour and traffic; and establishing thresholds for when contingencies are implemented (e.g., temporarily stopping work, curtailing offsite transportation activities, and imposing fines and penalties to contractors who do not comply with requirements). · Conduct enhanced communications with local residents to address the loss of use and enjoyment of property, including targeted communications with newcomers aimed at keeping them informed of air quality and noise levels, environmental monitoring results, schedule of the project works and activities, and where to call for answers to any questions they may have. · Keep new comers informed about the Project. · Implement an information program for the affected community, including requirements for disclosure of monitoring information to designated neighbourhood representatives, real-time monitoring of noise and dust levels, and site inspection privileges. · Provide an end-use for the new Long Term Waste Management Facility and the remediated waste management facility that maximizes the potential for passive recreational uses of the property and that promotes greater user access and recreational use of the waterfront. 686 · Develop an appropriate "name" for the facility that would not associate it with the Municipality or any community. · Request that the CNSC license explicitly assure that the LOi Ig Term Waste Management Facility and the existing waste management facility can be used only for the purpose of managing a specific volume of historic low level radioactive waste and marginally contaminated soils from the Municipality of Clarington over the long term. · If determined to be required by the Municipality of Clarington, design and deliver a follow-up program and restoration plan for road segments where excessive road wear has been detected to ensure traffic safety and good riding quality. · Consult with the Municipality and area residents regarding the need to reduce the speed limit on Lakeshore Road to 50km/ hour east and west of the underpass. · If requested by Clarington Council, completely remove and rehabilitate the upgraded portions of Elliot Road to pre-Project conditions (to the extent possible). · If requested by Clarington Council, remove the underpass at Lakeshore Road and rehabilitate the areas along Lakeshore Road affected by the underpass to pre-Project conditions (to the extent possible). · Work with the Municipality of Clarington to define and implement site plan controls that would limit the aerial extent and height of buildings and structures on the existing waste management facility or Long Term Waste Management Facility. Community Infrastructure · Implement the Property Value Protection program during pre-construction and construction and for two years into the maintenance and monitoring phase. · Monitor the Property Value Protection Program with a view to extending it beyond two years after the completion of the proposed facility if the market demonstrates that project effects will last longer. · Explore transferring the ownership of excess lands surrounding the Long Term Waste Management Facility mound to a party such as a conservation authority or land trust for the purposes of maintaining the lands in agricultural production and/or for environmental conservation. 687 Community Services · Communicate frequently and openly with recreational user groups of the Waterfront Trail and Elliot Road, and cycling, motoring or naturalist groups aimed at keeping them aware of project works and activities, environmental monitoring results, peak traffic periods, and potential road closures and access restrictions. · Consider alternative day-time play locations for local children along access roads. Traffic and Transportation · Avoid trucking during school group pick-up/drop off times along recommended routes. Consult with relevant stakeholders (e.g., school boards, parent organizations) to optimize school bus routes, drop-off and pick-up points along recommended transportation routes. · Design access roads so that farm vehicles can move through the area during construction (e.g., consider road and shoulder width) · Install signals, signs, pavement marks, and traffic controls at the Elliot Road underpass. · Implement traffic control measures to ensure the safety of the underpass for the Intersite Road, during both the construction and decommissioning of the road and underpass (e.g., provide temporary detour around the immediate construction site, have stops or traffic lights at the underpass construction site). · Provide signage for the underpass detour and any required stop controls. · Ensure the at-grade rail crossing (Le., CN Rail) design incorporates wide lanes and shoulders, maintains sight lines, gate and signal rail crossing control devices. · Incorporate contract clauses requiring all trucking contractors to demonstrate that vehicles are regularly maintained and drivers are licensed and trained. · Implement contract clauses to ensure trucks adhere to recommended transportation routes. Impose financial penalties for non-compliance. · Provide a driver training program for truck drivers that will focus on safety issues along the transportation routes (e.g., school bus stops, recreation trails 688 and crossings, existing hazards such as steep slopes, curves, rail crossings and the proposed Lakeshore Road underpass). · Schedule off-site truck driving to minimize disruption (e.g., deliver during designated times, use of convoys, stockpiling of materials). · Designand deliver a contingency plan for traffic on Lakeshore Road in case of an accident involving low level radioactive waste to ensure that emergency services can respond appropriately. · Notify all local residents in advance about trucking activities, particularly for oversized loads to allow residents to plan their activities and minimize potential for accidents. · Operate a procedure so that complaints regarding truck traffic can be reported and resolved. Population and Economic base · Communicate frequently and openly with local farmers to keep them aware of Project activities. Measures could include regular newsletters and mailings, special event notices and door-to-door notifications when required, direct communications with the site manager, and a 1-800 toll free telephone line. · Design and deliver a business activity enhancement program aimed at maximizing local business opportunities and benefits of the Port Granby Project. Land use and Visual Setting · Minimize the visibility of on-site activities at the facility. This could include the design and delivery of an on-site landscaping and lighting plan aimed at minimizing the visibility of on-site activities at the Long Term Waste Management Facility. · Consult with stakeholders regarding the design and delivery of an off-site tree planting program aimed at minimizing visibility of the Long Term Waste Management Facility. Municipal finance and Administration · Implement Part B of the Legal Agreement to ensure that the LLRWMO pays for Project-related road improvements; capital costs related to the facility; and on-going communications and related Project expenses. 689 · Implement Part B of the Legal agreement to ensure that the LLRWMO pays for administrative costs. This shall include payment for increased operating costs and losses in revenues. 690 I Si.LAWDc- I I f\l;;;NCE I A~ HUDSON RAILWAY I \ \ \ \ \ \ \ ~..t\ONAL RAILWAY CANAO\AN N 'I' Q Q <( <( Proposed 0 0 0:: 0:: Waste ~ Management en ....J Facility 0 0 J: ~ U ....J W Z Fencing During Construction U[JJ Existing Waste Management Facility lake Ontario Existing and Proposed Waste Management Facilities J 691 - HIGHWAY 401 NEWTONVILLE RD. EXIT 448 CONCESSION ROAD 1 Cl Cl < <( 0 0 0 <( 0::: 0::: 0 0::: Cl < 0 0::: 00 --J t: L TWMF 0 0::: J: W 0 MOUND () W :J --J I- Z --J 00 --J . > < W . . () . Z . 0 Z . < . ~ . --J . W z \..J\\<'E.S HORE. ROAD LAKE ONTARIO J Transportation Access Routes Primary Access Route - - - Contingency Haul Route ....... ... Inter-Site Route 692 AttaCnmem ,j To Report PSD-On -06 A. Addendum to the Peer Review Report of the Port Granby Project Environmental Assessment Study Report The Municipal Peer Review Team (MPRT) reviewed the Final Draft Environmental Assessment Study Report (EASR) for the Port Granby Project (LLRWMO-03710-ENA- 13004 Revision Od3) in January 2005. The MPRT's report (peer Review of the Port Granby Project Environmental Assessment Report, March 2005) summarized the MPRT's review and described additional work requested by the MPRT, including adding a second geo- membrane base liner and constructing a culvert or grade separation for the movement of the wastes between sites. In its conclusion, the MPRT recommended that Clarington Council provide its consent to submit the EASR to the Responsible Authorities for the regulatory review and that the Municipality continue to have an oversight role to ensure that the additional work requested by the MPRT is undertaken. This addendum summarizes the additional work and revisions prepared by the Low Level Radioactive Waste Management Office (LLRWMO) to the Port Granby Project EASR following submission of the peer review report. It also describes the findings of the team's review. Our conclusions are as follows: 1. The LLRWMO has addressed most of the MPRT's concerns associated with the Port Granby Project, most significant of which were the need to improve the performance of the mound and to minimize effects associated with construction traffic between the two sites. With the level of work included in the EASR, the MPRT is confident that the facility will have no negative effects on human health or the environment. 2. The socio-economic mitigation measures described in theEASR will maintain the quality of life of Port Granby residents during the Construction and Development, and Maintenance and Monitoring phases of the Long Term Waste Management Facility (L1WMF). 3. There remain a number of outstanding issues associated with the project where the MPRT and the LLRWMO continue to seek resolution. These are discussed in detail in Section A.3. The MPRT does not believe these issues are critical to the submission of the EASR for regulatory review and is confident that these issues can be resolved during the detailed design stage. A.1 Background In February 2005, the MPRT provided the LLRWMO with 153 detailed comments about Revision Od3 of the Port Granby Project EASR. In subsequent discussions, the MPRT and the LLRWMO came to an agreement on 113 of those comments. Those comments, and the LLRWMO's resolution of the comments, were listed in Appendix C of the EASR. Addendum to the Peer Review Report of the Port Granby Project Environmental Assessment Study Report 693 In March 2006, the LLRWMO released Revision OdS of the Port Granby Project Environmental Assessment Study Report. This revision, prepared over one year after the Final Draft EASR was released, provided the LLRWMO's response to tile 40 outstanding issues raised by the MPR T in its peer review report. The two key issues were the need for a double liner at the new facility to improve the mound performance and a truck underpass between the existing and new facilities to reduce traffic impacts and potential dusting along Lakeshore Road. Regarding the former, the LLRWMO evaluated several double liner systems and concluded that none improved the performance of the LTWMF significanrly. Instead, the LLRWMO developed an enhanced facility design for the Port Granby Project that incorporates a capillary barrier system between the geomembrane and the waste. This design is intended to further reduce the possibility of water inf1ltration to the waste, particularly in the event of failure of the geomembrane in the cover system. It is the LLRWMO's position that a second liner system is not required as a result of performance improvements provided by the enhanced facility design. The MPR T reviewed the enhanced facility design and provided its recommendations to the Council in its report "Peer Review of the llRWMO's Enhanced Facility Design for the Port Granby Project, March 2006" In response to municipal concerns regarding the effects of construction traffic along Lakeshore Road, the LLRWMO designed a dedicated truck underpass between the existing WMF and the new LTWMF. It will ensure that trucks hauling low-level radioactive waste will avoid travelling on publicly accessible roads. The LLRWMO also identified upgrades to municipal roadways being used to carry construction materials to the site. The LLRWMO updated the environmental effects assessment studies (i.e., atmospheric, geology and groundwater, etc.) to reflect the enhanced facility design, the Lakeshore Road underpass, and the road upgrades. The LLRWMO has also responded to the MPRT's concern that the Municipality and / or local residents would have little influence on mitigation and monitoring once the Environmental Assessment was completed and approved. It has developed a complaint resolution process that will be used to determine the need for additional socio-economic mitigation measures associated with the Project. The process allows for resolution of complaints in a two-tiered fashion: to start, the LLRWMO will work with the community to resolve complaints received from community members and to determine the need for, and nature of, additional socio-economic mitigation measures. If a resident is unable to get a satisfactory resolution to an issue or concern at this informal stage and wishes to pursue the matter further, the resident may formally issue a complaint. If the LLRWMO does not resolve the issue to the resident's satisfaction, a panel of individuals nominated by the signatories to the Legal Agreement makes a decision regarding the complaint. The other notable addition to the EASR is the provision of additional information regarding ground water flow and transport in the vicinity of the existing Port Granby waste management facility, as requested by the MPRT. This information establishes the requirements for continued ground water treatment following removal of the solid waste Addendum to the Peer Review Report of the Port Granby Project Environmental Assessment Study Report 694 materials from the waste management facility by assessing the rate of dissipation or "flushing" of various contaminants in the ground water system. A.2 Resolution of Issues The LLRWMO has addressed many of the MPRT's outstanding issues, including the significant concerns regarding the double liner and the underpass, through its revision of the EASR. These issues are described below. A.2.1 Need for a double liner The MPRT concurs with the LLRWMO that the enhanced facility design addresses the concerns of the MPRT expressed in the Peer Review Report of the EASR, making a double liner system technically unnecessary. The underlying review is reported in detail in the . MPRT Report (peer Review of the LLRWMO's Enhanced Facility Design for the Port Granby Project, March 2006). We are confident that the enhanced facility design can be designed and constructed to meet the expectations of the MPRT, including: . Protecting the underlying till; Preventing leachate from contaminating the groundwater; Providing redundancy in the design of the facility; and, Providing Clarington residents and Council with a state-of-the-art facility and an increased level of confidence. . . . In the MPRT's report on the enhanced facility design, we identified several considerations for the LLRWMO to enhance the design further, as well as additional analysis required during detailed design. The MPRT expects that the LLRWMO will address these recommendations in the detailed design stage. A.2.2 Effects of truck traffic The combination of the underpass between the two sites and the upgrades to municipal roads prior to construction now included in the EASR has addressed the MPRT's concerns regarding truck traffic impacts. Of note are the mitigation measures proposed to deal with any effects of truck traffic on the community. These are described in section A.2.5 below. A.2.3 Process for resolving complaints The MPRT is pleased to see that the LLRWMO has developed a formal process for resolving complaints with the local community and other stakeholders. This process is also described in section A.2.5. Addendum to the Peer Review Report of the Port Granby Project Environmental Assessment Study Report A.2.4 Cleanup criteria The LLRWMO has finalized the cleanup criteria for the Port Hope Area Initiative, including the existing WMF. These criteria are proposed for guiding remediation work with respect to radioactive and non-radioactive contaminants of potential concern in soil, ground water and air at the contaminated sites. The MPRT is satisfied that the criteria proposed are protective of human and environmental health and are compatible with an end use that permits active and passive recreation. There will be a significant period of groundwater flushing at the existing WMF site, during which time some uses of the site will be restricted. The site will continue to be under the control of the Government of Canada even after the cleanup has occurred. A.2.5 Socio-economic mitigation measures The MPRT concludes that the quality of life of Port Granby residents will be maintained should the LLRWMO implement the proposed mitigation measures described in the revised EASR. The original EASR proposed a comprehensive list of mitigation measures to address residual socio-economic effects. In response to comments from the MPRT seeking additional detail about these measures, the LLRWMO reviewed the mitigation measures and identified areas where further details could be provided. The MPRT is pleased to note that details have been added to the revised EASR for several mitigation measures, as identified in Table 1. Some measures are now addressed as part of the complaint resolution process. The LLRWMO feels that off-site impacts can be avoided and would consider implementing specific mitigation measures should there be complaints from the' community. These measures are listed in Table 1. The LLRWMO has also proposed a set of 'Guiding Principles' that could serve as a basis for resolving complaints and identifying or determining the need for, and nature of other socio-economic mitigation measures as part of the 'tier one' process. These include: Those potentially affected have a legitimate role to play in decision-making regarding mitigation. Therefore, the host municipality, community representative (including members of direcdy affected neighbourhoods) and others direcdy affected by the Port Granby Project will be afforded the opportunity to participate in the design and delivery of the socioeconomic mitigation measure and ongoing problem solving; Follow-up and monitoring shall be undertaken to assist in the design and delivery of additional socio-economic mitigation measures, including the investigation and resolution of complaints; The proponent and all other parties involved in the Port Granby Project will ensure that that the safety of the environment and protection of human health are paramount in all decisionmaking; Effects management measures that avoid or reduce the severity of adverse socio- economic effects are preferred to measures which attempt to address such effects through other means; Addendum to the Peer Review Report of the Port Granby Project Environmental Assessment Study Report 696 The proponent shall take reasonable actions to ensure that the Municipality, its residents or business operators are not economically disadvantaged by actions or events direcdy related to the Port Granby Project and within the control of the proponent; Mitigation measures within pre-defined areas surrounding the L1WMF, the existing WMF and along transportation routes will be developed to address effects on the use and enjoyment of property and/ or quality of life; Measures to enhance local benefits will be undertaken to the greatest practical extent; Ongoing communications are valuable and important activities. Port Granby Project- related communications will be open, accurate and timely. Communications are to be designed to suit the special needs of stakeholders; and All mechanisms designed for the delivery of socio-economic mitigation shall be as accessible, user-friendly and non-bureaucratic as possible. Table 1: Socio-economic Miti~ation Measures /Related Principles in Revised EASR Mitigation measures where additional detail has been added 1. Enhanced liaison with local farmers through regular newsletters and mailings, special event notices and door-to-door notifications when required, direct communications with the site manager, and a 1-800 toll free telephone line; 2. A driver training program that will focus on safety issues along the transportation routes (e.g., school bus stops, recreation trails and crossings, existing hazards such as steep slopes, curves, rail crossings and the proposed Lakeshore Road underpass); and, 3. A two-tier complaint resolution process, which will be used to establish the need and nature of additional mitigation measures that require the participation and/or approval of community stakeholders. Mitigation measures addressed as part of a complaint resolution process 4. Design and deliver an off-site tree planting program aimed at minimizing visibility of the LTMWF; 5. Develop an end use that promotes greater user access and recreational use of the waterfront; 6. Consider alternative day-time play locations for local children along access roads; 7. Work with relevant stakeholders (e.g., school boards, parent organizations) to optimize school bus routes, drop-offand pick-up points along recommended transportation routes; 8. Work with the Municipality to reduce the speed limit on Lakeshore Road to 50 km/ hour east and west of the underpass; 9. Design and deliver a follow-up program and restoration plan for road segments where excessive road wear has been detected to ensure traffic safety and good riding quality; and 10. Transfer ownership of excess lands surrounding the LTWMF mound to a party such as a conservation authority or land trust for the purposes of maintaining the lands in agricultural production and / or for environmental conservation. Other mitigation measures carried over from original EASR Addendum to the Peer Review Report of the Port Granby Project Environmental Assessment Study Report 697 Table 1: Socio-economic Miti ation Measures /Related Princi les in Revised EASR 11. Design and deliver a business activity enhancement program aimed at maximizing local business 0 ortunities and benefits of the Port Granb Pro' ect; 12. Design and deliver an on-site landscaping and lighting plan aimed at m.i.1..imizing the visibili of on-site activities at the LTMWF; 13. Enhance liaison with recreational user groups of the Waterfront Trail and Elliot Road cycling, motoring or naturalist groups aimed at keeping them aware of project works and activities, environmental monitoring results, peak traffic periods, and potential road closures and access restrictions; 14. Avoid truckin durin school ou ick-u / dro off times alon recommended routes; 15. Incorporate farm access and farm vehicle movement consideration into detailed design e. ., road and shoulder width) and / or farmer communications ro ams; 16. Incorporate signalization, signage, pavement markings, and traffic controls at the Elliot Road unde ass; 17. Implement traffic control measures to ensure safety during the construction and decommissioning of the underpass for the Intersite Road (e.g., provision of temporary detour around the immediate construction site, stop control at the underpass construction site or traffic li hts ; 18. Provide si a e for the unde ass detour and an re uired sto controls; 19. Ensure the at-grade rail crossing (i.e., CN Rail) design incorporates wide lanes and shoulders, maintains site lines, ate and si al rail crossin control devices; 20. Incorporate contract clauses requiring all trucking contractors to demonstrate that vehicles are' re arl maintained and drivers are licensed and trained; 21. Implement contract clauses to ensure trucks adhere to recommended transportation routes. 1m ose financial enalties for non-com liance; 22. Optimize off-site trucking activities through development of delivery timing windows, use of convo s and material stock ilin ; 23. Design and deliver a contingency plan for traffic movement on Lakeshore Road in the event of an accident involvin LLRW to ensure a ro riate emer en res onse; 24. Provide advance notice to all local residents of trucking activities, particularly for oversized loads to allow residents to plan their activities and minimize potential for accidents; 25. Implement provisions of Part B of the Legal Agreement, whereby the LLRWMO will pay all reasonable capital costs related to: road improvements, providing or improving other services to the site, including sewage, water and lighting; development of the new Facility in the manner reflected in the conceptual design, establishing an on-going communications program to fully inform residents about the PG project; reasonable future administrative, Ie al and external communications ex enses incurred; 26. Implement provisions of Part B of the Legal Agreement, whereby a process shall be established whereby administrative expenses will be identified, quantified and paid. This shall include a ment for increased 0 eratin costs and losses in revenues; 27. Implement a socio-economic effects management program during construction and development that would serve to avoid, reduce, or redress real and perceived adverse socio-economic effects and enhance beneficial effects of the PG ro' ect; Addendum to the Peer Review Report of the Port Granby Project Environmental Assessment Study Report 698 Table 1: Socio-economic Miti ation Measures /Related Princi les in Revised EASR 28. Implement mitigation measures to address the residual loss of use and enjoyment of property within the neighbourhoods nearest to the Facility. This would include development of site-specific nuisance effects management plans for noise, dust, odour and traffic management; establishing thresholds for the implementation of contingency measures (e.g., temporary cessation of works and activities, curtailment of offsite transportation activities, and imposition of filles and penalties to contractors for non- com liance; 29. Conduct enhanced communications with local residents to address the loss of use and enjoyment of property, including targeted communications with newcomers aimed at keeping them informed of air quality and noise levels, environmental monitoring results, schedule of the project works and activities, and where to call for answers to any uestions the ma have; 30, Implement an information program for the affected community, including requirements for disclosure of monitoring information to designated neighbourhood representatives, real-time monitorin of noise and dust levels and site ins ection rivile es; 31. Provide an end use for the L TWMF and existing WMF site along Lake Ontario waterfront that maximizes the otential for assive recreational uses of the ro er 32. Develop a "name" for the facility that would not associate it with the Municipality or any commum ; 33. Request that the CNSC license condition provide explicit assurances that the LTWMF and the existing WMF cannot be used for any purpose other than for the long term management of a specified volume of historic LLRW from the Municipality of Clarin ton; 34. Completely remove and rehabilitate the upgraded portions of Elliot Road to pre-project conditions to the extent os sible ; 35. Completely remove the underpass at Lakeshore Road and rehabilitate the areas along Lakeshore Road affected by the underpass to pre-project conditions (to the extent ossible ; 36. Work with the Municipality of Clarington to define and implement site plan controls that would limit the aerial extent and height of buildings and structures on the existing WMF or LTWMF. Overall, the MPRT is satisfied with the full list of mitigation measures, including those that may be addressed as part of the complaint resolution process. We recommend that the LLRWMO commit to working with stakeholders to optimize school bus routes as a required mitigation measure, as traffic safety is a concern of the community. One mitigation measure that requires further discussion is the Property Value Protection (pVP) program. This program has been designed for properties in urban areas (i.e., Port Hope) and should be adjusted to reflect the unique nature of real estate in rural areas. Specifically, the MPRT recommends that the LLRWMO share information with residents about the typical range of values and trends in sales of rural property within the vicinity and in comparable areas. This information would serve as an informal benchmark for residents against which to compare their properties and would provide residents with greater certainty about land values, with the objective of encouraging them to stay in the community. It Addendum to the Peer Review Report of the Port Granby Project Environmental Assessment Study Report 699 should be noted that the LLRWMO has clearly defilled the duration of the PVP program, which will end two years into the maintenance and monitoring phase. Once the aforementioned changes have been made, the MPRT believes that the remaining mitigation measures can be designed to adequately address the residual effects associated with the project. A.3 Outstanding Concerns of the MPRT This Section discusses the remaining outstanding concerns. Work toward full resolution of these concerns has been ongoing but is not yet complete. It is the MPRT's opinion that these concerns are not critical to the submission of the EASR since they represent refillements of the level of understanding already reported in the EASR. It is the MPRT's recommendation that the EASR can be submitted to the federal government at this time, and that any of the outstanding concerns can be addressed during the detailed design stage. The following is a description of those concerns. A.3.1 Residual contamination at the existing WMF The cleanup of the existing WMF involves the excavation and relocation of approximately 430,000 m3 of waste. It will take several decades for contamination to dissipate or flush from the groundwater at the existing WMF following the removal of this waste. While the leachate collection system will remain in operation to collect groundwater exiting at the East Gorge, the MPRT has concerns about the residual contaminants in groundwater that will exit the WMF via the bluffs and the West Gorge area. Thus, the MPRT is seeking specific information regarding the actual groundwater quality near the bluff face and as it exits the bluff face in the seepage zone. This information will allow the LLRWMO to determine the extent of residual contaminated groundwater and confirm the modeling conducted in support of the EASR. The MPRT suggests that this work will be undertaken before the licensing phase. Because the LLRWMO is excavating and relocating the majority of the waste at the existing WMF to the LTWMF, it does not intend to stabilize the shoreline at the existing site. Depending on the rate of regression of the bluffs, there may be exposure to contaminants in soils that are left in place after the cleanup is done. While there will continue to be limited access to the bluffs, and minimal opportunities for exposure to these soils, the MPRT expects to see analysis to confum that there is no health risk to individuals who are walking along the bluffs. As suggested above, this analysis should occur before the remedial work is undertaken since the outcome of such analysis could influence measures for the long term monitoring of the bluffs. Addendum to the Peer Review Report of the Port Granby Project Environmental Assessment Study Report 699001 A.3.2 Mass loading of treated effluent into Lake Ontario The leachate collection and treatment system at the new L TWM? will discharge approximately 27,350 m3/year of treated effluent to Lake Ontario during the construction phase. The existing WMF site leachate collection system for the East Gorge will discharge approximately 37,900 m3/year of treated eOffluent during construction and about 10,000 m3/year in the early phase of maintenance and monitoring (until about 2025). In total, approximately 531,500 m3 of treated effluent will be discharged to Lake Ontario from the leachate collection system at the new L TWMF and the East Gorge during the five- year construction period and the early maintenance and monitoring periods. The EASR shows that the concentrations of arsenic and other contaminants within the effluent will not result in a measurable change in human health risk based on the discharge quality criteria assumed in the study. Nonetheless, the MPRT suggests that the LLRWMO should review state-of-the-art leachate treatment technologies and optimize leachate treatment to reduce the contaminant mass loadings that are discharged to Lake Ontario. A.3.3 Impacts to Port Granby Creek from the new facility The LLRWMO has concluded that the projected changes to flow in the creek resulting from construction of the new L TWMF will have no negative impacts on Port Granby creek or on coldwater fishes. While the MPRT does not necessarily disagree with thesecondusions, it has requested that the LLRWMO conduct more detailed monitoring of the current and future condition of the creek. A flexible monitoring program would be appropriate, with more frequent monitoring during the construction phase and less frequent monitoring during the maintenance phases. These field data would substantiate the conclusions of the EASR. A.3.4 Institutional Control There is still insufficient detail regarding institutional components. We agree that a set of guidelines or policies are required for institutional controls, and expect that guidelines will be prepared to address each Phase and stage of the Project. The LLRWMO needs to articulate those guidelines along with a process and timeframe for establishing the controls. This information should be prepared during the licensing of the LTWMF. A.4 Conclusion and Recommendation The revised EASR addresses the MPRT's concerns with the original report, most significant of which were the need for a double liner and the construction traffic between the existing WMF and new sites. The proposed enhanced facility design in lieu of the double liner and the proposed Lakeshore Road underpass in the revised EASR were reviewed by the MPR T Addendum to the Peer Review Report of the Port Granby Project Environmental Assessment Study Report 699002 and found to meet its expectations. The revised EASR also provides additional detail regarding socio-economic mitigation measures. There are a number of outstanding concerns which have not been fully resolved. In particular, during the detailed design stage and / or during construction, the LLRWMO should provide more information regarding: residual contamination at the existing site; ways of reducing mass loading of treated effluent into Lake Ontario; the effects from the project on Port Granby Creek; and guidelines for institutional control. Sufficient progress has been made on these issues and reported in the revised EASR. None of these issues are considered critical to the submission of the revised EASR to the regulatory authorities. Thus, the MPRT recommends that Council provide its consent to the LLRWMO to submit the revised EASR to the Responsible Authorities for the regulatory review. Council should ensure that the Municipality continue to have an oversight role so that the additional work requested by the MPRT is addressed. Addendum to thc Pecr Review Report of the Port Granby Project Environmental Assessment Study Report 699003 CI!Jlmgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Report #: PSD-078-06 File #: PLN 17.2,8 By-law #: Subject: BOWMANVILLEIWESTSIDE MARSHES CONSERVATION AREA MANAGEMENT PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-078-06 be received; 2. THAT the BowmanvillelWestside Marshes Conservation Area Management Plan, June 2006 be accepted as fufilment of one of the roles and responsibilities as defined in the Principles of Understanding between St. Marys' Cement (formerly Blue Circle Canada Inc.), the Municipality of Clarington and the Central Lake Ontario Conservation Authority; 3, THAT, at the end of each year, CLOCA provide to the Municipality a proposed Annual Capital and Operating Budget and Fund Raising Strategy to manage the Conservation Area; 4. THAT Central Lake Ontario Conservation Authority provide a mid-term report on the Implementation of the Management Plan; and 5. THAT all interested parties and any delegations be advised of Council's decision. Submitted by: Reviewed by: () l ~ , Q.~~ . J. Crome, M,C.I.P" R.P.P. Director of Planning Services Franklin Wu, Chief Administrative Officer CS/FUjd/df 12 June 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 699004 REPORT NO.: PSD-078-06 PAGE 2 1.0 BACKGROUND On November 3, 1997 Council endorsed Report ADMIN 47-97 re~arding the Principles of Understanding between the Municipality of Clarington and St. Marys' Cement (formerly Blue Circle Canada Inc.) on the implementation and recommendation of the Waterfront Regeneration Trust on Westside Marsh. Among other things, the Principles required the transfer of certain lands and easements to the Municipality of Clarington or the Municipality could direct the transfers to CLOCA. Council approved the preparation of a Management Agreement between the Municipality and CLOCA for the future public lands identified in the Principles of Understanding; as part of this Management Agreement a terms of reference for an Environmental Management Plan was approved. The Bowmanville/Westside Marshes Conservation Area Management Plan, as prepared and presented by CLOCA, fulfills those terms of reference, Study Area The primary focus for the Conservation Area Management Plan is on all lands owned or leased by CLOCA in the Port Darlington Area. These lands, now known as Bowmanville/Westside Marshes Conservation Area, are 82 ha (202 acres) in size and include two provincially significant coastal wetlands, Westside Marsh and Bowmanville Marsh, the upland connector between the two wetlands, portions of both the Bowmanville and Soper Creek valley lands south of Highway 401, and the boat ramp and associated lands immediately north of the Bowmanville Marsh. Study Process The terms of reference for the Environmental Management Plan was prepared and appended to the Management Agreement. The study was co-ordinated by the Municipality and CLOCA. The Environmental Management Plan is to be approved by Clarington Council and the CLOCA Board of Directors, The study process proceeded upon receipt of the funding from St. Marys' in 2001, After the initial stages of data gathering and baseline establishment, the study team met with residents and others to develop a management plan. Concurrent with the study process, St. Marys' was implementing its Westside Marsh Reconfiguration plans as approved by the Department of Fisheries and Oceans (DFO), Ministry of Natural Resources (MNR), CLOCA and the Municipality. Due to a number of unforeseen circumstances the study process has taken some 5 years; however, it is now at the stage where the Management Plan has been finalized. 2.0 THE MANAGEMENT PLAN The Plan: Vision. Goals. Obiectives The community came together through several public workshops (beginning in May 2001), to develop a vision for the protection and management of the area and set goals and objectives, 699005 REPORT NO.: PsD-078-06 PAGE 3 VISION 2026: The Marshes are Clean, Green, Blue, Peaceful, Accessible and Spiritually Enriching.... (Clean, Green and Serene) All living things enjoy the protected, tranquil areas of the Bowmanville/Westside Marshes. The wooded, old field and wetland areas of the Bowmanville/Westside Marshes provide attractive habitat for abundant wildlife, and a diversity of trees and plants, Water quality improvements have been made upstream. Neighbours are implementing effective plans to minimize disruption and noise. Recreational activities are compatible with natural system function and people have access to beautiful vistas over the marshes from well-placed footpaths. The Marshes have become a beautiful and serene natural preserve within a developed urban and recreation area, and are a significant natural asset to the community, and visitors who use the area, In keeping with the community's vision for the Bowmanville and Westside marshes, the goals of the Bowmanville/Westside Marshes Conservation Area Management Plan are: 1) To identify, protect and enhance the current and potential natural heritage features attributes, functions and linkages of Bowmanville/Westside Marshes Conservation Area; 2) To provide the public with enjoyable recreational and educational opportunities that will not threaten the health of the area; 3) To acknowledge the cultural and heritage significance of the area as it relates to the future management of the Conservation Area. Several objectives were identified for the Management Plan and are generally grouped into Protection, Recreation, and Community. Public Review The Executive Summary attached to this report provides an overview of the document and its major recommendations (Attachment 1). Copies of the draft Management Plan have been available to the public since late April. An open house was advertised on page 2 of the Clarington this Week and held on April 25th at Bobby C's Restaurant in Port Darlington. It was attended by a number of the residents and other interested parties, Staff Review Staff have reviewed the draft and made a number of comments that have been amalgamated into the final version of the Management Plan. Staff believe that the Management Plan can serve. as an implementation strategy for the community projects and initiatives that the Port Darlington Community Association (PDCA) and others can be involved in. In addition, the Management Plan and its background studies serve as a baseline for the ongoing monitoring of coastal wetlands and conservation areas that CLOCA is involved with. 699006 REPORT NO.: PsD-078-06 PAGE 4 3.0 MANAGEMENT STRATEGY IMPLEMENTATION In general, the purpose of the Bowmanville/Westside Marshes Conservation Area Management Plan, as defined by the goals, is to establish a plan that will conserve the natural heritage features present within the Conservation Area. In addition to this goal, CLOCA hopes to provide a venue where the public can enjoy various recreational opportunities that are compatible with the natural heritage goals. Considerable data and information have been gathered through fieldwork, research, public consultation and evaluated to determine a long-term framework for management of the lands. The issues, concerns, and areas of interest identified through this natural heritage evaluation and management planning process are outlined in Section 3 of the Management Plan, There are a number of projects that involve the community in stewardship activities, such as plantings, recreational trail development, and interpretative signage are to be carried out over the next 5 years. These projects are noted below. Zone 1 - Westside Marsh install interpretative signage about Westside Marsh - develop signage and educational campaign regarding release of goldfish install fence along Cedar Crest Beach Road - enhance natural buffer by planting additional native vegetation construct viewing mound and connecting trail on east side of Westside Marsh - establish natural barriers around viewing mound - develop cultural and natural heritage interpretative information install signs along trail system Zone 2 - Upland Connector - enhance wildlife corridor through plantings partner with community groups to build, install, monitor bird boxes - construct viewing mound install limestone slabs (benches) at various scenic points along the trail remove road access and restore with native plantings plant "treed buffer" Zone 3 - Bowmanville Marsh - install interpretative signage about Bowmanville Marsh - construct turtle nesting habitat - develop education/awareness campaign about turtles install shrub barrier to prevent encroachment implement concurrent educational campaign remove observation platform and rehabilitate area remove and rehabilitate unmaintained parking area 699007 REPORT NO.: PSD-078-06 PAGE 5 Zone 4 - Lands North of Bowmanville Marsh restore cultural meadow community rehabilitate unmarked trails and discourage use through signage co-ordinate extension of trails with Valleys 2000 Zone 5 - Lands Leased by Municipality of Clarinqton (Boat Launch) infill plantings new Conservation Authority welcome sign Fundinq for Proiects Through the Pinciples of Understanding, St. Marys Cement contributed to Central Lake Ontario Conservation Authority $94,500.00 for the preparation of the Management Plan, In addition, the Municipality set aside $100,000 as a start-up fund to carry out the Management Plan and begin implementation. Central Lake Ontario Conservation Authority shall also use reasonable efforts to raise necessary funds to implement the Plan. The Central Lake Ontario Conservation Authority will provide to the Municipality, a proposed Annual Capital and Operating Budget and Fund Raising Strategy to develop manage the Conservation Area. In 2006, CLOCA used some of the funds to match contributions from Ducks Unlimited for trails, a parking lot, an information kiosk, viewing mound, and plantings in the Upland Connector area, 4.0 CONCLUSIONS AND RECOMMENDATIONS The Management plan has a life span of 20 years and shall be reviewed every five years. The Ecological Land Classification (ELC) will be updated in order to adequately assess the ongoing success of the Management Plan with respect to vegetation communities within the conservation area, Wildlife and fisheries inventories will also be monitored. Many of the recommendations will be subject to available funding resources and partnerships, Staff recommend that CLOCA report to Council in December 2008 midway through the first five years, on how the funding has been spent and the progress of the Management Plan. Attachments: Attachment 1 - Executive Summary 699008 REPORT NO.: PsD-078-06 PAGE 6 List of interested parties to be advised of Council's decision: CLOCA Port Darlington Harbour Company Kevin Taylor Rose Savage Port Darlington Community Association Aird & Berlis Borden Ladner Gervais Gary Cole Robert Hutchinson 699009 Attachment. To Report PSD-078-01 Bowmanville/Westside Marshes Conservation Area Management Plan Executive Summary Chapter 1: Existing Conditions Background There are eight coastal wetlands in Central Lake Ontario Conservation Authority's (CLOCA's) jurisdiction, four of which are under CLOCA's ownership and management, including Bowmanville and Wests ide marshes as well as Cranberry and Lynde Creek marshes. Across the Great Lakes basin, many coastal wetlands have been filled in or drained for agriculture, residential and industrial development, and recreational facilities. As well, land-use intensification has negatively impacted our coastal wetlands through loss of natural areas, both adjacent to the wetlands and further up the watershed. Conservation Authorities have recognized this alarming trend and are working to protect and restore coastal wetlands for future generations. . Since 1996, less emphasis has been placed on maintaining and upgrading existing recreational facilities and more emphasis has been placed on assessing environmental impacts and overall watershed health. Today, Conservation Are~s within the CLOCA jurisdiction are primarily managed to protect the natural heritage system located within and around them, while only providing recreational activities that are complementary to that system. However, a rapidly growing population within the Regional Municipality of Durham has meant that pressure on these conservation lands has increased dramatically as a result of changes in surrounding land uses and a greater demand for recreation that comes with larger populations. For these reasons, long-term management planning within these conservation lands is a priority for CLOCA. In 2000, CLOCA and the Municipality of Clarington established a terms of reference for the development of a Conservation Area Management Plan. Working with the community, the Plan would provide for the long-term management and enhancement of the reconfigured Westside Marsh and Bowmanville Marsh and the associated lands owned by CLOCA. This Management Plan provides a summary of the multi-stakeholder negotiations with St Marys Cement and the recommendations provided by the Waterfront Regeneration Trust that preceded the development of the terms of reference. Study Area As confirmed in a public meeting in October 2005, the primary focus for this Conservation Area Management Plan is on all lands owned or leased by CLOCA in the Port Dartington area. These lands, now known as BowmanvillelWestside Marshes Conservation Area, are 82 ha (202 acres) in size and include two provincially significant coastal wetlands, Westside Marsh and Bowmanville Marsh, the upland connector between the two wetlands, portions of both the Bowmanville and Soper Creek valleylands south of Highway 401, and the boat ramp and associated lands immediately north of the Bowmanville Marsh (Figure 1). June 2006 BWMCA MANAGEMENT PLAN 699010 ~ ?~ 0;:, Q " ~ " ::. :ii' ~ .. ;: Q: .. ~ ;;: '" .. .. () Q " .. ~ ~ " o. " '" Oi " ;: " ~ '" .. " ;;; ;; ~ " The surrounding lands are also discussed in order to understand the constraints and opportunities that exist relative to the future management of Bowmanville/Westside Marshes Conservation Area. The area including these surrounding lands is referred to as the BowmanvillelWestside Management Unit (Le. the area within which future land uses and stewardship activities will have a direct influence (both positively and negatively) on the future health and management of the Bowmanville/Westside Marshes Conservation Area (Figure 1). The Plan: Vision, Goals, Objectives The community came together through several public workshops (beginning in May 2001), to develop a vision for the protection and management of the area. VISION 2026: The Marshes are Clean, Green, Blue, Peaceful, Accessible and Spiritually Enriching.... (Clean, Green and Serene) All living things enjoy the protected, tranquil areas of the Bowmanville/Westside Marshes. The wooded, old field and wetland areas of the BowmanvilleNVestside Marshes provide attractive habitat for abundant wildlife, and a diversity of trees and plants, Water quality improvements have been made upstream. Neighbours are implementing effective plans to minimize disruption and noise, Recreational activities are compatible with natural system function and people have access to beautiful vistas over the marshes from well-placed footpaths. June 2006 2 BWMCA MANAGEMENT PlAN 699011 The Marshes have become a beautiful and serene natural preserve within a developed urban and recreation area, and are a significant natural asset to the community, and visitors who use the area. In keeping with the community's vision for the Bowmanville and Westside marshes, the goals of the Bowmanville/Westside Marshes Conservation Area Management Plan are: 1) To identify, protect and enhance the current and potential natural heritage features, attributes, functions and linkages of BowmanvillelVVestside Marshes Conservation Area 2) To provide the public with enjoyable recreational and educational opportunities that will not threaten the health of the area 3) To acknowledge the cultural and heritage significance of the area as it relates to the future management of the Conservation Area Several objectives were identified for the Management Plan and are generally grouped into Protection, Recreation, and Community. Historical Overview The Management Plan provides a brief historical overview of the Port Darlington area from glacial times to Aboriginal/pre-European settlement to European settlement with an industrial focus to a recreational focus to acquisition of conservation lands. Regional Context The Management Plan provides background infonnation regarding the climate, the Lake Ontario coastal landscape, the watersheds that drain into these two coastal wetlands and the role that the Conservation Area has within this landscape context. With regard to the watershed context, the Bowmanville and Westside marshes receive drainage from two very different watersheds; the Bowmanville/Soper and Westside watersheds respectively (Figure 4). Size, along with level of development, dominant land uses, and amount of natural vegetative cover, are all factors that influence watercourses which, in turn, affect the coastal wetlands with which they are associated. These influences are reviewed in this section. June 2006 3 BWMCA MANAGEMENT PLAN 699012 Dr.....ge N / I Rood o Wat.,.Met CJ BownIanvUte I W.sI.kM Marshes MlRigeII'M;nt Unit t .. 80W1'RanvUIe , We.l.ide Marsh.. CA. Physiographic Regions L.~Z~l Oil< Ridge. Mofol.. [=:::J Iroquois nil Plain ~ koquol.8ea<h D G~clollcustrlne Plain o 0.5 1 2 Km II II I.. II Figur. 4 8owmanvill_, Sop., ,and _.taide Creek Watershed. f " .,:::f..0:E::: Bowmanville / Wests ide Marshes Conservation Area Management Plan Local Context Brief descriptions are provided of the existing surrounding land uses, natural hazards and public uses that are present in the Management Unit (Figure 9). June 2006 4 BWMCA MANAGEMENT PLAN 699013 ~ ~ <Q '" " .. ;: CD ~ <: '" ::: '., Q '" -1o'ftwn\oI......."Yf'NIl 0..' ~ " :r '" " C) o ;;: ~ ~. o " e '" '" .....--------.. ----......... ''''''''''' L-i ~""""UNI .. ........ A..uut~ C-.-" 10. ~"'WII. "'*- c.... "'If ~ " fl. ......................,~ t2.~AIlIlltl....., 11. ....'Y'c.-.O'.ryurwtt 14. OwMnlc...... ..-- 11. ~ hInwI_-=-- 11. c-............., Conservation Area - Current Conditions Bowmanville^^,estside Marshes Conservation Area, at approximately 82 ha (or 202 acres), represents a rather small land base when compared to some other Conservation Areas managed by CLOCA. The difference, however, is that there is a tremendous amount of diversity in this small area, The two provincially significant coastal marshes, together with their associated valleylands, connecting uplands, and interactions with the adjacent Lake Ontario create a diverse mix of vegetation communities and habitats that are extremely important to many different resident and migrating wildlife populations. The current conditions within the boundaries of the conservation area are summarized, including: vegetation, aquatics, wildlife, water quality, public use, and infrastructure. This section also provides a detailed description of the Westside Marsh reconfiguration. Natural Heritage Evaluation Conserving, enhancing or restoring the natural heritage features and systems within Bowmanville^^,estside Marshes Conservation Area are the primary goals of this management plan, The most difficult challenge faced by all natural area managers charged with developing long-term management plans for conservation lands is the task of determining, among other things, which habitats require increased protection, which areas require enhancements so that they can reach their true potential, and which areas currently contribute little to the surrounding natural heritage system but have the potential to become an integral component of that system if properly restored. June 2006 5 BWMCA MANAGEMENT PLAN 699014 It is quite clear from previous sections of this document that BowmanvilleNVestside Marshes Conservation Area is: ~ very dynamic (the two wetlands are subjected to regular fluctuations in /:j.Jth water quantity and quality as a result of direct influences from Lake Ontario and two drastically different watersheds ); ~ diverse (the conservation area contains many different habitats in various stages of succession including natural wetland/forest, reconstructed wetland, post-agricultural upland); and, ~ highly disturbed (the conservation area is completely surrounded by varied land uses including major industrial, commercial/recreational, and urban residential). The Natural Heritage Evaluation for the Bowmanville/Westside Marshes Conservation Area was completed by incorporating the results of four separate evaluation methods and data sets. These included: Natural Heritage Component Data Report (Niblett Environmental Associates, 2003), Natural Heritage Evaluation System For Conservation Area Management Planning (CLOCA), Durham Region Coastal Wetland Monitoring Project (CLOCA, Environment Canada), and Wetland Evaluation System For Southem Ontario (OMNR, 1984; 2005). The evaluation is described in detail in this section of the Management Plan with accompanying appendices of detailed technical information. The key results are highlighted in the Management Strategy table (pp 101-129). Chapter 2: Potential Long-Term Impacts Knowing the potential long-term impacts that may positively or negatively affect the BowmanvilleNVestside Marshes Conservation Area and surrounding lands within the Management Unit ensures that management strategies for the Conservation Area can anticipate and, where appropriate, accommodate these future land uses/influences. This section provides a summary of influences such as climate change, Lake Ontario Water Level Regulation study, Greenbelt Plan, Regional Official Plan, Clarington Official Plan, St Marys Cement Long-term Extraction and Quarry Rehabilitation plan, Port Darlington Neighbourhood Secondary Plan, Clarington Land Acquisition Strategy, and Waterfront and Valleys 2000 trail development. In undertaking this review, it was recognized that there are numerous, long-term, "conceptual plans" surrounding the conservation area lands in which the details are subject to change. For this reason detailed responses to these plans have not been developed. Comments will be provided through CLOCA's plan review/regulatory review role. Chapter 3: Management Strategy Finally, a Management Strategy is outlined through a series of tables. Considerable data and information have been gathered through fieldwork, research, public consultation, and subsequently evaluated so that CLOCA will be adequately equipped to manage BowmanvilleNVestside Marshes Conservation Area over the long-term. The issues, concems, and areas of interest identified through this natural heritage evaluation and management planning process are outlined in the Management Strategy tables that follow and are categorized under the following: wetland status, vegetation, aquatics, wildlife, water quality, public use, and adjacent use. Where appropriate, recommendations are made to address the issues and the timing of management actions are outlined. In general, consistent with the Plan's objectives for Protection, Recreation and Community, CLOCA's management actions focus on: June 2006 6 BWMCA MANAGEMENT PLAN 699015 Research: monitoring work that will improve our understanding of the health of the area, with a particular emphasis on the coastal wetlands, so that the best management actions can be determined, Invasive Species: development of a management strategy to control invasive species that can have a huge impact on a natural area by out-competing native populations Minimizing Disturbance: planting of natural buffers, between high activity areas and sensitive zones in the conservation area; signage Habitat Restoration: planting of forest corridors and meadows in the upland areas Public Use: trail and viewing and interpretative infrastructure Plan Review/Regulatory Review: reviewing development applications within the Westside and Bowmanville/Soper watersheds with a view to minimizing downstream impacts to the coastal wetlands, as well as, providing comments on applications for adjacent areas with a view to protecting the ecological integrity of CLOCA's holdings while promoting appropriate public use and education Community Involvement: promotion of volunteer opportunities e.g., plantings, monitoring. Specific Actions are identified in the Management Strategy table (pp. 101-129) according to five different management zones that have been identified within the Conservation Area. The outside edges of these zones have been defined by the Conservation Area boundaries. Although nature knows no "boundaries", distinctly different processes and disturbances influence certain zones within the BowmanvilleM'estside Marshes Conservation Area. For example, Westside Marsh lies adjacent to a limestone quarry and receives water inputs from a small but very urbanized watershed; whereas, Bowmanville Marsh lies adjacent to a marina/harbour and industrial land uses and receives water inputs from a very large watershed that contains a mix of urban and agricultural land uses. Because of these very different influences within the Conservation Area, different zones require different approaches to management. For this reason, the lands owned/managed by CLOCA that make up the BowmanvilleM'estside Marshes Conservation Area have been broken into different management zones based on differences in adjacent land use, watershed inputs, land tenure, and natural heritage features. The following sections summarize the highlights from each Zone. Zone 1: Westside Marsh The primary objective for Zone 1 (Figure 28) is to maintain and enhance the ecological integrity of the marsh and minimize disturbance. This zone includes Westside Marsh, the new outlet of Westside Creek, and the uplands along the southem boundary of the wetland. In the Conservation Authority Natural Heritage Evaluation, Zone 1 was identified predominantly as being of high ecological importance, poor to good health, and high sensitivity relative to other areas in the Conservation Area. Wests ide Marsh was evaluated as a provincially significant wetland in 1984 and has seen significant disturbance over the past number of years due to the reconfiguration of the marsh to June 2006 7 BWMCA MANAGEMENT PLAN 699016 accommodate neighbouring quarrying activities. The majority of the reconfiguration work as outlined in the Management Plan was completed as of the winter of 2005/2006 such that during development of this Plan the existing conditions within this area were changir.J rapidly and data collection was difficult. This is one reason there are limited recommended Management Actions that may further disturb this zone in the short-term. Future Management Actions will be assessed against the results of two major monitoring initiatives currently underway in Westside Marsh: i) Durham Region Coastal Wetland Monitoring Project, and ii) St Marys Cement 5-year post restoration monitoring report. Once the Marsh re-establishes itself, a future re-evaluation by MNR to update the significance of this wetland will be requested. ~ ,.. H~: l)J ~ ~ ;:; '" ~ ;;- ~ ... .. ;;; Ci: ... ~ ~ ;;; .. " o ::J .. ... ~ ;: o' '" h : ~ .. ::J .. '" ... 3 ... ;:: ." ... '" -..- ~... CJ ==':~~ ~CJr<<t'__JPI'JlI Zone 2: Upland Connector The primary objective for Zone 2 (Figure 29) is to provide the public with enjoyable recreational and educational opportunities while restoring an appropriate upland corridor to complement the ecosystems of the Bowmanville and Wests ide marshes (building upon the ecological importance and sensitivity of the Wests ide Woods). This Zone includes connecting uplands between Westside and Bowmanville marshes, bounded to the east by West Beach Road, the north by the hydro corridor, the west by the diverted Wests ide Creek, and the south by the Cove Road Community. This zone also includes 'Wests ide Woods", the mature woodlot adjacent to Westside Marsh. In the Natural Heritage Evaluation for Conservation Areas, Zone 2 was identified predominantly as being of medium June 2006 8 BWMCA MANAGEMENT PLAN 699017 ecological importance (with the exception of the Westside Woods which ranked high), medium health, and less sensitive (again with the exception of the Westside Woods which ranked high) relative to the wetland areas in the Conservation Area. Management Actions are based upon a funding proposal submitted by CLOCA to the Ducks Unlimited Canada Healthy Wetlands...Healthy Communities Initiative. The project was approved for funding by Ducks Unlimited Canada and the Ontario Ministry of Natural Resources in 2004, The infrastructure improvements including a 20 car parking facility (pay and display), an information kiosk, a 1,5 km trail loop, two raised viewing mounds, and the installation of several interpretive signs were initiated in 2005 and will be completed by the middle of 2006. CLOCA's intent is that this public use system will complement surrounding trail opportunities (e,g, Waterfront Trail, Valleys 2000). Additional Management Actions for this Zone include the establishment of a treed wildlife corridor and upland meadow as part of the long-term plan. The planting of the wildlife corridor was initiated in the spring of 2005 with help from the local community and it is anticipated that the natural restoration work will be completed over the next several years. iii ........ [11_- iii ___ U _........... " -..- UnmII...... TI.I ~o-....,... Zone 3: Bowmanville Marsh The primary objective for Zone 3 (Figure 30) is to maintain and enhance the ecological integrity of the Marsh and minimize disturbance, June 2006 9 BWMCA MANAGEMENT PLAN 699018 This zone includes Bowmanville Marsh which represents a significant portion of the provincially significant Bowmanville Wetland Complex. In the Natural Heritage Evaluation for Conservation Areas, Zone 3 was identified predominantly as being of high ecological ir,lportance, poor to good health, and high sensitivity relative to other areas in the Conservation Area, Management Actions include removal/rehabilitation of unmaintained infrastructure including a parking lot, trail, and observation platform along the upper edge of the provincially significant Bowmanville Marsh (Note: these public uses are being redirected to less sensitive areas, specifically to maintained infrastructure in Zone 2). Other Management Actions are focused on minimizing disturbance along the edges of the Marsh so that its habitat functions are maximized. Future Management Actions will be assessed against the results of the Durham Region Coastal Wetland Monitoring Project and its restoration recommendations. The Municipality of Clarington is currently pursuing the acquisition of lands adjacent to the conservation area boundary along the south side of Zone 3. CLOCA supports the efforts by the Municipality of Clarington to put additional hazard lands and wetland areas into public ownership where appropriate. Where the Municipality of Clarington is successful in acquiring additional lands, CLOCA will provide the municipality with technical advice as required regarding the long-term management of these lands. ~ ;> c:;: u....inllin.d 0IaHrI..... .....m ~ J.~: " ii': H~. (!J o ~ ~ " ;: Q: .. ;:: .. .. ". .. " [) g " .. < ;>: o " h ~ .. ;:; ~ 0; '" .. " ;;; ;; 1) " " r--1 a.wm.rMIe J Well.... "---' ...............ftIIftII """ ~OIIr"'''''''' June 2006 10 BWMCA MANAGEMENT PLAN 699019 Zone 4: Lands North of Bowmanville Marsh The primary objective for Zone 4 (Figure 31) is to maintain and enhance the ecological integrity of, and minimize disturbance to, the adjacent Bowmanville Marsh. This zone includes all lands north of Zone 3 that are owned or leased by CLOCA. It includes wetland communities that are part of the provincially significant Bowmanville Wetland Complex. In the Natural Heritage Evaluation for Conservation Areas, Zone 4 was identified predominantly as being of high ecological importance (with the exception of the cultural meadow community in the Zone which ranked medium), low health, and generally high sensitivity for the wetland communities relative to other areas in the Conservation Area. Management Actions focus on restoration of areas disturbed by unmaintained trails and unmaintained fishing spots as well as increasing forest cover through tree planting. CLOCA will review the Municipality of Clarington's design plans for upgrading the Waterfront Trail with pedestrian crossings and along the road right-of-ways in Zone 4. '" o " ~ ~ - . ...... w......... "'... 1 -i~~:.. ; H~. ., ;;- ~ ~ ~. ~ ~ ~ " o ~ ! ~ o' , h ~ ~ ~ ~ ~ ;; -..- 1ohMI........ Tr.. - fIfopoMCIVNtdllon Tf8I ~ - ".,.....WItyl:lOOOTI........ ." .. ~ II ~"I""'" ~~.....~""* ~cw..A#I"l" Zone 5: Lands Leased by Clarington The primary objective for the southem portion of Zone 5 (Figure 32) is to provide the public with enjoyable recreational opportunities that will not threaten the health of this Zone, while minimizing disturbance to the adjacent Bowmanville Marsh. The primary objective for the northem portion of Zone 5 is to maintain and enhance the ecological integrity of the forest and wetland communities adjacent to Soper Creek by enhancing the vegetation communities within this area through restoration and protection (e.g. by minimizing disturbances where appropriate ). June 2006 11 BWMCA MANAGEMENT PLAN 699020 This zone includes all the lands north of Zone 3 that are owned by CLOCA, but leased to the Municipality of Clarington. It includes wetland communities that are pflrt of the provincially significant Bowmanville Wetland Complex. In the Natural Heritage EvaluatiG;l for Conservation Areas, Zone 5 upland communities were ranked as high, medium and low in the ecological importance category, medium to high health (only 3 communities evaluated), and high to medium sensitivity for the upland communities relative to other areas in the Conservation Area. In general, the portion of Zone 5 below West Beach Road is a highly disturbed area that supports a parking lot and boat launch. The portion of Zone 5 north of West Beach Road supports forest and wetland that is disturbed, but of high ecological value. Management Actions focus on increasing forest cover through tree planting and restoring vegetation in disturbed areas and recommending maintained fishing spots after a review of the recommendations put forward in the Bowmanville/Soper Creek Fisheries Management Plan (CLOCA and OMNR, in prep.). Generally, actions in this Zone are subject to the Municipality of Clarington's design plans being finalized for implementation on these lands. to o . :i ~ ~ ;& -- u...IIIIlaI......... ,;f:- \;i lj" " ~ ~ .. ;;; ~ s: ~ il ::r - .. " o ~ .. - < !: g" ", ~ ~ ~ " ~ " ~ - PIapoMd w...... Tul......... " .~ CJ ---..,~ ........IIII\OtftMtII~ ~..,..~3IIf Management Plan Review and Updates The life span of this Management Plan is intended to be 20 years from the date of approval by the CLOCA Board of Directors with 5-year reviews. The recommendations found within this Management Plan are subject to change over the 20-year life span as a result of updated information (e.g. see Chapter 2 - Long-term Potential Impacts) or improved science, and changes in public demand and pressure. This includes amendments to the plan that may be required to reflect changes in land tenure and management agreements. Many of the recommendations will be subject to available funding resources and partnerships. June 2006 12 BWMCA MANAGEMENT PLAN 699021 CI!J!mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Report #: PSD-079-06 File #: C-C 2005-001 By-law #: Subject: DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: PORT OF NEWCASTLE MARINA VILLAGE L TO. PART LOT 29, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF CLARKE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-079-06 be received; 2, THAT the Draft Plan of Condominium application, submitted by Port of Newcastle Marina Village Ltd. be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2; 3, THAT a copy of Report PSD-079-06 be forwarded to the Durham Region Planning Department; and, 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: d ~~~hA- Franklin Wu, Chief Administrative Officer v J. Crome, M,C.I.P., R.P.P. Director of Planning Services CS/CP/DJC/jd/df June 9, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 699023 REPORT NO.: PsD-079-06 PAGE 2 1.0 APPLICATION DETAILS 1,1 Applicant: Port of Newcastle Marina Village Ltd. 1.2 Draft Plan of Condominium Application: To permit condominium tenure of 2 buildings containing a total of 72 residential units. 1.3 Site Area: 1.2 hectares 2.0 LOCATION 2.1 The subject lands are located at 55 & 75 Shipway Drive in Newcastle Village (Attachment 1). The property is contained within Part Lot 29, Broken Front Concession in the former Township of Clarke. 3.0 BACKGROUND 3.1 In September 2005, the applicant received site plan approval for two (2) three-storey residential buildings, each containing 36 units for a total of 72 units. Subsequently, the owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure of both buildings. Construction of one building commenced in September 2005. 4.0 OFFICIAL PLAN POLICIES 4.1 The lands are designated "Living Area" within the Durham Region Official Plan. The goal of the Living Area designation is to provide a full range of housing. 4.2 Within Clarington Official Plan, the subject lands are designated Urban Residential with a Medium Density Symbol. Medium Density development shall proceed at 31-60 units per net hectare. 5.0 ZONING BY-LAW CONFORMITY 5.1 The subject lands are currently within the "Urban Residential Exception (R4-19) Zone" . The R4-19 zone permits the proposed development and the development conforms to the zoning provisions. 699024 REPORT NO.: PsD-079-06 PAGE 3 6.0 AGENCY COMMENTS 6,1 There were no objections from the circulation of this application. 6.2 The Durham Region Planning Department had no objection but included in their comments conditions for the Condominium Conditions of Draft Approval. 7 .0 STAFF COMMENTS 7.1 A site plan agreement with the Municipality of Clarington detailing the location of buildings, parking, grading and drainage, and landscaping features is presently registered on title. The site plan agreement also covers financial matters, including development charges and performance guarantees for landscaping and engineering works, The appropriate Letters of Credit were obtained from the Owner for these performance guarantees, This property is also within a registered plan of subdivision and the appropriate parkland dedication was made through the plan of subdivision. Staff has no objections to the approval of the application for Plan of Condominium. 7.2 A building permit has been issued for one of the buildings, representing 36 units, and construction has begun, The construction of the other building will commence shortly. 7.3 The Owner is aware that the Municipality shall require a site plan amendment to implement the conditions of draft approval contained in Attachment 2 of this report. The Owner has provided a letter accepting the attached conditions. 8.0 CONCLUSIONS 8,1 Based on comments contained in this report it is respectfully recommended that revisions to the subdivision be APPROVED, subject to the attached conditions of draft approval contained in Attachment 2. Attachments: Attachment 1 - Condominium Plan Attachment 2 - Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: Port of Newcastle Marina Village Limited 699025 Attachment 1 To Report PSD-079-06 "C - C ...J cu '" Gl ii: "C C ; E ftl II) ...J lIS ~ = ';) 't"'" 'c Gl Q ftl Z Q E w Q 0 CD Q. . ;: lIS an '0 '" ::l!l Q C ftl 0 U c Q 0 ~ 0 N CD ;; 0 c Z lIS U 0 - 0 0 - 0 .J 0) 1:: ~ C !'? i: 0 CJ:' .!! Q.. Gl ~ Q. ~ 0 i.: 0 CD .. c a. ~ ~ s 0 ~ ~ ~~ 699026 Attachment 2 To Report PSD-079-06 CONDITIONS OF DRAFT APPROVAL Part Lot 29, Broken Front Concession Former Township of Clarke File No. C-C- 2005-001 1, The Owner shall have the final plan prepared on the basis of approved Draft Plan of Condominium C-C-2005-001 prepared by J.D. Barnes Limited identified as job number 02-25-766-00, dated April 13, 2006, which illustrates two (2) three-storey' buildings containing 72 residential units and parking facilities. 2, The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington, This shall include, among other matters, the execution of an Site Plan Agreement between the Owner and the Municipality of Clarington concerning such matters as follows: compliance with the Municipality's approved site plan in terms of refuse collection, snow storage, driveway entrance maintenance and common ownership elements. 3, Prior to final approval of this plan of condominium for registration, the Director of the Planning Services for the Municipality of Clarington shall be advised in writing by: a) Durham Region Planning Department, how Condition 1 is satisfied; NOTES TO DRAFT APPROVAL 1. As the Owner of the proposed condominium, it is your responsibility to satisfy all of the conditions of draft approval in an expeditious manner. He conditions to draft approval will be reviewed periodically and may be 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. 2, All plans of condominium must be registered in the Land Titles system within the Regional Municipality of Durham. 3. 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. 4, At such time as the draft approval is in effect, the Owner is required to provide digital copies of the draft approved plan and conditions of draft approval to the Region of Durham Planning Department and the Municipality of Clarington Planning Department. . 699027 Cl!1!i.l1glDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19,2006 Report #: PSD-080-06 File #: PLN 7.9 By-law #: Subject: USE OF POPPY SYMBOL ON STREET SIGNS AMENDMENTS TO THE POLICY FOR WAR DEAD AND WAR VETERAN NAMES FOR STREETS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-080-06 be received; and 2. THAT the Policy for War Dead and War Veteran Names for Streets be amended as shown on Attachment 1. Submitted by: D I J, Crome, M,C.I.P., R.P.P. Di ctor, Planning Services Reviewed by: ~ nklin Wu ~ Chief Administrative Officer DJC/sh 12 June 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 699028 REPORT NO.: PsD-080-06 PAGE 2 1, In May 2001, Council adopted a revised policy on the recognition of Clarington's war dead and veterans through street names in the Municipality. At that time, the decision was taken to introduce the poppy symbol on the street signs for the street. This has proven to be extremely well-received; 2. Earlier, the Municipality had a practice of recognizing historic names of early settlers and community builders, Some of this occurred prior to the amalgamation and creation of what is now the Municipality of Clarington. Naturally, a number of older families in the community that were recognized with a street name also had sons (or daughters) that served in the military overseas and killed in action. 3. Staff has received a number of inquiries requesting that the poppy symbol be used for other existing streets in the Municipality where there is some association with a veteran. As far as staff can tell, these streets were named for early families or individuals and not a veteran or soldier killed in action. 4. At the present time there are three inquiries to replace street signs with those having a poppy symbol: · Millson Hill Drive in Orono · Jackman Road in Bowmanville . Tooley Road in Courtice 5. It should be noted that the Municipality instituted the Book of Service as a means of honouring Clarington veterans, since all could not be recognized through the street names project for one reason or another. 6. It is proposed that the poppy symbol would not be placed retroactively on streets signs for those streets that existed prior to the program unless there is proof that the street was specifically named for a veteran or soldier killed in action. Accordingly, the Policy for War Dead and War Veteran Names for Streets would be modified by adding a new Section 8 as per Attachment 1. 7. The Policies for War Dead and War Veteran Names for Streets also require some "housekeeping" amendments. · Pethick Street is named for a war veteran from the Peninsular War (1808-1814) and this war needs to be added to the list of recognized military actions in Policy 1 (see Attachment 1). · Those who were killed in a peacekeeping action have always been recognized as "war dead". However, the war veteran's policy (Policy 2) has not recognized those who have served in a peacekeeping action as "war veterans". It is proposed Policy 2 be amended to recognize veterans who served as peacekeepers in overseas combat roles. · Changes are shown in bold. Attachment s: Attachment 1 - Modified Policies for War Dead and War Veteran Names for Streets 699029 Attachment 1 To Report PSD-080-06 Municipality of Clarington Planning Services Department Policies SECTION: SUBSECTION: Development General PSD-D010 APPROVED BY: [gI Council o C.A.O. DATE APPROVED/U PDA TED: May 29, 2001/June 26, 2006 SUBJECT: War Dead and War Veteran Names for Streets PURPOSE: To honour the memory of men and women from Clarington who have fought in a war or served in peacekeeping assignments overseas as part of Canada's military. POLICIES: 1, For the purpose of this policy, the "war dead" refers to those persons who died serving overseas in active military dutyduring the PenJnsular and Crimean Wars, the Boer War, World War 1, World War 2, the Korean War or any peacekeeping action initiated by the United Nations or NATO in which Canada played an active military role. 2. For the purposes of this policy, "war veterans" refers to those persons who voluntarily enlisted with Canada's military forces and served overseas in active duty during the Boer War, World War 1, World War 2 and the Korean War, or any overseas peacekeeping action initiated by the United Nations or NATO in which Canada played an active military role. 3. The use of war dead and war veterans' names will comply with the Region of Durham street-naming policy. 4. The war dead and war veterans that will be honoured in this manner are those men and women who were residents of Clarington at the time that they enlisted. 5. Municipal staff will work with the Royal Canadian Legion in determining the man and women that qualify for recognition. 6. The Municipality will encourage the use of war dead and war veterans' names within plans of subdivision on the following order of priority: a) . Soldiers killed or missing in action; b) War veterans who have died: c) War veterans who are still living. 7, Street signs honouring war dead and war veterans will include a poppy in the design. 8. Streets previously named for individuals of historic significance or Clarington families and not specifically identified at the time for a specific war dead or war veteran will not be recognized with a poppy on the street name sign. 699030 Cl!JlmglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, June 19, 2006 Report #: PSD-081-06 File No's: A2006-0021 & A2006-0022 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 8, 2006 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-081-06 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on June 8, 2006 for applications A2006-0021 and A2006-0022, 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:O ~--S~ Franklin Wu, Chief Administrative Officer av J. Crome, M.C,I.P" R.P.P. Director of Planning Services SA*CP*DC*df 9 June 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 699031 REPORT NO.: PsD-081-06 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 JUNE 8, 2006 A2006-0021 A2006-0022 Approve Approved Approve Approved 2.0 COMMENTS 2.1 Staff has reviewed the Committee's decisions and are satisfied that applications A2006- 0021 and A2006-0022 are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. 2.2 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 699032 Attachment 1 To Report PSD-081-06 CI!Jlmgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JOHN MALONEY JENNY SVETEC FILE NO.: 2024 CONCESSION RD 7, DARLINGTON PART LOT 23, CONCESSION 7 FORMER TOWNSHIP OF DARLINGTON A2006-0021 PROPERTY LOCATION: PURPOSE: TO PERMIT A BOUNDARY RE-ALlGNMENT THROUGH LAND DIVISION BY REDUCING MIN. DISTANCE SEPARATION REQUIREMENT FROM A RURAL RESIDENTIAL LOT TO AN EXISTING FARM USE FROM 300 M TO 200 M & BY REDUCING REQUIRED MIN, LOT AREA REQUIRED FROM 4000 M2 TO 2681.9 M2. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS MINOR IN NATURE, DESIRABLE & MEETS THE OFFICIAL PLAN & ZONING BY-LAW, TO REDUCE THE AGRICULTURAL SETBACK FROM 300 METRES TO 200 METRES & TO REDUCE THE LOT AREA FROM 4000 SQUARE METRES TO 2681.9 SQUARE METRES. DATE OF DECISION: LAST DAY OF APPEAL: June 8, 2006 June 28, 2006 699033 Cl!J!llJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ROYAL LE PAGE FRANK REAL ESTATE VELTRI AND SON LIMITED PROPERTY LOCATION: FILE NO.: 70 DON MORRIS COURT, BOWMANVILLE PART LOT 13, CONCESSION 2 FORMER TOWN OF BOWMANVILLE A2006-0022 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE FRONT YARD SETBACK FOR AN ATTACHED GARAGE FROM 6 M TO 4.55 M AND BY INCREASING THE MAXIMUM ALLOWABLE PROJECTION OF A GARAGE IN FRONT OF A DWELLING FROM 3 M TO 7.35 M. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO PERMIT A SINGLE DETACHED DWELLING BY REDUCING THE FRONT YARD SETBACK TO 4.55 METRES & BY INCREASING THE GARAGE PROJECTION TO 7.35 METRES AS IT IS MINOR IN NATURE, DESIRABLE, WOULD NOT HAVE A DETRIMENTAL IMPACT ON THE NEIGHBOURHOOD AND IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: LAST DAY OF APPEAL: June 8, 2006 June 28, 2006 699034 Cl!Jlmgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Report #: PSD-082-06 File Nos #: ROPA 2005-005, By-law #: COPA 2005-003 AND ZBA 2005-027 Subject: APPLICATIONS TO AMEND THE DURHAM REGION OFFICIAL PLAN, CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT THE ESTABLISHMENT OF AN ORGANIC WASTE COMPOSTING AND WOOD WASTE PROCESSING FACILITY APPLICANT: MILLER PAVING LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-082-06 be received; 2. THAT the Regional Municipality of Durham be advised that the Municipality of Clarington has no objection to the approval of the application to amend the Durham Region Official Plan (ROPA 2005-05) submitted by Miller Paving Limited to establish an organic waste composting and wood waste processing facility, and that the Municipality requests that the amendment to the Official Plan limit the permitted accessory uses to the bulk wholesale of compost and other materials produced on-site; 3. THAT Amendment No. 49 to the Clarington Official Plan to permit the establishment of an organic waste composting and wood waste processing facility as proposed by Miller Paving Limited be ADOPTED as indicated in Attachment 4 to this report, that the necessary by-law contained in Attachment 5 be passed, and further that the amendment be forwarded to the Regional Municipality of Durham for approval; 4, THAT Rezoning Application ZBA 2005-027 submitted by Miller Paving Limited be APPROVED and that the Amendment to By-law 84-63, as amended, as contained in Attachment 6 to this Report, be ADOPTED; 699035 , J REPORT NO.: PsD-082-06 PAGE 2 5. THAT the modifications to the proposed Official Plan Amendment as reflected in Amendment No, 49 and the proposed by-law to amend Zoning By-Law 84-63, as amended, be deemed to be minor and consistent with the intent of the proposed Official Plan amendment and rezoning applications considered at the statutory Public Meeting, and further that no additional Public Meeting to consider the revised Official Plan amendment and Rezoning Applications is required; 6. THAT the By-laws to remove the Holding (H) symbols be forwarded to Council at such time as the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including the execution of a site plan agreement and the transfer of a woodlot conservation easement in favour of the Municipaplity; 7. THAT a copy of Report PSD-082-06 be forwarded to the Regional Municipality of Durham Planning Department; and 8. THAT all interested parties, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Reviewed by: C)~~ Da Id rome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer JAS/FUDJC/df 9 June 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 699036 REPORT NO.: PsD-082-06 PAGE 3 1.0 APPLICATION DETAILS 1.1 Owner/Applicant: Miller Paving Limited 1.2 Durham Regional Official Plan Amendment: Proposed Amendment Submitted bv Applicant To permit a waste management facility for organic material composting and wood waste processing with retail sales of compost, soil enhancement and related wood products as an exception within the "General Agricultural" designation. Amendment Recommended for Approval To permit a waste management facility for organic material composting and wood waste processing with the bulk wholesale of compost and other materials produced on-site permitted as an accessory use. 1.3 Clarington Official Plan Amendment: Proposed Amendment Submitted bv Applicant To permit as a site specific use, an organic material composting and wood waste processing facility as an exception in the "General Agricultural Area", with sales of compost, soil blends, sand, gravel, soil enhancements and related wood products as an accessory use. Amendment Recommended for Approval To permit as a site-specific use, an organic material composting and wood waste processing facility as an exception in the "General Agricultural Area", with the bulk wholesale of compost and other materials produced on-site permitted as an accessory use. 1.4 Zoning By-law Amendment: To change the zoning on a portion of the subject lands in Part Lot 27, Concession 1, former Township of Darlington, from "Agricultural (A) Zone" and "Environmental Protection (EP) Zone" to "(Holding) Agricultural Exception ((H) A-77) Zone" to permit the establishment of an organic waste composting and wood waste processing facility. To change the zoning on a portion of the subject lands from "Agricultural (A) Zone" to "Environmental Protection (EP) Zone" to protect the existing the woodlot on the site and a wetland restoration area. 1.5 Site Area: 24.7 ha of a 31 ha parcel 1.6 Location: 1848 Baseline Road, being Part Lot 27, Concession 1, former Township of Darlington, North of the St. Lawrence and Hudson railway and west of the unopened Hancock Road road allowance (see Attachment 1) 699037 REPORT NO.: PsD-082-06 PAGE 4 2.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 2,1 The subject lands form part of a larger 31 ha parcel owned by Miller that straddles the Courtice Urban Area boundary. The current aplJlications relate to the northern 24.7 ha which are located outside the urban area and are designated "General Agricultural Area", A significant portion of the subject lands are actively cropped. A large woodlot with a vegetated connection with the Tooley Creek valley to the west and a small woodlot to the east occupies the northern part of the site. The remaining lands are treed and contain a small wetland (see Attachment 2). The southern portion of Miller's lands (6.3 ha) lie within the Courtice Urban Area and are designated "General Industrial" and zoned "(Holding) General Industrial Exception ((H) M2-14)". This zone permits an asphalt plant, a ready-mix plant, and a concrete recycling plant. 2.2 SurroundinQ Uses North: South: Agriculture North of Baseline Road - Agriculture, St. Lawrence and Hudson Railway South of Baseline Road - Agriculture, light industrial uses, waste transfer station Unopened portion of Hancock Road road allowance, agricultural and woodlot Tooley Creek and associated valleylands, agriculture. East: West: 3.0 APPLICATION BACKGROUND 3.1 The original rezoning application submitted in December 2003 (ZBA 2003-055) proposed the establishment of leaf and yard waste composting facility. The processing of the application was held in abeyance due to the enactment of the Greenbelt Protection Act. With the final approval of the Greenbelt Plan area, these lands were identified as being outside of the Greenbelt. 3.2 After submission of the original rezoning application, Miller proposed to revise the proposal to expand the proposed uses to include the composting of other organic materials, the processing of wood products, and the sale of compost, soil blends, sand, gravel, soil enhancements and related wood products. These additional uses necessitated the applications to amend the Regional and Clarington Official Plans, which were filed in April 2005. As well, the original rezoning application was closed and a new application was opened. 3,3 The proposed composting facility is intended to serve Durham Region and the surrounding area. It would handle the following materials: 699038 REPORT NO.: PsD-082-06 PAGE 5 · Compost materials transported from the Miller compost facility in Pickering for final curing; · Residential leaf and yard waste; · Organic waste from the industrial, commercial and industrial (ICI) sectors such as food and beverage waste; · Waste wood from construction and demolition sites such as skids, and untreated and unpainted wood products. Miller proposes to sell the resulting compost materials as well as landscaping products in bulk for landscaping and agricultural purposes. 3.4 The site plan indicates active composting pads, a compost screening/ curing/storage area, water quality and quantity ponds, and a wood recycling area (see Attachment 3), 3.5 Access to the site will be from a proposed re-alignment of Hancock Road just east of where the railway crosses Baseline Road. Miller purchased the lands needed for the re-alignment of the road and have conveyed them to the Municipality. Originally, Miller had proposed to re-construct only enough of Hancock Road to provide access to the southern portion of their lands, from where an internal road would be used to access the composting facility. However, they have now agreed to reconstruct Hancock Road to municipal standards up to the edge of the urban boundary, with access to the compost facility being provided from the end of the upgraded road. 3.6 A number of technical studies have been submitted by the applicant and have been peer reviewed by a consulting team, with the review being funded by the applicant. These studies and the peer review are discussed in more detail in Section 7 of this Report. 3,7 Modifications to Proposed Official Plan Amendment and Rezonina 3.7.1 The statutory Public Meeting in respect of the proposed amendment to the Clarington Official Plan and Rezoning application was held on September 19, 2005. The draft Official Plan Amendment and Rezoning application considered at that time indicated that the subject lands were 24 ha. Since that time, the exact location of the urban boundary has been determined. As a result, the southern limit of the lands subject to the applications has been moved approximately 11 m southward. This relocation has added approximately 0.7 ha to the lands proposed for the compost facility. 3.7.2 This modification is considered to be minor and consistent with the intent of the proposed Official Plan amendment and Rezoning applications considered at the statutory Public Meeting. As such, a new Public Meeting is not required. 699039 REPORT NO.: PsD-082-06 PAGE 6 3.8 Other Applications 3,8.1 The proposed composting facility is defined as a 'Waste Processing Site - Composting" under the Environmental Protection Act. The applicant requires a Certificate of Approval from the Ministry of the Environment. 4.0 CONFORMITY WITH PROVINCIAL POLICY STATEMENT 4.1 The Provincial Policy Statement (PPS) defines a waste management system as including a recycling facility. A composting facility is to be considered a waste management facility for determining compliance with PPS. Waste management systems are to be of an appropriate size to accommodate present and future requirements and are to facilitate, encourage and promote reduction, reuse and recycling objectives. 4.2 Prime agricultural areas are to be protected for long-term agricultural use. Land may be removed from prime agricultural areas for limited non-residential uses provided that the land is not used for specialty crops, there is a demonstrated need for additional land to accommodate the proposed use, there are no reasonable alternatives that would avoid prime agricultural areas, and there are no reasonable alternative locations on lower priority agricultural land. 4.3 The PPS also states that the diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Natural heritage systems can include lands that have been restored and areas with the potential to be restored to a natural state. 5.0 OFFICIAL PLAN CONFORMITY 5.1 Durham Reoion Official Plan 5.1.1 The subject lands are designated "General Agriculture" in the Regional Official Plan. Lands in this designation are intended to be used primarily for farming and farm-related purposes. The proposed organic waste management and wood waste processing facility is not a permitted use in this designation and thus an amendment to the Regional Official Plan is required. 5.1.2 The applicant has proposed to amend the Regional Official Plan by adding the following policy: "Notwithstanding Section 12.3.6, the following use has been considered by amendment to this plan and is permitted: 699040 REPORT NO.: PSD-082-06 PAGE 7 i) a composting and wood waste processing facility with retail sales of compost, soil enhancement and related wood products on a parcel of land located north of Baseline Road, west of Hancock Road identified as Assessment No, 18-17-010-050-04325-0000, former Township of Darlington, Municipality of Clarington". 5,1.3 As discussed in Section 1 0, staff do not consider the retail sale of materials not produced at the site as an accessory use to the compost and wood waste processing facility. The Region is therefore being requested to revise the proposed amendment to its Official Plan to only permit the bulk wholesale of materials produced on-site as an accessory use. 5,1.4 Regional Staff Report 2006-P-39, considered by Regional Planning Committee on April 25, 2006, has proposed to extend the boundary of the Courtice Urban Area eastward to Hancock Road through the Review of the Regional Official Plan. The lands extending from the existing southern urban boundary northward to Bloor Street, including the subject lands, are proposed to be redesignated as "Employment Area", 5.2 ClarinQton Official Plan 5.2.1 The Clarington Official Plan designates the subject lands as "General Agricultural Area". Lands so designated are to be used primarily for farm and farm-related uses. A portion of the lands are designated "Environmental Protection" in recognition of Tooley Creek and its associated valleylands. The Official Plan also identifies the proposed Highway 401 - 407 highway connector as being located to the east of the subject lands. . 5.2.2 A Future Grade Separation at the Hancock Road/Baseline Road intersection to address the St. Lawrence and Hudson Railway which crosses Baseline Road at this location. 5.2.3 Tooley Creek is identified as a "Coldwater Stream" and its valley as "Significant Valleylands". The large woodlot located in the northern portion of the site and the small wooded area in the central portion are identified as "Significant Woodlands". The large woodlot is part of a larger wooded area identified as "Significant Woodlands" that extends to the east and to the west to connect with the Tooley Creek valleylands. 5,2.4 The proposed composting facility is not permitted in the General Agricultural designation, As such, the Official Plan needs to be amended to permit the proposed use as an exception. 699041 REPORT NO.: PSD-082-06 PAGE 8 6.0 ZONING BY-LAW COMPLIANCE 6.1 Most of the subject site is zoned "Agricultural (A)" in By-law 84-63. The proposed composting facility is not a permitted use in this zone.. An am0ndment to By-law 84-63 is required to permit the proposed composting and wood waste processing facility . 6,2 The lands associated with Tooley Creek are zoned "Environmental Protection (EP)", However, the "EP" zone on these lands reflects an expanded Regional Storm floodplain created by the backup of stream flow and floodwater at the railway that abuts the southern boundary of Miller's lands. Miller has indicated that they have initiated, discussions with the St. Lawrence and Hudson Railway to install a culvert under the rail line to facilitate the conveyance of stream flow and storm water from their lands, Once this work is completed, no portion of the subject site will be restricted by the Regional Storm floodplain and Miller will be able to submit an application to lift the Holding symbol on the balance of the Agricultural Exception Zone, allowing them to expand their compost operations. However, the stormwater management ponds will remain within the "EP" zone. 6.3 Miller has not been able to advise the Municipality as to when they expect the necessary work on the railway's lands to be completed. It should also be noted that the expanded floodplain also affects the southern portion of Miller's lands currently zoned ((H) M2-14)". 6.4 The woodlot in the northern part of the site will be rezoned to "EP" in recognition of its identification in the Official Plan as a "Significant Woodland". However, the wooded and wetland areas in the central portion of the site are proposed to be removed to facilitate site operations. As compensation, a substantial buffer is being provided around the northern woodlot to protect it and to increase its habitat value, and a wetland area is being created on the northern edge of the woodlot. 7.0 TECHNICAL STUDIES 7.1 A number of studies have been submitted in support of the subject applications and have been peer reviewed by an independent consulting team funded by the applicant. These studies and the results of the peer review are discussed below. 7.2 Traffic Impact Study 7,2.1 The Traffic Impact Study indicated that the current average daily traffic on Baseline Road at Hancock Road is 2,180 vehicles, The existing intersections at Hancock/Baseline and McKnight/Baseline were found to operate at overall Service Level A (excellent) during the morning and evening peak hours, 699042 REPORT NO.: PsD-082-06 PAGE 9 7,2,2 Future background traffic without the proposed development for the years 2010 and 2015 was also determined. To maintain a conservative approach, a 2% per year traffic growth for the next 5 to 10 years was applied to key movements at the McKnight and Hancock Road intersections with Baseline Road. In 2010, the Hancock and McKnight intersections with Baseline Road are anticipated to operate at Service Level A, and at Service Level B (good) or better in 2015. 7.2.3 The study noted that trucks at a compost facility typically arrive and depart at a constant rate. During the peak fall months of October and November, a total of 56 truck trips per hour (28 trucks inbound and out-bound) are expected to occur. With the development of the proposed compost facility, all movements at the Hancock and McKnight Road intersections are expected to continue to operate at Service Level A in 2010 and 2015, with the exception of the southbound left turn movement from Hancock, which is expected to operate at Service Level B. 7,2.4 The study noted the at-grade rail crossing on Baseline Road lies approximately 6 m west of the Hancock Road allowance (edge of road to nearest rail). The crossing is controlled by flashing lights and gates, because both Hancock Road and McKnight Road are less than 30 m to the nearest rail. Approximately 10 - 15 trains per day cross at this location. The study noted that Hancock Road will be re-aligned to intersect Baseline Road 20 m to the east to facilitate access to the proposed compost facility. 7.2.5 Based on the projected daily traffic of 2,900 and 3,400 vehicles for 2010 and 2015 respectively, and the continuation of the current level of train activity, the rail crossing at Baseline Road will not require a grade separation. As well, the relocation of the Hancock Road intersection will be sufficient to accommodate one tractor-trailer making a left turn onto Hancock Road from Baseline Road without encroaching onto the tracks. 7.2.6 The study concluded that the development of the compost facility will have minimal impact of overall traffic operations and the level of service at the Hancock and McKnight Road intersections on Baseline Road. Peer Review Comments 7.2.7 The peer review report agreed with the methodolology and conclusions of the traffic impact study. 7.3 Environmentallmoact Study 7.3.1 The Environmental Impact Study noted that the most prominent feature is a 7,5 ha mature deciduous woodlot in the northern portion of the site which shows evidence of some logging activity. A single butternut tree, which has been designated as endangered, is found in the woodlot. As well, the woodlot supports a number of breeding bird species that can survive in edge habitat or small woodlots. Other bird species more typical of larger forest blocks were also 699043 REPORT NO.: PsD-082-06 PAGE 10 found, likely the result of the presence of a larger area of surrounding forest. The woodlot is connected to the Tooley Creek valley to the west and a forest block on the east side of Hancock Road. 7,3,2 Much of the rest of the site has been disturbed, with about half of the lands being actively cultivated. A 4 ha block containing a small unevaluated wetland surrounded by early successional vegetation is located in the southeast portion of the property, However, standing water is only seasonally present and therefore this feature does not harbour any wetland dependent wildlife. A very large mature sugar maple, approximately 25 m high, located in the central portion of the site, is also noteworthy. 7.3.3 The development of the proposed compost facility will result in the removal of the small wetland and the large sugar maple. However, the applicant has agreed to provide a vegetated buffer zone on the south side of the woodlot to protect the woodlot. This buffer is up to 40 m wide in places and will increase the effective size of the woodlot from 7.5 ha to 9.4 ha. Fencing will also be erected around the woodlot to protect if from composting operations and the farm operation to the north. To compensate for the loss of the small seasonal wetland, the applicant has also agreed to create a wetland habitat adjacent to the woodlot in the northeast corner of the site. As well, a vegetated buffer will be established along a portion of the west boundary of the site to protect Tooley Creek and its valleylands from the effects of site operations. . Peer Review Comments 7.3.4 The peer review indicated that the Environmental Impact Study provides a comprehensive assessment of the potential impacts of the compost facility on the environment. They concluded that the Study addresses all potential impacts to environmental features on and adjacent to the site. 7.3.5 In particular, the peer review report noted that a significant portion of the site has been committed for protection of the woodlot and the Tooley Creek valley, with buffers established along these sensitive features. The restoration plan includes the creation of a series of pocket wetlands to offset the loss of the existing wetland and landscaping of all buffer zones using both on-site and new plantings. Operational protocols have been proposed to minimize potential noise impacts to wildlife. For example, to minimize the impact on breeding birds in the spring, the use of the grinder will be restricted during the key early morning hours to avoid drowning out bird song and interfering with mating. 699044 REPORT NO.: PSD-082-06 PAGE 11 7.4 Air Quality Impact Report Odour Impacts 7.4.1 Two on-site activities were identified as significant odour sources - the compost screening, curing and storage area, and the active composting pad, It was noted that the perception of odour is very subjective and is influenced by such factors as frequency, intensity, duration, offensiveness, and location. For example, odours associated with composting are considered "earthy/woody" and therefore may not be considered offensive by rural residents. 7.4,2 Conservative (i.e. worst) odour emission estimates were calculated based on information and test data available from similar composting facilities, although it was recognized that the study cannot account for the specific operations at the proposed site. Modelling indicated that the currently accepted Ministry of Environment compliance criterion of I odour unit may be exceeded on occasion at sensitive receptors near the site, but at less than 1 % of the time. However, the study noted that, due to Miller's extensive operational experience at other compost facilities, significant odour impacts on area receptors are not expected. Dust Impacts 7.4.3 On-site activities identified as sources of fugitive dust were vehicular traffic on paved and unpaved roadways, and the wood chipper/grinder located in the wood recycling area, The study indicated that currently accepted Ministry of Environment compliance criteria for airborne particulate will not be exceeded off of the subject property, and no adverse dust impact on area receptors is anticipated. Nevertheless, Miller has committed to developing and implementing a Best Management Plan to address fugitive dust from the site. Peer Review Comments 7.4.4 The major concern raised in the peer review was that the input data for the odour analysis may not have been as conservative as warranted, and that the odour impact could potentially be more than twice that predicted. The peer reviewer recognized the inherent uncertainties in predicting the level of odour at source, how these odours will disperse in the atmosphere, and how people will detect or perceive these odours. It was agreed that further modelling would not alter the conclusions of the Air Quality Impact Study and that Best Management Practices and good operational practices are the best approaches to mitigating these potential effects. 7.4,5 The peer reviewer indicated he is comfortable with the results of the air quality assessment for both odour and dust, and noted Miller's commitment to preventing adverse effects. Documentation provided by Miller illustrates how they plan to institute Best Management Practices to prevent air quality impacts. 699045 REPORT NO.: PSD-082-06 PAGE 12 For example, compost windrows will not be turned during poor atmospheric conditions to minimize odour, and roadways will be watered to minimize dust. As well, Miller has agreed to implement a community liaison strategy to respond to public concerns, and will train their staff in applying Best Management Practices to the facility. The peer reviewer also noted Miller's extensive experience in operating compost facilities and the absence of odour problems at their other sites. 7,5 Noise Impact Report 7.5.1 The Noise Impact Report noted that the background noise environment in the area of the proposed compost facility is dominated by road traffic noise on Baseline Road and Highway 401, Noise on the site will be generated by a grinder, screener, windrow turner, and several loaders. The facility will typically operate 12 hours a day (7 a,m. - 7 p,m,), and occasionally with reduced activity in the evening with only the screener and a loader running. The key receptor was identified as a single family residence located approximately 550 m south of the facility. 7.5.2 A noise propagation model was created for the study and included the effects of distance attenuation, atmospheric absorption, and acoustic shielding due to the stockpiles on-site. The study concluded that the facility will satisfy the Ministry of Environment's daytime sound level limits at the key receptor to the south, provided stockpiles are appropriately located to provide full shielding for each noise source except for the windrow turner and that the minimum stockpile height of 2.8 m is maintained. It was recommended that an acoustic consultant conduct a site layout inspection before stockpiles are formed, and that operating procedures be established to ensure that a minimum stockpile height is maintained. Peer Review Comments 7.5.3 The peer review of the noise study identified several instances where more conservative data would have been preferable given the noise sources, the height of noise sources, the characteristics of the noise produced (tonality, impulsive), the desirable heights of the compost stockpiles for noise screening, and the location and number of off-site receptors. Additional information provided by the study author and Miller confirmed that the noise modeling was done according to good practice and that the addition of more conservative parameters would not significantly alter the noise levels at potential receptors. The applicant has agreed to maintain compost stockpiles at a minimum height of at least 2.8 m and (on a best efforts basis) to maintain stockpile heights at or greater than 3.5 m to provide additional noise shielding. Miller has also agreed to institute on-site training, and to post signs to minimize impulsive noise (eg. tailgate slamming, dropping of metal bins) generated by delivery trucks. 699046 REPORT NO.: PsD-082-06 PAGE 13 7.6 Baseline Water Quality and Phase 1 Environmental Site Assessment 7,6.1 The peer reviewer agreed with conclusions of these two studies that there is no evidence of any sources of lingering contamination on the site. Further, there are no present or past land uses that would constitute a recognizable environmental concern. As a pro-active measure, Miller proposes to conduct groundwater monitoring in the wells on site and at two locations on Tooley Creek for a period of two years to provide a record of water quality. 7.7 Stormwater Manaoement Report 7.7,1 Two stormwater ponds are proposed to be developed in the southwest corner of the subject lands adjacent to the Tooley Creek valley, Tooley Creek is a cold water fishery and as such will require an enhanced level of protection from pollutants in storm water runoff. The ponds have been sized to accommodate runoff from both the compost site and the southern portion of Miller's property, which is zoned for the development of an asphalt plant, a ready-mix plant, and a concrete recycling plant. 7.7.2 Pond 1 will capture all of the nutrient rich runoff from the composting areas up to and including a 100 year storm event, and the water will be regularly pumped and sprayed back onto the windrows to maintain an adequate moisture content in the composting materials. Pond 1 is designed to maintain a minimum water storage level to ensure adequate water for fire-fighting purposes. 7.7.2 Pond 2 is intended to collect and provide enhanced water quality treatment for the runoff from the balance of Miler's lands, specifically the parking and maintenance area, weigh scales, access areas and the industrial site to the south. Any overflow from Pond 1, such as during a greater than 100 year storm, is designed to discharge to Pond 2. If both ponds are at capacity, overflow from Pond 2 will be conveyed to Tooley Creek. 7.7.3 A plan has been developed to address the potential thermal impacts on Tooley Creek from pond discharge. Both ponds will be fully landscaped and planted to shade the ponds and conveyance channels. As well, both the temporary and permanent channels will be rock-lined channel with under-drains to provide cooling of stormwater flows. Peer Review Comments 7.7.4 Most of the peer review comments related to the timing of the construction of the two stormwater ponds, the areas that drain into them, and their functions. The peer reviewer concluded that the stormwater management plan will function as intended. It was also concluded that the pond design will protect the cool/coldwater fish community in Tooley Creek (including potential thermal 699047 REPORT NO.: PsD-082-06 PAGE 14 impacts), and will address water quality and water quantity issues to meet Ministry of Environment standards, 7.8 Plannina Justification Report 7,8.1 The applicant submitted a report to address the requirements of the Provincial Policy Statement (PPS) and the Clarington Official Plan. The PPS requires justification to be provided for the removal of land from a prime agricultural area for a non-agricultural use, while Section 23.2.5 of the Official Plan sets out general criteria to be addressed in the review of privately - initiated amendments. These include conformity to the principles, goals and objectives of the Plan, the suitability of the location of the proposed use, and compatibility with existing and planned uses in the surrounding area, 7.8.2 The report indicates that the proposed compost facility is consistent with both the PPS and the Clarington Official Plan. It provides needed waste management infrastructure and supports the 3Rs (waste reduction, re-use and recycling) by diverting organic material from disposal. As well, the site is considered suitable for the proposed use. No large buildings are proposed and the outdoor nature of the composting operation would make it compatible with other agricultural uses. The subject site is not a specialty crop area and the soils on a large portion of the site are not suitable for agriculture. The only improvement to supporting infrastructure required is the realignment and reconstruction of Hancock Road, which is being paid for by the applicant. The report also notes that, given the development constraints imposed by the Oak Ridges Moraine Plan and the Provincial Greenbelt Plan, it is becoming increasingly difficult to locate facilities of this nature in the rural area. 7.8.3 The report also addresses the proposed revisions to the Regional Official Plan to extend the eastern boundary of the Courtice Urban Area to Hancock Road, and to change the designation of the subject site and adjacent lands to "Employment Area". The report noted that the proposed redesignation is a further justification for the proposed compost facility to proceed in this location. The proposed use is compatible with the current agricultural and industrial uses in the area and may very well comply with the eventual Official Plan designation. The compost facility could be considered an appropriate interim use of these lands until such time as the extension of urban services permits the eventual redevelopment of the site to a higher order industrial use. 8.0 AGENCY COMMENTS 8.1 Ministry of Municipal Affairs and Housina 8.1,1 The Ministry indicated that the proposed development is in keeping with the province's goal of encouraging and promoting reduction, reuse and recycling objectives, and increasing Durham's minimal local disposal capacity. However, 699048 REPORT NO.: PsD-082-06 PAGE 15 a needs justification study and an alternative locational analysis are required to justify the redesignation of prime agricultural lands for a non-agricultural use. Studies to address potential environmental, noise and odour impacts are also to be submitted, 8,1,2 It must be demonstrated that groundwater and any water wells in proximity to the site will be protected. If groundwater is to be used by the compost processing facility and greater than 50,000 litres per day is required, a Permit to Take Water will be required from the Ministry of Environment. 8,1.3 The PPS requires stormwater management practices to minimize stormwater volumes and contaminant load, and to maintain or increase the extent of vegetative and pervious surfaces. If there is off-site discharge from these ponds, an approval under the Ontario Water Resources Act will be required. 8.2 Ministry of Transportation 8.2.1 The Ministry indicated the subject lands are located in proximity to the previously recommended route for the East Durham Highway 401 - 407 connector. They originally requested that a decision on the re-alignment of Hancock Road be deferred. The Ministry subsequently removed this deferral request, noting that reasonable access to the Miller site can only be achieved through the construction of a municipal road that requires a re-alignment to Hancock Road at Baseline Road. However, they also noted that the direct impacts of the 407 project on the proposed re-alignment of Hancock Road cannot be determined at this time, and that future issues may need to be addresse~ as the project proceeds. 8.3 Ministry of Culture 8,3.1 The Ministry reviewed the archaeological assessment reports submitted. in support of the subject applications. They concluded that the composting facility may proceed with no further archaeological assessments and that the subject lands are free from further archaeological concerns at this time. 8.4 Reoion of Durham 8.4.1 The Region of Durham Planning Department advised that an application to amend the Regional Official Plan had been submitted by Miller Paving to permit the proposed compost facility, and that the application to amend the Clarington Official Plan would require the approval of the Region. 8.4.2 The Region of Durham Health Department has indicated no objection to the approval of the subject applications. However, a sewage disposal design will be required for the site plan. 699049 REPORT NO.: PsD-082-06 PAGE 16 8,5 Central Lake Ontario Conservation Authoritv 8.5,1 The Conservation Authority noted the potential for the stormwater ponds to impact the cold water fishery in the adjacent Tooley. Creek thlough warm water discharge during summer periods, and requested information how these impacts will be prevented. 8,5.2 The design of the stormwater ponds must be revised to meet Ministry of Environment guidelines. This should include information on the amount of active storage and permanent storage proposed in both ponds. More detailed information on the flood flow calculations is also required. 8,5.3 The Authority's concerns regarding thermal impacts and pond design were resolved through the peer review process. 8.6 ClarinQton EnQineerinQ Services Department 8.6.1 Development of the proposed facility will require the applicant to enter into a development agreement with the Municipality for the construction of Hancock Road to the Courtice urban boundary. The applicant will be responsible for all costs associated with the required road construction, including road construction, pavement, drainage facilities, ditches, illumination, signage, utility relocation, and the construction of a suitable turning circle. The final requirements for the road will be determined by the Director of Engineering at the engineering approval stage of the development process. 8.6.2 The conflict between the future grade separation at this location and the upgrading of Hancock Road must be resolved prior to the development proceeding. 8.6.3 A Grading and Drainage Plan must be submitted that details the on-site stormwater system and the conveyance of overland flow from the subject lands. All drainage must be directed to a suitable location. 8.6.4 An appropriate cash contribution in lieu of parkland dedication must be provided. 8.7 ClarinQton EmerQency Services Department 8.7.1 The Emergency Services Department noted the limited number of buildings proposed to be constructed on the site. They have indicated agreement in principle with the applicant's proposal to use water from one of the storm water ponds for fire-fighting purposes, with specific details to be approved through the Site Plan Approval process, 699050 REPORT NO.: PsD-082-06 PAGE 17 8,8 Other Aqencies 8,8.1 St. Lawrence and Hudson Railway and Hydro One Networks have not submitted comments on the subject applications, 9.0 PUBLIC SUBMISSIONS 9.1 A number of area residents and businesses have expressed concern with the proposed establishment of the organic waste composting and wood waste processing facility, These concerns are summarized below. 9.2 Potential odour problems with the proposed facility have been identified as a concern, It was noted that odour is a problem at other compost facilities, often causing personnel from nearby businesses to leave work, and that businesses affected by employee absences should be compensated. The use of an open- air facility which uses low cost technology was questioned, given the fact that other compost facilities, including Miller's facility in Pickering, are fully enclosed. 9.3 The increased volume of truck traffic resulting from the establishment of the proposed facility was also cited as a concern, The geometrics of Baseline Road in this area, including the proximity of the Hancock/Baseline intersection to the at-grade railway crossing, could complicate the safe movement of traffic. The truck traffic to and from the existing waste transfer station on the south side of Baseline Road was also noted. 9.4 Other potential impacts identified include vermin and seagulls, litter blowing from the site, the possible contamination of area wells, incompatibility with the adjacent industrial area, and the negative impact on property values in the area. Questions were also asked about the type and source of the organic material that would be accepted at the facility, and whether there would be daily monitoring at the site to ensure compliance with the Certificate of Approval. . 1 0.0 STAFF COMMENTS 10,1 Miller has a 10 year contract with the Region of Durham, commencing on July 01, 2006, for the processing of organic waste such as domestic kitchen waste and other materials to be collected through the Region's "green bin" program. The diversion of these organic materials from landfill is a major component of the Region's waste management strategy through which they expect to divert upwards of 60% of the waste generated in the Region. 10.2 The organic waste will first be transported to Miller's indoor facility in Pickering for the initial stages of the composting process. The highly odorous stage of the compost process will take place in this enclosed facility. The processed compost 699051 REPORT NO.: PsD-082-06 PAGE 18 will then be trucked to the proposed composting facility in Clarington for final curing, A limited amount of leaf and yard waste, as well as wood waste, will be added to improve the consistency of the compost. The final curing process takes between 6 and 9 months, During the peak fall perioq, the faG~lity will receive up to 4,200 tonnes per week. 10,3 The proposed facility has the potential to create noise, odour and other nuisance impacts. However, as noted in the technical studies and confirmed through the peer review, these impacts are most appropriately addressed though the operational procedures used at the site, In this regard, Miller has committed to developing and implementing Best Management Practices for the site based on their experience with other similar facilities, These will include limiting odour impacts by not turning the compost windrows during periods of poor atmospheric conditions, and locating and maintaining stockpiles to optimize noise attenuation. Miller has also agreed to implement a community liaison strategy to respond to public concerns. 10.4 A Certificate of Approval under the Environmental Protection Act is required in order to operate the compost facility. The Ministry of the Environment will circulate the application to the Municipality, the Region, and surrounding property owners for comment. Through this commenting process, the Municipality can request that appropriate conditions be imposed on the operation of the facility. Miller -has indicated that conditions imposed on some of their other facilities include: · Defining the type and tonnages of feedstocks that can be received at the facility, and requiring annual reports on materials received and disposed of; · Establishing protocols for monitoring groundwater conditions and sampling for finished product quality testing; · Restricting hours of operation; · Establishing a Complaints Response Procedure that would outline the steps to be taken if any complaints are received. This can include notifying the Ministry of any complaints, maintaining a complaints log, and documenting any actions taken to address complaints; · Outlining measures for the control of nuisance impacts, such as odour, dust, noise and litter. 10.5 The Municipality will also be able to control other aspects of site development through the Site Plan Agreement. These will include the provision of vegetated buffers along the east and west property lines to provide visual screening of the facility, the establishment of vegetated buffers along the southern edge of the woodlot and fencing around the entire woodlot to protect it from equipment 699052 REPORT NO.: PsD-082-06 PAGE 19 damage, the landscaping of the stormwater ponds, and the creation of new wetland habitat in the northeast corner of the site, Miller will also enter into an agreement with the Municipality for the upgrading of Hancock Road and the relocation of the intersection with Baseline Road, Miller has agreed to establish a community relations committee, to include local business representatives and residents. 10,6 The woodlot on-site, as well as the buffers on the south side, will be rezoned "Environmental Protection (EP)" in order to ensure its protection. Miller currently has an active Woolot Management Plan for these lands and CLOCA has requested that the buffers be aggressively managed in the initial years to prevent the establishment of invasive species. In light of the management requirements for the woodlot over the next few years, there would be no benefit to the Municipality in acquiring the woodlot at this time, However, the registering of a Conservation Easement on title would ensure that the woodlot is properly managed in perpetuity at no cost to the Municipality, The wording of the Easement could be modeled on that used by the Toronto Region Conservation Authority, As well, this would not preclude the Municipality from requiring the dedication of the woodlot at such time in the future as the property redevelops. The applicant has agreed to having a Conservation Easement registered on title. 10,7 With respect to the location of the proposed facility, Staff agree with the applicant that, given the land use restrictions imposed by provincial legislation, there are limited areas available for waste diversion facilities to establish. The low intensity outdoor nature of the compost facility makes it more suitable for a rural area than an urban area, However, the proposed compost facility may not be an appropriate use should the area eventually be included in the urban area and developed for more intensive industrial uses. Nevertheless, the Municipality is compelled to deal with the application in the current policy framework provided in the Regional and Clarington Official Plans. 10.8 A final point relates to the applicant's request to permit the retail sale of compost, soil blends, sand, gravel, soil enhancements and related wood products. Staff have advised Miller that the retail sale of materials not produced on-site would not normally be considered as an accessory use to a compost facility. The Official Plan amendment and zoning by-law will therefore only permit the bulk wholesale of compost and other materials produced on-site as an accessory use to the organic waste and wood waste processing facility. The applicant has agreed to this change. 11.0 CONCLUSION 11.1 The proposed amendment to the Clarington Official Plan to permit the proposed organic waste and waste wood processing facility, once adopted by Council, will be forwarded to the Region of Durham for approval. The proposed zoning by-law will come into effect at such time as the appeal period for the corresponding 699053 REPORT NO.: PsD-082-06 PAGE 20 Regional Official Plan amendment expires. The applicant can apply to lift the Holding symbol on a portion of the lands subject to normal requirements, including the execution of a Development Agreement with the Municipality. The Holding symbol on the remainder of the site cannot be lifted until an additional culvert is constructed under the adjacent rail line and the Regional Storm flood line on the property is reduced. Attachments: Attachment 1 - Site Location Key Map Attachment 2 - Air Photo Attachment 3 - Conceptual Proposed Site Plan Attachment 4 - Proposed Amendment No. 49 to the Clarington Official Plan Attachment 5 - By-law to Adopt Amendment No. 49 to the Clarington Official Plan Attachment 6 - Proposed Amendment to By-law 84-63 Interested parties to be notified of Council's decision: Tom Jones Mike Kopansky Catherine Dowling John and Roxy Barnes Lou Casha Bill Patterson Fred Biesenthal Ibi Igracki Marlene and John Waters 699054 Attachment 1 To Report PSD-082-06 .. c CI) E " c CI) ('I) E oe( o c I C'IS ~ii: ~C; <C~ Q.lt: 00 o c .s CD c "C C'IS o .. c CI) E " c CI) an E gee I C an.!! go. N C'IS <C 'u Q.iE 00 a::C; C .2 CD CI) a:: I- Z W ::E c ......z NW o::! Ie( an ~~ ~~ NC) z - z o N - Gl U :e ::l c ~ C. IV :i c c ;; IV U C ...I ~ Gl C. C .. Q. CD c '> C'IS 0. I.. J! :E ~ CI) C ~ o ~3.:l.:ln8 15V3 , --- a fIJN II; SIl71 - 3OIMIlm\' - - s-- avo~ >1.:>0:> NV H ",.. -- .1.V" < . 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" . , , ." o yO- " " o ~3.::I.:In8 153M ~ 699055 AMENDMENT NO. 49 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipalitv of Clarington to permit the establishment of an organic waste composting and wood waste processing facility, with limited bulk sales of compost and soil enhancers produced on-site, in Part Lot 27, Concession 2, former Township of Darlington, 1848 Baseline Road, as an exception within the "General Agricultural Area" designation. BASIS: This amendment is based on an application submitted by Miller Paving Limited to amend the Official Plan of the Municipality of Clarington to the proposed use. Technical studies submitted by the applicant and peer reviewed by independent consultants have demonstrated that the proposed facility can be operated with minimum impact on the natural environment and in a manner that will be compatible with agricultural, residential, and industrial uses inthe surrounding area. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by adding the following new sub-section: "23.14.6 Notwithstanding Section 13.3.3, an organic waste composting and wood waste processing facility shall be permitted on lands designated "General Agricultural Area" in Part Lot 27, Concession 1, former Township of Darlington. The bulk wholesale of compost and other materials produced on-site is permitted as an accessory use. " 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. 699056 Attachment 2 To Report PSD-082-06 Z cQ ZI-< ::S~W 1-00:: WI-< I ~~ ..... N o o I an o o N c( m N .... o c o ;; ra (.) o ..J C) c "i o .s::. tn o ~ o .s::. D.. o .s::. 1:: o an o o N "'T ;}.~o:.('\": q 2D'~\'" 0-.] ".,,\1'1 WETLAND , ~ESTORA TION AREA -- i .1 I~ '\ PART '\. PART 1, PlAN 10R - 1101 FENCED WOODLOT 0:: ~'" lL.. :::> a:l r- (J) w ~ I ~ .':.0+ ;) ... .. 1:-. + 0 r ~ Q <( .. IUH ,art - 1801 -0 ~ ~: 0:: I!! '" 9 Z Q- - ' 0-1 i OU ~ t ~ .u ~u .0 '" CD ACTIVE COMPOST w .. . U 0:: 0:: :Z w PAD fie:( i lL.. "'''' I lL.. PART ZZ :::> 515 CD wZ . ~ r- U- , (J) wO:: < 0::'" ~ <( 0 W lII: 001.. '''' -,.., SCREENING, CURING AND STORAGE +0 N ::E N 0:: .1 w l~ I a:l FUTURE COMPOST PAD '\ () . .~ .. '. j .... " ,- n I 0 ...J PAR T k = STORM WATER . PONDS ; I , .." EXISTING REGIONAL STORM FLOODLlNE .." OTHER LANDS OWNED BY MILLER ~~ =. PAR T . I + () A (, .. '. " .oJ I ~ " oo~. .. .., .. .. , BASELINE ROAD ROAD AlLOWANCE BETWEEN BROKEN FRONT CONCESSION AND CONCESSION 1 Conceptual Site Plan Auacnment j To Report PSD-082-06 699058 Attachment 4 To Report PSD-082-06 AMENDMENT NO. 49 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit the establishment of an organic waste cornposting and wood waste processing facility, with limited bulk sales of compost and soil enhancers produced on-site, in Part Lot 27, Concession 2, former Township of Darlington, 1848 Baseline Road, as an exception within the "General Agricultural Area" designation. BASIS: This amendment is based on an application submitted by Miller Paving Limited to amend the Official Plan of the Municipality of Clarington to the proposed use. Technical studies submitted by the applicant and peer reviewed by independent consultants have demonstrated that the proposed facility can be operated with minimum impact on the natural environment and in a manner that will be compatible with agricultural, residential, and industrial uses in the surrounding area, ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by adding the following new sub-section: "23.14.6 Notwithstanding Section 13.3,3, an organic waste composting and wood waste processing facility shall be permitted on lands designated "General Agricultural Area" in Part Lot 27, Concession 1, former Township of Darlington, The bulk wholesale of compost and other materials produced on-site is permitted as an accessory use. " 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. 699059 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to adopt Amendment No. 49 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; AND WHEREAS the Corporation of the Municipality of Clarington has reviewed COPA 2005-003 and deems it advisable to amend the Clarington Official Plan to permit the establishment of an organic material composting and wood waste processing facility as an exception within the "General Agricultural Area". NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 49 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 after the last day of appeal. 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 Attachment ::> To Report PSD-082-06 699060 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to amend By-law 84-63, as amended, 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 applications COPA 2005-003 and ZBA 2005-027; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4, " SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE is hereby amended by introducing a new Subsection 6.4.77 as follows: "6.4.77 AGRICUL TURALEXCEPTION (A-77) ZONE Notwithstanding Sections 6.1.b) and 6.3, those lands zoned A-77 on the Schedules to this By-law, shall only be used for an organic waste composting and wood waste processing facility, with the bulk wholesale of compost and other materials produced on-site permitted as an accessory use. The following special zone regulations shall apply: i) Height of topsoil berm (minimum) ii) Width of topsoil berm (maximum) iii) Width of interior vegetated buffer (minimum) iv) Width of exterior vegetated buffer (minimum) v) Height of compost stockpiles (minimum) vi} Gross Floor Area of all buildings and structures (maximum) 1 metre 35 metres 10 metres 15 metres 2.8 metres 3,400 square metres 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 - Agricultural Exception ((H) A-77) Zone" and "Environmental Protection (EP) Zone", as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing thereof, subject to the provisions of Section 24.2 of the Planning Act. BY -LAW read a first time this day of day of 2006 BY-LAW read a second time this 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Attachment E To Report PSD-082-0E 699061 " A" By-law This is Schedule passed this day to of ;m~c ,lLLO""'NC[ B(1'a(EH CONCESSIONS I AHC :2 ~ ,i -... I'.~ . , ilL 1 -J.~ d~1 11!l. ! 1 " . : , i John Mutton, Mayor Patti L. Barrie, Municipal Clerk BASEUNE ROAD ROAD AUOW"NCE BETWEEN BRCM:EN ,.RONT CONCESSION AhO CON~SSlON , , 2006- 2006 A.D. f222I Zoning Change From"N To "EP" f2Z2l Zoning Change From "A" To "(H)A-77" ~ Zoning Change From "EP" To "(H)A-77" 1"..".".,,1 Zoning To Remain "EP" BOWMANVILLE , vi .....j" 9062 Cl!Jlmgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, June 19, 2006 Report #: PSD-083-06 File No's: ROPA 2004-006 & COPA 2004-007 By-law #: Subject: APPLICATIONS BY A YT CORPORATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN AND THE CLARINGTON OFFICIAL PLAN TO PERMIT A LARGE FORMAT RETAIL CENTRE ON THE NORTH-WEST QUADRANT OF HIGHWAY 401 AND BENNETT ROAD, BOWMANVILLE RECOMMENDA TIONs: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-083-06 be received; and 2. THAT Council provide direction to staff on the AYT applications to amend the Clarington Official Plan (COPA 2004-007) and the Durham Regional Official Plan (ROPA 2004- 006). Submitted by: Dav . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: ranklin Wu, Chief Administrative Officer DJC/sn/df June 14, 2006 f CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 699063 REPORT NO.: PsD-083-06 PAGE 2 1.0 BACKGROUND 1.1 The A YT Corporation (A YT) owns lands located at the Bennett Road interchange of Highway 401 in Bowmanville, On the northwest quadrant of Bennett Road interchange is a 21.85 ha site (West Parcel), the subject site of the development proposal (see Attachment 1). On the northeast quadrant of the Bennett Road interchange, A YT owns a 23.15 ha parcel (East Parcel) outside of the Bowmanville Urban Area that is currently designated Prime Agricultural Area, 1.2 The applications to amend the Clarington Official Plan and the Clarington Zoning By-law were submitted on November 25, 2004, A related amendment to the Durham Regional Official Plan was also submitted. The purpose of A YI's application is to redesignate industrial land for use for large format commercial purposes. A YT originally proposed 540,000 square feet of retail and service floorspace. It was subsequently revised to propose 583,600 square feet of floor area, including a hotel and convention centre, a home improvement store and a warehouse membership club, 1,3 Through the course of the Commercial Policy Review, private development proposals provided two competing visions of where and how new commercial growth could be accommodated: Expansion of an Existina Mixed-Use Town Centre West Diamond Properties Inc. and Players Business Park Ltd. (West Diamond) and Halloway Holdings Inc. (Halloway) submitted applications that proposed the build-out and expansion of the BWMCA. This allowed for the growth and development of a mixed-use "town centre" with existing recreational, institutional and residential development that could accommodate some larger format stores. Creation of a new Sinale-Puf1Jose Retail Centre The A YT application provided for the establishment of a new large- format centre on the east side of Bowmanville near Highway 401. The provided for a single-purpose retail destination quite isolated from residential areas. 1.4 The Commercial Policy Review considered the A YT applications for large format retail uses at Bennett Road, The consultants retained by the Municipality do not support the approval of this development as part of the Municipality's commercial structure from both a market impact and land use planning perspectives. On June 27, 2005, staff submitted Report PSD-097-05 (Attachment 2), which recommended that the AYT applications to the Municipality be refused and it be recommended to the Region that the application to amend the Regional Official Plan be refused. The rationale for staffs position is contained in the Report PSD-097-05. At that meeting, Council referred the report back to staff, The report was reconsidered on July 15, 2005 Special Council Meeting and again referred back to staff, 699064 REPORT NO.: PSD-083-06 PAGE 3 1.5 The representatives of AYT made deputations verbally and in writing at various meetings that the consideration of their application would provide two public "benefits" to the Municipality, AYT indicated that they would attract a major hotel to the Bennett Road site and that they would contribute to the early extension of services to the east Bowmanville industrial lands. 1.6 At a Special Council Meeting on March 1 st, 2006, Council considered Report PSD-027- 06 on the Commercial Policy Review, In that report, staff provided an analysis of the proposed public benefit on the basis of the information received at that time concluded that there did not appear to be any public benefit in approving the application in order to advance the servicing of the industrial area or attracting a hotel and conference centre. In that report, staff again recommended the refusal of all of the A YT applications 1.7 In considering the staff report, Council, among other things, adopted Official Plan Amendments 43 and 44 (OPA 43 and OPA 44) to implement the Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review. Council refused the A YT rezoning application but referred the applications by A YT to amend the Durham Regional Official Plan and the Clarington Official Plan back to staff and provided direction that included the following: . Staff were directed to prepare a position in support of an urban boundary expansion for the other A YT lands on the north-east quadrant of Highway 401 and Bennett Road (East Parcel); . Staff were directed to bring forward an Official Plan Amendment to a public meeting that would redesignate the subject lands (West Parcel) to Prestige Employment; the East Parcel as a Special Policy Area that would permit large format retail uses after 2016 and to retain the Bennett Road interchange; and . Prior to a public meeting on the aforementioned Official Plan Amendment, staff were to conclude arrangements with A YT that would provide for the advancement of servicing to the industrial lands on the east side of Bowmanville. The full resolution of Council is provided on Attachment 3. 1,8 At this point in time, staff have not completed any arrangements with respect to the extension of services as requested in Item 19 of Resolution 110-06. The response from A YT representatives is detailed below. However, due to the Region's timing on the consideration of urban boundary expansions, staff requires further direction from Council. 2.0 APPEAL OF OPA 43 2.1 On April 4, 2006, in response to Council's adoption of OPA 43, A YT Corporation filed a Notice of Appeal of the Amendment (Attachment 4), The Notice of Appeal notes that OPA 43 is not consistent with the AYT applications and as a result they had requested Council "deal with the Commercial Policy Review, the development applications in West Bowmanville and with their own application at the same time so that the decisions on all 699065 REPORT NO.: PsD-083-06 PAGE 4 matters would be consistent." The appeal states that Council gave "staff direction on a go-forward plan for approval of the A YT development." The Notice of Appeal further states: "Approval of the AYT application must be reconciled with OPA 43 and any implementing zoning by-law. Some of the changes in OPA 43 as drafted would prohibit AYT development if left in the current form," 2.2 In further consideration of the matter, A YT's solicitor subsequently narrowed their appeal by letter dated May 26, 2006 (Attachment 5). The appeal applies to the following Sections of OPA 43: · Section 16 - An objective to discourage "auto-oriented building forms" · Section 21 - A new policy that indicates that no new Town or Village Centre, Highway Commercial District or expansion to any of these Centres or Districts will be permitted unless part of a comprehensive review of the Official Plan. The policy also encourages the development and intensification of the Bowmanville East and West Town Centres prior to designating new Centres or Districts. · Section 53 - Deletion of a policy that allowed retail warehouses by amendment to the Official Plan in Highway Commercial Areas · Section 58 - Deletion of a policy that allowed large-scale retail warehouses by amendment to the Official Plan for in Light Industrial Areas 2,3 A YT did not appeal Council's refusal of A YT's application to amend the Zoning By-law. 3.0 A YT'S RESPONSE TO COUNCIL'S RESOLUTION 3.1 Council's resolution addresses two separate but inter-related issues - the proposed amendments to the Official Plan and the developer's proposed public benefit arrangements related to the advanced servicing of the East Bowmanville industrial lands and its commitment to build a hotel. 3,2 The resolution of March 1, 2006 addresses lands owned by A YT on both sides of Bennett Road - the industrial lands within the Bowmanville Urban Area and the agricultural lands outside of the Bowmanville Urban Area. The resolution expresses Council's decision to retain the lands on the west side of Bennett Road as employment areas lands rather than designating them for large format retail uses, as proposed by the applicant. Council's resolution directs staff to prepare an amendment that would redesignate these lands from Light Industrial to Prestige Industrial. 3.3 Staff initially requested clarification from A YT of their support for the financial conditions related to the early servicing of the east Bowmanville Industrial lands. While there were many issues to be considered in detail, the A YT representatives referenced previous correspondence that required the approval of their applications or an agreed-to compromise. 3.4 More recently, on June 12, 2006, staff held a meeting with Sevario Montemarano from A YT, Peter Walker and Mary Freethely, planners for A YT. It was a cordial meeting but it was evident that Council's resolution of March 1 st, 2006 was not an acceptable 699066 REPORT NO.: PsD-083-06 PAGE 5 compromise. The proponents position is that an urban boundary expansion is highly speculative and that if it is not approved, then they are not advanced. The proponent's position is that retail commercial development should be permitted on the West Parcel or at least be able to "float" to the West Parcel in the event that the East Parcel is not incorporated into the urban area. However Council's position is quite clear that the West Parcel is to remain designated for industrial purposes in light of Council's Science and Technology Park initiative. 4.0 CONCLUSION 4.1 Council's resolution of March 151 2006 makes it clear that the proponent's application for large format retail uses is not acceptable on the West Parcel; it is to be retained for employment uses. It effectively denied the A YT applications as proposed. The proponents have advised that Council's Resolution #C 110-06 is not acceptable to A YT. Further, it is noted that A YT has appealed Council's decision on OPA 43 to the Ontario Municipal Board. 4.2 Given this situation, staff has not incorporated the urban boundary request in the Municipality's response to the Regional Official Plan proposed amendments for urban boundary expansions. 4.3 Staff is requesting further direction from Council. Attachments: Attachment 1 - Location Map Attachment 2 - Report PSD-097 -05 Attachment 3 - Resolutions #C-109-06 and C-110-06 Attachment 4 - Notice of Appeal from Peter Walker, planner for A YT Attachment 5 - Amended Notice of Appeal from Ira Kagan, solicitor for A YT 699067 REPORT NO.: PsD-083-06 PAGE 6 List of interested parties to be advised of Council's decision: Henry Joseph Ari Yasa Ron Worboy B. Westerman Bob Hann, Valiant Property Mgmt. John Vanderkooi Gwen Wallace Lyn Townsend, Lynda Townsend-Renaud Law Brent Clarkson, MHBC Planning Limited Heather Muir Carol Duffy Bruce Curl Jim and Suzanne Gregory Stan Stein, Osler Hoskin & Harcourt Todd Gibbon Bill Humber Linda Moore Ron Hooper George Kloos Richard Lange Leroy Clarke Ted Watson Hannu Halminen, Halminen Homes Limited Jennifer Stone, This Week Newspapers Brian O'Connor Richard Marchant David Butler, The Butler Group Inc, Peter Smith, Bousfields Inc, Bryce Jordan. G.M, Sernas Associates Carmela Cupelli Scott Houghton Nancy Lewis Maryann Fines E.C. Braham Sue Sedlak N. Gummon Otto Provenzano S. Fraser Bill Hinbert Doug Finnson and Terri Bickwell-Potts Duncan McPherson Trevor Small Ellen Cowan Peter Vogel Ray and Joyce Atkinson Margaret Zwart Ira Kagan, Kagan, Shastri, Barristers & Sol. Brian Fraser JI. " Mark Rowe Rudi Van Wijngaarden Paul & Anne-Marie Halliday John Huber James Scarth John and Lilian Bouma B. Haines Lilly 1. Hinton Mary-Ann Kalotai Diane James Costantine Bruno Richard Rekker Alan Vaillancourt Mavis Carlton Rick Hofstede The Greater Toronto Transit Robert DeGasperis, Metrus Properties Inc. Yolanda Gjaltema Marianne Zwyers Lakeshore Group Carmine Cupelli George Ibanez Lawrence Hellinga R. Tukker A. Sorg Bryan MacLean Linda Hallett and George loanidis Doug Woods Frank W, Lockhart J. Sproatt Mike Dome Celeste Terry, Durham Regional Planning Gail Rickard James Vinson Ian Smith Anthony Turnbull Evelyn Rosario Suzanne McCrimmon, Clarington Board of Trade Jim Russell John Shewchuk, Royal LePage Frank Real Estate Paul Wilson Philip Brent Peter Walker, Walker Nott Dragecivic Associates Limited Steve Zakem, Aird & Berlis LLP 699068 REPORT NO.: PsD-083-06 PAGE 7 Scott Arbuckle, Planning & Engineering Initiatives Ltd. David Crowell, A & P Properties Limited Terry and Phyllis Price Roslyn Houser, Goodmans LLP Rick Gay, Gay Company Limited Robert Bond Valentine Lovekin Gary Thertell Ron Stead Catherine Whyte Tenzin Gyaltsan, Newcastle IGA Ron Carlyle Beatrice & Ron Whyte Elliot & Joan Tremeer Eugene Dupuis Paul Mark, Petro Canada Andrea Gabor, Urban Strategies Inc. Murray Patterson Ernest Burnie Blair McEven Kevan Hoskin Jayne Salisbury Karen & Leon Devera Allan Frank Connie Gawley Ton & Sally Barrie Walter Schleiss 699069 Attachment 1 To Report PSD-083-06 Baseline Road (Future Access) ~.. Highway 401 .. L_-~-~ . . IMll)eWllap1Wlt1vea - 20.37 ha erA - :1:54,215 sq.m. ~MO 5q.ft. Lat CcMr8Qe - 26.ll"Jlo PII1dng Spaces ProvIcIecI - ~ 2.728 -- ~ ZBA 2004-055 Zoning By_law.Amendment COP A 2004-007 . Claring'ton. Official. Plan Amendment . . ROPA 2004-006 '. Regional Official Plan Amendment ~~l' . r~~;;, Owner: 1\ YTC~rporation 699070 Attachment 2 To Report PSD-083-06 Cl~pn REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, June 27, 2005 Report #: PSD-097-05 File #: COPA 2004-007 By-law #: and ZBA 2004-055 (X-ref: ROPA 2004-006) REVISED OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS TO PERMIT RETAIL COMMERCIAL, LARGE FORMAT RETAIL, AND HOTEL USES APPLICANT: AYT CORPORATION Subject: RECOMMENDATIONS: It is respectfully recommended that Council recommend the following: 1. THAT Report PSD-097-05 be received; 2. THAT the application submitted on behalf of AYT Corporation to amend the Clarington Official Plan to permit a large format retail complex with approximately 54,215 square metres of total gross floor area at the north-west comer of Highway 401 and Bennett Road BE REFUSED; 3. THAT the application submitted on behalf of AYT Corporation to amend the Municipality's Zoning By-law to permit a large format retail complex with approximately 54,215 square metres of total gross floor area at the north-west corner of Highway 401 and Bennett Road BE REFUSED; . . 4. THAT staff be directed to provide for a hotel and conference centre and some limited retail and service uses (restaurants, fitness clubs, print shops) in the further consideration of the Clarington Science and Technology Park Study; 5. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 699071 REPORT NO.: PSD-097-05 PAGE 2 Submitted by: ReviewedbD ~~ ~, Franklin Wu Chief Administrative Officer ad. Crome, M.C.I.P.,RP.P. Director, Planning Services RH/CP/DC/lw/df 23 June 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 699072 REPORT NO.: PSD-097-05 PAGE 3 1.0 APPLlCA liON DETAILS 1 .1 Applicant: A YT Corporation 1.2 Agent: Walker Nott Dragecivic Associates Limited 1 .3 Official Plan Amendment: To amend the "Light Industrial Area" policies in Section 11.5 to permit development of 54,215 sq.m. (583, 585) sq. ft,) of retail commercial and restaurant f1oorspace, large format warehouse club retail f1oorspace, and a hotel and convention facility, in addition to the uses permitted in the light industrial area designation. 1.4 Rezoning: To rezone the subject lands from "Agricultural Exception (A-1) Zone" to implement the proposed official plan amendment. 1.5 Site Area: 21.85 hectares 2.0 LOCATION 2.1 The property under consideration is located at the northwest corner of Highway 401 and Bennett Road south of future Baseline Road in Bowmanville (See Attachment 1). The site area totals 21.85 hectares (54.0 acres). The property is located within Part Lot 5, Broken Front Concession 1, in the former Township of Darlington. 3.0 BACKGROUND 3.1 This is AYT Corporation's second revision. The original applications, which were received on November 12, 2004, were in respect of a parcel of land located on the northeast comer of Highway 401 and Bennett Road. These lands were not located within the Bowmanville urban area and when submitted were subject to Bill 27, an Act to establish a Greenbelt study area. Development applications for urban uses could not be considered on lands covered by said legislation. Staff retumed the original applications to the applicant. 3.2 On November 25, 2004, Staff received revised Official Plan Amendment and rezoning applications from Walker Nott Dragecivic Associates Limited on behalf of A YT Corporation to permit commercial development of the subject lands. This land is on the northwest corner of Highway 401 and Bennett Road and it is designated Light Industrial Area. The revised application requested permission for 50,300 sq.m. (550,000 sq.ft.) of retail commercial and large format retail uses, including a department store, a food store, a home improvement centre, 699073 REPORT NO.: PSD-097 -05 PAGE 4 restaurants and other retail uses in addition to the uses permitted in the Light Industrial Area designation. The development was proposed to proceed on private communal services. 3.3 A Public Meeting was held for the initial revised application on February 21, 2005, during which the following comments were made to Committee. . The Bowmanville BIA noted that the Ontario Municipal Board hearing in 1994 decided to link retail growth with population growth. The OMB at that time recognized that some retail sales loss would not impact the downtown greatly. Council must recognize the potential consequences of approving the large amounts of additional f100rspace may have on the downtown. A subsequent letter on the Commercial Policy Review reinforced their concerns and noted that commercial growth should be focused and not dispersed. . A resident from Wilmot Creek raised concern over the increased traffic levels that the proposed development would have on Bennett Road, since this road is their only means of access. . An area farmer was concerned over the rate that prime agricultural land was being converted for urban uses. At the Public Meeting, in response to questions, the applicant's agent advised that his client would be willing to revise the applications to delete the food store and department store components. 3.4 A letter of objection was received from the solicitor representing Valiant Property Management (Valiant)(Attachment 2), which cited the following concerns with the A YT proposal. . Valiant would be concerned if approval of the A YT application would preclude, or be in place of, the development of the Valiant site in West Bowmanville for its intended home improvement use. . The second concern would be if the early development of the A YT site would create an unacceptable market impact on the West Bowmanville Main Central Area in general and Valiant's total holdings in particular. These issues have been referred to the Commercial Policy Review, which is being finalized by the consulting team and Staff. 3.5 A letter of objection was received from Holburn Biomedical Corporation (Attachment 3), which noted that they had invested a considerable amount of money and resources into the launch of a scientific research and development park on lands immediately north of the subject site. They questioned whether or not the proposal was compatible with their scientific research park initiative. 3.6 A letter was received from Terry and Mark Price who noted concerns regarding a spring that feeds a pond on their property, which is being used for agricultural purposes. Development on the adjacent lands could either divert or destroy this groundwater source. 699074 REPORT NO.: PSD-097-05 PAGE 5 3.7 On March 30, 2005, Staff received a second revised set of Official Plan Amendment and rezoning applications from Walker Nott Dragecivic Associates Limited on behalf of A YT Corporation. The revised applications propose to permit development of 54,215 sq.m. (583,585 sq. ft.) of retail commercial and restaurant floors pace, large format warehouse club retail floors pace, and a hotel and convention facility in addition to the Ught Industrial area designation permissions. The development is now proposed to proceed on full municipal services. 3.8 A further Public Meeting was held on May 9, 2005, for proposal's the second revision. The following comments were made to Committee: . The application presented by A YT Corporation contemplates almost as much total f100rspace as both west Bowmanville commercial applications combined. Council should consider f100rspace being released in phases. . The A YT Corporation proposal does not support or reinforce downtowns. . Commercial development should be located along the Highway 2/King Street corridor and phased through population growth. Approving commercial development along Highway 401 would mean that people would miss the downtowns. 3.9 A second letter of objection was received from Holburn Biomedical Corporation (Attachment 4), which notes the following points. . Holburn supports the exclusion of large format retail uses from industrial areas to preserve industrial lands for industry. Converting these lands for big box development may represent a lost opportunity to economically diversify our employment base. . Holburn has invested a considerable amount of money and resources into the launch of a scientific research and development park on lands immediately north of the subject site. They questioned whether or not the proposal was compatible with their scientific research park initiative, since it may impede the ability to attract scientific research and development companies to the area. 3.10 The applicant has also submitted an application to amend the Durham Region Official Plan (ROPA 2004-006). Although the Regional Plan permits large format retail uses within industrial areas, it does not permit a department store or a supermarket within these areas. These proposals must also front on a Type "A" or Type "B" arterial road for access. The application was originally submitted to amend the policies to permit these uses within an industrial area. Since the application was revised to delete the department store and supermarket, the Regional Official Plan amendment application has also been revised accordingly. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject lands are currently farmed and .contain a large woodlot in the center. The site slopes gently to the south and west from Bennett Road. The property 699075 REPORT NO.: PSD-097 -05 PAGE 6 contains a small spring-fed watercourse that feeds a pond on the adjacent property to the west. 4.2 Surrounding Uses: East: North: West: South: Agricultural land Agricultural land and industrial facility under construction Agricultural lands and rural residential Highway 401 and urban industrial uses 5.0 OFFICIAL PLAN POLICIES 5.1 Durham ReQion Official Plan The Durham Region Official Plan designates the subject lands "Employment Area". This designation permits manufacturing, assembly, processing and warehousing among other individual type uses~ General policies of the Regional Official Plan include the following: . Regional Council shall maximize the employment potential of designated Employment Areas; . Sites having a high degree of exposure and good access shall be reserved for employment-intensive uses; . Regional Council shall prevent the consumption of Employment Area lands intended for industrial uses by commercial uses; and, . Regional Council shall ensure an adequate supply of vacant, serviced land is maintained. The Regional Plan provides for area municipalities to allow retail warehouse uses in Employment Areas subject to compliance with the Plan policies. Retail warehouse uses do not include supermarkets or department stores. Retail warehouse uses must also develop on either a Type "A" or "B" arterial road. Baseline Road is designated as a future Type "A" arterial road but no road has not been constructed to date. The applicant has filed an application to amend the Durham Region Official Plan and Regional Staff are reviewing the revised application for conformity. 5.2 ClarinQton Official Plan The Clarington Official Plan designates the subject lands "Light Industrial Area". Permitted uses include manufacturing, processing, fabricating, repairing, research and development facilities, and warehousing. Certain commercial, community and recreational uses, including banks, restaurants, athletic clubs, banquet facilities, and fraternal organizations may be permitted provided they are limited in scale and serve the area's employee base. Large scale retail warehouses may be permitted by amendment to the Clarington Official Plan subject to a number of criteria. 699076 REPORT NO.: PsD-097-05 PAGE 7 An. east-west Collector Road, south of Baseline Road is proposed to be eliminated through this amendment. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is zoned "Agricultural Exception (A-1) Zone". The current zoning does not permit the proposed commercial development. In order to permit the proposed development, a rezoning application was submitted for consideration. 7.0 AGENCY COMMENTS 7.1 Although the Emergency Services Department has not commented to date, their concerns can usually be addressed at the site plan approval stage. This Department had not raised any fundamental issues through the previous submission. 7.2 The Clarington Engineering Services Department has reviewed both the traffic study. and functional servicing study submitted by the applicant and provides the following comments. The subject lands abut both Bennett Road and the future extension of Baseline Road. The abutting road network is currently rural and should be urbanized, incorporating road improvements to address the traffic and storm drainage infrastructure works necessary to properly service a development of this nature. The development of the subject property necessitates the need for these road improvements, which are currently not contemplated in the Municipality's Capital Budget and Forecast for reconstruction and/or construction. Therefore, this development is considered premature until such time as the abutting road network has been urbanized and improved to properly service the subject development. If this application were to be approved, A YT would need to dedicate road widenings along Baseline Road and Bennett Road as well as a sight triangle is required at the intersection of Baseline Road and Bennett Road. The Traffic Impact Study as submitted by the applicant was reviewed and the following comments need to be addressed in the study and resubmitted for approval. . The Study must identify all of the road infrastructure and traffic management related improvements that will be necessary to facilitate this development. These improvements range from intersection improvements, traffic signalizations, auxiliary turning lanes, and the extension of Baseline Road from Lambs Road to Bennett Road. 699077 REPORT NO.: PSD-097 -05 PAGE 8 . The Study must assess the impacts of the proposed Highway 401 interchange relocation from Highway 401 and Bennett Road to Highway 401 and Lambs Road and an alternative access scheme should be developed. The justification for replacing the Bennett Road.. intercha~ge with a new interchange at Lambs Road should be acknowledged, and an alternative access scheme should be developed to determine the site traffic impact with the long term interchange plan. . The Study should be amended to include a revised road pattern incorporating all or part of the east-west collector road now shown in the Official Plan between Highway 401 and Baseline Road should be considered so that future traffic movements generated within the local development area have alternative routes for trips between Lambs Road and Bennett Road. . For the short term, an analysis of the operation of the weaving lanes on. Highway 401 between Bennett Road and Highway 35/115 should be undertaken. . Several issues require comment from the Durham Region and the Ministry of Transportation of Ontario such as signalization, spacing of signalized intersections, location of access on arterial roads, and potential impacts on freeway operations. . Additional supporting data is required to justify the proposed parking supply. The Functional Servicing and Stormwater Management Report as submitted by the applicant is inadequate and needs to be revised to address how all aspects of urban servicing including watermains, sanitary sewers, storm sewers, stormwater management, utilities, sidewalks, and street illumination will be extended from existing areas to service the subject lands. The drainage of the subject property is part of the Bennett Creek watershed. The development of this watershed requires the preparation of The Bennett Creek Master Drainage Study, which shall identify the stormwater management needs of this watershed. This study, currently being prepared by TSH, is at the Public Consultation stage and is expected to be completed in the near future. . Prior to any approval for development of the subject lands, a Storm Water Management Implementation Report must be prepared that provides for the sequential construction of storm water management works and addresses the recommendations of the Bennett Creek Master Drainage Study . The applicant's engineer will be required to prepare a Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this site. 7.3 The Ministry of Transportation has no objections in principle to the applications subject to the following conditions: . The Ministry will not permit any structures or buildings within a 14.0 metres setback from the highway property line. Furthermore, any facilities that are essential to the business operations such as parking or loading areas, drive- 699078 REPORT NO.: PSD-097-05 PAGE 9 through facilities, driveways, or stormwater management facility will not be permitted within this 14.0 metre setback. . The Ministry has provided a number of technical comments on the functional servicing and storm water management report as submitted by the applicant. The applicant must demonstrate that that the stormwater management facilities can mitigate any impacts resulting from development. The Ministry will not approve a report that increases stormwater flow rates or causes erosion potential within the Ministry's right-of-way. . The applicant will be required to submit a site plan approval application. This submission must include a site plan, lot grading and drainage plan, site servicing plan, stormwater management plan, traffic study, and illumination plan for review. 7.4 Central Lake Ontario Conservation Authority has reviewed the Functional Servicing and Stormwater Management Report and has no objections in principle provided that the following issues are addressed through further review. . The proposed stormwater scheme is generally satisfactory in terms of water quality and quantity control for the development. . The proposal would also appear to fit into the current scheme as proposed through the Bennett drainage plan being worked on by TSH. Stantec are describing their facility as temporary, with the ultimate controls being provided by a centralized facility. . Although the proposal provides for continued drainage to the two drains to the west of the A YT lands, the report has not quantified the amount of flow would be directed, nor has the source of the flows from the woodlot to the neighboring pond been determined. Further discussion will be required to satisfy the Authority's concerns. . Prior to site plan approval, the owner must provide site-specific engineering drawings and reports as well as a report addressing the source of the flows, which appear to originate within the existing woodlot. The engineering reports must address how the site would in the future conform to the requirements of the TSH master drainage plan study for the area, particularly if A YT commences construction prior to the TSH study being finalized. 7.5 The Durham Region Planning Department will not provide comments on the local planning applications (COPA 2004-007 and ZBA 2004-055) since the applicant has also submitted an application (ROPA 2004-0006) to amend the Durham Region Official Plan. Regional Plan policies require large retail format centres to have access to an existing Type "A" or Type "S" arterial road. The applicant has revised their Regional Plan amend application to amend these policy requirements. The Region will be proceeding with a Staff report once a local amendment has been recommended for approval by Council. 699079 REPORT NO.: PSD-097 -05 PAGE 10 7.6 The Durham Region Public Works Department has reviewed both the Traffic Report and Functional Servicing and Stormwater Management Report to which the following comments are offered. . The subject site is proposed to be serviced the proposed 300 mm watermain (by others) on Baseline Road. As security of water system supply, a 300 mm watermain extension will be required for looping and chlorinati,on purposes at the applicants expense on Bennett Road, crossing Highway 401 from Baseline Road to Lake Road. . A 675 mm trunk sanitary sewer must be extended from Soper Creek to the subject site. Based on further design details, the trunk sewer needs only to extend to Lambs Road with a further local sewer extension to the subject site. This project is not identified within the Region's 5 year capital works forecast, but is identified in the current Development Charges Background Report as a future project pending the need for residential growth to north of Highway 2 and east of Lambs Road. Since no residential development is anticipated in the near future in this area, the subject applicant will be responsible for the cost of extending the trunk sewer. . In addition, twinning of the Soper Creek Trunk Sewer from Baseline Road to Port Darlington WPCP will also be required to fulfill the ultimate servicing requirements designated in the Official Plan. . In view of high cost of these two projects, the Region is undertaking a further review and feasibility study to determine if there is an alternative sewer alignment, which could eliminate the need for twinning of the Soper Creek Trunk Sewer. This feasibility study will form part of the Region wide Master Plan Study, which is being initiated during the next few months, and may take over a year to determine preferred solutions. . Baseline Road is designated as a Type 'A' arterial road in the Durham Region Official Plan and the Region requires appropriate road widenings. . The Region recognizes the requirements for off-site improvements at the intersection of Highway 2 and Bennett Road as outlined in the traffic impact study. Off-site improvements are to be included as part of their site plan agreement, and secure funds for the future improvements to this intersection. . The Region notes that the Durham Region Official Plan proposes the removal of the Highway 401 and Bennett Road interchange in the future. . Development on the subject lands cannot proceed until servicing issues have been resolved to the Region's satisfaction. 699080 REPORT NO.: PSD-097-05 PAGE 11 7.7 The Durham Region Public Works Department has reviewed the Functional Servicing and Stormwater Management Report 7,8 Due to the limited commenting period, comments from Hydro One Networks Inc. have not been received to date. 8.0 STAFF COMMENTS 8.1 This report is being brought forward at this time at the applicant's request. There are several concerns with addressing the application at this time: . completion of the technical analysis of a number of issues has not been completed due to the limited time to review some of the reports. In several cases, the reports submitted are inadequate and additional information is required; . not all agencies have had time to provide comments; and, . there are studies underway which have a bearing on this application and ideally should be completed first. This includes the Municipality's Science and Technology Park Study and the Region's Industrial Land Supply Study in particular. While it would be premature to consider approving this application until all of the background information is complete, from a broader structure perspective there is sufficient grounds to refuse this application. 8.2 Retail Market Impacts are significant The Addendum Market Analysis dated May 9, 2005, which addresses the requirements of the Clarington and Durham Region Official Plan, was prepared in part to consider the implications of the AYT application. The Addendum Market Analysis tested various alternatives for various projects proceeding, either in whole or in a phased manner or with some alteration (e.g. no Home Depot on the Holloway Holdings site). It also examined substituting the A YT application for the West Diamond/Players proposal. The market research has confirmed that there is significant opportunity for new space in the market to meet population growth and to recapture expenditures currently leaving the community. The recapture potential is particularly great in the Department Store and Home Improvement Store categories, given the current expenditure pattern of Clarington residents. 699081 REPORT NO.: PSD-097 -05 PAGE 12 The new retail floorspace that would be warranted in Clarington has been quantified through the analysis of various scenarios, as follows: 2007 between 700,000 and 735.000 square feet 2010 between 850,000 and 875,000 square feet 2021 between 1,540,000 and 1,580,000 square feet There is less opportunity for new floorspace after 2007 as it is assumed that the recapture opportunities will have been exploited and further growth will be dependent on population growth. Unlike the earlier market research referred to above, which assumed no sales transfer from existing stores, the Addendum Market Analysis assumed a 10% sales transfer from existing stores, which' the Municipality's consultant has deemed to be a "reasonable" impact. The analysis also assumed that there would be new space developed over the study period in other parts of the Municipality which have existing designations or zoning permissions for commercial development. The analysis considers that with the proposed space built in the 2007-2010 period, the impacts on existing stores would continue until 2013 after which, with no further major commercial f1oorspace, residential growth would allow the existing businesses to return to 2003 levels. The report has recommended the following conclusions. · There is opportunity for most of the proposed new retail and service space in the West Bowmanville Main Central Area by 2010 assuming that the AYT site is not developed during this period. This provides for development to occur in other sites in Clarington including the Torgan site, the Courtice Main Central Areas and limited development in other locations. . There is room for two large format home. improvement stores in the Clarington market, based on the possibility of achieving a high recapture rate. With two stores however, it would lead to lower sales performance levels. If the Rona store proceeds on the Torgan site, a second store could be considered elsewhere within the Municipality. A third home improvement store is not considered viable. . Due to its scale, the A YT proposal would create much higher sales impacts on the East Bowmanville Main Central Area than the West Diamond/Players site and would have very significant short term sales impacts in certain categories. Even after 2010, assuming that the other projects are approved and built, the incremental effect would result in significant sales impacts on existing businesses over the longer term as well. Therefore, from a retail market perspective, the Addendum Report . concludes the cumulative impact of approving the West Bowmanville applications and the A YT would be significant. Additional major retail commercial development could be considered anywhere in the Municipality 699082 REPORT NO.: PsD-097 -05 PAGE 13 well after 2010, likely in the 2016 to 2021 period. This would be the subject of future Official Plan Reviews. 8.4 Balance of Employment Opportunities In 2001, the jobs/population ratio in Clarington was 25% or one job for every 4 residents. This is extremely low. The Clarington Official Plan has set employment targets and seeks to achieve balanced growth. The employment targets for Bowmanville are set at 23,500 jobs by 2016. The Plan has the objective of obtaining 1 job for every 3 residents by 2016. Jobs in the commercial sector are largely tied to residential growth, for generally over time employment will increases as the retail and service industry expands to serve additional population. There are exceptions, since certain types of employment will concentrate in nationally significant centres (such as the banking and finance industry in Toronto) and certain retail activities are only possible from regionally significant centres (such as the Oshawa Centre). Industrial uses, including everything from manufacturing to scientific research and pharmaceutical industries, are much less dependent on residential growth. Other factors, such as proximity to market or natural resources, transportation infrastructure, a skilled workforce, labour rates, energy rates and many other factors. Communities are now competing for industrial growth on a global scale. Moreover, there is the need for industries to cluster together on co-operative and at the same time competitive basis to be successful. .It is infinitely more difficult to attract industrial employment than population-related employment in the commercial sector. In order to meet the jobs/population target and to compete for industrial growth, sufficient and good quality industrial lands need to be reserved, even if the process takes much longer and is much harder. The employment targets of the Municipality's Official Plan cannot be met without significant non-commercial employment growth. Creating the right conditions for this to occur is paramount if the Municipality wants to create a more balanced community. Using the Region of Durham's methodology (with a lower lot coverage assumption), the potential number of jobs from these lands would beasfollows: 6990.83 REPORT NO.: PSD-097-05 PAGE 14 While a big box retail centre would also create jobs, they would not assist in diversifying the Municipality's economy and may, if f100rspace is advanced too early, result in a decline in jobs in existing commercial areas. On the other hand, . industrial jobs create spin-offs which help to support retail jobs in the community. The Region in general and Clarington specifically have had difficulty competing for industrial employment in comparison with areas west of Toronto. However, there are changes in the works that will increase these opportunities: . The University of Ontario Institute of Technology has been established to develop into a center for excellence in technology. The presence of the. University will act as a catalyst for new investment, particuiarly in the automotive and energy technology sectors. The University's mandate includes a significant research and commercialization of technology developed through its various industry partnerships; . Highway 407 will be built over the next decade providing important new infrastructure; . A new airport in Pickering will gradually lead to spin-offs. and be an . advantage for certain industries; . . The Provinc~'s Growth Plan will need to provide supports for a better live- work balance to address the gridlock created by. extensive commuting; and, . The presence of an industry like Holburn in the lucrative biotech sector can be a catalyst to attract similar businesses to the area. . The retention of the A YT lands for prestige or light employment uses will allow the Municipality to diversity its employment base andl in conjunction with the Municipality's Science and Technology in~tiativelwill provide a stable employment base. Retail jobs will not contribute to diversifying the employment basel are limited by population growth andl for other reasons stated in this report, are better suited on other lands. 8.5 Loss of Employment Lands There are three primary concerns with the potential conversion of the subject . lands from Employment Area to commercial uses: . The pressure for conversion of Industrial lands is a GTA wide phenomena and a longer term view is essential to preserve opportunities for future economic prosperity, employment diversity and live-work relationships . . . The A YT site is one of the few premier industrial sites in Clarington with the characteristics suitable for prestige industrial uses . Unlike .other municipalities in . Durham, Clarington will have no new industrial lands along the Highway 407 corridor . . A comprehensive study of employment land needs should be undertaken prior to considering any conversion . The conversion of the AYT site will lead to additional pressures 699084 REPORT NO.: PsD-097 -05 PAGE 15 Across the Greater Toronto Area, there is concern with the impacts on the Greenbelt and the Growth Plan on the competition for serviced land. There has been a noticeable trend to convert some key employment lands to residential or major commercial uses due to their higher value for those uses. This has led to concerns about the loss of employment la.nds and the ability to provide opportunities for employment areas over the longer term. As a result, this issue was addressed in part through the new Provincial Policy Statement, effective March 1, 2005. The Provincial Growth is addressing the matter further through its Places to Grow initiative. Although this application. preceded the effective date of the new provincial policies, this does not preclude this as a legitimate planning consideration by the Municipality. There are concerns about the long term impacts of such a conversion at the Bennett Road site. Most of Clarington's industrial lands fronting onto Highway 401 can be characterized as mediocre as best, in some circumstances very negatively impacted existing, less desirable industrial uses with outdoor storage (e.g. Dom's auto wreckers). Other areas contain industries built to a low development standard including the lack of municipal services. This makes it difficult for the Municipality to compete for certain key employment sectors. In terms of competing in the new economy where ~ knowledge-based workforce is critical edge, the quality of place is an important consideration for these highly-mobile workers. The loss of employment area lands with highway frontage will provide only inferior industrial sites inboard from the transportation corridor. Unlike other parts of Durham, Clarington will have no opportunity to designate new employment lands along the Highway 407. corridor. In 1990, during the preparation of the 1991 Durham Regional Official Plan, the Municipality pressed the need for designating a sufficient supply of industrial land and undertook an analysis in support of this. Consequently, the Region through its comprehensive review designated a large supply of new land in Clarington, primarily in Courtice but also including the subject lands on Bennett Road. Virtually no additional Highway frontage lands were added at this time, save and except the subject lands. This was due to the long standing designation in the Darlington Township, Bowmanville and Newcastle Village Official Plans which designated strips of land along Highway 401. Most of these designations go back to the early 1960's and were partially developed by 1991. . The long term need of employment area lands should be revisited before any decision to remove the subject site from employment uses. There is a widely recognized problem with land supply in the GT A which is leading to applications which in essence,. are requesting municipalities to compromise their future prosperity to deal with a short term land supply problem. 699085 . REPORT NO.: PSD-097-05 PAGE 16 The Clarington Official Plan seeks to provide a variety of industrial lands to allow for the expansion and diversification of the employment land base. There are very few locations suitable for prestige employment us~s and thl;; A YT site is one of them. . Retaining industrial lands with prime Highway 401 frontage is vital for Clarington to achieve its industrial development and employment goals. Given the lack of constraints from existing poorer-quality or heavy industrial development, visibility and access to Highway 401, and on-site amenities such as the woodlot, this is the most prestigious employment area location in Bowmanville. If it developed as a big box centre, a major opportunity for high-profile industrial users would be lost. 8;5 Incompatibility with the Municipality's Science and Technology Initiative Plan . The Municipality is undertaking a secondary plan study anQ urban design analysis with a view of developing upon the catalyst industry, Holburn Biomedical. The 130 hectare study area is. bounded by Bennett Road, Highway 401, Haines Street and Highway 2. The lands are designated for a variety of . employment area uses in the Clarington Official Plan. TSH is finalizing the master drainage plan as part of this study. Staff initiated this secOndary plan prior to submission of the application by A YT . Corporation. Preliminary concepts prepared by the. consultants indicate that prestige employment uses are being considered for all lands within the study area between Highway 401 and Baseline Road. This would provide a campus presence along Highway 401 that would draw other related companies to the area. The woodlot on the property could be incorporated into an open space and r~creational system benefiting the entire industrial park. The SCience and Technology initiative is founded on several principles: . The presence of a catalyst industry; . The presence of one or more universities to establish collaborative partnerships with, including the presence of graduate students to assist in research; and, . The availability of relatively cheap lands in the GT A suitable for start-ups and small firms (small firms account for 75% of the biotechnology sector). . A high quality of life. The A YT proposal raises serious concerns with compatibility and feasibility of the science and technology park. Among other things, a commercial designation ,would raise land prices and lead to speculation on adjacent properties as evident at the Thickson Ridge Power Centre site and the Harmony Taunton Power 69908.6 REPORT NO.: PsD-097-05 PAGE 17 Centre. This would tend to thwart one of the underlying premises for the viability of the park. The form of development would also be contrary to the high quality, campus-like environment that is important for certain industries, particularly research and development industries. The early industries in an employment area "set the tone" and a big box centre would give the wrong image at the gateway to the Science and Technology Park. Lastly, it would remove the prime location that would be sought by an anchor tenant in the science and high tech sector. For the reasons above, in staff's view, the approval of a big box centre on the A YT site is contrary to the intent of, and would likely thwart the science and technology initiative. The science and technology park initiative will take a sustained and patient commitment from the Municipality and will no doubt require some assistance from the Municipality to make it a reality. The development charge exemptions and credits are one example. The designation of. the A YT lands for a big box centre at Bennett and Highway 401 is an incompatible and competing vision for the area. 8.5 The AYT proposal does not contribute to Urban Structure objectives. The A YT proposal would create a large new commercial area in southeast Bowmanville. This new centre, proposed in a location adjacent to Highway 401, would be removed from a central location and from any residential areas. The proposal raises a number of urban structure issues~ . In the near future, there is no residential growth anticipated on the east side of the Soper Creek in the Bowmanville Urban Area, requiring longer trips to access the area. . Currently, the majority of retail commercial space in both of Bowmanville's West and East Central Areas is located along Highway 2/King Street. Given the close proximity of these two Central Areas, their retail functions have the opportunity to complement each other and provide cross-shopping opportunitiel? The Municipality's market analyst notes that A YT location would not likely provide these opportunities. Moreover, the development of the A YT site for retail uses could also result in additional pressures for amendments to surrounding industrial lands to accommodate additional retail uses. . The area is not located on the transit spine on Highway 2. Patrons would have to rely solely on vehicular access to the area. . It provides a commercial alternative to the West Bowmanville development but one, which disperses growth as opposed to focusing growth. . Permitting commercial uses in industrial areas may also increase land values and diminish opportunities for industrial development along this corridor. It should, however, be noted that the hotel and convention facility component and a limited number of restaurants would be permitted under the "Prestige Industrial" 699087 REPORT NO.: PsD-097 -05 PAGE 18 land use designation, as they are deemed services which, when limited in scale, are designed to support the employment area. The designation of the A YT lands for commercial uses doe~ not support or contribute to good urban form, lIsmart" growth and would diminish the focus of retail growth along the King Street spine. 8.6 The A YT proposal has significant transportation implications for future growth in Bowmanville. The applicant submitted a Traffic Impact Study. A review of the report by TSH on behalf of the MunIcipality, Durham Region Public Works Department, and the Ministry of Transportation has resulted in an issues list outlined in Section 7 of this Report that needs to be addressed in the report . The transportation network for the Bowmanville Urban Area is premised on three interchanges with Highway 401: Waverly Road; Liberty Street and in the future Lambs Road. It has been contemplated that. Bennett Road would eventually be eliminated, in part due to highway operational issues due to the relative proximity of the Highway 35/115 interchange but primarily based on the better service a Lambs Road interchange would provide for future residential and employment area growth on the east side of Bowmanville. . This is based on transportation analysis that was undertaken when the urban lands were designated. Lambs Road is intended to convey traffic from the eastern portion of Bowmanville. . .. The A YT application is premised on removing the Lambs Road interchange as the ultimate means of serving the east.side of Bowmanville and maintaining the existing interchange at Bennett Road. A retail complex of this scale is a major traffic generator and would only be feasible from the .retailer's perspective if the interchange was maintained. Over the past five years, the development of lands in the north-east portion of Bowmanville (west of the Soper Creek) has led to an increased strain on Liberty Street and the Liberty Street interchange. The Municipality has undertaken studies to determine what improvements' can be made to the Liberty Street interchange. The Region has undertaken studies to consider improvements to Liberty Street. Improvements will be made over time but there is still a limit on the capacity in the entire network that can be created through widenings or other improvements. . , Approving the A YT application would lock in the Bennett Road interchange which would have a major impact on the transportation network in Bowmanville.' The extent of this impact has not been fully quantified to date but it does fundamentally affect one of the underlying premises of the development of the Bowmanville urban area~ It is anticipated that the existing traffic situation on Liberty Street and at the Liberty Street interchange would be greatly exacerbated as new residential and employment area developments on the east side of Bowmanville (east of 699088 REPORT NO.: PsD-097-05 PAGE 19 the Soper Creek) would not have the option of a Lambs Road interchange and would be less likely to use Bennett Road for the predominant west- oriented traffic movements. At the very least, comprehensive land use and transportation studies should be undertaken prior to making such a fundamental decision. 9.0 CONCLUSIONS 9.1 The applications to amend the Clarington Official Plan and the Municipality's Zoning By-law to permit a large format retail centre of 54,215 square metres (583,585 sq. ft.) of total gross floor area, including a warehouse membership club, a home improvement store, large format stores and restaurants should be denied for the following reasons: . Other than financial and employment reasons, the planning rationale for the proposal has not provided compelling reasons for approving the proposal. . Due to its scale, the AYT proposal would have a significant impact on Town and Village Centres in Clarington. . . The A YT proposal does not assist in creating a balanced community and a diversity of employment. . The A YT proposal would remove the premiere industrial site in Bowmanville and the potential to attract a high profile indu~try. . Conversion of industrial lands for commercial u.ses in a high profile location will not serve the Municipality's long-term employment and assessment goals. . Approving a big box centre is contrary to the intent of the Municipality's science and technology initiative and, raises serious concerns with compatibility and feasibility of the science and technology park secondary plan. . . The A YT proposal does not support the current and future urban structure objectives. It provides a commercial alternative to the West Bowmanville development but one, which disperses growth as opposed to focusing growth. It leads to less compact, less efficient urban growth with limited possibilities for future intensification and development of a strong urban centre. . Approving the A YT application would lock in the Bennett Road interchange and would have a major impact on the transportation network in Bowmanville. This must only be considered in a comprehensive context of the land use' plans and transportation network plans for the Bowmanville urban area. There are numerous technical issues raised by external agencies and municipal departments that need to be addressed for any development on this site. Many of the comments require additional supporting information that would be required . regardless of the type of development on this site. . . Due to the limited period to deal with this application and the applicant's request to deal with this application at this meeting, there is insufficient information 699089 REPORT NO.: PsD-097 -05 PAGE 20 available to consider any approvals of these lands. However, there are fundamental, underlying principles that lead to staffs recommendation to refuse the applications as submitted. . 9.2 It is recommended that the AYT applications to amend the Clarington Official Plan and Zoning By-law be refused. At the same time, it would be prudent for the Municipality to consider the potential of hotel and convention facilities .to serve this site and to consider this site for the deployment of the very limited retail and service facilities that will be needed for a prestige business park. Attachments: Attachment 1 - Key Map Attachment 2 - Letter from Valiant Property Management Attachment 3 - Letter from Holburn Biomedical Corporation Attachment 4 - Letter from Holburn Biomedical Corporation Interested parties to be notified of Council's decision: Philip Brent, A YT Corporation Ira Kagan, Kagan Shastri Peter Walker, Walker Nott Dragecivic Associates Limited Ron Hooper, Bowmanville BIA Lynda Townsend Renaud, Lynda Townsend Renaud Law Office Robert Hann, Valiant Property Management . Bryce Jordan, Sernas Associates Roslyn Houser, Goodmans LLP Peter Smith, Bousefields Inc. Steve Zakem, Aird & Berlis LLP Stan Stein, Osler, Hoskin & Harcourt LLP Mark Frayne, Holburn Scott Arbuckle, Planning & Engineering Initiatives Limited Paul Mark, PetroCanada Andrea Gabor, Urban Strategies Inc. David Crowell, A&P Properties Limited Terry & Phyllis Price Brent Clarkson, MHBC Planning Limited Murray Paterson Ernest Burnie Blair McEwen . Tenzin Gyaltsan, Newcastle IGA Bill Humber Catherine Whyte Beatrice and Ron Whtye Ron Carlyle Elliot and Joan Tremeer Eugene Dupuis. 699090 REPORT NO.: PSD-097 -05 PAGE 21 Kevan Hoskin Jayne Salisbury Karen and Leon Devera Allan Frank Connie Gawley Tom and Sally Barrie Walter Schleiss Don and Gail Rickard Hannu Halminen, Halminen Homes 699091 . ATIACHMENT 1 Baseline Road (Future Access) Hlghw . ay 401 , - .0- lD !\ \ \ \ NtIl DeveICpn81l Na. - 20.37 ha GFA - :!:54,21S sq.m. *5I3.5IlG Sq.ft. Lot eo.er.ge - 26.6% Parlcing Spllces ProvIded - ~ 2,728 J -- ZBA 2004-055 . Zoning By-law.Amendment . ~ ~ ~ .. ifi .. COPA 2004-007 . . . Clarington OfficialPlari Amendment . ROPA2004-006 . . Regional Official Plan Amendment . Owner: A YTCorporation . 699092. ATTACHMENT 2 THE LAW' OFflCE Q.r;: LYNDA TOWNSEND REN!A.UD March 9, 2005 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario . L1C 3A6 Attention: Mr. David Creme . Mr. Dennis Hefferon South Tower Royal Bank Plaza 2600-200 Bay Street Toronto, Ontario M5J.2J4 Meridian Planning Consultants Inc. 13 Collier Street Barrie, Ontario L4M 1 H2 Attention: Mr. Bob Lehman UrbanMetrlcs 144-146 Front Street West Suite 460 Toronto, Ontario M5J 2L7 Attention: Mr. Doug Annand . Dear Sirs: Re: Application to Amend the Durham Regional Official Plan and Clarington Official Plan A YT Corporation and Clarington Commercial Policy Review Comments on behalf of Valiant Property Management Municipality of Clarington We are providing comments on the subject application oil behalf of Valiant Property Management (Valiant). As will be explained below, the comments will necessarily touch upon the ongoing Clarington Commercial Policy Review (CPR). ~iJiiii:~. \400 \"'Ok~..VilALi.. ROAD, OAK\iH.I..l::. OC~lAiUO 1i.6.li t;'\;;~ PHONE: 905 829 8600 . FACSIMILE: 905 829 2035 Iyn.townsend@on.albn.com 699093 Munldpallly of Clarington Mr. Carlo Pe\Iarln March 4. 2005 Page 2 Our Understandina of the Application and the CPR Based on comments made at the public meeting for the subject application (February 21, 2005), we understand that the application will be revised to request approval for retail warehouse uses including a home improvement centre In addition to commercial uses already permitted in the Light Industrial designation. You have advised that the Municipality will be requesting written clarification of the range of requested uses from the proponent We understand that once clarification is received, the firm of urbanMetrics. which has already prepared the Retail Market and Impact Analysis for the CPR, will prepare a Retail Market Impact Analysis of the subject application for the Municipality at the applicant's cost. It Is the Municipality's intention to have the completed market impact analysis available to the CPR consultants (Meridian Planning Consultants Inc.) so that the results can be given consideration as part of the Rnal Report on the CPR. Vallanfs Interest in These Matters Valiant owns about 6.35 hectares bounded by Clarington Boulevard. King Street, Green Road and the unopened Concession 2 right-of-way. All of this area is within the boundary of the Bowmanville West Main Central Area and Is designated Retail Commercial in. the Bowmanville.West Main Central Area Secondary Plan. Valiant began assembling the land In this quadrant of the Main Central Area after it was designated Retail Commercial. VaUanfs _ _ _ _ _ a-pplication 10 amend"fue' Officlsl-Flarrwas-only n'6C"6'SSaTY1n.order to" allomte floorspate' from. - - - . - . - -.- the next threshold of the Secondary Plan's phasinf;J policy. The Valiant site Comprises the only lands designated Retail Commercia.l in the Central Area without a retail f100rspace allocation. With an allocation to its lands, Valiant could develop up to 16,680 square metres of additional f1oorspaC6 including a Home Depot store. Valiant has two potential cOncerns with the subject application. The first would be if the approval of the AYT application would preclude, or be in place of, the development of the Valiant site fOf Its designated purpose. This issue will be assessed by the CPR. The second potential concern would be if the eany development of the A Yf site would create an unacceptable market impact on the Bowmanvllle West Main Ceritral Area in general and the Valiant site in particular. this Issue will be assessed by the Retail Market and Impact Analysis. . Commercial Pollcv Review. . It is our opinion that the Valiant lands. within the Main Central Area should. remain the preferred location for . meeting the shopping needs of Clarington residents prior to the allocation of commercial development opportunities to any other locations hot currently designated forcommefcial use. In particular, no approvals should be given to the AYf site, If at all. until the Valiant site is built out. The Draft Rnal Report on the CPR supports this view. Amongst the report's executive summary points for the locations of commercial growth are the following points. . 14. From an urban structure perspective the preferred policy approach is to concentrate commercial uses in existing urban areas. The existing Centres are and will be central 699094 Municipality of Clarlngton Mr. Carlo Pellarln March 4, 2005 Page 3 to the growing population. In addition, they form the 'nodes' along Clarington's main street, a key element of the long term urban structure objectives... 16. Consistent with the current Official Plan policy other new centres or commercial areas should not be created over the five year term. 20. The Bowmanville Regional Centre...as well as the Courtice Centre, Courtice West District and the Newcastle Village Downtown District should have sufficient land areas designated with boundaries provided for in Secondary Plans to allow for additional commercial development in the range of 720,000 square feet 0; gross leasable floor space. This growth could occur in the existing designated areas and/or the expansion of the areas dependant on the achievement of the urban. structure objectives of the Municipality. . In summary, the Draft Final CPR report concluded that it is not necessary to designate new commercial areas beyond the Central Areas Identified In the Durham Regional Official Plan to meet the Municipality's commercial needs for the next five years. This is reinforced by the Report's recommendation to direct retail warehouses to existing centres and to remove retail warehouses as a permitted use In Light Industrial Areas (pages 23 and 35). We believe the work to date on the CPR reinforces our opinion that the current commercial needs of the Municipality can and should be met in existing designated centres and commercial areas first. and that there Is no need to add the AYT site to the Municipality's commercial land supply at this time. . . Retail Market Impact Analysis On the assumption that the A YT application Is being revised to permit retail warehouses in an Employment Area. Section 11.3.18 of the Durham Regional Official Plan would apply. In order for the A YT application to proceed, Section. 11.3.18 c) requires that the retail market study being prepared by urbanMetrics demonstrate that "the proposed retaH. uses and the cumulative amount of ffoorspace will not unduly affect the viability of any designated central Area on Map ~' and Central Areas and Specific Purpose Commercial Areas designated In area municipal official plans". As noted above, the Valiant site is designated Retail' Commercial in the Bowmanville West Main Central Area Secondary. Plan. Therefore, the retail market analysis must ensure that the viability of the development of Valiant lands will not be unduly affected by the designation and development of retail uses on the A YT site. . . This matter Is typically addressed by a review of . commercial f100rspace needs, allocating f100rspace to designated sites and determining if there Is any residual unmet need that could be assigned to the potential new site. This Is the approach which has been used In the CPR study to date. The market study component of the CPR concluded that 720,000 square feet of new retail space can be built in the short term (i.e. to 2010) without causing undue Impacts on the existing commercial centres. In distributing this required floors pace, the CPR study 699095 Mul)icipalily of Clarin9ton Mr. Carlo PellaJin March 4, 2005 Page 4 has recommended not to make a distinction as to' the type of f1oorspace. We have indicated Valiant's concurrence with this approach within Central Areas siting the same reasons as the CPR consultants: 1. this approach can best respond to the changing consumer preferences. 2. there Is less and less distinction among store types in the goods that are retailed from Inside various "boxes", and 3. individual uses within the "boxes" are likely to evolve over time, changing the makeup of the goods being sold but maintaining the retail significance of the areas they are located within. Notwithstanding our acceptance of this general principle, there appears to be some specific concern by the Municipality with regard to the market impact of home improvement centres on existing retailers. There are two potential home Improvement centres proposed on designated lands in BowmanviIle. They are the Home Depot proposed for the Valiant site and another one on the Torgan site at Waverly Road and Baseline Road. It is also our understanding that the A YT application proposes a third home improvement centre. Given the specific concern about the market impact of home improvement centres, we have explored this Issue in some depth. At the outset, It must b~ unde'rstood that the market impact component of the CPR has not concluded that only one home Improvement centre can be built In the short term without significant Impacts on existing retailers. The conclusion on this matter Is set out on page 14 of the CPR and reproduced below (emphasis added): . Home Improvement Centre - One home Improvement centre can proceed by 2007, without Impacts. on existing retailers in Clarington. As noted earlier although onlv one home imorovement centre has been evaluated. our analysis does not preclude another store entering the market With continued market growth, the available residual potential in other store categories which seD home improvement merchandise, and the opportunity for increased recapture of sales form outside of Clarington in the future, would not preclude another home improvement centre from entering the market beyond 2007. It is not exoected that the imoacts of two such stores would be significantlv areater than one store aiven the limited facilities in Clarington at the oresent time. It appears that there was not a more definitive conclusion on the impact of two. home improvement stores because urbanMetrics' only evaluated the impact of one such store; In order to fill the infonnation gap. Valiant commissioned Robin Dee and Associates to conduct an Impact analysis assuming two home improvement stores, based on urbanMetrlcs' original . . research and data. Enclosed Is a copy.of Mr. Dee's letter report. It is Mr. Dee's conclusIon that the Claiington market will be able to support the entry of two new format home improvement facilities as early as 2006 and that their initial Impact will be essentially on each other as they compete for market share. Given that the sites for the two home improvement centres. on the Valiant and Torgan lands are already designated, we submit that any market Impact analysis being conducted for the 699096. Municipality of Clarlngton Mr. Carlo Pellarin March 4, 2005 Page 5 A YT application (if it is looking specifically at impact in the home improvement market segment) must examine the incremental impact of a third home improvement centre in the short term (i.e. to 2010). It is likely that!! the AYT site is approved and jf it is to contain a home improvement centre, the timing of the Implementation of this component of the development may have to be regulated through some form of staging policy in order to avoid an undue economic impact on the Valiant site and, by extension, the Main Central Area. . . Conclusion The Valiant site is designated Retail Commercial and has the physical capacity to accommodate up to 16,680 square metres of additional commercial f1oorspace. Valiant has co-operated with the Municipality in working through the process of removing the floors pace caps that have prevented the site from developing to date. Valiant's concerns with the A YT application are If It in any way precludes the immediate development of the Valiant site or has an undue economic impact on its development. We understand that both of these issues will be examined on behalf of the Municipality by its Commercial Policy Review consultants who are currently addressing Municipal:"wide commercial planning and market Impact issues. This letter provides our Input on behalf of Valiant for the consideration of Municipal Staff and its consultants during their review of the AYT application and the completion of the CPR. If there are any questions or concerns with the above, please do not hesitate to contact the undersigned. .. -. .-- \ . '. Ene!. cc: Mr. R. Hann, Vali'ant Property Management Mr. B. Jordan, Semas Associates Mr. R. Dee, Robin Dee and Associates Mr. Carlo Pellarin. Municipality of Clarington . 699097 ATTACHMENT 3 HOLBURI~ HOLBURN BIOMEDICAL CORPORATION FROM:. MARK R. FRt\YNE Dear Sir, Application to Amend Clarinqton Official Plan and ZoninQ Bv-Law Your File: COPA 2004-007 and ZBA 2005-055 . I am writing this submission on bE~half of our related company, 1524103 Ontario Ltd., the registered owner of approximately 50 acres, immediately to the north of the Applicant's. lands that are subject to the abovementioned applications. Our respective lands are separated by an ~nopened road allowance (Baseline Road Ea.st). Our company purchased the lands in the fall of 2004 and on November 18th, 2004, the Holbum Group of Companies announced the launch of a scientific research and development park to be located on the lands located at the south-west comer of Bennett Road and King street East. We have already invested a considerable amount of money and resources into this project, and coristruction of the first phase is well underway. Therefore. naturally, we question whether or not the subject application: (a) fits within a prestige industrial employment area, and (b) is compatible with our scientific research . and development park initiative. . I confirm that we are Interested irl the application and how it proceeds, and request written notification thereof. . YOU7ijt{ / Mark R. Frayne Counsel and Vice-President CONFIDENTlALlTI NOTICE: The informa"ion contained in this facsimile (including the attached pages) Is for the attention of the addressee only. Any disclosure or reproduction of these pages is prohibited. The infofTT\ation herein remains the property of Holbum Biomedical Corporation. Should this facsimile be received by anyone other than the addressee. please irnmed!ately telephone tbe number below, to arrange for the return of these documents. An independent member of "The Holbum Groul) of Companies. 200 Baseline Roael East, Bowmanville, Ontario, Canada. L 1 C 1 A2 . Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mall@holbum.com www.holbum.com 699098. ,HOLBURN HOLB ATTACHMENT 4 BIOMEDICAL CORPORATION May 12, 2005 Clerk's Department 2nd Floor 40 Temperance Street Bowmanville, ON, L 1 C 3A6 Dear Sirs, Re: A YT Corooration Aoolications Your file #: COPA 2004-007 and ZBA 2004-055 We are writing in respect to the A YT Corporation applications to amend the Clarington Official Plan and Zoning By-law. In particular, we wish to respond to PSD 060-05, submissions made during the General purpose and Administration Committee meeting held on Monday May 9. 2005, and some statements made by Council during that meeting. The following will also provide further background to our letter to the Municipality dated May 6, 2005. Commercial Policy Review Recommendations We understand that the A YT Applications were initiated at a point in time when the draft . Commercial Policy Review was close to finalization, after an extensive consideration process. The draft final report recommends the deletion of that part of section 10.9.5 that allows for amendment to the Official Plan to permit large scale retail warehouses. Holbum supports this recommendation because we believe that: (a) it is based on sound planning principles regarding future commercial development,' and (b) existing light industrial areas should be preserved and protected from the intrusion of big box store developments. In regard to the latter point, the lands subject to the A YT Applications are considered superior industrial lands. It is our observation that there is no other light industrial site in Glarington that compares with its features and location. It is ideal for high-profile, plGsUge industLiai businesses. The proposal to convert [ands with such good, ~ An independent member of "The Holbum Group of Companies" 200 Baseline Road East, Bowmanville, Ontario. Canada. L 1C 1A2 Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mail@holbum.com www.holbumg:~~099 Holburn Biomedical Corporation - 2 of 3 economically diverse potential to a big box retail center, combined with the adverse impact such a development would have on the surrounding lands within the light industrial employment area, may result in a lost opportunity to enhance and diversify Clarington's economic and employment base (Science Park, below). This is contrary to one of the primary objectives cited in Clarington's Official Plan, (sec. 11.2.1): to provide a variety of industrial lands to allow for the expansion and diversification of the employment base. . The Scientific Research and Development Park The A YT Applications and proposed retail commercial uses are incompatible with the proposed Holbum Science Park, and the larger, 300 acre Science and Technology Park initiative. Prior to the submission of the subject Applications, the Municipality commenced the undertaking of a secondary plan study, an urban design analysis, and a master drainage plan. in regard to the 300 acre area bounded by Highway 401, Haines Street, Highway 2 and Bennett Road. We understand that these studies are scheduled to be completed over the next few months. The A YT lands fall within this study area. It ,is contemplated that if the A YT Applications are allowed, the exclusion of these . superior prestige industrial employment lands from the Science Park and the adverse. economic and physical impact a. big box store retail development will have on the surrounding lands will combine to effectively impede the ability to attract scientific R&D companies, including pharmaceutical companies, to the Park. The economic and social benefits to the Clarington community which would have othelWise arisen out of the initiative would not be realized. The Impact on Holbum Approximately three.. years ago, Holbum advised Municipal Staff and Council of its intentions to purchase lands and provide the catalyst necessary to develop a scientific research and development park. Staff and Council made it clear that they would support Holbum in its endeavours by removing "roadblocks. to development and by assisting in creating an environment required to attract similar research businesses. It was indicated to Holbum that, the municipal officials were committed to providing a supportive regulatory regime,including required hard and soft services. The abovementioned studies and analysis were initiated. The Municipality assisted in identifying suitable lands for the Science Park. With the support of, and assurances from, the Municipality, Holbum decided to: (a) purchase the 50 acres fronting on Bennett Road and Highway 2, (b) rezone the property to facilitate the Science Park, and (c) arrange the financing and commence the construction of the first building: a 40,000 square foot, multi-million dollar research facility. .. A Division of "The Holbum Group of Companies" 200 Baseline Road East, Bowmanvllle, Ontario, Canada, LiC iA2 . Phone: +1 (905) 623-1484 Fax: +1 (905)823-6702 mail@holbum.com www.holbum.~~ tOO Holburn Biomedical Corporation - 3 of 3 It is Holburn's position that, should Council support the A YT Applications, such decision will run contrary to the Municipality's previous statements and actions, as well as to Holbum's expectations. The financial repercussions to Holbum's business and future growth would be significant. In conclusion, for the reasons above, Holbum respectfully requests that the Municipality not allow the proposed amendments. . Yours truly, Mark R. Frayne, Counsel and Vice-President . c: David erome, Director of Planning Services A Division of ~Th. Holbum Group of Companl.... . 200 Bas.llne Road East, Bowmanvlll., Ontario, Canada, LiC 1A2 Phon.: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mall@holburn.com www.holburn.~910 1 Attachment 3 To Report PSD-083-06 Report PSD-027-06 - Commercial Policy Review, Bowmanville West Main Central Area Secondary Plan Review Amendments 43 and 44 to the Clarington Official Plan and Related Amendments to the Zoning By-law and Related Applications By: 1) West Diamond Properties Inc.lPlayers Business Park Ltd 2) Halloway Holdings Limited 3) A YT Corporation 4) Loblaw Properties Ltd. Resolution #C-109-06 Moved by Councillor Schell, seconded by Councillor Trim 1. THAT the Commercial Policy Review - Final Report by Meridian Planning Consultants, the Addendum Market Analysis and the Bowmanville West Main Central Area Secondary Plan Review Report by Meridian Planning Consultants and Brook Mcilroy, and staff Report PSD-027-06 be received; 2. THAT Council resolves that a further public meeting on Official Plan Amendment 43 and 44 is not necessary; 3. THAT Official Plan Amendment 43 to the Clarington Official Plan as contained in Attachment 8 to Report PSD-027 -06 be adopted and that the necessary by-law be passed; 4. THAT Official Plan Amendment 44 to the Clarington Official Plan as contained in Attachment 9 to Report PSD-027 -06 be adopted and that the necessary by-law be passed; 5. THAT the by-laws to amend Comprehensive Zoning By-law 84-63 contained in Attachments 10, 11 and 12 to Report PSD-027 -06 to implement portions of Official Plan Amendment Nos. 43 and 44 be passed; 6. THAT Council resolve by separate resolution that the Concept Plan for Development contained in Attachment 2 prepared by Stantec Consulting Ltd. entitled "Proposed Metrus Commercial Development" and the elevation drawings of the proposed Wal-Mart store prepared by Petroff Partnership Architects, dated July 14, 2005, contained in Attachment 3 to Report PSD-027 -06 and the proposed Loblaws Superstore prepared by Turner Fleischer Architects Inc., dated revised July 12, 2005, contained in Attachment 4 to Report PSD-027 -06, be endorsed in principle subject to the submission and review of detailed plans and drawings under Section 41 of the Planning Act; 7. THAT Council resolve by separate resolution that the Concept Plan for Development contained in Attachment 5 to Report PSD-027 -06 prepared by Sernas Associates and Turner Fleischer Architects Inc., dated January 2006 and the elevation drawings of the proposed Home Depot store prepared by Turner Fleischer Architects Inc. dated revised 699102 January 3, 2006 contained in Attachment 6 to Report PSD-027 -06 be endorsed in principle subject to the submission and review of detailed plans and drawings under Section 41 of the Planning Act; 8. THAT the applications to amend the Clarington Official Plan (File No. COPA 2002-009) and to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-026) as submitted by Halloway Holdings Limited be approved to the extent that they are consistent with Amendments 43 and 44 and the related zoning by-laws contained in Report PSD-027 -06; 9. THAT the applications to amend the Clarington Official Plan (File No. COPA 2002-003) and amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-004) as submitted by West Diamond Properties Inc. and Players Business Park Limited be approved to the extent that they are consistent with Amendment 43 and 44 and the related zoning by-laws contained in Report PSD-027 -06; 10. THAT the applications submitted by Loblaw Properties Ltd. to amend the Clarington Official Plan (File No. COPA 2000-003) and to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-020) to expand the Clarington Centre to permit an additional 37,200 sq. ft. expansion to the existing supermarket be refused; 11. THAT the application submitted by Loblaw Properties Ltd. to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2003-043) be approved to the extent that it is consistent with the zoning by-laws to delete the requirement for a supermarket in the Clarington Centre contained in Report PSD-027 -06; 12. THAT the applications submitted on behalf of A YT Corporation to amend the Clarington Official Plan (COPA 2004-007) and to amend the Municipality's Zoning By-law 84-63 (ZBA 2004-055) to permit a large-format retail complex with approximately 54,215 sq. m. of total gross floor area at the northwest corner of Highway 401 and Bennett Road be refused; 13. THAT the Region of Durham be advised that the Municipality of Clarington does not support the approval of the application submitted on behalf of A YT Corporation to amend the Durham Regional Official Plan (ROPA 2004-006); 14. THAT by-laws be passed to authorize the Mayor and Clerk to execute the Principles of Understanding between the Municipality, Players Business Park Ltd. and West Diamond Properties Inc. and 1613881 Ontario Inc., the Principles of Understanding between the Municipality and Halloway Holdings Limited, the Stevens Road Extension Agreement between the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and Halloway Holdings Limited and the Indemnity Agreement between the parties just mentioned substantially in the form of the Principles of Understanding and Agreements contained in Appendices 10 to 13 inclusive; 15. THAT Planning Staff be authorized to include in its 2007 work program a community improvement plan study for Newcastle Village Centre; 16. THAT staff be authorized to bring a report forward to Council to implement provisions of the Principles of Understanding between the Municipality and Halloway Holdings 699103 Limited related to the Site Plan Agreement and Servicing Agreement referred to in Section 11 of Report PSD-027 -06; and 17. THAT notice of Council's decision be forwarded to the Region of Durham and all persons or bodies who requested notification of this decision. ~ "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOllOWING AMENDING MOTION) Resolution #C-11 0-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Recommendations 12 and 13 be replaced with the following: 12. THAT the application submitted on behalf of A YT Corporation to amend the Clarington Official Plan and the Region of Durham Official Plan to permit a large-format retail complex with approximately 54,215 sq. m of total gross floor area at the north-west corner of Highway 401 and Bennett Road be referred back to staff; 13. THAT the application submitted on behalf of A YT Corporation to amend the Municipality's Zoning By-law to permit a large-format retail complex with approximately 54,215 sq. m of total gross floor area at the north-west corner of Highway 401 and Bennett Road be refused; THAT Recommendation 17 be renumbered Recommendation 20 and that the following new items be added: 17. THAT staff be directed to prepare a position in support of an urban boundary expansion in the Durham Regional Official Plan Review to incorporate the 57 acre parcel owned by AYT Corporation on the north-east corner of Highway 401/Bennett Road interchange; 18. THAT staff be directed to bring forward an amendment to the Clarington Official Plan to a Public Meeting that provides for: i. The 54 acre parcel of land owned by A YT Corporation on the north-west side of Highway 401/Bennett Road interchange being designated as Prestige Employment Area to permit, among other things, a hotel and conference centre; ii. The 57 acre parcel of land owned by A YT Corporation on the north-east side of Highway 401/Bennett Road interchange being designated as a Special Policy Area in the Official Plan that would allow for a 45,000 sq. m. large format retail centre to be zoned sometime after March 1, 2016 provided that the Municipality's population is greater than 116,000 persons and that a full-service hotel and conference centre with a minimum of 100 rooms, a restaurant, and two meeting rooms of approximately 3,000 sq. ft. each is constructed at the Bennett Road interchange; iii. Th e retention of Bennett Road/Highway 401 interchange and the designation of Bennett Road as a Type B Arterial Road. 699104 19. THAT prior to advertising the Public Meeting on the proposed amendment to the Clarington Official Plan, that staff be directed to conclude arrangements with A YT that provides for: i. A YT to front-end 50% of the cost of extending sanitary sewer services along Baseline Road to Bennett Road and the replacement of the deficient. section of sanitary sewer between Haines Avenue and Soper Creek, at such time as any other developer in the Bowmanville industrial lands gives written notice to A YT and the Region that it is prepared to enter into a front-ending arrangements to extend sanitary sewer services; ii. A YT to make immediate payment to the Region for transmittal to Holburn Biomedical for repayment of A YT's share of the cost of extending water supply services to the area according to a front-ending servicing agreement with the Region; iii. A YT to pay its front-ending payment under any fronting-ending agreement for the construction of storm-water management facilities at such time as the Municipality issues a certificate of completion for such facilities; iv. At the time of final approval of the rezoning of the lands for large format retail uses at Bennett Road, that A YT contribute $1.62 per square foot approved (adjusted to by the consumer price index from March 1, 2006) to the Municipality in 5 equal annual installments for expenditure in funding programs in support of the Clarington business improvement areas (BIAs) and/or capital improvements projects and grants for an approved community improvementarea; v. That AYT be responsible for all costs in preparing such agreements and defending such decision of Council. "CARRIED" The foregoing Resolution #C-109-06 was then put to a vote and "CARRIED AS AMENDED." 699105 April 4. 2006 Municipality of Clarington 40 Temperance Street Bowmanville, ON L 1 C 3A6 ~\\U"IIIII_"" . To Report PSD-083-06 Walker, Nott, Dragicevic Associates Limited Planning Urban Design Environmental Assessment '06APR04 PM 2:38:11 Attention: Municipal Clerk's Office To Whom It May Concern: Re: Notice of Appeal of Official Plan Amendment No. 43 File No: 04.586 We are the planning consultants for A YT Corporation, owner of the lands on both the east and west side of Bennett Road on the north side of Highway 401, in the municipality of Clarington. Our client has an Official Plan Amendment ("OPA") application and Zoning By-law ("ZBA") Amendment application on file with the municipality for its lands on the west side of Bennett Road. The applications seek permission to develop the subject property for large scale commercial and industrial uses. Since the filing of its applications A YT has taken a keen interest in the development applications that were trigger for OPA 43 and 44 and related zoning by-law changes. Our client has been working with the municipality in an effort to have its applications approved. Because some of the changes reflected in OPA 43 are not consistent with our client's applications, we had also requested that the municipality deal with and make final decisions on the commercial policy review (OPA 43), the development applications that triggered those changes, and our client's application, at the same time so that the decisions on all the matters would be consistent. While Council did not approve our client's applications at the same time as it enacted OPA 43, Council for the municipality did give staff direction 'on a go-forward plan for approval of the A YT development. Approval of the- AYT application must be reconciled with OPA 43 and any implementing zoning by-law. Some of the changes in OPA 43 as drafted would prohibit A YT development if left in the current form. For these reasons our clients have instructed us to hereby appeal OPA 43 to the Ontario Municipal Board. These appeals are limited to those portions of OPA 43 which are inconsistent with our client's development applications. Our client also wishes to make it clear that it is not their intention by filing these appeals to delay the development of the properties in Bowmanville West Town Centre which triggered these amendments. To the extent possible then our appeals may be considered site-specific. ~A 172 St. George Street Toronto, Ontario M5R 2M7 TEL 416 / 968-3511 FAX 416 / 960-0172 e-mail: admin@wndplan.com web: www.wndplan.com Peter R, W........ FCIP, RPP Wendy Not!, FOP, RPP R_A.~, MCIP, RPP Principals JllIOI1 C. Wu. MAAle, OM Gregory J. DeIy. MCIP, RPP Associale Principals MarlhllCoIIey Conlroller 699106 Municipality of C!arington Ciet"k's Office April 4, 2006 Page 2 File: 04.586 Enclosed please find a cheque in the amount of $125 made payable to the Minister of Finance, in payment of the appeal fee. Thank you. Peter R. Walker RPP FCIP President and Senior Principal @. ~iflt . Yours very truly, WALKER, NOTT, DRAGICEVIC ASSOCIATES LIMITED Planning . Urban Design' Environmental Assessment p?~. ' ,/ ./ t't({/JIt~ . , Enc. cc. A YT Ira Kagan Roslyn Houser (yIIest Diamond Properties InclPlayers Business Park Ltd) Lyn Townsend-Renaud (Halloway Holding Limited) Steven Zakem (Loblaw Properties Inc) 699107 V~(~~i LVU~ ~~.~~ Lf.LOtlO'l{'1I:J'I DENNIS HEFFERO Attachment 5 To Report PSD-083-06 Ira T. Kagan Tel: 416-368-2100 Ext.226 Direct Fax: 41&824-4224 E-mail: ik~m.o~JgJ'!~QQ.m File II 04254 May 26, 2006 B F sy ax Mr. Dennis Hefferon Ms. Roslyn Houser Bam ster and Solicitor Goodmans, LLP Royal Bank Plaza, South Tower 250 Yonge Street, Suite 2400 200 Bay Street, Suite 2600, P.O. Box 1&5 . Toronto, Ontario Toronto, Ontario MSB 2M6 MSJ 214 Ms. Lyn Townsend-Renaud Ms. PatriQj,8 Foran Barri.ster and Solicitor Aird & Bertis LLP 1400 Cornwall Road, Suite 2 BeE Place. Suite 1800, Box 754 OakviUe, Ontario 181 Bay Street L6J 7W5 T Of onto, Ontario M5J 21'9 Mr. Stanley Stein Mr. Jeff Goldenberg Osler. Hoskin & Harcourt LLP Fogler Rubinoft'LLP 1 First Canadian Place Royal Trust Tower P.O. Box 50, Station 1st Canadian Place Toronto-Dominion Centre, Suite 4400 Toronto, Ontario Toronto, Ontario M5B 1B8 M5K IG8 Dear Sirs and Madames: ..... Re: OP A 43 &: 44, Municipality of Oarington OW' clent: A YT Corporation This letter is further to the last attendance (Prehearing Conference) before the Ontario Municipal Board. At that attendance we advised all parties and the Board of the limited nature of our client's appeal. We w.au.ted to confirm those submissions and clarify oW' client's position with p. 1 188 Avenue Road, 'Ibronto, Ontario M5R ~l Phone:(416) 368-2100; Fax:(416) 368-8206 699108 UU/~LI LUU~ ~~.~~ ....I.000...{...~... UcNN1~ Hcrrc~UN LAW t-'Abc tJ.:lfl1.:l respect to its applications and appeal ofOPA 43. Our client is NOT opposed to the developments permitted by OPA44 (and thy implementing zoning by-law amendment) and has not appealed those approvals. Our client has only appealed OPA 43 and does So on a limited and site-specific basis. 00(' client's concems With.OPA 43 are limited to the lands it owns on both the east and wen side of Bennett Ro&d. from Highway 401 to Baseline Road. To this extent our client's appeal is site-specific. Our client concern is also limited to the following four (4) poliCies in OPA 43: · Policy16 · Policy 21 · Policy S3 . Policy ~8 Our client has appealed OF A 43 because of the timing oftbe passage ofOP A 43 in relation to the timing of the municipality's final decision on the A YT development applications. Our appeal i~ therefore, technical insofar as our client hopes to be able to withdraw its appeal to OP A 43 if and when the municipality approves the A YT developmetlt application. We also wish to confimt that our clients are not seeking to have the retail pennissions they are seeking take effect until 2016. Our client's applications propose that the planning documents allow retail permission~ but not until 2016. We trust that this in understanding our client's position. Yours very nuly, c-L~ Ira T. Kagan cc. A YT Corporation Peter Walker and Mary Feehely :t,;~AIA TN.oIltnl.\ll Onu.l Mar 26, 2O~.n.. p.2 188 Avenue Road, lbronto. Ontario M5R ~l Phone:(416) 368-2100; Fax: (416) 36s.8206 699109 CI![#]gtnn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Report #: PSD-084-06 File #: PLN 2.5.3 By-law #: Subject: DURHAM REGIONAL OFFICIAL PLAN REVIEW - SUPPLEMENTARY AMENDMENT (PART 2) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-084-06 be received; 2. THAT the Municipality of Clarington support the deferral of the growth management amendments (Population, Employment and Urban Land) to the Durham Regional Official Plan until such time as the Region has undertaken the appropriate studies to implement the Province's Growth Plan for the Greater Golden Horseshoe; 3. THAT in the event that the Region continues to proceed with the Supplementary Amendment, that the comments contained in Sections 8 and 9 be the Municipality's position of urban growth boundaries and growth management policy changes; 4. THAT a copy of PSD-084-06 and Council's decision be forwarded to the Region of Durham; and 5. That Council's decision be forwarded to the interested parties listed in this report and any delegatio Submitted by: Reviewed by: _ (!_4f,;:J .~ D i J Crome, M.C.I.P., R.P.P. ( ~, Director of Planning Services Chief Administrative Officer BH*CP*DJC*sn June 13, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 699110 REPORT NO.: PSD-084-06 PAGE 2 1.0 PURPOSE 1 .1 The purpose of this report is to: . Summarize and present the proposed amendments to the Durham Regional Official Plan (ROP), incorporating amendments related to the Population, Employment and Urban Land component of the ROP review; and . Provide the Municipality of Clarington's comments on the amendments to the consolidated Durham Regional Official Plan. 2.0 PUBLIC MEETING NOTICE 2.1 Council determined that a Public Meeting should be held on the proposed amendments to the growth management policies of the Regional Official Plan. Notice was placed in the Canadian Statesman and the Orono Weekly Times newspapers advertising the public meeting on June 19th for the proposed amendments to the Durham Regional Official Plan. The notice was advertised for 2 weeks. 3.0 BACKGROUND 3.1 The review of the Durham Regional Official Plan started in May 2000 with the release of a background paper. The Review has focused on five key areas: · Population, Employment and Urban Land; · Commercial Policy Review · Protection of Our Rural Resources · Towards a Sustainable and Healthy Environment; and · Transportation The general approach was to prepare discussion papers, identify issues and directions, prepare recommended directions that would form the basis of an amendment and finally to prepare draft amendments. Public comment was sought at each stage. 3.2 The preparation of the amendments has followed two separate tracks. The Region released a proposed amendment to the Regional Official Plan that addressed the Transportation, Commercial, Rural and Environmental components. The Municipality of Clarington provided comments on this proposed amendment (Part 1) on April 1 0, 2006 (Report PSD-040-06). 3.3 The release of the Greenbelt Plan and the proposed Growth Plan for the Greater Golden Horseshoe (Growth Plan) provided significant new directions for growth management in the Greater Toronto Area. The work on population, employment and urban land was delayed to consider the implications of these new initiatives. 699111 REPORT NO.: PSD-084-06 PAGE 3 The Region expressed key concerns with the proposed Growth Plan including: · The 40% intensification target . The density targets of 200 residents and job per hectare for the Urban Growth Centres of Oshawa and Pickering. . The target of 1 job for every 3 residents rather than 1 job for every 2 residents. 3.4 At the December 6, 2005 meeting of the Durham Planning Committee, considering that the Proposed Growth Plan "represented a significant intrusion into the Region's growth management responsibilities", regional staff was directed to proceed with the population, employment and urban land phase of the Review. It was felt that it was important for the Region to move forward on its growth management vision. 3.5 On January 10, 2006, Durham Regional Planning Committee received the Durham Regional Official Plan Review: Recommended Directions Report for Population, Employment and Urban Land. The Report included responses to each of the submissions received on the Population, Employment and Urban Land Discussion paper. 3.6 The Planning Committee subsequently held a series of special meetings through the month of February (including one in Clarington) to receive comments on the report. 3.7 Clarington responded to the above-referenced Recommended Directions Report on April 25, 2006 (PSD-049-06). Council supported the concept of the need for an expansion to the urban boundaries based on the Regional Population forecasts. 4.0 CONTEXT 4.1 In considering the proposed regional policies, it is necessary to consider Provincial planning initiatives that have an impact on the future development of Clarington. Over the past few years, the Provincial Government has and continues to pass new legislation, plans and initiatives that affect the proposed amendments to the Regional Official Plan. These include the: . 2005 Provincial Policy Statement . Oak Ridges Moraine Plan . Greenbelt Plan . Growth Plan for the Greater Golden Horseshoe . Bill 51 - Planning and Conservation Land Statute Law Amendment Act . Bill 43 - Clean Water Act, . The proposed extension of Highway 407 4.2 The Provincial Policy Statement has clear policies for the preservation of employment lands and natural resources; as well it directs municipalities to preserve prime agricultural land. The Oak Ridges Moraine Conservation Plan and the Greenbelt Plan have had the effect of restricting urban development from almost 81% of the land area 699112 REPORT NO.: PSD-084-06 PAGE 4 of Clarington. As a result, the existing urban areas of Courtice and Bowmanville cannot extend northerly. However, to put it in context, the area outside of the Greenbelt is approximately the size of the City of Oshawa. 4.3 Bill 51 makes numerous amendments to the Planning Act. Most of these would modify aspects of the land use planning process, provide additional tools for implementation of provincial policies and give further support to sustainable development, intensification and brownfield redevelopment. 4.4 Bill 43, The Clean Water Act, is to protect existing and future sources of drinking water. Municipalities are required to co-operate with source protection authorities, source protection committees, other municipalities and ministries of the Government of Ontario in addressing issues that affect the quality or quantity of any water that is or may be used as a source of drinking water. If a source protection plan is in effect, activities designated in the plan as activities that pose a risk to the quantity or quality of drinking water, are prohibited. 4.5 The Province has declared its intention for taking a direct role in growth management issues. The Places to Grow Act enables the government to plan for population growth, economic expansion and the protection of the environment, agricultural lands and other valuable resources in a co-coordinated and strategic way. The legislation is provincial in scope and allows for growth plans in any part of Ontario As part of this process, the Province released first the "Proposed" and subsequently a "Draft" Growth Plan for the Greater Golden Horseshoe (Provincial Growth Plan). The Provincial Growth Plan is based on a number of technical studies including population and employment projections for the Greater Golden Horseshoe (GGH). 4.6 The Region's projections prepared for the Population Employment and Urban Land report differs with the provincial forecasts for both population and employment. Should the Provincial Growth Plan come into effect the Region will be compelled to bring its Official Plan into conformity with the policies of the Plan, in accordance with the Places to Grow Act. As a result the comments of the Municipality will have to be reviewed accordingly. 5.0 PROVINCIAL COMMENTS ON DURHAM'S RECOMMENDED DIRECTIONS 5.1 In response the Durham's Recommended Directions Report for Population, Employment and Urban Land released in January 2006 the Ministry of Municipal Affairs and Housing, by letter dated April 12, 2006 (Attachment 7) states that the Region is strongly encouraged to carry out the planning exercise in accordance with the policies of the Provincial Growth Plan. The Ministry's position is summarized as: · All municipal official plans must be brought into conformity with the Provincial Growth Plan within 3 years of its final release. · All decisions under the Planning Act must conform to the Provincial Growth Plan that is in effect. 699113 REPORT NO.: PSD-084-06 PAGE 5 · Municipal planning documents, particularly those of upper tiers, are to be structured under the Provincial Growth Plan which will be the overarching provincial framework for managing growth. . The Region should be following the Provincial Growth Plan policies for population and employment forecasts; 40% intensification target; density targets in the Pickering and Oshawa Urban Growth Centres; and land needs assessment. 5.2 All indication is that the Province will soon put in force the Provincial Growth Plan. Upon its release, the Province will be undertaking a variety of tasks to implement the Plan, including the delineation of the built boundary for monitoring of intensification, an assessment of the need for new urban land, in accordance with the parameters of the Provincial Growth Plan and determining the scope and scale of the Urban Growth Centres, including those in Pickering and Oshawa. There will also be sub-area assessments at the regional scale looking at the local economy, transportation, water and waste water capacity to serve growth and defining the natural heritage system. 5.3 It is staffs view that the regional interest would be better served by advancing background work on the above issues as opposed to proceeding to try to implement an amendment to the Durham Regional Official Plan on the growth management issues contained in the Supplemental Amendment. As an alternative, Durham could be preparing for the detailed analysis to be undertaken in accordance with parameters that will be shared across the Greater Golden Horseshoe. It would also be important to start talking "apples" to "apples" so that the understanding of density, built boundary and other underlying measurements are in accordance with the approach being taken in the Provincial Growth Plan. 5.4 It is noted that Halton Region recently commenced a $2.5 million growth management study to implement the Provincial Growth Plan. 5.5 Staff would recommend that the growth management portion of the Regional Official Plan be deferred until the Provincial Growth Plan is enacted. In the alternative of the Region continuing to proceed with the Supplemental Amendment, the comments of the following sections are provided. 6.0 PROPOSED AMENDMENT 6.1 The Supplemental Attachment, Part 2 of the Regional Plan Review Amendment, proposes to: . Revise the planning horizon of the Regional Official Plan from 2021 to 2031; . Replace the population and employment targets with forecasts; . Add policies to promote the development of complete communities that include a balance of jobs and population; . Add policies to emphasize Regional Council's determination to achieve the employment target of 1 job for every 2 persons; 699114 REPORT NO.: PSD-084-06 PAGE 6 · Add policies to clarify that the structural framework of the Plan forms the basis for the long-germ growth and development of the Region beyond the timeframe of the Regional Official Plan; · Add policies to address growth management objectives including intensification, housing mix and density; · Add policies to express the Region's intent that employment growth be balanced, with at least 50% of all forecast employment in designated Employment Areas; · Add further direction for area municipal official plan conformity including: o The achievement of targets, forecasts and growth management objectives; o Consideration of local employment land needs; and o Requirements for secondary plans to be developed to 75% of their dwelling unit capacity prior to the approval of development in sequential secondary plan areas; · Add further criteria to be considered through a comprehensive review for the future expansion of Urban Area boundaries, including: o The achievement of growth management objectives; o Consideration of agricultural uses; and o Full municipal servicing. · Add criteria for the selection of areas for Urban Boundary expansion; · Add policies to recognize downtown Oshawa and downtown Pickering as Urban Growth Centres, to function as the dominant Centres within the Region; · Add policies to introduce a minimum floorspace index of 2.5 for the Regional Centres within Pickering, Ajax, Whitby, Oshawa and Bowmanville; · Add policies to encourage area municipal zoning by-laws to include permissive zoning within Regional Centres and along Regional Corridors as an incentive to implement higher density, mixed-use development in these areas; · Add criteria for conversion of employment lands to other urban designations, which can only be considered through a comprehensive review; · Add a policy to clarify that the above employment land conversion criteria does not restrict the redesignation of brownfield sites where appropriate. A complete copy of the Region's Report 2006-P-39 with the supplemental attachment to the Proposed Amendment is available for review in the Planning Services Department. 699115 REPORT NO.: PSD-084-06 PAGE 7 7.0 GROWTH FORECASTS 7.1 Population Forecast The Region's population forecast anticipates Clarington's population growing to 177,800 by the year 2031. The Province's Growth Plan has forecasted Durham Region's population growth to be 960,000 by 2031. This is 90,000 less than the Region's forecast. Despite the view that the provincial forecasts do not adequately address growth potential of Durham, if the Growth Plan comes into effect the provincial forecast will be imposed on the Region. Table 1 - Comparison of Forecasts Population and Employment Forecasts for the Region of Durham Provincial Durham Region Difference Growth Plan OP Review 2031 Population 960,000 1,050,600 Approx. 90,000 2031 Employment 398,800 350,000 Approx 50,000 The Regional forecast estimates the population of Clarington to increase from the current 80,000 to 177,800 by 2031. Clarington will represent 16.9% ofthe population in Durham Region, an increase of 2.4% (Attachment 1). POPULATION FORECASTS FOR CLARINGTON AND DURHAM REGION,2006.2031 1,300,000 1,200,000 1,100,000 1,000,000 c 900,000 :8 800,000 .; 700,000 g- 600,000 Q. 500,000 400,000 300,000 200,000 100,000 o 1m Share of Regional Population (%) m Durham Population LI Clarington Population 2006 13.85% 2021 15.57% 2031 16.92% 2011 14,48% 585,695 81,135 841,785 131,030 1,050,600 177,750 657,310 95,205 Source: Region of Ourham - Recommended Directions Report (Jan. 2006) 699116 REPORT NO.: PSD-084-06 PAGE 8 7.2 Residential Land Needs The capacity of designated urban land to accommodate the forecG'st residential growth has been reassessed. Clarington has enough designated Urban Residential land to accommodate the forecasted growth until 2026. However the results concluded that, by 2031 Clarington will require an additional 345 hectares of residential land if growth patterns and trends continue similar to those at present. POPULATION FORECASTS/GROSS LAND INVENTORY ESTIMATES FOR CLARINGTON, 2006.2031 200,000 180,000 160,000 140,000 .2 120,000 1! 100,000 ::t go 80.000 Q. 60,000 40,000 20,000 o 2006 2011 2021 2031 Year "'M'" Clarington Population -+- Clarington Gross Land Inwntory (ha) Source: Region of Durham - Recommended Directions Report (Jan, 2006) 7.3 Employment Forecast The Regional forecast has employment in Clarington projects as an increase to 43,500 jobs by 2031. This only accounts for a slight increase in Glarington's share of Regional Employment; from 10.1 % to 10.9% (Attachment 1). There is no need for additional employment area land in Clarington based on the employment forecast. 699117 REPORT NO.: PSD-084-06 PAGE 9 Employment Forecast for Clarington and Durham 500000 Region 2006.2031 300,000 400,000 200,000 100,000 0 2011 2021 2031 o Durham Region 225,800 311,400 398,900 III Clarington 22,900 31,100 43,500 Share of Regional 10,1% 10.0% 10,9% Employment 8.0 URBAN EXPANSION AREAS 8.1 Purpose of Urban Growth Boundaries Urban Growth Boundaries is a planning tool that helps municipalities manage growth based on fiscal resources and the need to protect natural resources and prime agricultural land. In addition, determination of long term public investment can be made by having defined urban boundaries; they allow for the logical planning and progression of services (transportation and infrastructure). Defined boundaries help to maintain a more compact form of urban development and allow for areas outside of the boundaries to carry on long-term planning for renewal of specialty crop areas and other types of investment by the farming community. Establishing long-term urban boundaries also stabilizes land values as it does not allow for rampant speculation and it helps eliminate competition between local municipalities when they are part of a regional plan. The new urban expansion areas proposed in the Supplementary Amendment would extend the current urban boundaries of Courtice and Bowmanville 8.2 Criteria of Expanding Urban Growth Boundaries The current policies of the Regional Official Plan outline the criteria that are to be considered when considering future urban area bC?undary expansions: . The Regional Structure; · Impact on the natural environment; . Existing or committed infrastructure; · Financial capability of the Region; 699118 REPORT NO.: PSD-084-06 PAGE 10 . Population, employment and commercial targets; . The agricultural capability of the area; and . Other matters deemed necessary by Council. It is not clear how these criteria were applied to the current proposal by the Region. There is no detailed analysis provided and no discussion of alternative growth options. For example, some growth management studies on a regional scale examine different models or options for growth and apply a quantitative and qualitative analysis to consider which growth option best achieves the Plan's objectives. 8.3 Regional Staff's Proposed Expansion Areas in Clarington Based on the population on the Regional Population projections, the Region proposes three urban area expansions within Clarington (Attachment 3). i. The East Courtice expansion (Attachment 4) is located generally south of Black Creek, is bordered to the east by Hancock Road and the existing urban boundary to the west and south. Environmental features in the area include a 9.19 hectare wood lot and Tooley Creek flows down the middle. The lands are relatively level with primarily used for agriculture with soils types ranging from class 1 to 3. ii. The West Bowmanville expansion (Attachment 5) would follow the greenbelt boundary to the north, Holt Road to the west and Highway 401 to the south. The soils range from class 1 to 3 and the lands are relatively level with the exception of a drumlin located at the south east corner of the proposed expansion area. Two small creeks flow north to south and there is a small 5 hectare woodlot at the east end of the site. Part of the Maple Grove hamlet is included in the expansion; the remaining portion is predominantly agricultural. Hi. The East Bowmanville expansion (Attachment 6) fills in the area south of the 401 between Bowmanville and the Wilmot Creek Adult Lifestyle Community. This area is used for agriculture and consists of class 1 soils. The proposed area would be used for residential purposes and is now in the ownership of Ridge Pine Park Inc., the owners of the Wilmot Creek Community. 8.4 Preliminary Analysis of Expansion Areas The total proposed Urban Growth Boundary Expansion area is 734 hectares; 522 designated as Residential Area and 212 as Employment Area. The non-developable and developable portions are shown on Table 2 but would be subject to more detailed analysis in the detailed planning stage. 699119 REPORT NO.: PSD-084-06 PAGE 11 Table 2 - Urban Boundary Expansion Areas Residential Area (ha) Employment Area (ha) Non-Developable Developable Non-Deveiopable Developable Courtice 29,86 108.94 48.34 75.39 West Bowmanville 90.32 241.45 16.27 72.77 East Bowmanville 2.1 49.7 0 0 TOTAL 122.28 400.09 94.61 148.16 Regional staff advised that the gross land area has been increased from the net residential land required shown in Section 6.2 in order to account for environmental constraints, public lands and infrastructure and commercial requirements, including large format retail areas. Regional staff also advised that while there is no need for the additional employment lands at this time, they were incorporated to provide continuity of the urban boundary down to Highway 401. 8.5 Implications of Regional Greenbelt Submission 8.5.1 Regional Council recently authorized a submission to the Province the remove certain lands from the Greenbelt and, in the case of Clarington, add certain lands to the Greenbelt between Bowmanville and Courtice. In Clarington, lands on the north west and north east corners of the Courtice Urban Area were not only requested to be deleted from the Greenbelt but regional staff were instructed to have these lands designated for future urban development. 8.5.2 Regional staff responded to a further request of Regional Planning Committee as to how this may be accomplished. Staff Report 2006-P-51 noted that direction has been given throughout the Region OP Review that the amendment was to implement the Greenbelt Plan and therefore would be in conformity with the Greenbelt Act and Plan. Regional staff reported that adopting an amendment that designated lands in the Greenbelt as "future urban development" such as proposed in Ajax and Courtice, would render the amendment (including all of the other unrelated policies addressing urban development) to be of no effect and in violation of these Provincial instruments. 8.5.3 As a result of a review of this issue by the Region's Legal Department, it was recommended that the Region's request "be appended to the Regional Official Plan as an expression of Council's desire for certain amendments to the Greenbelt Plan." Regional staff proposed that this Appendix include Regional Council's resolution detailing the request and Council's intent to pursue theses changes. 699120 REPORT NO.: PSD-084-06 PAGE 12 8.5.4 Unfortunately this approach creates uncertainty and undermines the land needs analysis done to date. In light of the Region Council's position, should these lands be assumed as urban expansion lands or Greenbelt lands?, Given th3t Council has passed the resolution for the former, it has some status towards urbanization. The Region should therefore have reduced the lands required by the portion identified for future urban lands in Regional Council's resolution. 8.5.5 The Municipality does not support the changes proposed to the Greenbelt boundary. 8.6 Staff Recommendations on Urban Area Expansions 8.6.1 In a previous report on the Phase II Discussion Papers on April 19, 2004 staff recommended that based on the recommended population forecasts, additional lands in the urban area are required. The Municipality has previously expressed the opinion that the Regional Forecasts are aggressive in comparison with our own forecasts and with the Province's forecast. If the Provincial Growth Plan comes into force within the next three months as expected, the basis of the Region's land needs analysis will change and there may be very little land required to meet Clarington's provincially-defined growth needs. 8.6.2 In general, since the need for additional lands only occurs in the last 5 years of the plan (between 2026 and 2031) based on the higher population forecasts, Planning staff support more limited urban area expansions than proposed by the Region. In particular the East Bowmanville and a more limited West Bowmanville expansion to Maple Grove Road are supported as reviewed below. Staff would also support If more residential land is required than these minor expansions, then Staff support the addition of the Courtice lands over to Hancock Road. It would be preferable that the other expansions await more detailed information and that there is a period of monitoring of growth trends under the Provincial Growth Plan to determine how successful the Plans are at achieving more compact, transit-oriented and complete communities. 8.6.3 Support for East Bowmanville expansion (Wilmot Creek Lifestyle Community) The 52 ha additional lands located in the south-west quadrant of Bennett Road and Highway 401 is an isolated pocket of land that will become less viable as an agricultural parcel as the Bowmanville waterfront lands are urbanized. Approximately one half of it is currently occupied by Wilmot Creek Lifestyle Community as their sales centre and recreation area. The incorporation of these lands into the urban area is an appropriate. 8.6.4 Support for the West Bowmanville Residential Expansion Area Onlv to Maple Grove Road The proposed West Bowmanville Expansion Area should be amended to only include lands from the current urban boundary to Maple Grove Road. This provides a rounding out of the Bowmanville Urban Area to a boundary which helps to mitigate the potential impacts on the agricultural operations at the urban/rural interface. The current arrangement with rear-yards of residential dwellings abutting active farming operations creates land use conflicts. From a neighbourhood design perspective, it provides for 699121 REPORT NO.: PSD-084-06 PAGE 13 only a partial neighbourhood and doesn't allow for a westerly access to the residential area. A decision on the remaining portion should be deferred until subsequent Official Plan Reviews. A decision would be pre-mature at this time as assumptions on growth patterns will change and Provincial Policies continue to evolve. The total area of the Amended West Bowmanville Expansion would be 117.91 hectares, 81.63 hectares would be considered developable and 36.28 would not. These proposed urban lands west of Maple Grove Road, in closer proximity to the Darlington Nuclear Generating facility, would enhance the urban separator between Bowmanville and Courtice. The urban separator should remain sufficiently large to allow an agricultural uses to remain for the planning period. 8.6.5 Support for East Courtice Residential and Industrial land Expansion The Region proposes to expand the urban area of Courtice easterly to Hancock Road. The proposed new urban area contains both living and employment lands. The benefits of this expansion include the sequential development of industrial and residential lands that could easily be serviced. In addition, this area lies east of the proposed trunk sewer connecting the South Courtice WPCP to northern commercial and residential developments in North Oshawa. The proposed employment lands is also seen as a "natural" expansion of the industrial developments in this area of Courtice; in a separate report, staff is recommending for approval of a waste-composting facility in the proposed expansion area. However, further development of this area should only proceed once a subwatershed management plan is prepared for Tooley Creek that would incorporate the preservation of the natural heritage features and baseflow for the creek. It should not be necessary to revisit these designations when the alignment for the Durham East Freeway is determined as the most westerly alignment is east of Hancock Road. Clarington future industrial lands beyond the current planning period would largely be located along this corridor. 8.6.6 Do not support the West Bowmanville Industrial Land Expansion. This area of Bowmanville is the focused of rapid residential development and recently the municipality has been investing in the development of major recreational facilities. West of this municipal park, a creek flows through the middle of these lands thus reducing its viability for industrial development. This isolated pocket of land should not be designated for urban uses at this time given the lack of need for additional industrial lands. It should be reserved for future consideration in subsequent Official Plan review when there is certainty about the location of the Durham East Freeway, among other things. . 699122 REPORT NO.: PSD-084-06 PAGE 14 8.6.7 Clarington needs more Serviced industrial land rather than additional designated industrial lands The different background reports prepared for the Regional Official Plan have concluded that Clarington has an adequate amount of designated land for employment. However, what the municipality lacks is serviced land. The Municipality is in the process of developing aggressive plans for two major employment areas: the Energy Business Park and the Science and Technology Park. They will help meet our employment targets only if infrastructure services become available in the near future. Large parcels of land without services but designated for employment uses attract low quality industrial uses that usually require large amounts of outdoor storage. Since much of the employment lands in Clarington are located along Highway 401, this industrial uses would tend to detract from the community's image and Council's development efforts to implement the plans for the Energy and SciencefTechnology Business Parks. 8.7 East Bowmanville Expansion and Council's resolution on AYT 8.7.1 As part of consideration of Staff Report PSD-027 -06 on the Clarington Commercial Policy Review, on March 1, 2006 Council adopted a resolution that directed staff to make submission to incorporate a 57 acre parcel owned by A YT Corporation on the north-east corner of Highway 401/Bennett Road interchange be included for an Urban Boundary Expansion and designated appropriately to permit large format retail over the longer term. Council's resolution also provided for the redesignation of the other A YT parcel on the west side of Bennett Road for Prestige Employment and for the retention of the Bennett Road interchange. 8.7.2 By separate report, staff is advising Council on the progress of discussions with A YT. The Council-proposed land uses are not acceptable to A YT. It is respectfully requested that Council should provide direction on this issue. 9.0 OTHER COMMENTS ON GROWTH MANAGEMENT POLICIES 9.1' Intensification 9.1.1 Staff support the recommendation that intensification account for 20% of all new residential developmeht. This is appropriate in Clarington. However, the intensification target could be higher in the areas with Urban Growth Centres (Downtown Oshawa and Downtown Pickering) identified in the Provincial Growth Plan. The Region should not use a "one size fits all" approach to lakeshore urban areas but should recognize their differing characteristics, including their role in the Regional structure, the brownfield areas available, the age of development, etc when setting intensification targets. 9.1.2 Intensification will be measured differently in the Provincial Growth Plan and the Regional Official Plan. The built boundary proposed in the Proposed Amendment is 699123 REPORT NO.: PSD-084-06 PAGE 15 based on a line established in the 1991 Regional Official Plan Review. The Province's built boundary line is to be established on the basis of more recent development limits, likely 2005. The latter should be used for measuring intensification. Under the Region's line, any of the higher density development occurring in thd area of the West Bowmanville Main Central or the Courtice Main Central Area would not count towards intensification. 9.2 Greenfield Densities Staff agree that greenfield areas should be developed at a minimum density of 17 units but would favour using 12 units per hectare for Newcastle Village Urban Area. 9.3 Phasing Policies It is important to have strong phasing policies for new development in order to efficiently use infrastructure. Clarington's urban areas have more of a challenge than many others urban areas with the possibility of growing in several directions at once. Municipalities will be required to prepare secondary plans which contain phasing policies. These secondary plans will provide implementation strategies to provide adequate land, infrastructure and public facilities and encourage maximum utilization of existing infrastructure as well as protecting the natural environment. The policy that requires secondary plans to be developed to 75% of their capacity prior to the approval of development in another area is not an effective method implement phasing in Clarington. The Region's plan should establish a general approach that one neighbourhood planning area should be largely completed before another starts. However, it is likely more effective to have each area municipality submit a growth management plan that addresses the sequential phasing of residential areas. 9.4 Bowmanville Regional Centre Development Density Each urban area has unique circumstances. The use of an minimum overall floor space index (FSI) of 2.5 in Bowmanville may be appropriate in the West Bowmanville Central Area but would destroy the historical character of portions of Downtown Bowmanville. In order to understand the implications of this target, the existing overall FSI should be provided for each Regional Centre. Moreover, there are concerns as to how the "minimum overall" f100rspace index would be applied. Each project coming in may make the case for lower densities and the "average" is never enforced. This is particularly true for new commercial developments where the densities tend to be approximately 0.25 FSI. Moreover, in order for this to be an average, in consideration of existing building stock, it would be necessary for all new infill projects to exceed the "minimum overall" FSI. Lastly, there should be an understanding of how the proposed "minimum overall" floor space index compares to the Province's approach of "residents and jobs per hectare" While we applaud the Region's efforts to require higher densities within regional centres, the only way to achieve higher density is through a less car dependent built form with a successful higher order transit system. There is no commitment in the Regional Plan to extend such a system to Clarington in the time period of the Plan. 69912'4 REPORT NO.: PSD-084-06 PAGE 16 Can Bowmanville even expect the level of transit service currently available in Oshawa? Perhaps the Region should consider an appropriately-designed minimum density that at least establishes a base. If the Region continues to use the "minimum overall" as a basis of measurement, it should be much lower for Bowmanville Regional Centre for the following reasons: · Bowmanville is not an Urban Growth Centre under the Provincial Growth Plan · There is no commitment by the Region or GO for higher order transit to serve the Centre · There is heritage building stock in the downtown that should be preserved. "" 9.5 Monitoring of Growth Management Targets The current Regional Plan has a number of growth management targets and the proposed Amendment would add additional targets. These targets are only of value if they are monitored and enforced, where appropriate. The Region should include appropriate policies about how these policies will be monitored and implemented. 9.6 Regional Corridors The "Regional Corridor" designation along Highway 2 should be extended to include the area within the proposed Urban Boundary Expansions of Courtice and West Bowmanville. Regional corridors should have more detailed policies addressing built- form and development densities 9.7 Durham East Freeway The "Freeway Connection" between Courtice and Bowmanville has been removed from Schedule 'A'; current Highway 407 East extension E.A. has to date confirmed the need for the East Durham Freeway, this should be replaced with a "Proposed 401/407 Link". 10.0 NEXT STEPS 10.1 The next steps in the Region's schedule for the Durham Official Plan Review are: · June 27,2006- Statutory Public Meeting on Population, Employment and Urban Land Proposed Amendment End of Consultation Period Release of Decision Report on Recommended Amendment Planning Committee Decision Regional Council Decision . July 7, 2006 - · August 8, 2006 - · August 29,2006- · September 13, 2006 - 699125 REPORT NO.: PSD-084-06 PAGE 17 11.0 CONCLUSION 11.1 The release of an approved Growth Plan for the Greater Golden Horseshoe, which is considered imminent, will have a significant impact on the growth management component of the Durham Regional Official Plan. It would be preferable to work on shaping this Plan to best meet Durham's needs rather than expend the effort on the current exercise. 11.2 In the alternative of the Region staying the course, comments are provided. Staffs proposal, while more limited, still provides lands for up to an additional 11,000 people: 6,000 in Bowmanville and 5,000 in Courtice. Assuming the planned population for the existing urban boundaries in the Regional Official Plan remains on target, Bowmanville would have approximately 91,000 people by the year 2031 and Courtice would have a population of approximately 50,000 by the same time. Newcastle is currently planned for 17,500 persons but increased greenfield densities and intensification would increase this population. 11.3 The lack of detailed analysis on various urban growth alternatives and their implications remains a concern. Attachments: Attachment 1 - Population and Employment Forecast Attachment 2 - Gross Land Inventory - Region's Land Need Analysis Attachment 3 - Proposed Expansions to Clarington Urban Growth Boundaries Attachment 4 - Proposed Courtice Urban Growth Boundary Expansion Attachment 5 - Proposed West Bowmanville Urban Growth Boundary Expansion Attachment 6 - Proposed .East Bowmanville Urban Growth Boundary Expansion Attachment 7 - Ministry of Municipal Affairs and Housing letter dated April 12, 2006 List of Interested parties to be advised of Council's decision: Linda Gasser Libby Racansky Adam Brown Bryce Jordan Tony Biglieri Peter Walker Walter Kranzl Richard Ward David Rice Aleksandr Bolentenko Michael Montgomery Jason Swartz 699126 Municipality Year 2011 2021 2031 ,I Aiax Population: Urban 100,900 127,300 133,900 Rural 1,200 1,300 1,300 Total 102,100 128,600 135,200 Employment: 32,300 42,800 49,400 . Brock Population: Urban 7,300 8,900 11,000 Rural 6,400 6,700 7,200 Total 13,700 15,600 18,200 Employment: 4,400 5,600 6,500 ClarinQton Population: Urban 79,200 114,400 160,300 Rural 16,000 16,600 17,400 Total 95,200 131,000 177,700 Employment: 22,900 31,100 43,500 Oshawa Population: Urban 160,000 192,300 235,500 Rural 1,700 1,700 1,800 Total 161,700 194,000 237,300 Employment: 70,300 84,200 103,300 Pickerina Population: Urban 100,800 145,000 201,100 Rural 4,300 4,500 4,800 Total 105,100 149,500 205,900 Employment: 38,200 67,600 93,400 SucQoa Population: Urban 9,900 11,500 11,500 Rural 13,400 14,100 14,600 Total 23,300 25,600 26,100 Employment: 7,600 8,500 10,200 Uxbridae Population: Urban 12,100 12,500 12,500 Rural 10,300 10,900 11,500 Total 22,400 23,400 24,000 Employment: 6,500 7,800 10,100 Whitby Population: Urban 131,600 171,600 223,600 Rural 2,500 2,600 2,600 Total 134,100 174,200 226,200 Employment: 43,600 63,800 82,500 Durham Population: Urban 601,700 783,400 989,300 Rural 55,600 58,400 61,300 . . . .. : . alll....II.'... . .. Employment: 225,800 311,400 398,900 Note: Numbers are rounded to the nearest 100, Totals may not add precisely due to rounding. Attachment 1 to Report PSD-084-06 699127 Municipality Housing Type Ajax S,ng'e .......'.......-."""""". .;.~ ~k'~- ..... ---:+<i:Yi _ltJt.'. Brock _..............s.'.f'!.'...'..~....'..:,._.....I. __-_.cc~~; ';';l'~<';'_' Clarington -..1 -'-~-:'.,.. -~; "ltH.'. ----.--.-"'-, ~ Oshawa ~ P""orin. == "-og -* Uxbrid.e --=II - III Attachment 2 to Report PSD-084-06 TABLE 2 GROSS LAND INVENTORY (Hectares) 2011 2031 2016 2026 ~C~-='.._.l..:::=-.t::==-::_- 215 I 195 . 175 ! . 5C j 130 I ;"'"""~~..~~.,...~..-.._' .'~~.'.-'~'-. '.'..-. ,.., .. ". ._.......~..'t~.:.._...-.'....-'-. '.--.'.,;....'. ~....'.I.Il....III.~~'~.'. ......<~."'.; :~-~;~17if.,r#{!t~,~~-~:~~~e~~~~~t_~~l~;t~\,-~\<_c~,F~ -.: _ Jc.:.~,,?~.0"'_.,'t.~i:: '~: ,,',' '7~:~.:---~f;_ J~~ _ ';':1 l"" 'Jt~ -_.~..~~~~. "'-~''', ,-..~~ - , 410 35 (305::. o :295) o '55! o 350 (:!,5C) (775:. ~.....e.5.... .55 · 35. 35. '.30 ,_ . Co . (5.;, . (5; (5) .. ""-t ., I ~ . J"~ /1'__.: f .; . ~;;:,u..-......-~ 230 (1.275 \ 1135'1 14801 (70! (e.) 699128' Attachment 3 To Report PSD-084-06 , I , . I . I . I . CIS l!! e(CIS _J: .!!!o c~ G)CIO "eM 'iij .... G) 0:: c o .- en c co c. >< w ~ co " c ::s o m co ~ <C c co .c ~ ::::>> " Q) en o c. e 0.. o ____I 699129 Attachment 4 To Report PSD-084-06 Proposed Urban Area Boundary Expansion-Courtice 699130 Attachment 5 To Report PSD-084-06 Proposed Urban Area Boundary Expansion-West Bowmanville 699131 Attachment 6 To Report PSD-084-06 Proposed Urban Area Boundary Expansion-East Bowmanville 699132 Ministry of Municipal Affairs and Housing Municipal SeNic&$ OffiCe Central Ontario 777 Bay Street,:f"l Floor Toronto ON M5G 2E5 Phone: 416-585-6226 Fax: 4 1 6-585-688~ Toll-Free: '-800-668-0230 Ministere des Affaires municipales et du Logement Bureau des selvicee BUll municipalit~ Centre de ,'Ontario m, me Bay, ~ 'tage Toronto ON t.,15G 2E5 T6I~phone: 416.565-6226 TQiecopleur: 416-585-6882 Sans frais: 1-800.668-0230 Attachment 7 to ~11 Report PSD-_084-06 ~Ontano April 12, 2006 A. L. Georgieff, MelP, RPP Commissioner of Planning Regional Municipality of Durham Planning Department 605 Rossland Road E., 4th Floor P.o. Box 623 Whitby ON l1 N BA3 Dear Mr. Georgieff, Re: Durham Region Official Plan Review - Recommended Directions for Population, Employment and Urban Land (January 2006) Durham Region Rle No.: 012-01 MMAH File No.: 18.DP.2003 Thank your for providing us with a copy of the Recommended Directions Report released on January 10, 2006 which recommends directions for the -Population, Employment and Urban Land component of the Durham Region Official Plan (DROP) Review. It is our understanding that this report will be presented to Planning Committee on April 25, 2006 for consideration and to request the release of a proposed amendment to the DROP. The following are the Ministry of Municipal Affairs and Housing's (MMAH) preliminary comments. More detailed comments will follow once the proposed amendment is released for public/agency consultation and review. The review is based on a review of the Planning Act and Provincial Policy Statement, 2005. (PPS), Proposed Growth Plan for the Greater Golden Horseshoe issued November 2005, the Region's Recommended Directions Report and a "One-Window" circulation with the Ministry of Public Infrastructure Renewal (PIR). Implementation 'of the Proposed Growth Plan The Proposed Growth Plan is still subject to finalization. However, following the release of the final Growth Plan, municipal implementation of the Plan will. among other things, include conformity with the policies in the Plan in accordance with the Places to Grow Act. 2005. The Places to Grow Act, 2005, requires that all decisions under the Planning Act conform to a growth plan that is in effect. This Act also 131 699133 requires that within three (3) years of a growth plan being approved all municipal official plans must be brought into conformity with the Growth Plan. In addition, PIR will undertake mapping and data gathering necessary to measure density and intensification targets, in consultation with municipalities. This work will focus on the following key matters: . Identification of the "built boundary'"; . Identification of the scope and scale of Urban Growth Centres; and . Determination of need for new urban lands. If the Growth Plan is approved, all decisions including the adoption and/or approval of the DROP, would have to confonn to the policies of the Growth Plan. Therefore, the Region is strongly encouraged to carry out this planning exercise in accordance with the policies of the Proposed Growth Plan. Growth Forecasts (Population, Household and Employment) Durham Recommended Directions: . Region's population will grow to 1,050,600 by 2031. . Region's employment forecast is 398,800 jobs by?031 Proposed Growth Plan: . Forecasts a population of 960,000 by 2031 (about 90,000 less than the Region's recommended forecast). . Forecasts Durham's employment to reach 350,000 jobs by 2031 (approximately 50,OOOle88 than the Region's recommended forecast). The Proposed Growth Plan is to be the overarching provincial framework for managing growth to 2031 in the Greater Golden Horseshoe (GGH) under which municipal planning documents, and particularly those of upper tierS, are to be structured. To this end, Policy 2.2.1.1 states population, household and employment forecasts for all upper and single-tier municipalities contained in Schedule 3 will be used as the basis for planning and managing growth in the GGH. As noted in the preface to the Directions Report, "the Region is at odds with the Provincial forecasts for both population and employment. This has implications on the assessment of the Region's urban land needs." The Rec9mmended Directions Report highlights that the population and employment forecasts the Region is proposing to rely on to 2031 is about 90,00 people and 50,000 jobs more than the forecasts within the Proposed Growth Plan. Accordingly, these are the forecasts, which the Region should be utilizing in its DROP Review. 2 "'~f") .1 .j .;" 699134 intensification and Built-Up Area Durham Recommended Directions: . Add a new policy that the consideration of boundary expansions for Living Area uses will be contingent upon the realization of the 20% intensification target in the existing designated urban areas or a demonstration that the municipality is moving significantly toward the target. . Designate a built urban boundary in accordance with the established 1991 built urban area boundary. . Add a new policy which requires local official plans to include phasing policies to recognize the intensification and redevelopment objectives of the ROP . through secondary plans. Proposed Growth Plan: . Requires that by the year 2015, and for each year thereafter. a minimum of 40% of all residential development occurring annually within each upper- and single -tier municipality will be within the built-up area; . PIR will verify and delineate the built boundary in consultation with upper- and single-tier municipalities. One of the key assumptions of the Region's analysis is that intensification will represent 20% of all new residential development. Residential intensification is an important component of both the Proposed Growth Plan and the PPS - with the Proposed Growth Plan identifying the 40% target by 2015. PIR is planning to verify and delineate the built boundary in consultation with upper and single-tier municipalities (Policy 2.2.3.5). All upper and single-tier municipalities, in consultation with lower-tier municipalities, are to develop and implement official plan policies and " outline a strategy to phase-in and achieve the intensification target (Policy 2.2.3.6). In addition, municipalities are to identify intensification areas that will be planned to meet particular criteria, such as transit-supportiveness (Policy 2.2.3.7). If the Growth Plan is approved as proposed, the Region would have to be able to illustrate how it will meet the 40 % target by 2015, and all following years. When developing policy and assessing its land needs. the Region should be using this target rather than the target of 20% as.proposed. While the Proposed Growth Plan does provide municipalities with flexibility in determining how intensification is accommodated and distributed across the region, it does not provide upper-tier municipalities in the inner ring with the ability to alter the requirements of a growth plan or set a lower target. Density .., Durham Recommended Direction: . Require that designated greenfield areas develop at a minimum density of 17 units per hectare (7 units/acre) for the lakeshore urban areas and 12 units per hectare (5 units/acre) for other urban areas. 3 193 699135 R 1 2 2 0 ~ b :J : ;j I H M r t'( 1'1 ~ U L. t:. N I ,.... t1 L. ... .1 \oJ twJ'-'wJ ---- . - - - - - - - . Add a policy requiring that at least 30% of all new residential units produced be of a type other than single-detached. Proposed Growth Plan: Policy 2.2.4.5 of the Proposed Growth Plan states that Urban Growth Centres (UGC's) will be planned to achieve a minimum gross density target by 2031 or earlier. The density target for downtown Pickering and downtown Oshawa in Durham Region is a minimum gross density of 200 residents and jobs combined per hectare each. Therefore, a recommended direction should be Incorporated to achieve this density target for the UGC's. If the Growth Plan is approved, PIR will be working with municipalities to identify the scale and scope of each UGC (Policy 2.2.4.2). Municipalities will be responsible for delineating the actual boundaries (Policy 2.2.4.4). In addition, the designated Greenfield area of each upper-tier and single-tier municipality is to be planned to achieve a minimum density target that is not less than 50 residents and jobs per hectare, excluding provincially significant features and areas where development is not permitted in accordance with provincial plans and policies (Policy 2.2.7.1). For both the UGC's and designated Greenfield areas, the Region needs to demonstrate how these density targets would be achieved. The Recommended Directions Report suggests that a gross target of, 17 or 12 units per hectare (lakeshore and other urban areas respectively) should be adopted in the DROP Review. However, because a clear methodology (including assumptions) has ' not been provided in the report for calculating these targets, it is not possible to determine if they implement the Proposed Growth Plan target. In addition, it is alse' not clear whether either density target can be achieved when the proposed housing mix in the Recommended Directions Report is for 70% single detached units. Lastly, there is no mention of minimum targets for the provision of housing which Is afford~ble to low and moderate income households in accordance with PPS Policy 1.4.3 a). 4 194 699136 Urban land Needs (Living Areas and EmploY""!ent Areas\ The Region's assessment of required living Area and Employment Area land to accommodate growth is based on targets, forecasts and density assumptions contained in the Directions Report which are notably different that those contained in the Proposed Growth Plan. As a result, the conclusion in the Recommended Directions Report that there is a shortage of 2,890 hectares of Living Arp.R and 380 hectares of Employment Area should be revisited in the context of a land budget which applies the policies of the Proposed Growth Plan. Maior Infrastructure and Financial Strateav The evaluation of infrastructure needs should be an essential component of the population, employment and urban land component of the ROP Review. The City's Recommended Directions Report notes that the 40% intensification rate and higher density targets would be difficult to achieve without adequate infrastructure, particularly significant investment in water, sewer and transportation infrastructure. Conversely, the infrastructure and public seavice facilities needed to support greenfield development also requires significant investment. As such, preparation of a master infrastructure plan which includes cost estimates and financing associated with sewage, water, transportation and public service facilities should also be undertaken. We (I.e. MMAH and PIR) would be pleased to discuss any of these matters in more detail. Please feel free to have your office call me directly at 416-585-6583 to make arrangements. . ~~ ner, MCIP, RPP Louis Bitonti Planner c.c. Hannah Evans, PIR s .1.95 ** ToTAL ~.4:l6 ** CJJJlmgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19, 2006 Resolution #: Report #: EGD-34-06 File #: By-law #: Subject: REQUEST FOR A STORMWATER OUTFALL CONSTRUCTION AND MAINTENANCE EASEMENT WITHIN BOWMANVILLE CREEK V ALLEYLAND - APPLICANT: BOWMANVILLE CREEK DEVELOPMENTS LIMITED - SPA 2003-036 TORGAN COMMERCIAL DEVELOPMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-34-06 be received; 2. THAT the Municipality of Clarington grant the transfer of an easement for the construction and maintenance of stormwater outfall, shown as Parts 27 and 28 of Registered Reference Plan 40R-24250, to Bowmanville Creek Developments Ltd.; 3. THAT the attached by-law granting the easement for the construction and maintenance of a stormwater outfall be passed, at such time as the reference plan has been registered, authorizing the Mayor and Clerk to execute the easement; 4. THAT the Municipality's solicitor be directed to complete the transaction; 5. THAT all costs associated with the transfer of the easement be borne by the applicant; and 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 701 REPORT NO.: EGD-34-06 PAGE 2 Respectfully by, cS)~--5~ ubmitted by: A. S. Cannella Director of Engineering Services Reviewed by: Franklin Wu Chief Administrative Officer ASC/LJB/dv June 9, 2006 , 702 REPORT NO.: EGD-34-06 PAGE 3 1.0 BACKGROUND 1.1 Bowmanville Creek Developments Inc. has applied for site plan approval to develop a commercial property on Baseline Road in Bowmanville. Attachment 1 shows the location of the property. 1.2 In order to facilitate the development, the applicant must construct a stormwater outfall within the Bowmanville Creek valley lands which are owned by the Municipality. An easement must be granted by Council to allow the applicant to construct and maintain the stormwater outfall within the valley land. 2.0 CONCLUSION 2,1 The development proposal has been subject to extensive review by all relevant agencies including Central Lake Ontario Conservation Authority through the site plan approval process. Staff has ensured that the stormwater outfall has been designed to minimize erosion damage to the Bowmanville Creek, both through the construction phase and over its long term operation. 2.2 The easement is described as a. Part 27 and Part 28 on Reference Plan 40R- 24250 and would permit the applicant to construct and maintain the stormwater outfall works for the proposed commercial development. The terms of the easement do not allow the applicant to remove or place additional fill other than what is required for the outfall itself. The easement also indemnifies the Municipality against claims or liabilities that may arise from the granting of these easement rights. 3.0 RECOMMENDATIONS 3.1 In consideration of the comments noted above, it is recommended that the requested easement for construction and maintenance of the stormwater outfall be granted and the attached bylaw (Attachment 2) be forwarded to Council for enactment. All costs associated with the transfer of the easement will be borne by the applicant. 703 REPORT NO.: EGD-34-06 PAGE 4 Attachments: Attachment 1 - Key Map Attachment 2 - By-law Authorizing the Transfer of a Stormwater Outfall Construction and Maintenance Easement List of Interested Parties: Bowmanville Creek Developments Ltd. 704 1-'---1 I l-_.---"'; ; i r-1 S <1:' ....J ! i i I i i I ~-"--i I I -.J SPRY AVENU ) \ U3 0\ ~ ~ Q) ~ S. Cll (1 ""'\ Cll l\) ~ !~ --~,----j I \ ! \-----1 ! ) l! [ SPRY AVENUE I o <( o 0:: ~ ..J ~ _.._._~ ~ i-ri! ! r..... li i 'A._~. .. "'.. .....;! ~....l,,-......l_.,.~....,l,[..:.,::c:,=,.'.:,~..~~.:.:.-=tt~5g~ )~~ ,'e 15\; ]V W~E s 'i.~_......,~.. ,)....-;> ....~.';,'..,. . .:.::-. ~~~ :::::-::....~..,..L. ;, .," ~., ~.,- ' -"'-"""" j Hwy, 401 &'._-, " South Service Rd,<:"'<-' // ,,"-., -il: 1111:.,iY'~; DRAWN BY: EL DATE: June 7, 2006 ~_..~.~ ~,- -- .... ~ ':.._.'::....::::..::::.:-:.......... .,.,., __I KEY MAP REPORT EGD-34-06 ATTACHMENT NO.1 705 G:\Attachmenls\Rona Site,mxd BOWMANVILLE ATTACHMENT NO.: 2 REPORT NO.: EGD-34.06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2006-XXX Being a By-law to authorize the transfer of an easement shown as Part 27 and Part 28 of Registered Reference Plan 40R- 24250 for the purpose of constructing and maintaining a stormwater outfall. WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-34-06, including the recommendation that an easement shown as Part 27 and Part 28 of Registered Reference Plan 40R-24250 for the purpose of constructing and maintaining a stormwater outfall be transferred to Bowmanville Creek Developments Ltd. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. The transfer of an easement by The Corporation of the Municipality of Clarington to Bowmanville Creek Developments Ltd., its successors and assigns on Part 27 and Part 28 shown on a plan of survey of record deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Plan 40R-24250 for the purpose of constructing and maintaining a stormwater outfall together with any and all appurtenances thereto as may from time to time be required to be transferred, to be made for a nominal consideration and to contain terms satisfactory to the Director of Engineering Services of The Corporation of the Municipality of Clarington, is hereby authorized to be made. 2. The Mayor and Clerk are authorized to execute the transfer of the easement referred to in Section 1 on behalf of The Corporation of the Municipality of Clarington. BY-LAW read a first and second time this 26th day of June, 2006. BY-LAW read a third time and finally passed this 26th day of June, 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 706 Cl!Jl.iQglOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Resolution #: Report #: EGD-35-06 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MA V, 2006. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-35-06 be received for information. Submitted by: ~ A. S. Cannella, C.E.T. Director of Engineering Services Reviewed bQ~-S ~ anklin Wu Chief Administrative Officer ASC*RP*bb June 7,2006 CORPORA liON OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824 707 REPORT NO.: EGD-35-06 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of May 2006, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF MAY YEAR TO YEAR TO % CHANGE OF VALUE 2006 DATE 2006 DATE 2005 YTD 06-05 Permits Issued 80 386 458 -15.7o/c VALUE OF CONSTRUCTION Residential $8,741,344 $57,172,493 $55,425,246 3.2o/c I nd ustrial $0 $1,859,00C $21 ,600 8506.5o/c Government $25,000 $1,525,000 $202,500 653.1o/c Commercial $72,000 $1,087,80e $1,478,209 -26.4o/c Institutional $50,000 $445,846 $3,500 12638.5o/c ~gricultural $C $433,43e $420,34S 3.1o/c rrOT AL $8,888,344 $62,523,579 $57,551,403 8.6o/c The following is a historical comparison of the building permits issued for the month of "MAY" and "YEAR TO DATE" for a three year period. Historical Data for Month of "May" Historical Data "YEAR TO DATE" $120,000,000 $25,000,000 $0 $100,000,000 $0 $80,000,000 $20,000,000 $15,000,000 $60,000,000 $10,000,000 $40,000,000 $5,000,000 $20,000,000 II value II value 708 REPORT NO.: EGD-35-06 PAGE 3 The following is a comparison of the types of dwelling units issued for the month of liMA Y" and "YEAR TO DA TE". Dwelling Unit Type "MAY 2006" Dwelling Unit Type "YEAR TO DATE 2006" o Townhouse 0% o Apartment 0% 64 Apartment 21% 59 TO'M'lhouse 8% 180 Single Detached 57% 2 Semi- Detached 6% 49 Semi- Detached 16% . Single Detached 33 fl!I Semi-Detached 2 fl!I Townhouse 0 fl!I Aparbnent 0 33 Single Detached 94% . Single Detached 180 II Semi-Detached 49 Ii3Townhouse 19 II Apartment 64 Attachment #1 - Monthly Building Permit Activity Report/Historical Comparison of Building Permit 709 MONTH OF MAY 2006 2006 2005 BUILDING CATEGORY NUMBER OF VALUE OF NUMBER OF VALUE OF PERMITS CONSTRUCTION PERMITS CONSTRUCTION Residential 65 $8,741,344 115 $12,294,495 Industrial 0 $0 1 $10,000 Government 1 $25,000 1 $57,500 Commercial 4 $72,000 7 $659,209 Institutional 1 $50,000 1 $3,500 Agricultural 0 $0 1 $6,500 Demolition 9 $0 5 $0 TOTAL 80 $8,888,344 131 $13,031,204 YEAR TO DATE 2006 2005 BUILDING CATEGORY NUMBER OF VALUE OF NUMBER OF VALUE OF PERMITS CONSTRUCTION PERMITS CONSTRUCTION Residential 332 $57,172,493 414 $55,425,246 Industrial 4 $1,859,000 3 $21,600 Government 2 $1,525,000 4 $202,500 Commercial 21 $1,087,805 18 $1,478,209 Institutional 2 $445,846 1 $3,500 Agricultural 6 $433,435 6 $420,348 ~ Demolition 19 $0 12 $0 TOTAL 386 $62,523,579 458 $57,551,403 Attachment #1 - Monthly Building Permit Activity Report/Historical Comparison of Building 710 PERMIT FEES May $76,884 2006 Year to Date $519,772 May $87,355 2005 Year to Date $377,421 ~Y~tf~~~~~~~;,:r.~~~~~:rJi:;;~4;~~r~:~~~!i~~tS!';-~~~~:t lr~~~.: ~ ~> :. ~ ~'. . ,]:' ~ .~-~. ::; :~.-;~/'~.~~ ~+;;~~: :~:~~,'.,~;', : . '~ ~ '. _; ~ :.~ ~~ ~~'l~~~"'~:';;;~"'"':lt","1'.'iW"i"~"'~j&..ff>'fl'~~~ll~lf!l~~~!lta~;'r",.y';;-,,;,,;;: .", ' " , ,. J, _ '::, ~~&~f~~i:i:t~jf~~:::~~~~~~~~~":'t~:'~;~~::~d~;">._;:~t~~'~ \':~'i~~'~~::~~~;-::~~'~/:':~';;l~~'~ (~~. ~ ~~ A~n ^~~?~U =- :'~~ -' .-' ~~. iA;..d: 2006 2005 May Year to Date May Year to Date Building Inspections 487 2275 789 3645 Plumbing Inspections 329 2069 530 2706 TOTALS 816 4344 1319 6351 C;,:-J,':;'-;;I;/':, :i"'i, ,t~"::./:", ':.' '~-:l_~ :"~";'~~;q: " ,";" ,',,,- ~r€r~" .-:'-,::' , ,;,.t:'> ,,' " , ',,' ~::v':,}';":,l;. _;"t,;.,t"i.,",,~":,~~''''~:' ';;';<'"":'~~~~] '3~Wt~llm~r'" ,': ,', ~l:~ ~~:li~~~~k:'~:~~~~~~~;~~~~~~:!z< l ,~~;;~ :~'" ::i:. !2!~~~;:~.,~ ~ '. ~_, :~J;'<< ,.;'-;' : ~ ~~~;.:::f~: ":-,, :~:~~~?_ ,~_.: ~:5 ~: . "~~~ ~ Ad~ ~ =- ~'^ ~: < ~ : ?:: ,~~~, 2006 2005 May Year to Date May Year to Date Single Detached 33 180 28 145 Semi-Detached 2 49 26 146 Townhouse 0 19 13 13 Apartments 0 64 6 7 TOTALS 35 312 73 311 YEAR: 2006 AREA (to 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 month) Bowmanville 233 307 587 468 345 312 188 184 313 423 217 Courtice 60 241 173 180 133 129 231 296 254 295 331 Newcastle 4 202 191 123 131 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 3 14 15 13 17 47 102 31 14 20 17 Clarke 6 13 10 16 15 9 17 17 12 20 10 Burketon 1 1 1 1 1 1 2 Enfield 3 Enniskillen 1 1 2 5 7 6 3 7 3 Hampton 3 1 1 1 2 1 2 2 Haydon 1 1 2 Kendal 1 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 Mitchells Comers 1 Newtonville 1 4 5 3 3 3 1 2 Solina 1 3 3 3 1 1 Tyrone 3 9 3 TOTALS 312 802 1015 843 701 609 679 640 636 801 601 Attachment #1 - Monthly Building Permit Activity ReportlHistorical Comparison of Building Permit 711 Cl!1[.-!l1gtnn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Resolution #: Report #: EGD-36-06 File #: By-law #: Subject: PORT OF NEWCASTLE: AMENDMENTS TO PRINCIPLES OF UNDERSTANDING AND SUBDIVISION AGREEMENT RESPECTING FUNDING OF Mill STREET GRADE SEPARATION RECONSTRUCTION WORKS AND OTHER WORKS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-36-06 be received by Council; 2. THAT Council approve the First Amending Agreement to the Subdivision Agreement contained in Attachment 1 and pass the by-law contained in Attachment 3 to authorize the Mayor and the Municipal Clerk to execute it on behalf of the Municipality; and 3. THAT Council approve the Principles of Understanding Amending Agreement contained in Attachment 2 and pass the by-law contained in Attachment 4 to authorize the Mayor and the Municipal Clerk to execute it on behalf of the Municipality. o~~ Submitted by: A.S. Cannella Director of Engineering Services Reviewed by: Franklin Wu Chief Administrative Officer ASC/jb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 712 Report #EGD-36-06 Page 2 1.0 BACKGROUND 1.1 On April 7, 1999, 1138337 Ontario Inc. ("Kaitlin") and the Municipality entered into Principles of Understanding ("Principles") to resolve certain issues arising out of the earlier approval of draft Plans of Subdivision 18T -91004 (Port of Newcastle Phase I) and draft Plan of Subdivision 18T-96013 (Port of Newcastle Phase II). 1.2 Among other things, the Principles provided for the construction of the Mill Street Grade Separation Reconstruction Works and for the portion of the costs that were not included in the Municipality's new, replacement Development Charge By-law to be paid by the Owner. When the Principles were executed, the Municipality had prepared the 1999 Development Charges Background Study which provided for the imposition of a development charge including the Chargeable Portion of the Mill Street Grade Separation Works ("Chargeable Portion") which would be included in a new Development Charge By-law which would replace the then existing by-law. This portion was to be Three Million Five Hundred Ninety-Two Thousand Three Hundred and Seventy-Eight Dollars and Fifty Cents ($3,592,378.50). Six Hundred Ninety-Eight Thousand Six hundred and Twenty-One Dollars and Fifty Cents ($698,621.50) was the Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works ("Non-Chargeable Portion") which would be the responsibility of Kaitlin. 1.3 Conditional on the new Development Charge By-law being passed, the Non- Chargeable Portion subject to indexing and adjustment for any difference between estimated and as-completed costs of the Works was to be secured and ultimately paid by Kaitlin to the Municipality. 1.4 The new Development Charge By-law was passed as By-law 1999-125. It came into effect on September 1, 1999. Development Charge By-laws have a five-year sunset clause which requires their replacement at least every five years. 1.5 The provisions of the Principles were implemented in a Subdivision Agreement between the Municipality, Kaitlin and the Bank of Nova Scotia dated October 18, 1999 applicable to the Port of Newcastle Lands referred to in paragraph 1.1. 1.6 The Non-Chargeable Portion in 1999 which was Kaitlin's responsibility was Six Hundred Ninety-Eight Thousand Six Hundred Twenty-One Dollars and Fifty Cents ($698,621.50). Indexing it in accordance with the Index provided for in the Subdivision Agreement to 2006 would produce a total amount of Seven Hundred Ninety-Seven Thousand Four Hundred and Six Dollars and Fifty-Eight Cents ($797,406.58). 1.7 The Mill Street Grade Separation Reconstruction Works were addressed in the Municipality's 2005 Development Charges Background Study and in the implementing Development Charge By-law 2005-108. Under the Background Study, the estimated costs of the Mill Street Grade Separation Reconstruction Works had risen to Six Million Seven Hundred Fifty-Five Thousand Three 713 Report #EGD-36-06 Page 3 Hundred Three Hundred Dollars ($6,755,300.00) in part as a result of changes to certain components of the Works required by CN Rail. This entire amount less Sixty-Eight Thousand Seven Hundred Fifteen Dollars and Forty-Three Cents ($68,715.43) which was not chargeable under the Development Charges Act, 1997 now is included in the development charge imposed by By-law 2005-108. 1.8 The Municipality's approved capital budgets for 2005 and 2006 amended the sharing of capital costs of the following Works with Kaitlin: Construction Project Total costs Municipality's Kaitlin's Year Share Share 2006 Mill Street Grade $6,500,000 $6,426,429 $73,571 Separation Reconstruction Works 2006 Waterfront Trail $580,000 0 $580,000 Construction 2005 Mill Street Utility $1,300,000 $1,058,564 $241,436 Relocation Total of Kaitlin's Share I $895,007 The amount pf Sixty-Eight Thousand Seven Hundred Fifteen Dollars and Forty- Three Cents ($68,715.43) shown in the 2005 Development Charges Background Study referred to above in paragraph 1.7 was revised in 2006 to Seventy-Three Thousand Five Hundred and Seventy-One Dollars ($73,571.00) due in part to CN Rail's revised requirements for the grade separation. It is shown on the chart as "Kaitlin's Share. The Waterfront Trail Construction was not included in either the Principles or the Subdivision Agreement. The Mill Street Utility Relocation Costs shown on the chart originally were included in the Principles and the Subdivision Agreement as part of the Mill Street Grade Separation Reconstruction Works but are not included in the current development charges. 1,9 In summary, then, the cost of the Mill Street Grade Separation Reconstruction Works in 2006 had risen significantly from the estimated cost in 1999. Also, the Chargeable Portion of the Costs of these Works has increased significantly. The result is that the provisions of the Principles and the Subdivision Agreement respecting these Works and their funding have become obsolete. 1.10 Kaitlin has agreed to the recommended actions set out below. 2.0 RECOMMENDED ACTIONS 2.1 It is desirable to amend both the Principles and the Subdivision Agreement to address the obsolete provisions set out below. To accomplish this, a draft First Amending Agreement to the Subdivision Agreement and a draft Principles of Understanding Amending Agreement have been prepared. They are contained in Attachments 1 and 2, respectively. 2.2 These documents would provide for the deletion of the provisions in the Principles and the Subdivision Agreement respecting the Mill Street Grade 714 Report #EGD-36-06 Page 4 Separation Reconstruction Works in exchange for Kaitlin authorizing the Municipality, to the extent that the Municipality has not already acted on Kaitlin's previous authorizations, to draw on securities on deposit by Kaitlin with the Municipality that amount required for the purposes for which they were deposited in the amount of Eight Hundred Ninety-Five Thousand and Seven Dollars ($895,007.00) being the total of Kaitlin'sshare of the costs of the works referred to in paragraph 1.8. 2,3 The amount referred to paragraph 2.2 is approximately One Hundred and Two Thousand Dollars ($102,000.00) in excess of the original estimated Non- Chargeable Portion of the Mill Street Grade Separation Works of Seven Hundred Ninety-Seven Thousand Four Hundred and Six Dollars and Fifty-Eight Cents ($797,406.58) referred to in paragraph 1.5 adjusted to 2006. 3.0 CONCLUSION 3.1 It is recommended that Council approve the First Amending Agreement to the Subdivision Agreement contained in Attachment 1 and the Principles of Understanding Amending Agreement contained in Attachment 2 and pass by- laws to authorize their execution by the Mayor and Municipal Clerk on behalf of the Municipality. Attachments: Attachment 1 - First Amending Agreement to the Subdivision Agreement dated October 18, 1999 between the Municipality, 1138337 Ontario Inc. and The Bank of Nova Scotia Attachment 2 - Principles of Understanding Amending Agreement amending Principles of Understanding between the Municipality and 1138337 Ontario Inc. dated April 7, 1999 Attachment 3 - By-law to authorize the Mayor and the Municipal Clerk to execute the First Amending Agreement to the Subdivision Agreement on behalf of the Municipality Attachment 4 - By-law to authorize the Mayor and the Municipal Clerk to execute the Principles of Understanding Amending Agreement 715 Attachment # I Report EGD-36-06 THIS FIRST AMENDING AGREEMENT made as of the 26th day of June, 2006 BET WEE N: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - 1138337 ONTARIO INC. (hereinafter called the "Owner") OF THE SECOND PART -and- THE BANK OF NOVA SCOTIA (hereinafter called the "Mortgagee") OF THE THIRD PART WHEREAS: A, The parties entered into an agreement on October 18, 1999 under subsection 51 (6) of the Planning Act which is registered in the Land Registry Office for the Land Title Division of Durham (No. 40) as Instrument No, LT936183 ("Agreement"). The Agreement applies to the lands more particularly described in Schedule "A" hereto ("Lands"); B, This First Amending Agreement to the Agreement applies to the portions of the Lands more particularly described in Schedule "A-I" hereto ("Owner's Remaining Lands"); C. The Owner represents and warrants that subject to Recital D, it is the registered owner of the Remaining Lands in fee simple absolute; D, The Owner represents and warrants that the Mortgagee is the only mortgagee or chargee of the Remaining Lands; E, Paragraph 5,27A of the Agreement, among other things, applies in respect of the "Mill Street Grade Separation Reconstruction Works" as described and defined in Schedule "G-l" hereto, Paragraph 5.27A(2)(a) of the Agreement applies in the event that a new Development 716 - 2 - Charges By-law is passed by the Municipality's Council on or prior to August 31, 1999, pursuant to the Development Charges Act, 1997, S.O, 1997, c,23, The aforesaid new Development Charges By-law in fact was passed as By-law No. 99-125, It came into effect on September 1, 1999, Among other things, By-law 99-125 included as a component of the development charge imposed by it, the "Chargeable Portion of the Cost of the Mill Street Grade Reconstruction Works" (as defined in paragraph 5,27A(l)(c) of the Agreement) in the amount of Three Million Five Hundred Ninety-Two Thousand Three Hundred and Seventy-Eight Dollars and Fifty Cents ($3,592,378,50). The "Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Works" (as defined in paragraph 5.27A(I) of the Agreement) was Six Hundred Ninety-Eight Thousand Two Hundred and Forty-One Dollars and Fifty Cents ($698,241.50); F, Also, in the circumstances that in fact occurred, paragraph 5.27 A(2)(a) of the Agreement required the Owner not later than sixty (60) days after the "Date of Final Approval" (as defined in paragraph 5,27 A(l )(a) of the Agreement) of the new Development Charges By-law, among other things, either to pay to the Municipality an amount of money, equal to the "Non- Chargeable Portion of the Cost of Mill Street Grade Separation Reconstruction Works" (as defined in paragraph 5,27 A( 1)( d) of the Agreement), or to authorize the Municipality to draw the aforesaid amount from securities which the Owner has on deposit with the Municipality and which are not required for the purposes for which they were deposited. The Municipality has relied on this authority to draw the aforesaid amount from securities which the Owner has on deposit with the Municipality which are not required for the purposes for which they were deposited; G, Paragraph 5.27A(2)(b) of the Agreement provided for the adjustment of the amount of the Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works by the application of the "Index" (as defined in paragraph 5.27A(3) of the Agreement). Paragraph 5.27A(3) of the Agreement provided for a further adjustment in the amount for which the Owner was responsible by replacing the estimated cost of the aforesaid Works by their as- completed costs; H. In this First Amending Agreement the tenns "Mill Street Grade Separation Reconstruction Works", "Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works", "Index", and "Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works" have the same meanings as they are assigned in the Agreement; 1. The parties hereto acknowledge that as of the date on which this First Amending Agreement is made, the Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works based on 1999 construction costs of Four Million Two Hundred and Ninety-One Dollars ($4,291,000.00) adjusted by the Index and expressed in 2006 dollars is Seven Hundred Ninety-Seven Thousand Four Hundred and Six Dollars and Fifty-Eight Cents ($797,406,58); 717 - 3 - J. The parties also acknowledge that as of May 2005, in the Municipality's 2005 Development Charges Background Study, as implemented by Development Charges By-law :2005-108 effective on July I, 2005, the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works was increased to Six Million Six Hundred Eighty-Six Thousand Five Hundred and Eighty-four Dollars and Fifty Seven Cents ($6,686,584,57) and the Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works was reduced to Sixty-Eight Thousand Seven Hundred and Fifteen Dollars and Forty-Three Cents ($68,715.43), The latter amount subsequently was revised in 2006 to Seventy-Three Thousand Five Hundred and Seventy-One Dollars ($73,571.00) ("2006 Adjusted Reconstruction Costs"); K, Prior to the effective date of the Municipality's Development Charges By-law 2005-108, July 1,2005, the Municipality's approved 2005 capital budget had allocated for the "2005 Utility Relocation Works" (described and defined in Schedule "D" hereto) a total amount of One Million Three Hundred Thousand Dollars ($1,300,000.00), an amount which included the "2005 Utility Relocation Costs" (as hereafter defined). The Owner agreed to authorize the Municipality to draw Two Hundred Forty-One Thousand Four Hundred and Thirty-Six Dollars ($241,436,00) which is the amount determined by the Director of Engineering Services to be a fair apportionment of the total costs of these Works to the Owner ("2005 Utility Relocation Costs"), The Owner authorized the Municipality to draw the amount of the 2005 Utility Relocation Costs from securities which the Owner has on deposit with the Municipality which are not required for the purposes for which they were deposited; L. In its approved 2006 capital budget the Municipality allocated a maximum of Five Hundred Eighty Thousand Dollars ($580,000.00) to the Waterfront Trail Reconstruction Works (as described and defined in Schedule "E" hereto) ("2006 Trail Reconstruction Costs"). The Owner has agreed to be entirely responsible for the amount of the 2006 Trail Reconstruction Costs and has authorized the Municipality to draw the amount of the 2006 Trail Reconstruction Costs from securities which the Owner has on deposit with the Municipality which are not required for the purposes for which they were deposited; M, The aggregate of the amounts of the 2006 Non-Chargeable Reconstruction Works Costs, the 2005 Utility Reconstruction Works Costs, the 2005 Utility Relocation Costs and the 2006 Trail Reconstruction Costs is Eight Hundred Ninety-Five Thousand and Seven Dollars ($875,007,00) ("2006 Aggregate Release Payment"); N, The parties have agreed to amend the Agreement as set out below in consideration of the Owner granting the Municipality the right to draw the amount of the 2006 Aggregate Release Payment from the securities that the Owner has on deposit with the Municipality that are not required for the purposes for which they were deposited; and 718 - 4 - 0, This First Amending Agreement is made pursuant to the provisions of subsection 51(6) of the Planning Act. It is authorized by By-law 2006-_ passed by the Municipality's Council at its meeting on June 26, 2006, NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2,00) dollars of lawful money of Canada, now paid by each party to the others (the receipt whereof by each party is hereby acknowledged), the parties hereto covenant and agree to and with each other as follows: ARTICLE 1 - INTERPRETATION AND SCHEDULES 1,1 Definitions Except as otherwise provided in this First Amending Agreement, the terms used in it have the same meaning as they have in the Agreement. Also, in this First Amending Agreement the term: (a) "Agreement" has the meaning assigned to it in Recital A; (b) "Lands" has the meaning assigned to it in Recital A; (c) "Owner's Remaining Lands" has the meaning assigned to it in Recital B; (d) "2006 Adjusted Reconstruction Costs" has the meaning assigned to it in Recital J; (e) "2005 Utility Relocation Costs" has the meaning assigned to it in Recital K; (f) "2006 Trail Reconstruction Costs" has the meaning assigned to it in Recital L; and, (g) "2006 Aggregate Release Payment" has the meaning assigned to it in Recital M. ARTICLE 2 - GENERAL 2.1 Recitals in Operative Part of Agreement The Owner represents and warrants to the Municipality that each of Recitals A to M of this First Amending Agreement is correct. 719 - 5 - ! ! Certification of Ownership On the execution of this First Amending Agreement, the Owner shall provide the Municipality with a letter signed by an Ontario solicitor and addressed to the Municipality certifying as to the title to the Owner's Remaining Lands and settiug out the names of all persons having interests in the Owner's Remaining Land and the nature of their interests. ARTICLE 3 - 2006 AGGREGATE RELEASE PAYMENT 3,1 In exchange for the release of certain of its obligations under the Agreement as provided in paragraph 4,1 hereof, the Owner hereby authorizes the Municipality to draw from the securities that the Owner has on deposit with the Municipality which are not required for the purposes for which they were deposited and which have not been drawn by the Municipality pursuant to the authorization previously granted by the Owner as recited in Recitals K and/or L, the 2006 Aggregate Release Amount of Eight Hundred Ninety-Five Thousand and Seven Dollars ($895,007.00), and to appropriate the same for the purposes of the Municipality. ARTICLE 4 - AMENDMENTS TO AGREEMENT 4,\ In exchange for the right granted by the Owner to the Municipality in paragraph 3.1, the Municipality hereby releases the Owner from its obligation provided in paragraphs 5.27A(2), 5.27A(3) and 29 and Schedule "G-I" of the Agreement. The parties hereto agree that paragraphs 5,27A, 29. Schedule "G-l" and the reference to the Mill Street Grade Separation Reconstruction Works in Schedule "J" of the Agreement shall be deemed to be and are rescinded from the provisions of the Agreement. 4,2 For clarity, the execution of this First Amending Agreement by the parties fully satisfies the Owner's obligations to the Municipality respecting the Mill Street Grade Separation Reconstruction Works under the Agreement and releases the Owner from any obligation to the Municipality to make any further payment respecting these Works, including but not limited to the payment to the Municipality of an adjustment provided in paragraph 5.27A(2)(b) of the Agreement resulting from the replacement of the estimated cost of these Works by the as-built cost of them in the formula by which the Non-Chargeable Portion of the Capital Cost of the Mill Street Grade Separation Reconstruction Works is determined under paragraph 5.27A(I) of the Agreement. ARTICLE 5 - REGISTRATION 5,1 The Owner and the Mortgagee hereby consent to the registration of this First Amending Agreement or a notice thereof against the title to the Owner's Remaining Lands. 720 - 6 - ARTICLE 6 - TIME OF ESSENCE 6,\ Time is of the essence of this First Amending Agreement. ARTICLE 7 - AUTHORITY TO MAKE AGREEMENT 7,) The Owner and the Mortgagee acknowledges and agrees that the Municipality has authority to enter into this First Amending Agreement, that every provision hereof is authorized by the law and is fully enforceable by the parties, and that this First Amending Agreement is made by the Municipality in reliance on the acknowledgement and agreement of the Owner as aforesaid, ARTICLE 8 - CONFIRMATION OF AGREEMENT 8,) Except as amended by this First Amending Agreement, the provisions of the Agreement remain in full force and effect and time continues to be of its essence. ARTICLE 9 - ENUREMENT 9,) This First Amending Agreement enures to the benefit of and is binding upon the parties hereto, their respective successors and assigns. 721 - 7 - IN WITNESS WHEREOF the parties hereto have hereunto have set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: ) THE CORPORATION OF THE ) MUNICIPALITY OF CLARINGTON ) ) ) ) Mayor, John Mutton ) ) ) Municipal Clerk, Patti L. Barrie ) ) ) 1138337 ONTARIO INC. ) ) ) Name: ) Title: ) ) Name: ) Title: ) ) ) THE BANK OF NOVA SCOTIA ) ) ) Name: ) Title: ) ) Name: ) Title: 722 - 8 - SCHEDULE "A" Description of the Lands PIN #26661-0034(L T) Parcel BF Con, 28-1 Section Clarke, being Lot 30 and Part Lots 28 and 29, Broken Front Concession, in the Geographic Township of Clarke and the Road Allowance between Lots 28 and 29, Broken Front Concession as stopped up and closed by By-law 352 registered as Instrument No, #1339 of The Corporation of the Village of Newcastle, being Parts 2, 3, 4,5,6,7, 8,9,10, II, 15', 16, 17, 19 and 20 on Plan40R-14915, 723 - 9 - SCHEDULE "A-I" Description of Owner's Remainine: Lands (To be provided by Owner) 724 - 10- SCHEDULE"D" 2005 Utility Relocation Costs (To be prepared} 725 - 11 - SCHEDULE "E" 2006 Trail Reconstruction Costs (To be prepared} 726 - 12 - SCHEDULE "G-I" Mill Street Grade Separation ReconstructinD Works 727 Attachment #2 EGD-36-06 THESE PRINCIPLES OF UNDERSTANDING AMENDING AGREEMENT Made as ofthis 26th day of June, 2006 BET WEE N: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("the Municipality") OF THE FIRST PART - and - 1138337 ONTARIO INC. ("the Owner") OF THE SECOND PART PRINCIPLES OF UNDERSTANDING AMENDING AGREEMENT WHEREAS: A. The parties hereto and the Bank of Nova Scotia entered into an Agreement on October 18, 1999 under subsection 51 (6) of the Planning Act which is registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Instrument No. L T936183 ("Subdivision Agreement"); B. The Subdivision Agreement was amended by the parties hereto and the Bank of Nova Scotia by the First Amending Agreement on June26, 2006 ("First Amending Agreement"); C. The Subdivision Agreement implemented the Principles of Understanding dated April 7, 1999 between the parties hereto ("Principles"); 728 -2- D. Amendments were made to the Subdivision Agreement by the First Ai .lending Agreement, the substance of which the parties hereto have agreed should also be made to the Principles; and E. This Principles of Understanding Amending Agreement is authorized by By-law 2006-_ passed by the Municipality's Council at its meeting on June 26, 2006, NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each party to the others (the receipt whereof by each party is hereby acknowledged), the parties hereto covenant and agree to and with each other as follows: 1.0 Deletions from Principles 1.1 Paragraphs 6 and 7, the references to the "Mill Street Grade Separation Reconstruction Works" in paragraphs 8 and 9, Schedule liB" and Schedule "C" contained in the Principles are hereby deleted. All other provisions of the Principles continue in full force and effect and time continues to be of their essence 1.2 For clarity, the execution of this Principles of Understanding Amending Agreement by the parties fully satisfies the Owner's obligations to the Municipality respecting the Mill Street Grade Separation Reconstruction Works under the Principles of Understanding, and releases the Owner from any obligation to the Municipality to make any further payment to the Municipality respecting these Works, including but not limited to payment of an adjl,!stment between estimated cost of the Mill Street Grade Separation Reconstruction Works and the as-constructed cost of them. 2.0 Time 2.1 Time shall be of the essence of this Principles of Understanding Amending Agreement. 3.0 Authoritv of Municipality 729 -3- 3.1 The Owner acknowledges and agrees that the Municipality has authority to enter into this Principles of Understanding Amending Agreement, that every provision hereof is authorized by the law, and that the Principles are executed by the Municipality in reliance on the agreement and acknowledgement of the Owner as aforesaid. 4.0 Enurement 4.1 This Principles of Understanding Amending Agreement shall enure to the benefit of and be binding on the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor, John Mutton Municipal Clerk, Patti L. Barrie 1138337 ONTARIO INC. Name: Title: Name: Title: 730 Attachment #3 EGD-36-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a by-law to authorize the execution of the First Amending Agreement to the Port of Newcastle Subdivision Agreement by its approval of the recommendations contained in Report EGD-36-06 WHEREAS the Council of The Corporation of the Municipality of Clarington has authorized the execution of the First Amending Agreement to the Subdivision Agreement respecting a portion of the lands within Plan of Subdivision 40M-1984; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Mayor and the Municipal Clerk are authorized to execute on behalf of the Municipality of Clarington the First Amending Agreement to the Subdivision Agreement dated October 18, 1999 between the Municipality, 1138337 Ontario Inc. and The Bank of Nova Scotia. By-Law read a first time this 26th day of June day of June 2006 By-Law read a second time this 26th By-Law read a third time and finally passed this 26th day of June 2006 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 731 Attachment #4 EGD-36-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a by-law to authorize the execution of the Principles of Understanding Amending Agreement respecting a portion of the lands within the Port of Newcastle area (Plan 40M-1984) WHEREAS the Council of The Corporation of the Municipality of Clarington has authorized the execution of the Principles of Understanding Amending Agreement respecting a portion of the lands within Plan of Subdivision 40M-1984; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Mayor and the Municipal Clerk are authorized to execute on behalf of the Municipality of Clarington the Principles of Understanding Amending Agreement to the Principles of Understanding dated April 7, 1999 between the Municipality and 1138337 Ontario Inc. By-Law read a first time this 26th day of June day of June 2006 2006 2006 By-Law read a second time this 26th By-Law read a third time and finally passed this 26th day of June John Mutton, Mayor Patti L. Barrie, Municipal Clerk 732 Cl!J!.mgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 19, 2006 Resolution #: Report #: EGD-37 -06 By-law #: File #: Subject: SERVICING AGREEMENT FOR BASELINE ROAD WORKS- BOWMANVILLE CREEK DEVELOPMENTS INC. (THE TORGAN GROUP) RECOMMENDA TIONS: 1. THAT report EGD-37-06 be received; 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corp of the Municipality of Clarington, the Servicing Agreement with Bowmanville Creek Developments Inc. (The Torgan Group) for the road and road related works on Baseline Road required as a condition of site plan approval for the site development on the south side of Baseline Rd east of Waverley Road; 3. THAT Council approve the by-law attached to Report EGD-37 -06 to confirm its decision to enter into the Servicing Agreement with Bowmanville Creek Developments Inc.; and 4. THAT Bowmanville Creek Developments Inc. be notified of Council's decision and that the Servicing Agreement be forwarded to them for execution once it has been drafted to the satisfaction of the Director of Engineering Services and the Municipality's Solicitor. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 733 REPORT NO.: EGD-37-06 PAGE 2 Res&~ Submi ted by: A.S. Cannella Director of Engineering Services o~~0-u- Reviewed by: Franklin Wu Chief Administrative Officer ASC/LJ B/dv June 9, 2006 734 REPORT NO.: EGD-37-06 PAGE 3 1.0 BACKGROUND 1.1 Bowmanville Creek Developments Inc. (BCDI) (the Torgan Group) is currently finalizing the Site Plan Approval for the site located on the south side of Baseline Road east of Waverley Road. 1.2 As one of the conditions of Sit Plan Approval, BCDI must construct certain road and road related works on Baseline Road to facilitate their development. The works include the widening of Baseline Road to three lanes from Waverley Road to Spry Ave. (then tapering to two lanes at the Bowmanville Creek Bridge), utility relocation, curb and gutter work, storm sewer connections, sidewalks, entrances, line painting and new traffic signals at Spry Ave. all within the Baseline Road road allowance. All works will be constructed at 100% cost to the Developer. 2.0 REVIEW AND COMMENTS 2.1 Municipal staff and the Municipality's consultant have reviewed the engineering drawings, and the drawings are currently being finalized. A draft of the Servicing Agreement to allow the Developer to undertake these works on the municipal road allowance has been prepared and is being reviewed by the Municipal Solicitor. 3.0 CONCLUSION Staff recommend that the Municipality enter into a Servicing Agreement with Bowmanville Creek Developments Inc., once the Agreement has been prepared to the satisfaction of the Director of Engineering Services and the Municipal Solicitor. Attachments: Attachment 1 - By-law authorizing the Mayor and Clerk to execute a servicing Agreement between the Municipality and Bowmanville Creek Developments Inc. (The Torgan Group) for road and road related works on Baseline Road east of Waverley Road Attachment 2- Key Map List of Interested Parties: Bowmanville Creek Developments Inc. 735 ATTACHMENT NO.: 1 REPORT NO.: EGO 37-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006-XXX Being a By-law to authorize the execution of a Servicing Agreement between the Corporation of the Municipality of Clarington and Bowmanville Creek Developments Inc. for the purpose of constructing road and road related improvements on Baseline Road east of Waverley Road. WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-37-06, including the recommendation that the Corporation of the Municipality of Clarington enter into a Servicing Agreement with Bowmanville Creek Developments Inc. for the purpose of constructing traffic signals, road improvements and related services. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Mayor and Clerk are hereby authorized to execute a Servicing Agreement between the Corporation of the Municipality of Clarington and Bowmanville Creek Developments Inc. BY-LAW read a first and second time this XXth day of XX, 2006. BY-LAW read a third time and finally passed this XXlh day of XX, 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 736 I I I , I I I I i U H ~ \.---.t---1 ~: r---< L--...t---i <(., W ~-=g ~i L~ ~EITD' ~ ! 1111111' II' I I , LL-.J SPRY AVENUE \ BASELINE ROAD WEST o <( o a:: >- w ...J a:: W ,> <( ~ SUBJECT SITE (Bowman~i.lle Creek Road Widening & Sidewalks HIGHWAY: 401 , ~, w4 ~1? S ""' . '., "'~."... Hwy. 401 & ' South Service Rd. .. . ....,.--.-;'ii ./ . ;:;'.,-' ....;.-;. r.:" :';l ;:i: ,i' ilb~:,~~ ~"""'-".1 \\ 'I DRAWN BY: E.L. DATE: June 9, 2006 ...............HH.........-..., -...../ ... KEY MAP REPORT EGD-37-06 ATTACHMENT NO.2 G:\Attachment1~a Site2.mxd BOWMANVILLE Cl~mgron REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19, 2006 Report #: OPD-008-06 File #: By-Law #: Subject: SPECIAL EVENT REQUEST RECYCLING PROGRAM Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-OOB-06 be received; 2. THAT the Municipality request the Region of Durham to offer a Special Event Recycling Program; 3. THAT the Municipality implement a recycling container program in the three downtown business areas, pending the successful completion of an agreement with the supplier; 4. THAT any proceeds from a recycling container program be directed to a Pitch In Clarington Program; and 5. THAT the Region of Durham, all B.I.A.'s, and Durham Agricultural Society be advised of Council's direction. Submitted by: ~ i Fred h, ~.op~ ~ . Nanc aylo; !1Y\ ~ Director of Finance ReVieWed~ 1/ Franklin Wu, Y[J" Chief Administrative Officer 801 REPORT NO. OPD-008-06 PAGE 2 BACKGROUND AND COMMENT: As communities seek to reduce waste disposal, interest in diverting waste generated at public events has grown. Even though there are challenges due to the waste stream, the practice of recycling generates good publicity for event organizers and it potentially reduces waste disposal costs. It also generates good will among attendees. The Region of Durham, through the integrated waste program in Clarington, has the opportunity to provide recycling carts for use at special events. Cart recycling stations could be strategically placed throughout the venue designated for pop cans and plastic beverage bottles. The organizers must be committed to the program for recycling to be successful. Event organizers can influence waste stream compliance by working with vendors and controlling what attendees may bring to the show. Contamination in recycling containers will be one of the challenges that will be ongoing. Once a container is contaminated, it will quickly fill up with all kinds of garbage. It will be important for event organizers to locate bins close to areas where waste is generated and in view of vendors. It should be noted that Essex Windsor County and the Region of Niagara have implemented special events recycling programs. Essex Windsor County participates in over 50 events annually and has diverted 10,150 kg of recyclable material from landfill and Niagara Region diverted more than 18,700 kg of recyclables from 45 events in 2005. Recvcle Container - Business Improvement Areas As requested by Council, staff is investigating a recycling container program in the Business Improvement Areas of Clarington. The proposed container is a stainless steel receptacle featuring three easily removable containers to accommodate waste collection options. The unit allows for three single stream waste collector bins. The unit will allow for advertising by the supplier. 802 I:GPAlOPD-006-06 waste disposal public events REPORT NO. OPD-00B-06 PAGE 3 The supplier will visit each location once a week and will be responsible for the general maintenance of the land around the recycling units. This includes the collection of waste and its surroundings. Staff is recommending that a maximum of 1B locations be considered for the business areas of Newcastle, Orono and Bowmanville in consultation with the respective Business Improvement Areas. The supplier is prepared to offer Clarington $3,600.00 annually if Clarington utilizes the Metrobin Container (Attachment 1). Staff is suggesting upon the successful completion of terms and conditions, the Municipality enters into an arrangement for the supply of these containers and that the proceeds of the program be directed to the Annual Municipal Pitch In Campaign held in April each year. Attachments: Attachment #1 - Response to RFP2006-6, Recycling Containers, Supply, Maintenance and Advertising for the Municipality of Clarington CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433 803 I:GPAlOPD-006-06 waste disposal public events :A> 'CRE~TiJE~UTotd<ijfAmjERTISINGf;~odutTovrnvfEW..t:;~~;]~~,::~",',':'~:,'""1j,, ':':'<<ft:',' '" ;;:f",.. ",' '. "".;, ',~-'" . ~~ . 1. ' oli i. I . ~ - j _.. t" <'! ~ ~ .' " . ~ + ~. . . . . . . . . . . . . . . . . . . V/ . . . . . . . . . ~ ~ I AlTACHMENT #I~TC REPORT IOP4>-cy..2"'jr ~ THE METROBIN ATTRACTIVE, FUNCTIONAL, CONTEMPORARY. ---- -------~- - .------------ --------------- The "MetroBin" will transform and enhance the quality of your envirr(r~nt while providing a responsible waste management solutio~/usednIY m terials that withstand the demands of heavy usage and e~eme ciimatesf We p ovide unique. vandal and graffiti resistant second sur signage. I I I I i I ~ I I I '-- ------------- --- ~IJJ ~~ Creative Outdoor Advertising ---~ ---~ ~- ~-,- ,--~ ------ _.-- -' ~----- "...--- -- --------------- ---- 2402 STOUFFEVILLE ROAD PO BOX 245 GORMLEY ON LOH lGO T: 1.800.661.6088 < F: 1.866.426.2237 WWW.CREATIVEOUTDOOR.COM ___ I i-........ 804 CI!l!-mgron REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19, 2006 Report #: OPD-009-06 File #: By-Law #: Subject: CEMETERY BY-LAW AMENDMENT & TARIFF RATES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-009-06 be received; 2. THAT the Cemetery by-law amendments as outlined in the proposed draft by- law, Attachment No.1 be approved; 3. THAT the Tariff of Rates as outlined on Schedule "A" of the draft by-law be approved; 4. THAT St George's Anglican Church be advised of Council's direction; and 5. THAT the by-law be forwarded to the Ministry of Consumer and Business Services for approval. Submitted by: Reviewed bY~~ anklin Wu, 11' Chief Administrative Officer FH\BG\na 805 REPORT NO. OPO-009-06 PAGE 2 BACKGROUND AND COMMENT: The Municipality has submitted an application and supporting documents to the Province for the transfer of the administration of St George's Anglican Cemetery to the Municipality of Clarington, as per Council report OPO-011-05. The request for transfer of the St. George's Cemetery has been processed and approved by the Province of Ontario Ministry of Government Services, Cemeteries Regulation Unit. Staff recommend that By-law No. 2005-067 be amended to reflect the inclusion of St. George's Cemetery as a Municipality of Clarington owned and operated Cemetery. Upon approval of the report the land transfer of St. George's Cemetery can be completed and a copy of the deed will be provided to the Ministry of Government Services. Staff, after review, is also recommending the following revisions to By-law 2005-067: 1. That Section 3.0 be amended to include that cremated remains shall be allowed to be interred with full human remains to a limit of three. 2. Section 6.0 be amended that staff may remove any paraphernalia noUn keeping with the dignity and decorum of the cemetery. 3. A 3% increase to the current Schedule "A" Tariff of Rates as indicated (Attachment #1) subject to the approval of the Province. The Tariff of Rates will also incorporate any and all services at S1. George's Cemetery. Attact)ments: Attachment #1 - By-Law Amendment and Schedule "A" Tariff of Rates Attachment #2 - By-Law 2005-067 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 263-2292 F (905) 263-4433 806 I:GPA ATTACHMENT NO.: 1 REPORT NO.: OPD-009-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- Being a by-law to amend by-law 2005-067 to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington. Whereas the Cemeteries Act (Revised) 1990 provides for the regulation and restriction of use oflands identified as a cemetery. NOW THEREFORE The Municipality of Clarington hereby enacts as follows: - 1.0. That S1. Georges Cemetery be included as a Municipality of Clarington owned and operated Cemetery. 2.0.That by-law 2005-067 Section 3.0 ii) be amended by adding the following at the end of this section. More than two in one lot Cremated remains shall be allowed to be interred with fully human remains. The limit shall be three (3) cremated remains with one (1) fully human remains in any single lot. For those purchased lots prior to the enactment of by-law 2005-067 requesting a double burial in one lot, the limit shall be two (2) cremated remains with two (2) fully human remains in any single lot. 3.0.That by-law 2005-067 Section 6.0 ii) be amended by adding the following at the end of the section. Glass or Other Items Any paraphernalia not in keeping with the dignity and decorum of the cemetery is not allowed, and will be removed by the staff. 4.0.That Schedule "A" Tariff Rates to by-law 2005-067 is hereby replaced with Schedule "A" Tariff Rates as attached to this by-law. 5.0.That Schedule "A" attached here to fonns part of this by-law. EFFECTIVE DATE This by-law shall take effect on the date of approval by the Ministry of Consumer and Business Services. By-law read a first and second time this 26th day of June, 2006. By-law read a third time and finally passed this 26th day of June, 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 807 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE "A" TO BY-LAW 2006- CEMETERIES - PROPOSED TARIFF OF RATES 1. SALE OF PLOTS Type of Lot Dimension Dimension 40% Rate 6% GST Total Bowmanvllle Bondhead Perpetual Care Rate Sinole 3'X9' 3' X9' 412.00 1030.00 61.80 1091.80 Babvland 1.5' X 3' 1.5' X 3' 144.20 360.50 21.63 382.13 Cremation 2' X2' 2' X2' 144.20 360.50 21.63 382.13 2. SALE OF CREMATION NICHES Columbarlum Niche Size 15% Rate 6% GST Total Perpetual Care Rate Single (including 12" X 12" X 123.60 824.00 49.44 873.44 PlaQue) 12" Double (including 12" X 12" X 185.40 1236.00 74.16 1310.16 PlaQue) 12" 3 INTERMENT Rate 6"!. GST Total Adult - Sinale Death 566.50 33.99 600.49 Adult - Double Death 710.70 42.64 753.34 Infant I Child 206.00 . 12.36 218.36 Cremation 206.00 12.36 218.36 Niche Wall 103.00 6.18 109.18 4. DISINTERMENT CHARGES Rata 6% GST Total Disinterment (adult) including reburial at 938.55 56.31 994.86 the same location or at another location in the same cemeterY Disinterment (adult) for burial at another 794.16 47.65 841.81 cemetery Disinterment (child) including burial at 590.09 35.41 625.50 another location in the same cemeterY Disinterment (child) including reburial at 529.44 31.77 561.21 same grave or different cemeterY Disinterment (infant I cremation) including 255.09 15.31 270.40 reburial at another location in the same cemeterY Disinterment (infant I cremation) including 174.23 10.45 184.68 reburial at same grave or different cemetery 5. HOLIDAY AND OTHER SURCHARGES Rate 6% GST Total Interment on Saturday, Sunday and 289.75 17.39 307.14 Statutory Holidavs (fee is additional) Disinterment for double depth burial (fee is 186.75 11.21 197.96 additional) Rental for lowering Device, set up and 70.27 4.22 74.49 dressina Provincial License Fee (except for 10.30 .62 10.92 cremation\ Cremation Interment on Saturday, Sunday 103.00 .6.18 109.18 and StatutorY Holidavs (fee is additional) 6. MONUMENT FOUNDATIONS AND SETTING MARKERS Rate 6% GST Total Monument foundation (flat feel 241.62 14.50 256.12 Flat Marker Foundations (flat feel 146.32 8.78 155.10 Cremation I Babv Markers (flat feel 61.60 3.70 65.30 Removal of Monuments 46.21 2.77 48.98 7. TRANSFER I Fee 16.37 I .981 17.351 PERPETUAL CARE Headstone Maintenance Footstone Maintenance Rate 100.00 50.00 6% GST 6.00 3.00 1 808 A I I Al#MMt:N I NU.: ~ REPORT NO.: OPD-009-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-067 Being a by-law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington and to repeal By-Laws 79-104; 81-045; 83-162; 86-030; 89-195; 89-219; 92-077; 93-118; 94-047; 95-106; 96-44 and 2001-112. Whereas the Cemeteries Act (Revised) 1990 provides for the regulat:C'n and restriction of use of lands identified as a cemetery; NOW THEREFORE The Municipality of Clarington hereby enacts as follows: - 1.0 DEFINITIONS "Act" means the Cemeteries Act (Revised), R.S.O. 1990, c.4; "Ashes" means the cremated remains of a deceased human body; "Baby Land" means a part of a cemetery designated for infants with a grave no bigger than 24" x 36" (61 cm X 91.5 cm); "Casket" means the container/coffin in which deceased human remains are interred; "Cemetery" shall include those areas inside the Bowmanville Cemetery and Bond Head Cemetery set aside for the interment of human remains or ashes; "Columbarium" means a structure (a niche wall) designed for the purpose of interring and preserving of cremated remains in sealed compartments (niches); "Corporation" means the Corporation of the Municipality of Clarington; "Council" means the Council of the Municipality of Clarington; "Director of Operations" shall mean the Director of Operations of the Municipality of Clarington or hislher designate; "Disinterment" means the digging, removal and re-interment of a casket, vault or urn; "Holiday" means a Statutory or Declared Holiday as well as any day designated in a collective agreement approved by the Municipality of Clarington; "Human remains" means the remains of a deceased human body; "Interment" means the digging and preparation of the grave, placing of the casket, vault or urn, filling the grave, leveling the ground, and re-establishing the grass; "Lot" means an area of land in the cemetery set apart for the interment of not more than two human bodies in a single or double depth grave; "Marker" means a memorial of granite or such like material with a flat and level surface set flush with the ground placed at the foot or head of the grave; "Ministry" means the Ministry of Consumer and Business Services; "Monument" means a memorial projecting above the level of the ground, including raised markers, placed at the head of a grave; "Municipal Clerk" shall mean the Clerk of the Municipality of Clarington or his/her designate; "Normal Business Hours" means the hours of 8:00 a.m. to 5:00 p.m., Monday to Friday, excluding statutory holidays; "Perpetual Care" means the preservation, improvements, embellishment and maintenance in perpetuity in a proper manner of lots in a cemetery; "Plot" means two or more lots; "Register" means the record of deeds, kept by the Municipal Clerk; "Treasurer" shall mean the Director of Finance of the Municipality of Clarington or hislher designate; "Urn" means the container for cremated human remains; "Vault" means a manufactured fiberglass or concrete shell that the casket is placed into prior to an interment 1 809 2.0 DUTIES OF THE CORPORATION The Corporation shall, through its signing officers, execute all conveyances of lots in the Cemetery. The Corporation shall appoint the Municipal Clerk as Secretary of the cemetery. 2.1 DUTIES OF THE DIRECTOR OF OPERATIONS OR HIS/HER DfSIGNATE It shall be the duty of Director of Operations or his/her designate to provide control and supervision and have the authority: i) To prepare and present the periodic pay sheets. ii) To keep all necessary records of interments, disinterment and removals, and all other necessary records, and submit monthly, to the Municipal Clerk a proper report together with requisite statements. iii) To keep the cemetery, buildings, and fences in good repair and have the general care and custody of the cemetery including the supervision of all employees, the keeping in good order of all walks, drives and grounds, the enforcement of the provisions of this by- law and all lawful directions of the Corporation; provided that before removing any trees or shrubs from a lot, he/she shall, where reasonable, first give notice thereof to the owner of such lot. iv) To give signed orders for all interments and disinterments and to see that all are conducted in a decent and orderly manner and that quiet and good order are at all times maintained and attend every interment and disinterment. 2.2 DUTIES OF THE MUNICIPAl CLERK Subject to the general control and supervision of the Corporation, it shall be the duty of the Municipal Clerk to carry out all the usual duties of a Secretary and the Corporation may designate such other duties to him/her and he/she shall have the authority: i) To make all sales of lots and to keep records thereof, and prepare deeds for execution by the signing officers of the Corporation. Ii) To receive all monies payable to the account of the Corporation for the sale of lots, perpetual care and all monies or property given, devised, bequeathed or set aside for the purpose of the upkeep or care of any lot or portion of a cemetery, and all other monies or property receivable by the Corporation with respect to the cemetery whether by way of gift, bequest or otherwise. iii) To set aside for the perpetual care thirty-five percent, or such greater amount as is from time to time prescribed under the Act, of all monies received on the sale of lots as prescribed by the said Act, and to set aside for perpetual care all other monies received for perpetual care, and to set aside for the purpose of the upkeep or care of any lot or portion of a cemetery, any money or other property given, devised, bequeathed or set aside for such purposes, and to invest the same, subject to the approval of the Treasurer, in such securities as may from time to time be authorized by the provisions of the Public Trustees as referenced in the Act. 2.3 DUTIES OF THE TREASURER i) To receive and transfer to the Perpetual Care account of the Corporation all interest received from perpetual care fund investments and all interest and all other income from money invested or from other property given, devised, bequeathed or set aside for the purpose of the upkeep or care of any 101 or portion of a cemetery. iii) To prepare and submit to the Corporation a monthly statement of all monies received by him/her, to and for the use of the Corporation and all accounts, in connection with the operation of the Cemetery. iii) To prepare and submit reports to the Minister, at such time and with such information as required by the Act and regulations thereunder. 2.4 EMPLOYEES NOT TO SOLICIT BUSINESS No officer or employer shall canvass or solicit business in connection with any monument or other structure to be erected, or in connection with any work to be done in a cemetery, save and excepting the selling of lots by persons authorized to do so. 2.5 SALE OF LOTS AND CEMETERY SERVICES i) Site Plan The Municipal Clerk shall keep available for inspection by prospective purchasers, maps showing all lots available for purchase. 2 810 ii) Charges The charges for lots and for all cemetery services shall be as set forth in the Tariff of Rates appended hereto as Schedule "A". iii) Certificate of Interment Rights (Deed) Upon payment in full of the purchase price of a lot, the Munici\lal Clerk shall prepare a deed, deliver it to the Purchaser and record same in a Register kept for that purpose. iv) Limitation of Deeds The deed of a lot shall convey only the right of burial of human remains therein, and of placing a marker or monument, and such rights shall be subject to the provisions of the Act and regulations thereunder, and of this by-law as amended from time to time, and no purchaser shall acquire any right, title or interest except as aforesaid, or pursuant to the Act or other Acts in that behalf. v) Transfer of Lots Upon the transfer of a lot by the owner thereof, the Municipal Clerk shall upon payment of a fee set out in Schedule "A" Tariff of Rates, prepare and have executed by the owner thereof, or by authorized personal representative of a deceased owner upon satisfactory evidence of their authority, a transfer in duplicate, and shall enter the transferring in the Register and deliver one copy to the transferee and keep the other for his/her records. In the case of a transfer where an owner is deceased, a copy of probate or of letters of administration shall be procured by the Municipal Clerk or a satisfactory statutory declaration with such particulars, including the names and addresses of the heirs and the name and addressees) of the person authorized to sign a transfer. vi) Removals Wherever the owner of a lot procures the removal of all remains from all graves of which he is the owner, and delivers to the corporation the deed to the lot, together with a release of all his interest therein, he/she shall be credited with the amount originally paid without interest, less the charge for removal, or where the removal charges are greater than such amount, he/she shall be charged with the difference. vii) Payments for Perpetual Care Where Not Originally Established In the case of lots formerly sold for a price from which no part was set aside for perpetual care, any person may pay to the Treasurer for the perpetual care of any such lot, a sum calculated at the rate as shown on Schedule "A" Tariff of Rates, and perpetual care shall be transferred to the Treasurer, and by him/her added to the perpetual care fund, and in every such case the Treasurer shall prepare and have executed and give to the person making such payment, a receipt of payment for perpetual care. vIII) Errors In the event that an error on the part of the Municipality is discovered in a lot reservation prior to the use of the lot for interment, and that lot is no longer available, the Municipality shall: 1 ) Amend the affected deed of that lot, or other reservation made prior to the enactment of this by-law, so as to provide a lot of equal or greater value and similar location acceptable to the lot holder; or 2) Cancel the lot reservation and refund the full amount paid as evidenced in the Municipality's records. The lot holder shall notify the Municipality of the lot holder's preference within 30 days of the notification of the error; otherwise the Municipality shall be entitled to make the decision. 3.0 FUNERALS AND INTERMENTS i) Burial of Lower Animals No burial of the body of any lower animal than a human being shall be allowed in any of the cemeteries. ii) More than Two In One Lot Due to the instability of the soil, the top of any interment container shall be 36" (91.5 em) below ground surface for safety reasons. Regardless of the manner in which the grave is prepared only one fully human remains is to be interred in any single lot. 3 811 For those purchasing lots or plots prior to the enactment of this by-law, double burials will be honoured, but no more than two burials shall be allowed in one lot. Both interments in one lot must each have caskets. iii) Burials on a Statutory Holiday No burial shall be made on a Statutory Holiday except in the case of a written order of the Medical Officer of the Department of Health or the Director of Operations or his / her designate. iv) Burials on Saturday or Sunday No burial shall be made on a Saturday or Sunday without payment of an extra charge as set forth in Schedule "A" appended hereto, save and except in the case of a written order of a Medical Officer of Health and in such case the extra charge shall not apply. v) Time of Day When Burials Permitted No funeral shall be admitted to the cemetery and no burial shall be allowed, except between the hours of 9:00 a.m. and 3:00 p.m., local time; provided that a funeral or burial may be allowed at other times by special permission of the Director of Operations or his / her designate and payment of such additional amount as is required as shown on Schedule "A" Tariff of Rates vi) Notice Prior to Burial At least twenty-four hours notice of the date and time desired for a burial shall be given to the office of the Director of Operations or his / her designate during business hours, , and unless such notice is in writing, the Corporation shall not be responsible for errors, and no arrangements will be conducted over a phone. vII) Order for Burial Prior to every burial there shall be delivered to the OffIce of the Municipal Clerk, by the funeral director, or his/her delegate, a death certificate properly completed with the information therein indicated as being required, whereupon the Municipal Clerk shall issue and deliver to the Director of Operations or his/her designate a burial permit; and no grave shall be opened without the Director of Operations or hislher designate being in attendance. viii) Route of Funeral Funerals within the cemetery shall follow the route prescribed by the Director of Operations or his/her designate. 3.1 MEMORIAL SERVICES Before any Memorial Service is held in a cemetery, the Director of Operations or his/her designate shall be given at least 10 days notice in writing together with a satisfactory undertaking that the cost of repairing any damage which may be occasioned, will be paid. 3.2 PUBLIC ACCESS Cemeteries shall be open to the public from 8:00 a.m. until sundown or as otherwise designated by the Director of Operations or his / her designate. With the exception of a police constable and employees of the Municipality of Clarington in the performance of their duties, no person shall enter or remain in a cemetery between sundown and 8:00 a.m. without the permission of the Director of Operations or his / her designate. 4.0 CEMETERY SERVICES SUPPLIED BY THE MUNICIPALITY OF CLARINGTON Save as herein otherwise provided, cemetery services available from the Municipality of Clarington shall not be allowed to be supplied by any person and for the purpose of this provision "cemetery services" shall mean all services normally supplied by the Municipality of Clarington and shall include, 1 ) Cutting grass and general care of lots 2) Planting trees, shrubs and grass 3) Setting grave markers, memorials 4) Construction of foundation for monuments and markers 5) Opening and closing of graves 6) Disinterment or removal of human remains 4 812 Disinterment and Removals No disinterment or removal of any human remains shall be allowed except under the supervision and direction of the Medical Officer of the Department of Health and in the presence of the Director of Operations or his / her designate and upon due observance of all other requirements of the Act and regulations made thereunder. Oversized Shells and Vaults Where a shell or vault has a width of more than 2' 6" (0.762 metres), or a length of more than 7' 6" (2.286 metres), the Director of Operations or his/her designate shall not be obliged to permit the burial unless there is sufficient space to accommodate it; and the Director of Operations or his/her designate shall not be obliged to permit the erection of any monument where there is insufficient room left for the foundation. 5.0 MARKERS AND MONUMENTS i) General Permission of Owner No marker or monument shall be placed or allowed to remain without written order signed by an owner of the lot or grave and delivered to the Director of Operations or his/her designate. Permission of Director of Operations or his / her designate No markers. monument or vaults shall be brought into a cemetery or any materials placed or any work done, except at such time and in such manner and in such place as is authorized by the Director of Operations or his/her designate. Removal Order No marker or monument shall be removed without a written order signed by the owner and delivered to the Director of Operations or hislher designate. Inscriptions No inscription which is scandalous. shall be made or allowed to remain, on any marker or monument in a cemetery, and no inscription shall be made without the permission of the owner of the lot. Hours of Work No work shall be done or allowed except between 8:00 a.m. and 5:00 p.m. from Monday to Friday inclusive. Afllitter and debris and loose earth shall be removed at the time above set forth for cessation of work. To Avoid Damage Due care shall be used, by the use of planks and otherwise, to avoid causing any damage to any path or lawn or to anything within the cemetery. Minor scraping of the base portion of the upright markers due to the mowing operation is considered to be normal wear. In Vicinity of Funeral No work shall be carried on in the vicinity of a funeral at anytime while such funeral is in process. Behavior of Work Person(s) The demeanor and behavior of all work person(s) employed by others shall be subject to the direction of the Director of Operations or his/her designate; and every such work person shall leave the cemetery when so ordered by the Director of Operations or hislher designate. Removal of Litter The Director of Operations or his / her designate may remove any material, and any litter or debris left. 5 813 ii) Markers Size Every marker for a single grave shall be of a size as nearly as practicable, of 18" X 24" (45.7 cm X 61 cm) width, with a thickness of from 3" to 6" (7.6 cm to 20.3 cm). . Location Every marker shall be placed only by employees of the Municipality of Clarington and the surface shall be level and without projections and shall be flush with the ground. No more than one marker is allowed on one grave, and no marker is allowed at the same end as a monument. Iii ) Monuments Materials Every monument shall be made of bronze, granite, marble or other durable stone used for that purpose with no vertical joint and no ornament of stone, metal or other material attached thereto. All monuments shall be mounted only on a stone or concrete base or footing and the base or footing shall be constructed by the Municipality of Clarington and set flush with the level of the adjoining ground. Size No monument shall exceed 48" (122 cm) in height, including base or footing, above the level of the adjoining ground, and: - When located on a lot shall not exceed 10% of the lot area - When located on a plot, the base shall not exceed 14" X 38" (35.5cm x 96.5 cm). Location A monument shall be located at the head of a lot or plot and no more than one monument shall be allowed on one lot or on one plot save and except that Council may, at their discretion and from time to time, upon application, permit more than one monument on a plot. Notice to the Municipality of Clarington There shall be delivered to the office of the Director of Operations or hislher designate, at least two weeks prior to the date desired for the erection of a monument, an order in writing with the information thereon indicated, including the dimensions of the monument, and the order for the foundation. 6.0 REGULATIONS MADE UNDER THE AUTHORITY OF THIS BY-LAW I) Flowers, Shrubs and Ornamental Trees Unbreakable flowerpots may be placed and flowers planted at the front of a grave not more than 12" (30.5 cm) from the marker or monument. Floral stands are to be of a single leg support type and may not exceed 48" (122 cm) with no more than two stands per monument. The arms of the stand must not project into the maintenance area. Extra stands will be removed. Floral tributes left on a grave at the time of interment shall be removed within ten (10) days under the direction of the Director of Operations or his / her designate. Shrubs and omamental trees must be in alignment with and close proximity to the marker while flowering plants must be grown only in front of the marker, provided that the bed extends no more than 12" (30.5 cm) from the marker, and maintained solely by rights holder. Maintenance involves pruning to limit height of trees to 48" (122 cm), and laterally to within the boundaries of the right holders lot. Flowering plants must be weeded and watered. Failure to meet these criteria may result in assuming the holders duties to have been abandoned. The plants may then be removed and discarded on the direction of the Director of Operations or his/her designate. i1) Glass or Other Items No lettered boards, signs, items made of glass in whole or in part, crockery items or wind chimes are allowed to be left on graves. 6 814 iii) Winter Wreaths No winter wreaths shall be permitted on a grave or lot after the first day of April in any year and up to the last day of October following, and any box, container, wreath, etc., so placed shall be removed by the Director of Operations or his/her designate. iv) Young Children No children under or apparently under the age of twelve shall enter or be within any cemetery grounds except when under the proper control of an adult. vi) Vehicles No person shall drive an automobile or other vehicle anywhere in a cemetery other than on a designated road or lane, with the exception of vehicles or equipment necessary for the operation and maintenance of the cemetery. No person shall drive a vehicle at a speed of more than 15 kilometers per hour. vii) Parade and Procession No person shall take part in any parade or procession within a cemetery, except a funeral procession, without approval by Council. viii) Watering Cans Visitors are expected to return watering cans to the place of origin at or beside the water tap. Ix) Enforcement Any person who contravenes any provision of this by-law is guilty of an offence and liable upon conviction to a fine as prescribed in the Provincial Offences Act. 7.0 REPEAL OF BY-LAWS By-Laws 79-104; 81-045; 83-162; 86-030; 89-195; 89-219; 92-077; 93-118; 94-047; 95-106; 96-44 and 2001-112 are hereby repealed. 8.0 EFFECTIVE DATE This by-law shall take effect on the date of approval by the Ministry of Consumer and Business Services. By-law read a first and second time this 18'" day of April 2005. By-law read a third time and finally passecl this 18'" day of April 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 7 815 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE "A" TO BY-LAW 2005- CEMETERIES - TARIFF OF RATES EFFECTIVE JANUARY 1, 2006 SALE OF PLOTS Type of Lot Dimension Dimension Dimension 40% Rate 70/. Total Bowmanvllle Bondhead St. Perpetual GST George's Care Rate Sinale 3' X9' 3' X9' 3' X9' 400.00 1000.00 70.00 1070.00 Babvland 1.5' X 3' 1.5' X 3' 1.5' X3' 140.00 350.00 24.50 374.50 Cremation 2' X2' 2' X2' 2' X2' 140.00 350.00 24.50 374.50 2. SALE OF CREMATION NICHES Columbarlum Niche Size 15% Rate 7% GST Total Perpetual Care Rate Single (including 12" X 12" X 120.00 800.00 56.00 856.00 PlaQue) .12" Double (including 12" X 12" X 180.00 1200.00 84.00 1284.00 PlaQue) 12" 3. INTERMENT Rate 7% GST Total Adult - Sino Ie Depth 550.00 38.50 588.50 Adult - Double Deoth 690.00 48.30 738.30 Infant I Child 200.00 14.00 214.00 Cremation 200.00 14.00 214.00 Niche Wall 100.00 7.00 107.00 4. DISINTERMENT CHARGES Rate 7% GST Total Disintennent (adult) including reburial at 911.21 63.79 975.00 the same location or at another location in the same cemetery Disintennent (adult) for burial at another 771.03 53.97 825.00 cemeterY Disintennent (child) including burial at 572.90 40.10 613.00 another location in the same cemetery Disintennent (child) including reburial at 514.02 35.98 550.00 same arave or different cemetery Disintennent (infant I cremation) including 247.66 17.34 265.00 reburial at another location in the same cemeterY Disintennent (infant I cremation) including 169.16 11.84 181.00 reburial at same grave or different cemetery 5. HOLIDAY AND OTHER SURCHARGES Rate 7% GST Total Intennent on Saturday, Sunday and 281.31 19.69 301.00 StatutOry Holidavs (fee is additional) Disintennent for double depth burial (fee is 181.31 12.69 194.00 additional) Rental for lowering Device, set up and 68.22 4.78 73.00 dressina Provincial License Fee (except for 10.00 .70 10.70 cremation) Cremation Intennent on Saturday, Sunday 100.00 7.00 107.00 and StatutOry Holldavs (fee is additional) 6. MONUMENT FOUNDATIONS AND SETTING MARKERS Rate 7% GST Total Monument foundation (flat fee) 234.58 16.42 251.00 Flat Marker Foundations (flat fee) 142.06 9.94 152.00 Cremation I Babv Markers (flat fee) 59.81 4.19 64.00 Removal of Monuments 44.86 3.14 48.00 7. TRANSFER I Fee 8. PERPETUAL CARE 15.891 1.11 I 17.00 I Headstone Maintenance Footstone Maintenance Rate 100.00 50.00 7% GST 7.00 3.50 1 816 cmri!}gtDn REPORT Meeting: EMERGENCY AND FIRE SERVICE~ GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19, 2006 Report #: ESD-008-06 File# 10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT - MAY 2006 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-008-06 be received for information. SUbmitt~d : iJ- .Gordon Weir, AMCT, CMM1 1 Director Emergency & Fire ervices Reviewed by: c) ~~-~ Franklin Wu. Chief Administrative Officer GW*sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 901 REPORT NO: ESD-008-06 BACKGROUND AND COMMENT 1. BACKGROUND PAGE 2 1.1 Our report covers the month May, 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 250 calls during this period and recorded total fire loss at $222,450. A breakdown of calls responded to follows in the table attached. Attachment: Activity Report 902 ~ CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT Period: May 1, 2006 OO:OO:OOhrs to May 31,2006 23:59:59hrs CALL TYPE PROPERTY FIRE CALLS CALL TYPES - VOLUME BY STATION STATION 1 STATION 2 STATION 3 STATION 4 Bowmanvllle Newcastle Orono Courtlce 8 0 5 STATION 5 Ennlsklllen 1 TOTA 17 o o 6 1 23 8 250 # of Fire Calls Dollar Loss $ 8 $2,950 5 $179,500 1 $5 000 17 $222 VOLUNTEER STANDBY RESPONSES # of Standbvs - Calls 4 0 0 1 0 5 # of Standbys - Training 0 0 - 0 0 0 0 2006 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. ADr. Mav. Jun. Jul. Aua. SeD. Oct. Nov. Dec. STATION 1 122 109 126 138 119 0 0 0 0 0 0 0 614 STATION 2 25 38 22 49 33 0 0 0 0 0 0 0 167 STATION 3 20 29 18 10 21 0 0 0 0 0 0 0 98 STATION 4 71 61 89 76 69 0 0 0 0 0 0 0 366 STATION 5 5 8 15 15 8 0 0 0 0 0 0 0 51 129 TOTALS 243 245 270 288 250 0 0 0 0 0 0 0 129 2005 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. ADr. Mav. Jun. Jul. Aua. SeD. Oct. Nov. Dec. STATION 1 153 118 109 148 133 170 161 157 139 118 137 128 167 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 92 80 100 69 86 105 79 101 STATION 5 16 8 4 15 9 10 12 12 11 15 16 5 133 348 TOTALS 330 254 253 296 265 325 306 310 267 274 I 314 286 348 903 Cl~!llgtnn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19, 2006 Resolution #: Report #: CSD-11-06 File #: By-law #: Subject: CREATING HEALTHY ENVIRONMENTS FOR YOUTH PROGRAM Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-11-06 be received for information. . Reviewed bYO~...:.. R.Jr.. Franklin Wu Chief Administrative Officer Submitted 6y. / / J: seph P. Caruana (Jirector of Community Services JPC/ga/wg CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1001 REPORT NO.: CSD-11-06 PAGE 2 1.0 BACKGROUND 1.1 Since September 2003, Community Services Staff have workpd with a coalition of partners in the community entitled "Creating Healthy Environments for Youth." The group consists of Durham Region Public Health Department, Heart and Stroke Foundation of Ontario, Canadian Cancer Society, Canadian Diabetes Association and participating Durham Region Municipalities. 1.2 The mandate for this group is to provide healthy food choices for participants and spectators of recreation centres, in particular, arena facilities. This program hopes to educate young arena patrons and assist in combating obesity among our younger age groups. (see attachment #1) 2.0 PROGRAM 2.1 In 2005 a survey of arena patrons throughout Durham Region was undertaken. The objective of the survey was to identify healthier food options for concessions that were feasible, cost effective and appealing to patrons. A total of 418 surveys were completed throughout Durham Region. A report on the results was prepared and is provided for your information. (see attachment #2) 2.2 Based on a positive result from the survey, the coalition was encouraged to establish a "Healthy Eating in Arenas Pilot Project". The Scugog Community Recreation Centre and the Garnet B. Rickard Recreation Complex are the selected locations for this project. 2.3 The Pilot Project will run from September 2006 to March 2007 and during this time healthy food choices will be promoted in a new healthy menu. To heighten the awareness for this project a "Kick Off" will take place at the Rickard Complex on Saturday September 23, 2006. Coalition members will be present for the event and invitations will be provided to all Members of Council to attend. In addition, local sport organizations will be invited to take part in the event. 3.0 COMMENT 3.1 Through the various programs that the department provides, specifically in the fitness area, active lifestyles and healthy eating choices are an integral component. 3.2 The department is pleased to be involved in this initiative and fully supports the objective of this pilot project. Attachments: Attachment #1 - Creating Healthy Environments for Youth Report 2006 Attachment #2 - Arena Survey Report 1002 .. .. CSD-ll-06 - Attachment # 1 Creating Healthy Environments for Y outb Report 2006 Overweight and obesity rates have nearly tripled over the past two decades among Canadian children. The childhood obesity epidemic as a Public Health issue has brought creating supportive environments for youth to the forefront as a health promotion strategy. After a needs assessment was completed with community members, Durham Region Health Department partnered with Heart and Stroke Foundation of Ontario, Canadian Cancer Society, Canadian Diabetes Association and local sports arenas to form a community coalition entitled Creating Health Environments for Youth. The purpose of this coalition is to help create an environment that promotes and supports healthy eating in arenas. Arenas have been targeted because they include a large population of youth and their families. At the same time, the arena is the cornerstone of many communities with people of all ages visiting as participants and spectators. The Creating Healthy Environments for Youth coalition is implementing a Healthy Eating in Arenas Pilot Project to study the impact of including healthy food choices in arena concession stands. The purpose of implementing these healthy food choices is to enable youth and their families in Durham Region to make the healthy food choice the easy choice. A survey was completed in 2005 by arena patrons, ages 15+, from 13 arenas across Durham Region. Survey results showed that 90% of Durham Region Residents support the inclusion of healthy food choices in arena concession stands. The 13 municipal arenas that participated in the survey were provided with the opportunity to participate in the Healthy Eating in ArenasPilot Project. Two municipal arenas (Scugog Community Recreation Centre and Gamet B. Rickard Recreation Complex) were interested and eligible to participate. Information obtained from the original survey will be used to assist in the selection of the healthy menu items for each arena concession stand. Current available food choices at the pilot sites will be reviewed, and healthy food options will be identified and categorized into one of the four food groups of Canada's Food Guide to Healthy Eating. The goal for the pilot is to have at least 4-5 healthy food choices available within each of the four food groups. Foods with maximum nutritional value will be selected. These foods are: . good or excellent sources of important nutrients (eg. Vitamins, minerals, protein and fiber) . generally low in added fat, sugar and/or salt . found within one of the four food groups in Canada's Food Guide to Healthy Eating . generally whole grains, vegetables and fruit, low fat milk products and lean meats and alternatives As well, some healthier versions of snack foods, which typically fall under the "Other Foods" category of Canada's Food Guide to Healthy Eating, will also be identified. 1003 .. . CSD-II-06 - Attachment # 1 During the pilot, new and previously available healthy food choices will be promoted together as part of a new "healthy menu". A variety of strategies will be used to assist in the successful promotion and sale of the healthy menu items in Arenas and be spaced out to allow for continued promotion throughout the season (September - March). Promotional activities will include: . A launch event at both Scugog Community Recreation Centre in Port Perry and Gamet B. Rickard Recreation Complex in Bowmanville including local champions and speakers from influential organizations in the arena community. Both launch events will take place in September 2006. . Media Releases and Media Advisories will be sent to local media outlets to promote the launch events and promote the pilot project. . Provision of information about healthy eating and healthy food choices via bulletin boards, point of sale advertising and promotions in concession stands and on pre-ordering menu's for sports events. . Implementation of a contest or draw using a healthy eating frequent purchase card. . Website updates, links and promotions will be submitted to recreational community guides and parent manuals. . Coalition members will also inform athletic groups, coaches and schools via School Community Councils and school newsletters, local fruit and vegetable produces (i.e. Durham Farm Fresh) and Dairy Farmers (i.e. Kawartha Dairy) in the surrounding areas to promote the project to the community. . Outreach visits to pilot arenas will be conducted on an ongoing basis to identify barriers to implementation of healthy food choices on the menu and to assess what additional information and/or resources are required by the arena owners/concession stand operators to overcome these barriers. . In order to foster support for creating healthy environments for youth, coalition members will continue to liaise with the Ontario Recreations Facilities Association (ORF A) and update the Ontario Hockey association (OHA), the Ontario Hockey Federation (OHF), coaches, athletic associations, parents and local schools of the benefits of creating supportive environments for youth and the Healthy Eating in Arenas pilot project. At the conclusion of the pilot project, the data will be analyzed and a report will be written. The Creating Healthy Environments for Youth coalition will use the study results to assist arenas to make modifications to improve the sale of healthy food choices. The summary report of the results of the initiative will be completed by researchers, in consultation with Durham Region Epidemiology Department following the completion of all evaluations. The results will be utilized to promote the implementation of healthy food choices in all arenas across Durham Region. 1004 ~ HEALTH DEPARTMENT CSD-II-06 - Attachment #2 Arena Survey Report c.reaTing Heal+hy EnVironmen-+G. -for You+h For more information or to order additional copies contact . Durham Region Health Department at 1- 800 - 841- 2729 .i~fl ~ t:_.....~..UN: D Canadian ~ocit'te Cancer callatlienne Society 1111 (an(('[ (i' (qJ CANADIAN ASSOCIATION DIABETES CANADIENNE ASSOCIATION DU DIABETE ....... AND 5IROlU rouNOATlON Of QN1"AM) Finding answers. For lire. 1005 2 I I I I I I I I I I I I I I I I I I I ARENA SURVEY REPORT Background Studies have shown that overweight and obesity rates have nearly tripied over the past two decades among Canadian children.1 Environments need to undergo change in order to make it easier for the next generation to make healthy choices. Communities and organizations need to work together as this can help to create supportive environments within communities that promote healthy weights along with an opportunity to maintain a healthy lifestyle. Durham Region Health Department is mandated by the Ministry of Health and Long Term Care Mandatory Programs and Services Guidelines to "work with food purchase outlets, and community partners to improve their physical and social environment for people to adopt healthy eating practices." As a result, Durham Region Health Department has partnered with Heart and Stroke Foundation of Ontario, Canadian Cancer Society, Canadian Diabetes Association and local sports arenas including Ajax, Beaverton, Cannington, Clarington, Scugog, Pickering, Sunderland, Uxbridge and Whitby to form a community coalition entitled Creating Healthy Environments for Youth. The purpose of this coalition is to help create an environment that promotes and supports healthy eating in arenas. Arenas have been targeted because they include one of the largest populations of youth outside of school. At the same time the arena is the cornerstone of many communities with people of all ages visiting as participants and spectators. Over the past several months the coalition has been promoting healthy eating in arenas and conducting a survey related to healthy eating in arenas. Methodology The survey was developed by Creating Healthy Environments for Youth coalition, in consultation with Public Health Epidemiologists. Results from the survey were evaluated by Durham Region Health Department and will be utilized to assist arena vendors to include healthier food choices at concessions stands at arenas and to promote healthy environments for youth. The Creating Healthy Environments For Youth coalition implemented the survey by hosting a number of displays and bulletin boards on healthy eating throughout arenas across Durham Region. Refer to appendix 1. These displays provided an opportunity for members of the coalition to share information on healthy eating and physical activity and to ask the arena community for their input on healthy food choices in arenas. Survey participants were all 15 years of age and over and were asked on a voluntary basis to complete the survey. Refer to attached arena survey. Several participants provided additional comments on their attitudes toward foods currently being offered in arenas. (Refer to appendix 5) 1 Basrur, S. (2004). Healthy weights, healthy lives: creating environments that promote healthy weights. Ontario Medical Association Position Paper (2005). An Once of Prevention or a Ton of Trouble: Is There an Epidemic of Obesity in Children? 1006 3 Objectives The purpose of this survey is to identify healthier food options at arena concession stands that are feasible, cost-effective and appealing to the arena community. Results of Survey Findings A total of (n=418) surveys were filled out at the following arena locations: . Ajax, . Beaverton . Cannington . Clarington . Scugog . Pickering · Sunderland . Uxbridge . Whitby The age distribution of survey participants who visit arenas was from 15 to 55+ years of age with the majority being in the 36-45 (208 or 52.1 %) age range. Age distribution of survey participants who visit arenas In Durham Region 5.3%, +55 9.5%, 15-18 2.3%, 19-25 21.1%,26-35 1007 4 I I I I I I I I I I I I I I I I I I I The majority of individuals visit the arena 2-3 times a week (40.2% or 165), 26.0% or 107) visit the arena 4-5 ,times a week Frequency of visit to arenas in Durham Region More than 6 times a week,12.0% Less than onces a week,10.7% 4-5 times, 26.1% Arena survey participants were asked during what times of the day they were most likely to visit the arena. The majority of arena users visited in the evening between 5- 8pm (66.7% or 279). A much lower percentage of individuals visited the arenas in the morning between 6am-12 noon (29.0% or 125), afternoon between 12-3pm (22.5% or 94), early evening between 3-5pm (21.5% or 90) and late evening after 8prn (17.5% or 73). Arena survey participants were asked whether they buy food from the snack bar or vending machines at the arenas. The majority of arena users (61.2% or 256) indicated that they buy food from arenas regularly while (35.4% or 148) indicated that they do not buy food from the snack bar. The top five foods that people listed that they bought from the snack bar regularly include: Refer to appendix 2 Arena survey participants were also asked on average, how much money they usually spent per visit to the snack bar. On average the majority of arena users spend between $2.00 and $5.00 (52.0% or 197) while only (4% or 15) spend over $10.00. 1008 5 How much money spent at the snack bar during each visit to the arena >$10 3.9% 2-5 51.0% Arena survey participants were asked about which factors influenced the purchases that they made at snack bars. These include cost, convenience, freshness, and portion size. The majority of arena consumers reported that convenience (64.6% or 270) was the most important characteristic that had an influence on the purchases of food items that they made at snack bars while visiting the arenas. Influence of purchase Number Percentage Convenience 270 64.60/0 Cost of Item 88 21.10/0 Freshness 63 15.10/0 Volume or portion size 23 5.50/0 Arena survey participants were asked which meals if any they ate at the arena. The majority of arena consumers reported having only snacks (57.2% or 239). Meals at arena Number Percentage Breakfast 17 4.10/0 Lunch 58 13.90/0 Supper 69 16.50/0 Snacks 239 57.20/0 1009 6 I I I I I I I I I I I I I I I I I I I Arena survey participants were also asked for whom they most often purchased food for at the snack bars. The majority of users indicated that they purchase food for themselves and their children (70.3% or 294) Who do you purchase food for? Number Percentage For Self 85 20.30/0 For Children and Self 294 70.30/0 For Friends and Self 16 3.80/0 Arena survey participants were also asked whether they would like to see healthier food choices being offered at arenas. The majority of arena consumers (89.7% or 375) indicated that they would like to have healthier choices made available for them to purchase at the concession stands at arenas. The top five healthy food choices that people indicated they would buy include: Refer to appendix 3 Arena survey participants were also asked what price range they would be willing to pay for food choices. On average the majority of arena consumers (61.6 or 236) reported that they would be willing to pay between $2.00 and $5.00 for food choices while only (1 % or 4) indicated that they were willing to spend over $10.00. Price range willing to pay for food choices at the snack bar >$10 1% 2-5 62% 1010 7 Arena survey participants were also asked whether they brought foods from home. The majority of arena consumers (59.8% or 250) indicated that did not bring foods from home. For the remaining percentage that indicated that they brought foods from the home the following is a list of the most common foods that are brought to the arenas: Refer to appendix 4 Conclusion The arena questionnaire suggests that arena users would like to have healthier food choices made available at concessions stands in Durham Region arenas. The cost of a food item was the second most important factor that influenced peoples purchase and since the majority of arena respondents were willing to spend between $2-$5 on snacks during their visit to the arena, it is important that new healthier food choices are also offered within this price range. The top five foods that people indicated that they would buy if offered at arenas include fresh fruit, vegetables, yogurt, sandwiches and granola bars. It is imperative that the Creating Health Environments for Youth coalition take. these suggestions into consideration in order to create an environment within the arenas that promote healthy weights. 1011 8 I I I I I I I I I I I I I I I I I I I Addendum to the Arena Survey Report Results of Survey Findings: Scugog · A total of (n=45) surveys were filled out at Scugog. · The age distribution of survey participants who visit arenas was from 15 to 55+ years of age with the majority being in the 36-45 (51 .1 % ) age range. · In Scugog compared to other arenas in Durham Region the majority of individuals visit the arena 4-5 times a week (42.2%) and a much lower percentage visit the arena 2-3 times a week (33.3%). · Arena survey participants were asked during what times of the day they were most likely to visit the arena. The majority of arena users visited in the evening between 5-8pm (66.7%). · A much lower percentage of individuals visited the arenas in the morning between 6am-12 noon (26.7%), aftemoon between 12-3pm (6.7%), early evening between 3-5pm (20.0%) and late evening after 8pm (15.6%). · Arena survey participants were asked whether they buy food from the snack bar or vending machines at the arenas. The majority of arena users (51.1 %) indicated that they buy food from arenas regularly while (44.4%) indicated that they do not buy food from the snack bar. · Arena survey participants were also asked on average, how much money they usually spent per visit to the snack bar. On average the majority of arena users spend either less than $2 (42.2%) or between $2.00 and $5.00 (40.0%) while only (2.2%) spend over $10.00. · Arena survey participants were asked about which factors influenced the purchases that they made at snack bars. These include cost, convenience, freshness, and portion size. The majority of arena consumers reported that convenience (73.3%) was the most important characteristic that had an influence on the purchases of food items that they made at snack bars while visiting the arenas. , Influence of urchase Convenience Cost of Item Freshness Volume or ortion size Percenta e 73.30/0 13.30/0 8.90/0 6.70/0 1012 9 · Arena survey participants were asked which meals if any they ate at the arena. The majority of arena consumers reported having only snacks (55.6%). Meals at arena Breakfast Lunch Su er Snacks Percenta e 4.4 0/0 6.70/0 17.80/0 55.60/0 · Arena survey participants were also asked for whom they most often purchased food for at the snack bars. The majority of users indicated that they purchase food for themselves and their children (77.8%). Who do you purchase food for? Percentage For Self 26.70/0 For Children and Self 77.80/0 For Friends and Self 4.4 0/0 · Arena survey participants were also asked whether they would like to see healthier food choices being offered at arenas. The majority of arena consumers (91.1 %) indicated that they would like to have healthier choices made available for them to purchase at the concession stands at arenas. · Arena survey participants were also asked what price range they would be willing to pay for food choices. On average the majority of arena consumers (55.6%) reported that they would be willing to pay between $2.00 and $5.00 for food choices while only (13.3%) indicated that they were willing to spend over $10.00. · Arena survey participants were also asked whether they brought foods from home. The majority of arena consumers (62.2%) indicated that did not bring foods from home. Conclusion The arena questionnaire from Scugog suggests that arena users would like to have healthier food choices made available at concessions stands in arenas. Convenience of a food item was the most important factor that influenced peoples purchase and since the majority of arena respondents were willing to spend no more than $5 on snacks during their visit to the arena, it is important that new healthier food choices are also offered within this price range. The top five foods that people indicated that they would buy if offered at arenas include fresh fruit, vegetables, yogurt, sandwiches and granola bars. It is imperative that the Creating Health Environments for Youth coalition take these suggestions into consideration in order to create an environment within the arenas that promote healthy weights. 1013 1014 I I I I I I I I I I I I I I I I I I I 10 Appendix1 Figure 1 ",...-, ..'-- '..,~.~".' .::.-.:-:...~...""..",,,..~,,,,,......,. 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'.',"<;;# ,; l~i;~1 ~.~'_~:_i:_" .~~" ~,' -- --- SamplE MEnu: TipS Ask for mustard irastead of butter, margarine or rnayonnais€ on your lial'Klwich Add Jt;lttuc~ i1nd tornatO@'S ~l 'AU'" .~~. ~_t .:!...t::;~ ~~::t~.::~~I:~:~t;lli:'j:;i;(;lijMn[jJjj]jJ f.;..r'l~~ ;lW-::rr~~1':~5:~~: :;~:r::;~l:~ U~. 12 I I Pi I I I I I I I I I I I I I I I I 1016 I Appendix 2 THE TOP FIVE FOODS THAT PEOPLE LISTED THAT THEY BOUGHT FROM SNACK BARS REGULARLY ARENA TOP CHOICES AJAX 1. Coffee, hot chocolate, tea 2. French Fries and Onion Rings 3. Pop and drinks 4. Slushies 5. Popcorn and Cookies BEAVERTON 1. Coffee, hot chocolate, tea 2. Pop and drinks 3. Chips 4. Hot dogs 5. Milk and milk chocolate BLACKSTOCK 1. Pop and drinks 2. Pizza 3. Coffee, hot chocolate, tea 4. Chios BOWMANVILLE 1.Coffee, hot chocolate, tea' 2.Popcorn 3.Pop and drinks 4.French Fries 5.Hot dogs and chips CANNIGTON 1. Coffee, hot chocolate, tea 2. Hot dogs 3. Candy 4. Pop and drinks 5. Chocolate bars PICKERING 1.French Fries 2. Pizza 3. Candy 4. Coffee, hot chocolate, tea 5. Pop and drinks SUNDERLAND 1. Coffee, hot chocolate, tea 2. Candy 3. Slushies 4. Chips 5. Drinks and pop UXBRIDGE 1. Coffee, hot chocolate, tea 2. Popcorn 3. Pop and drinks 4. Fries and Onion rinas 13 1017 5. Chips - WHITBY 1. Coffee, hot chocolate, tea 2. Pizza 3. Pop and drinks 4. Chips 5. French Fries 14 I I I I I I I I I I I I I I I I I I I 1018 LO T""" en <t Z w a: <t w :I: I- :E o a: I.L > :;) co e ..J :;) o 3: > W :I: l- e w ~ o 2i z - W ..J Q. o W Q. ~ :I: I- en w o o :I: o e o o I.L > :I: I- ..J <t w :I: W > MLL .~ Q. "0 1:1- Q)w <~ ~ G.l .c<( - -- 02 Ul G.l > :;:::: C'll c: ~ G.l .... := II ~ C\l .~ .... II E -; CIl = G.l'Sf!! :E21- '<t II Ul~ -u Q) ..lo:: ::s 0 "OC'll e t; D...c ~;t::: =::C') :E -; II .... ~~~II ~ Q) Cl~ :Ec3~~ Ul(O'<t U II II ::s ~ CIl "0 C'll Q) C\l OIIl.c a: C'll.Sol II c:o::Ja __ c:"c Q) C'll C'll c: Cl ~ .... 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Q) t en ~ II 11l 6,mN~m o.ce=.c >-ou.~o (I') 0) C\l1I"'=t II -..... ~ II en ""'1I:el!? C\I Q) lIen:Jctl C\l1I .c ....... ~ ~ E 00 (I') II en u "J .0.... _ .... .~ II 3: - ~ II en Q) :> .s-~Octl-~ "CctlQ)en~c_~u c c Clctl:> ctl en .....ctl CO:J Q).'t:: 0);:; ctl ctlu'- CI)::::' > a.....J.....a..00 ~(I') II II .'t:: Q) (I') 2.~ II (\J - '~"C II .cQ)ctlen 11l '- _ 0. "",~:Jctl:J "l:t - Q.l1l U II ...... 'S .. u. >- m I- :E ~ II - l.Oen ~ "l:t ~ -.oQ) '5 "l:t '-_ II 11l .s 0 :J "CQ).cO 11l~ Ol-.c ~ ctlQ)'~''t:: 0) :c en >_3:..... CIS .. ~ . . tn ~ > 1021 Appendix 4 THE MOST COMMON FOODS THAT ARE BROUGHT TO AREN/).S FROM HOME ARENA TOP CHOICES AJAX 1. Fruit 2. Drinks 3. Juice 4. Granola and cereal bars BEAVERTON 1. Fruit 2. Cheese BLACKSTOCK 1. Drinks 2. Fruit 3. Vegetables BOWMANVILLE 1. Fruit 2. Juice, > 3. crackers 4. Yogurt 5. Granola bars CANNIGTON 1. Fruit 2. Granola bars 3. Crackers 4. Drinks PICKERING 1. Fruit 2. Drinks SUNDERLAND 1. Crackers 2. Fruit 3. Cheese 4. Bagels UXBRIDGE 1. Fruit 2. Juice 3. Granola and cereal bars 4. Drinks WHITBY 1. Fruit 2. Juice 3. Crackers 4. Granola and cereal bars 5. Drinks 18 I I I I I I I I I I I I I I I I I I I 1022 19 Appendix 5 Personal Comments from the arena community · "This survey is a great idea. More and more families have extra curricular activities around the lunch & supper hours. More healthy alternatives would be great". · "This survey is an excellent idea and hopefully this will prompt arenas to alter (at least somewhat) the menu selections". .' "Arena stock junk food and it's a challenge to deny the kids every night (there 4-5 nights a week), it's a problem". · "Looking forward to some food changes". · "All the candies are displayed in the front and up high where the kids see them. This is obviously by design - perhaps if they are re-organized the kids would not be so attracted to the sweets offered and consider alternative snacks". · "Nice to see that healthy choices are being considered and hopefully implemented" . · "There is much time spent at the arenas, the more siblings, the greater the time spent. We need better choices especially for breakfast - donuts, muffins or cookies are basically it". · "It would be nice to see food that actually gives you energy, seeing that your reason for being here is to participate in physical. activity". 1023 Your opinion countsl Your input will assist operators to plan healthier menusl 20 1024 I I I I I I I I I I I I I I I I I I I Your arena is involved with a community coalition Creating Healthy Environments for Youth with Durham Region Health Department, Heart & Stroke Foundation, Canadian Cancer Society and The Canadian Diabetes Association. This group is working towards promoting and supporting healthy eating in arenas. This survey will take about 5 minutes of your time. If you decide to participate, you may refuse to answer any questions or withdraw from the survey at any time. Participation in this survey may not necessarily effect services provided. The answers that you provide will be used to assist arena operators in providing healthy foods in their facilities. *NOTE YOU MUST BE ATLEAST 15 YEARS OLD TO COMPLETE * 1. Date: Year_ Month Day 2. Locations that you visit regularly: Ajax 0 Clarington 0 Oshawa D Scugog D Uxbridge 0 Whitby D Beaverton 0 Pickering 0 Cannington 0 Sunderland 0 3. Arena Usage How often do you visit the arena in one week? D Less than once a week 0 once 0 2-3 times D 4-5 times 0 more than 6 times What times of the day are you most often visiting the arena? D Morning (6 a.m.-12 noon) 0 Afternoon (12-3 p.m.) D Early evening (3-5 p.m.) 0 evening (5-8 p.m.) 0 late evening (after 8 pm) 4. Age: 15-18 0 55+0 Demographic Information 19-25 D 26-35 0 36-450 46-550 Are you an employee at this facility? Yes D NOD 5. Do you buy food from the snack bar regularly? Yes 0 No 0 If yes, what do you buy? 21 If no, why not? 6. Who are you usually purchasing food for when at the arena? SelfD children and self D friends and self D 7. On average, how much do you usually spend at the snack bar at each visit to the arena? $2 or less D $2-$5 D $5-$10 D more than $10 D 8. What influences the purchases that you make at the snack bar? Cost of item D portion size D convenience D freshness D 9. What meals, if any do you eat at the arena? Breakfast D Lunch D Supper D Snacks D 10. Do you bring foods into the arena from home? Yes D No D 11. What kind of foods do you bring from home? 12. Would you like to see healthy food choices being offered at the arena? Yes D No D 13. What food choices would you like to see at the arena? 14. What price range would you be willing to pay for these food choices? $2 or less D $2-5 D $5-10 D more than $10 D 1025 22 I Thank you for taking the time to complete this survey! I All information gathered will be presented to arena operators to assist in the possible development of healthier food choices in arenas. I If you have any questions regarding this survey please contact Durham Region Health Department 1-800-841-2729 ext. 2125 I I General Comments: I 1026 I I I I I I I I I I I I .1 Collection of information on this form is collected under the Authority of the Health Protection & Promotion Act, 1990. Part VII, Section 91.1 for the purposes related to administration of a public health program or service. Questions about the collection of this information should be addressed to the Director, Public Health Nursing & Nutrition, Durham Region Health Department, 200-1615 Dundas St., E.. Whitby, Ontario LlN 2Ll, (1-800-841-2729) ClocmglOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19, 2006 Report #: CLD-017-06 File #: By-law #: Subject: PRIVATE PARKING ENFORCEMENT RECOMMENDATIONS: It is respectfully recommended to Council: 1 . THAT Report CLD-O 17 -06 be received; 2. THAT the by-law attached to Report CLD-017-06 to appoint parking enforcement officers for private property be forwarded to Council for approval; and 3. THAT Chris Tendam, P.R.O. Security & Investigation Agency Inc. be advised of Council's actions. Submitted by: ~~- C.lAnne reentree, BA, A.M.C.T. Deputy Clerk Reviewed be') ~ ~ Franklin Wu, Chief Administrative Officer CAG*LC*lb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1101 REPORT NO.: CLD-017-06 PAGE 2 BACKGROUND AND COMMENT Corporate private property owners have traditionally had the option of approaching Council for permission to hire security officers to enforce the Clarington Traffic By-law 91-58 on their own property. P.R.O. Security & Investigation Agency Inc. requires officer Chris Tendam for their locations at the Bridle Path, the Townline Centre and the Clarington Mall to perform the enforcement duties on site as they relate to Handicapped, Fire Route and Visitor Parking offences at this site. P.R.O. Security & Investigation Agency Inc. have approached the Municipality and requested that their officer be authorized to issue parking tickets on their respective properties. In order for this officer to be able to perform these duties they must be appointed pursuant to the Police Services Act as Parking Enforcement Officers. P.R.O. Security & Investigation Agency Inc. have had officers appointed in the past and are aware that once appointed this officer must attend at the Municipal Administrative Centre for training prior to commencing any enforcement duties. ATTACHMENTS: Attachment 1: By-law to Appoint Chris Tendam as a Parking Enforcement Officer for Private Property INTERESTED PARTIES: P.R.O. Security Investigation Agency Inc CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1102 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Chris Tendam, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 1402 Highway #2, 2377 Highway #2 , 1-43 Bridle Path, 44-80 Park Lane Circle and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Chris Tendam is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 1402 Highway #2,2377 Highway #2 , 1-43 Bridle Path, 44-80 Park Lane Circle and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. 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 1103 CI!1!illgron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19, 2006 Report #: CLD-018-06 File #: By-law #: Subject: MUNICIPAL LAW ENFORCEMENT OFFICERS APPOINTMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-018-06 be received; and 2. THAT the by-law appointing Holly Christine Graham and Ashley Joanna Massey as Municipal Law Enforcement Officers for the Municipality of Clarington be forwarded to Council for approval. ~ Submitted by: ~./ f/ . / CfAnne Greentree, B ,A.M.C.T. Deputy Clerk Reviewed bY:O ~--~ Franklin Wu, Chief Administrative Officer CAG*LC* CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1104 REPORT NO.: CLD-018-06 PAGE 2 012 BACKGROUND AND COMMENT The Municipal Law Enforcement Division has hired two summer students to work as officers and enforce municipal by-laws relating to long grass and weeds, West Nile virus and municipal land encroachments Holly Graham is currently enrolled in the Police Foundations Course at Durham College and Ashley Massey has graduated from that course and is continuing her studies at the University Of Ontario Institute Of Technology. In order to perform their duties as officers, both Miss Graham and Miss Massey will need to be appointed by municipal by-law and sworn in under the Police Services Act. The by-laws to appoint both students are attached to this report. ATTACHMENTS: 1 By-law to Appoint Holly Christine Graham Hill as a Municipal Law Enforcement Officer 2 By-law to Appoint Ashley Joanna Massey as a Municipal Law Enforcement Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 1105 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- Being a By-law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is desirable to appoint Holly Christine GRAHAM as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the By-laws of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Holly Christine GRAHAM is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. 2. THAT Holly Christine Graham's appointment as a Municipal Law Enforcement Officer shall remain in effect for the duration of her term of employment with the Municipality of Clarington. BY-LAW read a first time this 26th day of June 2006. BY -LAW read a second time this 26th day of June 2006. BY-LAW read a third time and finally passed this 26th day of June 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1106 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- Being a By-law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is desirable to appoint Ashley Joanna MASSEY as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the By-laws of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Ashley Joanna MASSEY is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. 2. THAT Ashley Joanna MASSEY's appointment as a Municipal Law Enforcement Officer shall remain in effect for the duration of her term of employment with the Municipality of Clarington. BY-LAW read a first time this 26th day of June 2006. BY-LAW read a second time this 26th day of June 2006. BY-LAW read a third time and finally passed this 26th day of June 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1107 ClilLiggtDl1 REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 19, 2006 Report #: COD-031-06 File#_ By-law # Subject: TENDER CL2006-3, SNOW CLEARING .,.4 , Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-031-06, be received; 2. THAT D & F Snow Removal, Bowmanville, Ontario, with a total bid in the amount of $2,498.00 for Section I, $4,890.00 for Section 2, and $1,421.00 for Section 3, Option 1, including GST, being the lowest responsible bidder meeting all terms, conditions and specifications of tender CL2006-3, be awarded the contract for Snow Clearing for the term commencing approximately December 1, 2006 and expiring on November 30, 2009; and 3. THAT the required funds be drawn from the respective year's operating budget for snow clearing. Submitted by: Reviewed bO u.....-R.. 0 ~ Franklin Wu, Chief Administrative Officer orvath, RDMR, RRFA, Dire 0 of Operations ~ cr'ok _~~ ',A Nancy Taylor, B.B.A., C.A., U" Director of Finance MM\FH\LAB\lm 1201 REPORT COD-031-06 PAGE 2 BACKGROUND AND COMMENT Tenders were advertised and issued for snow clearing and winter maintenance of Municipal property, sidewalks and parking lots for the term commencing approximately December 1, 2006 and expiring November 30, 2009. Subsequently bids were received and tabulated as per Schedule "A" attached and reflect the price per callout. The tender provided for pricing on the following options: OPTION 1. SPECIFIED LOCATIONS: A Section 1, Courtice B Section 2, Bowmanville '. C Section 3, Newcastle, Orono, Hampton, Solina, Burketon, Enniskillen, Newtonville, Maple Grove and Rural Areas D Combination of any of the three sections as per the Specifications. OPTION 2. All MUNICIPAL SIDEWALKS. APPROVED WINDROWS AND MUNICIPAL PROPERTIES: A Section 1, Courtice B Section 2, Bowmanville C Section 3, Newcastle, Orono, Hampton, Solina, Burketon, Enniskillen, Newtonville, Maple Grove and Rural Areas D Combination of any of the three sections, all municipal sidewalks, approved windrows and Municipal Properties. The Municipality also reserved the right to award Option 1 and 2 and to award all sections together or separately, whichever was in their best interest. Contractors were permitted to bid on Option 1 and I or 2 and on one or more sections, however must bid on all items within each section. There are 5 parts to each section; Part 1- Town Owned Properties, Part 2 - Additional Sidewalks, Part 3 - Municipal Facilities, Part 4 - Senior Citizens and Physically Disabled Snow Clearing Program and Part 5 - Snow Removal of Boulevards and Part 6 Trail Pathways. 1202 REPORT COD-031-06 PAGE 3 Bidders were also advised that continuance of Part 4 of each section of Option 1 and 2, Senior Citizens and Physically Disabled Snow Clearing Program is at the discretion of Council in any given year and that Part 5 of each Section of Option 1 and 2, Boulevards would be awarded at the discretion of Council and only upon very high snow falls. Part 6 which is for various trail pathways will be reviewed and considered during Budget deliberations as part of the 2007 winter program. The purpose of dividing the tender into 3 sections and allowing bidders to quote on any or all three sections was to encourage smaller bidders to take part in the process and promote competition. In previous years, this tender was all inclusive and included all locations within the Municipality which provided for a very large contract and may have eliminated some potential bidders. Due to the lack of response from bidders for CL2006-3, staff will be investigating ways to make the tender process for this contract easier for prospective bidders in the hope of increasing competition. To accurately determine the successful bidder for each section we must minus Part 5 Boulevards from each bid as this would be awarded at the discretion of Council and only upon very heavy snow falls as previously mentioned. Part 6 must also be deducted as this also is to be awarded at the discretion of Council. Schedule "A" attached reflects these adjustments. It is further recommended that Option 2 - All Municipal Sidewalks, approved windrows and Municipal Properties not be considered at this time due to the high cost and budget impact. After further review and analysis of the bids submitted by Purchasing and Operations Staff it was mutually agreed that D and F Snow Removal, Bowmanville, Ontario be recommended for the contract for Snow Clearing and Winter Maintenance for Option 1, Section 1, 2 and 3. The prices submitted for each section are firm for the duration of the contract. 1203 REPORT COD-031-06 PAGE 4 Due to the many additions to the contract since 2003, it is difficult to determine an exact price increase. However, based on a comparison of the unit prices it is minimal. The successful bid in 2003 was at a total of $7,504.38 per call out. At the end of the contract, the cost of a one time call out was approximately $9843.00 depending if windrow clearing was needed. This total reflects the addition of 3403 metres to the contract. The low bidder has previously provided satisfactory service for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be directed to the Director of Operations. Schedule A: Bid Summary CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1204 CI![-!l1gton Municipality of Cia ring ton SCHEDULE "A" BID SUMMARY Tender CL2006-3 SNOW CLEARING D & F Snl D & FSnowRemoval Sunnyside Acres Sunnysic;le Acre~ ./UI BowmanviIIe,Otll . SnQW PloWhlg& snowPlowin9.& - 1:1;.... Minus Part5ar'lc;lQ..-. Sandint!ll,;t~... SClndin$ili~t .. .... ...... ..... Bi~(ln~llJdlr'lt!lG~1') N~wca$t!e!()N ...Newc~stl~, < ...i...... al.d.(Ir'lc:'u~lnt!l ; ... f!ljr'l",sP.al'tfi."'r'l(l..~...~. ... <i ... ... GST) .~id(lr'lclu~in~(;Sn .. Option 1 Section 1 $7,525.31 $2,498.00 Section 2 $21 ,961 .75 $4,890.00 Section 3 $9,229.82 $1 ,421 .00 $9,539.05 $6,390.00 TOTAL Option 2 Section 1 $1 7,542.56 Section 2 $35,255.77 Section 3 $14,795.42 TOTAL Dump Truck Rate $60.00 I hr (Tandem) Dump Truck Rate $60.00 I hr (SinQle Axle) Loader Rate $60.00 I hr (1 cubic vard) Loader Rate $80.00 I hr (2.2 cubic vard) Additional Sidewalk Fee $ .05 I m. 1205 C!.fl!.-!l1gtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE . Date: June 19th, 2006 Report #: COD-033-06 File#_ By-law # Subject: RFP2006-7, SUPPLY AND DELIVERY OF ONE (1) ONLY TANKER Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-033-06 be received for information. 2. THAT Eastway Emergency Vehicles, Ottawa, Ontario with a total bid amount of $167,893.62 (including trade-in value, excluding G.S.T.), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP 2006-7, be awarded the contract for the supply and delivery of one only Tanker as required by the Municipality of Clarington Emergency and Fire Services Department; and 3. THAT the required funds in the amount of $167,893.62 be drawn from the 2006 Capital Budget Account #110-28-388-82802-7401, FORTHWITH. Submitted by: ~~ - Reviewed b . d~ Marie Marano, H.B.Sc., C.M.O. ~n Wu, Director of Corporate Services f Chief Administrative Officer $cd~' ~ Nancy Taylor, B.B.A., C.A., Director of Finance ~ ~1Q \tnMM . Gord Weir ' Director of Emergency Services I Fire Chief MM\LAB\LM\GW\Jm 1206 REPORT NO.: COD-033.Q6 PAGE 2 BACKGROUND AND COMMENT A Request for Proposal for the supply and delivery of one (1) only Tanker was,issued and received as per Schedule "An attached. A committee comprised of representatives from Emergency Services, Operations, and the Fire Fighters Local Union reviewed each of the submissions. Upon review of the proposals, the following items were noted: . The low bidder, Fiba Canning Inc., did not submit the required drawings, and must be rejected; . The second bidder, Donway Ford Sales Ltd., does not meet the required delivery date; . The third bidder, Fort Garry Fire Trucks, did not meet the required engine specifications; and . The fourth bidder, Dependable Emergency Vehicles, did not meet the required specification on the front or rear stabilizer, the coolant hoses and batteries; and did not meet the required delivery date. This bidder also provided an alternate bid in which the proper specification forms were not provided. Therefore, the combination of meeting the required specifications and delivery date, positive feedback from references provided, and after further review of the bids by the committee and Purchasing, it was mutually agreed that the bid from Eastway Emergency Vehicles, Ottawa, Ontario in a amount of $167,893.62 be recommended for the contract award to supply and deliver one (1) only Tanker. It is also recommended that the trade-in offered in the amount of $10,000.00 be accepted, as it is staff's opinion that the trade-in exceeds any amount that would be realized at the Regional Auction Sale. The required funds in the amount of $167,893.62 will be drawn from the 2006 Capital Budget Account #110-28-388-82802-7401, and are within the funds allocated. The Director of Finance has reviewed the funding requirement and concurs with the recommendation. Queries with respect to the department needs, specifications, etc., should be referred to the Director of Emergency Services. Although the subject firm has not previously provided service for the Municipality of Clarington, they have provided similar satisfactory service for the City of Gatineau and the Hogansburg Akwesasne Fire Department. Financial references have also been contacted with no concerns identified. 1207 REPORT NO.: COD-033-Q6 PAGE 3 The Request for Proposal was issued and pricing was received based on a 2006 model year vehicle I engine. Due to the impending changes in emission controls for any 2007 model year engines, which will mean significant pricing increases, a FORTHWITH approval is requbsted in order to secure a 2006 model year engine. Schedule "A" Bid Summary CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-4169 1208 Clfll.pn SCHEDULE "A" BID SUMMARY RFP2006-7 SUPPLY & DELIVERY ONE (1 ) ONLY TANKER BIDDER SUBTOTAL Comments (Including Trade-In Value Excluding G.S.T.) Fiba Canning Inc. Rejected Toronto, Ontario Donway Ford Sales Ltd. $161,265.76 * Did not meet required delivery ScarborouQh, Ontario date Fort Garry Fire Trucks $161,902.00 Did not meet the required WinnioeQ, Manitoba enQine soecification Dependable Emergency Vehicles $162,427.00 * International Chassis - did not Brampton, Ontario provide the proper specification forms with submission Dependable Emergency Vehicles $166,455.00 * Freightliner Chassis - did not Brampton, Ontario meet specifications or required deliverv date Eastway Emergency Vehicles $167,893.62 Ottawa, Ontario . Seagrave Fire Apparatus $170,000.00 Carleton Place, Ontario Advanced Engineered Products $206,750.00 Concord, Ontario * Bid amended to include pricinQ for hose/nozzle H:\2006RFPS\RFP2006-7 TankeI\Bid Summary - Revised for LB.DOC 1209 .~ . Cl!Jl.pn ~I REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19, 2006 Report #: COD-034-06 File#_ By-law # Subject: Tender CL2006-25, Driveway Paving Recommendations: It is respectfully recommended that the General Purpose and AdministraUon Committee recommend to Council the following: 1. THAT Report COD-034-06 be received; 2. THAT Melrose Paving Company Ltd., Etobicoke, Ontario, with a total bid amount of $83,680.00 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2006-25, be awarded the contract for Driveway Paving; and 3. THAT the funds expended be provided from the 2006 Operations and Engineering Budgets. Submitted by: ~ arie Marano, H.B.Sc., C.M.O. Director of Corporate Services ~~ 4YCfh n · Nancy Taylor, B.B.A., C.A., ~ Direct r of Finance . A~IlI2~ ,.~ Reviewed byf-/ '\...)'-" l...1.... Franklin Wu, Chief Administrative Officer . -,.-~.. .' A.S. Cannella, C.E.T. Director of Engineering Services MM/LABIlm/km 1210 REPORT NO.: COD-034-06 PAGE 2 . BACKGROUND AND COMMENT Tenders were publicly advertised and called for Driveway Paving, as required by the Operations and Engineering Departments. Subsequently, tenders were received and tabulated as follows: ." '}811f'." ,,-, ,,",. Melrose Paving Co. Ltd. Toronto, ON Trison Contracting Inc. Port Per ,ON $83,680.00 $92,800.00 The Operations Department requires approximately 3,200 square metres of driveway paving, which includes a small portion for the Engineering Department for the Sommerville I Mill Pond Bridge. For the information of Council, the unit prices per square metre represent an approximate 15% increase over those bid, for 2005. After further review and analysis of the tender by Operations and Purchasing, it was mutually agreed that Melrose Paving Company Ltd., Toronto, Ontario, be recommended for the contract for Driveway Paving, as required by the Operations and Engineering Departments. The total funds required for Tender CL2006-25 Driveway Paving, are included in various accounts within the 2006 Operations and Engineering Budgets. 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. The recommended bidder was awarded this contract in 2005 and provided satisfactory service. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1211 Cl!J!.mgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19th, 2006 Report #: COD-035-06 File #_ By-law # Subject: CL2006-24, Sidewalk Rehabilitation, Various Locations and Sidewalk Construction, Highway #2 and Green Road Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-035-06be received; 2. THAT Aloia Bros. Concrete Contractors Ltd., Toronto, Ontario with a total bid in the amount of $256,544.25 (Plus GST), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-24, be awarded the contract for the Sidewalk Rehabilitation, Various locations and Sidewalk Construction, Highway #2 and Green Road as required by the Engineering Department; 3. THAT funds required in the amount of $340,252.91 ($256,544.25 tender plus contingencies, consulting and utility relocations) be drawn from Engineering 2006 Capital Budget Account # 110-32-331-83215-7401 ($200,000.00), 110-32-331-83278-7401 ($62,709.36) and 110-32- 331-83276-7401 ($77,543.55); and 4. Reviewed bY:() ~-S.. ~ Franklin Wu, Chief Administrative Officer A . Cannella, C.E.T. Director of Engineering Services MM\NT\AC\LAB\km 1212 REPORT NO.: COD-035-06 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Sidewalk Rehabilitation, Various locations and Sidewalk Construction, Highway #2 and Green Road, as required by the Engineering Department and is shown on the attached maps marked Schedule "C". Tenders were advertised in local papers, as well electronically. Subsequently, tenders were received and tabulated as per Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is as detailed in the memo from Engineering Services and the letter from Totten Sims Hubicki Associates, marked Schedule "B" and will be provided from the 2006 Capital Budget Account #'s: 110-32-331-83215- 7401 ($200,000.00), 110-32-331-83278-7401 ($62,709.36) and 110-32-331-83276-7401 ($77,543.55) and are within the total approved budget allocation of $350,000.00. The low bidder has previously performed satisfactory work for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Aloia Bros. Concrete Contractors Ltd., Toronto, Ontario, be recommended for the contract for the Sidewalk Rehabilitation, Various locations and Sidewalk Construction, Highway #2 and Green Road. Schedule A: By-law Schedule B: Memo Schedule C: Sidewalk Replacement Locations CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANYILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1213 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to authorize a. contract between the Corporation of the Municipality of Clarington and Aloia Bros. Concrete Contractors Ltd., Toronto, Ontario, to enter into agreement for the Sidewalk Rehabilitation, Various locations and Sidewalk Construction, Highway #2 and Green Road. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Aloia Bros. Concrete Contractors Ltd., Toronto, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2006. By-law read a third time and finally passed this day of ,2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1214 ,/ Schedule "B" CJ.fJ!.-!lJgton MEMO TO: FROM: Louann Birkett, Purchasing Manager Bruno Bianco, Design Engineer DATE: June 12, 2006 SUBJECT: HIGHWAY # 2 AND GREEN ROAD SIDEWALK & 2006 REHABILITATION - VARIOUS LOCATIONS CONTRACT CL2006-24. The Engineering Services Department has reviewed the recommendation provided by TSH and offers the following comments. We concur with the recommendation to award the contract to Aloia Bros. Concrete Contactors Ltd. in the amount of $256,544.25 exclusive of G.S. T. for . the 2006 Rehabilitation of Various Locations, Highway #2, and Green Rd. budget project. In addition to this, we have included two further sidewalk locations through separate construction projects. The intersection of Baseline Rd. and Liberty St. due to accessibility urgencies as well as the asphalt sidewalk on Argyle St. included in the Pavement Management Tender for economic purposes. As recommended, we have carried a contingency amount of 15% where possible to address interest from impacted residents. Therefore, including design and tender fees as well as contract administration fees and utility relocations, the engineering department advises the following breakdown for the above referenced project; 1215 ,- SECTION" B" SiCe'1v8!k ..:;, ..>: :,.;06-24 ,~ c.. .Jure 12. 2006 Sidewalk Highway 2 Sidewalk Green Rd Sid3walk Total Rehabilitation - Construction Construction Various Location Account 11032331 83215 11032331 83278 11032331 83276 7401 7401 7401 Total $ 200 000.00 $62 709.36 $77 543.55 $340252.91 Project Amount Budget $200000.00 $70 000.00 $80000.00 $350 000.00 Amount Estimated $0.00 $7 290.64 $2456.45 $9747.09 Budget Surplus We recommend the report to Council be moved forward based on the above apportionments. Attached for your files is the recommendatiOn provided by TSH. Should you have any further question, please feel free to contact the undersigned. Regards, Bruno M. Bianco, P. Eng. Design Engineer Attachment cc William McCrae, P. Eng., Totten Sims Hubicki Nancy Taylor, Director of Finance ~- '!-: C 't;S _ M8nc:;2,:;:)6. Hwy2. Green .SldewC'lIK _ Contract CL 2006.24. 68.sc. toLouanl1Birkett CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 1216 ...... .,~ .. TIH SECTION "B" Totten Sims Hubicki Associates 513 Division Street, Cobourg, Ontario. Canada K9A 5G6 (905) 372-2121 Fax: (905) 372-3621 E-mail: cobourg@tsh.ca www.tsh.ca engineers architects planners :,TT;::mnrJ MUNICll'lAllTY OF rn ~:;)ts & FHa . CLAR.jNGTC~J 'c.:-~-.... I -- , '~:"':'!:i~''''1'\ I L'j~'';;;:'~ '::1:::1 J r----2.:..~.:;..';::. r::~;:-::~.7':;:;:~'::--;-! ..'-......---- G.' ..."........ I I Mr. A. S. Cannella, C.E.T. ,~~P.~~:'f !~___ i JU~J 1 . 20 a It\. !!. -.;n. r ";~.'. f' .,,;> ~.--'i Director, of Engineerin.g .Se~ices L. .-_____1-. I -~Y-l~~~_:l~.J-j Corporation of the MunicipalIty ofClanJ:lgwn.... '. ,-,::"'---:"'-.--_;__1 i... .... ,.~Q 17r\'i':io\'::;:~:~:~ cr.i:VI":::S ' la",' 'r,cr~.'r""'A"':-' J J 40 Temperance Street .-............---__._. '- '...., :_.~, '" ,.' ......, v.... ,i ,," ",'J:"- 'w." \""_ , , i I ;:C?;".:;'/,:';;3H l-';~,-:-- I' BOWMANVILLE, Ontano. LIC 3A~".... "".,-,.-. ~~__ -L::'G. ~ ~<o..:.\':':~~;:;~'; 3: June 8, 2006 Dear Mr. Cannella: J i Highway #2 and Green Road1Sidewalk 2006 Sidewalk Rehabilitation ~vai;ous Locations Contract CL2006-24, Municipality of Clarington Re: Tenders for the above project were opened at the Municipal Offices on Thursday June 1,2006 at 2:00 p.m. A list of the bids received is provided in the table below. All numbers are exclusive ofOST. BIDDER TOTAL BID (PLUS GST) Aloia Bros. Concrete Contractors Ltd. 256,544.25 Toronto, ON 614128 Ontario Ltd. 291,654.85 olc Trisan Construction Schomberg, ON Miwel Construction Limited $317,062.44 · Stouffville, ON · Amended total - extension error. The low bidder's tender has been checked and is in order. Aloia Bros. Concrete Contractors Ltd. has previously undertaken projects for the Municipality of Clarington, most recently Contract CL2oo3-16 which was for sidewalk construction in Enniskillen. The work was perfonned to an acceptable standard although restoration work was slow at times resulting in complaints from residents. Eventually all items were addressed to our satisfaction. We have checked references provided by Aloia Bros. and all indicated that they perfonned to an acceptable standard. Project costs based on Aloia's low bid are shown on the attached Cost Apportionment. All components of the project are projected to be within budget. The estimated total project cost is $350,000 of which $150,000 is allocated for Highway 2 and Green Road and $200,000 for other various locations. As requested, $10,350 has been included for the Liberty & Baseline Road Accessibility Resolution and $6,588.40 for Argyle Street Sidewalk Restoration. 1217 Mr. A.S. Cannella June 8, 2006 SECTION" B" 2 In the past the sidewalk contract has drawn considerable interest from impacted residents who have requested that additional work be done to tie their driveways and lawns into the new or reconstructed . sidewalk. In order to allow flexibility in this regard we have included a higher than nonnal contingency allowance so that Municipal staff can address these issues as they arise. We recommend that the tender in the amount of $256,544.25 (exclusive ofG.S.T.) be awarded to Aloia Bros. Concrete Contractors of Toronto, Ontario Should you have any questions regarding this matter, please contact the undersigned. Yours Truly, tj/~/J1~ William McCrae, P .Eng. 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J I .- C!fJ!iogton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19, 2006 Report #: COD-036-06 File # By-law # Subject: CO-OPERATIVE TENDER T280-2006, THE SUPPLY OF SODIUM CHLORIDE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-036-06 be received; 2. THAT the Canadian Salt Co., Ltd., Mississauga, Ontario, with a total unit price of $58.99 per tonne for year one, and $61.34 per tonne for year two, being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender T280- 2006, be awarded the contract to supply Bulk Sodium Chloride to the Municipality of Clarington, as required by the Department of Operations; 3. THAT the contract be entered into for a two year period, and pending satisfactory service, pricing and agreement by the Durham Purchasing Co-operative, the contract be extended for a third and fourth year; 4. THAT the funds be drawn from the Operations approved Winter Maintenance Accounts for the respective years winter season requirements. Submitted by: Reviewed by: anklin Wu, f Chief Administrative Officer MM*LAB*LM*lm 1222 REPORT NO.: COD-036-06 PAGE 2 BACKGROUND AND COMMENT Tenders were called on a co-operative basis by the Region of Durham, which ;ncluded the Sodium Chloride requirements of the Municipality of Clarington. One tender was received and tabulated for approximately 10,000 tonnes of Sodium Chloride, as required by the Municipality of Clarington, as per Schedule "A" attached. For the information of Council, two other bidders provided no bids identifying their reason for not bidding was due to the fact they did not have the inventory available to meet the demands of this contract. After review and analysis of the bid by Purchasing and Operations staff, it was mutually agreed that the low bidder, Canadian Salt Co. Ltd., Mississauga, Ontario, be recommended for the contract to supply Sodium Chloride to the Municipality of Clarington. The required funds will be drawn from the respective years winter season requirements. 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. The prices submitted for 2006 by the Canadian Salt Co., Ltd. reflect an approximate 19% increase over the 2003 prices submitted . The Canadian Salt Co. Ltd. have provided .satisfactory service to the Municipality of Clarington. Schedule UA" Bid Summary CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330 1223 Schedule "A" CllJlil1gton BID SUMMARY CO-OPERATIVE TENDER T280-2006 SUPPLY OF SODIUM CHLORIDE The Canadian Salt Co. Mississauga, Ontario $58.99 Year 1 $61.34 Year 2 1224 ClwJllgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19th, 2006 Report #: COD-037 -06 File #_ By-law # Subject: CL2006-13, Baldwin Street and Church Street Reconstruction, Newcastle Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-037-06 be received; 2. THAT Hard-Co Construction Ltd, Whitby, Ontario with a total bid in the amount of $3,187,783.00 (Plus GST), being the lowest responsible bidder meeting all tenns, conditions, and specifications of Tender CL2006-13, be awarded the contract for the Baldwin Street and Church Street Reconstruction, Newcastle, Ontario as required by the Engineering Department; 3. THAT funds required in the amount of $897,421.80 ($3,187,783.00 tender plus contingencies, consulting and less Region of Durham Portion) be drawn from Engineering 2006 Capital Budget Accounts # 110-32-83264-7401 (650,000.00) and 110- 32-331-83290-7401 ($247,421.80) and as carried over from 2005 and 2006; 4. THAT the tender award be subject to the approval of the Regional Municipality of Durham for their portion of the work; and 5. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the nec ssary agreement be approved. Reviewed by: Submitted by: anklin Wu, ;(r' Chief Administrative Officer A. . Cannella, C.E.T. Director of Engineering Services MM\NT\AC\LAB\km 1225 REPORT NO.: COO-037-06 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for U,e Baldwin Street and Church Street Reconstruction, Newcastle, Ontario, as required by the Engineering Department and is shown on the maps below. NE~T-LE ~ [lB)m~ .~. I~~m l:]~OO BaldwIn St. Reconstruction (2006) HIgtIMy No. <<11 ,. .../ /' 1226 REPORT NO.: COD-037-06 PAGE 3 Tenders were advertised in local papers, as well electronically. Subsequently, tenders were received and tabulated as per Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is as detailed in the memo from Engineering Services and the letter from Totten Sims Hubicki Associates, marked Schedule "B" and will be provided from the 2006 Capital Budget Account # 110-32-331- 83264-7401 ($650,000.00) and 110-32-331-83290-7401 ($247.421.80) and as carried over from 2005 and 2006 and are within the total approved budget allocation of $910,000.00. The approved budget includes $260,000.00 approved by Council as per Engineering report # EGD- 22-06 copy of which is attached marked Schedule "C", A portion of the work included with this tender is for works for the Region of Durham for which they will be invoiced accordingly. It is therefore recommended that the contract award be subject to the approval of the Region of Durham. The low bidder has previously performed satisfactory work for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Hard-Co Construction Ltd, Whitby, Ontario, be recommended for the contract for the Baldwin Street and Church Street Reconstruction, Newcastle, Ontario. Schedule "A" By-law Schedule "B" Memo Schedule "C" Report EGD-22-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVlllE, ONTARIO l1C 3A6 T(905)623-3379 F (905)623-4169 1227 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-LAW 2006- Being a By-law to authorize a. contract between the Corporation of the Municipality of Clarington and Hard-Co Construction Ltd, Whitby, Ontario, to enter into agreement for the Baldwin Street and Church Street Reconstruction, Newcastle, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Hard-Co Construction Ltd, Whitby, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule itA" form part of this By-law. By-law read a first and second time this day of ,2006. By-law read a third time and finally passed this day of ,2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1228 .' ~ ClfJ!illgton . SCHEDULE "SN MEMO, TO: FROM: Louann Birkett, Purchasing Manager Bruno Bianco, P. Eng., Design Engineer DATE: June 12, 2006 SUBJECT: BALDWIN ST. & CHURCH ST. RECONSTRUCTION NEWCASTLE, CON 1 PT LOT 281 29 CL2006-13 The Engineering Services Department has reviewed the recOmmendation provided by TSH and offers the following comments. We concur with the recommendation to award the contract to Hard-Co Construction Ltd. in the amount of $3,'187,783.00 exclusive of G.S.T. for the Baldwin St. and Church St. road reconstruction budget projects for Municipal and Regional infrastructures. Due to current knowledge of the site, a contingency amount of 10% is carried forward for each project where possible. Therefore, including design and tender fees as well as contract administration fees, geotechnical investigation, and utility relocations, the engineering department advises the following. Municipal breakdown for the above referenced project; Baldwin St. Church St. Reconstruction Total Reconstruction Account 11032331 83264 7401 11032331832907401 Total Project $650 000.00 $247 421.80 $897421.80 Amount Budget Amount $650000.00 {$10 000.00 Budget Amount} $910.Q00.00 $260000.00 Revised Budget Amount (Move Ontario f Estimated $0.00 $12578.20 $12 578.20 Budaet Surplus 1229 SCHt:DULt --as-- ~ JUri": 12, :.(H)6 ('"(\,,: .( '.)" L.t 28 29 C:.L. 2006..12) We recommend the report to Council move forward based on the above apportionments, however the award be conditional on similar approval from the Region of Durham for regional infrastructure. Attached for your files is the recommendation provided by TSH. Should you have any further question, please feel free to contact the undersigned. Regards, .~~~ Bruno M. Bianco, P. Eng. Design Engineer Attachment cc William McCrae, P. Eng., Totten Sims Hubicki Nancy Taylor, Director of Finance . ;" .. <.:;,r:',.,,::>:it; .;:,;\;.OoiVINCr-i '::~.,..~;on. ~JeV'lc.Con 1.PtLt.2S.29.CLZQC6.13.Be.sC.tOLouannblrketf CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 1230 ...-... ,,- II 11M SCHEDULE "8" Totten Sims Hubicki Associates 513 Division Street. Cobourg. Ontario. Canada K9A 5G6 (905) 372-2121 Fax: (905) 372-3621 E-mail: cobourg@tsh.ca www.tsh.ca engineers architects planners ~ '~; I 14IJ':.,:!r:r;:~,~'j '"":"\, ,"r- ._ .. 1\. ....... ",I.. 1.''' . .... , _'" June 8, 2006 r':-,;~~3-,-~~~~;zr~t~'~~,~ ; ......,~--_.~.._----j JVN I 2 2006 L~J:fJ', :",r~;;; I Mr. A.S~ Cannella, C.E.T. ~"'~---'J__J-,~ i we'::, ....... Director of Engineering ServicesF;;:~G -1-w"I~'-""""" ", ".",. " Co C t. fth M " a1'i-.?-~r'i"'1:-->im'c--i ::'m: .t~::::;;d~G SERVICES, orpora Ion 0 . e UDIClp IrJ 0 ~lann6Lv" . I iJ[}'/,:iT:W:;'JT , 40 Temperance Street !":~~':~':;:~.~~"-'_~' Flfa: BOWMANVILLE, Ontario. ~rel'j~tf Dear Mr. Cannella: Re: Contract No. CL2006-13 Baldwin and Cbureb Street Reconstruction Newcastle, Municipality of Clarington TSH Project No. 12-29480 Tenders for the above project were opened at the Municipal offices on Friday June 2,2006 at 2:15:00 PM. The bids received excluding GST are summarized as follows: . BIDDER TOTAL BID AMOUNT Hard-Co Construction Ltd. $3,1~7,783.00 Whitby, ON B.N Fenton $3,451,178.50 · Courtice, ON - Ron Robinson Limited $3,726,472.52 Bowmanville, ON Comer Group Limited $3,795,215.50 Concord, ON · Extension Error The low bidder's tender has been reviewed and is in order. Hard-Co Construction has completed several projects for the Municipality ofClarington in recent years including the reconstruction ofWeHington Street in 1999 and Mearns A venue in 2000. Both contracts were completed in a satisfactory manner. They have also carried out projects for other municipalities in the area including the Region of Durham and the Municipality of Port Hope. AH references contacted assessed Hard-Co's perfonnance to be satisfactory. Estimated project costs based on Hard-Co's low bid are shown on the attached Cost Apportionment. The Municipality ofCJarington's share of the project is projected to be on budget, with $650,000 in total having been aUocated for Baldwin Street ($580,000 in 2005 and $70,000 in 2006) and $260,000 budgeted for the Church Street urbanization, 1231 ;" . SCHEDULE "8" Mr. A. S. Cannella C.E.T. June 8, 2006 2 We recommend that the tender in the amount of $3,187,783.00 (exclusive ofG.S.T.) be awarded to Hard- Co Construction Ltd. of Whitby Ontario. The award should be conditional on similar approval being received from the Regional Municipality of Durham as a significant portion of this contract is for the installation of regional services. Deposit cheques or bid bonds shall be retained for the low and second low bids until the Contract has been executed. Should you require any further information, please contact the undersigned. Yours truly, ~~)1Ir~ William McCrae, P. Eng. Senior Project Engineer WMc/cg P:\12-2948O\ComspI21674.doc EncIs. pc: Mr. Bruno Bianco, P .Eng., Municipality of Clarington TlH232 I a.: ~ 9i~~si in III ~li=~~ . i 'iJfUH ~Ii i f~l f fhl1iJ ! . I J . i htrtf tr jI~ii~JinB ~ ~ ! I ! ! ~ ~ B 8 II ~ ill 888 JJJ!p~j: J!f ~ . ~ J . J J 8 8 I 8l f 8 8 8 ~~Ift~~...~ ./'I 8 ... Jil ~ CoO ... 0 ~~~~.~~~ ~ 8 I I ! 888 ~ilJln n J ~. ~ ~ I I 881 .: II 8 8 BI~jn n J!f J ~ ~ I I 8 8 g 188 ...PP...n ... I .... ! I~.;~; ; 8 8 I Ul III 8 8 I If I .8. 31tlCB~ l: .. !! 8 111 . 8 I 8 tit i 8 J ~ 8 tit ~ ~ 8 I: i J i ! Hp n I f I i f"(I,ni i. Ii f f-f' n I i Ii f! f il I f ~! J I r ~ ~ ~J.1 i gl r I' f ., , ~ It d f ! S f IU I 1; :il~ i p J i~~1 Ii e. i 8888; I l: tit il . II !1i ~ a . 2 tit .. CoO lit .. ill ... )j: ~ e tit I!I i ~~~e p e tit tit i l: ~ s:... ~ 1II ~ ~ s ... i !t IM~ J ~ J J .. I ~.' II ~ 8 8 MiS 8 ~ I III fif. I ill' If;' ill ill' . fl9 IIf . In If Iff III . Ii I -t I I j 8l tit .. li! I I !I f. Ii 1233 ~i R~ e~ ~- ~I I' If II g; i' Ii >>t ,. If ) \ ) " ) ~ ... SCHEDULE "C:' a- J!Y1gfOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday. March 27. 2006 Report #: EGD-22-06 File # By-law # Subject: BALDWIN STREET RECONSTRUCTION - NEWCASTLE Recommendation8~ It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: Submitted by: ~n1JL Reviewed by: Franklin Wu. Chief Administrative Officer A.S. Cannella. C.E.T., Director of Engineering Services ASC*bb*jb CORPORATION OF THE MUNICIPALITY OF CLARlNGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3M T(905)623-3379 F (905)623-4169 1234 , . ~ .: . Report #EGD-22'()6 Baldwin Street Reconstruction - Newcastle 'J Page 2 SCHEDULE "C' 1.0 BACKGROUND . 1.1 Baldwin Street is classified as a semi-urban local residential street on the latest Road Needs Study and is included in the road reconstruction budget for 2006 pending Council approval. The Proposed reconstruction will provide for full urbanization. of Baldwin Street from Highway 2 south to Edward Street including stonn sewer installations. The Region of Durham has completed the Class Environmental Assessment process for the North Street Sanitary Sewage Pumping Station. Based on the results of the evaluation, the preferred alternative as indicated on the Regional . . . notice is to 'eliminate the pumping station with a new gravity sanitary sewer'. The J?referred alignment for the new gravity sewer will be 'along existing Church Street. Edward Street, and Baldwin Street' (see attachment #1). ) The Reglon'sinitfal plan was phased construction. Phase 1 included the sanitary sewer installation on Church Street from Edward Street south to the dead end. Future phases would include the remaining sewer installation on Edward Street and Baldwin Street and ultimately decommissioning the pumping station on North Street. The reconstruction of Baldwin Street became a Municipal priority. In doing 80, it has accelerated the Regional forecast to d8CQmmisslon the pumping station and install ~e sanitary sewer in one phase along Church Street. Edward Street. and Baldwin Street 2.0 APPROACH 2.1 To assess suitable reconstruction measures for both Municipal and Regional projects and to obtain local resident input to the design process, a Public Information Centre was held. The public was notified of the meeting by ~ ) newspaper advertisement and through the circulation of notices. 1235 -j ) ) Report #EGD-22~6 Baldwin Street Reconstruction - Newcastle Page 3 SCHEDULE "C' 3.0 INFORMATION CENTRES 3.1 Information Centre. March 7.2008 At the meeting the following documentation and plans were presented for discussion: . 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; . A Tree Assessment Report and a Soils Report was available for reading. In all, approximately eight people attended the meeting and the attendance register and comment sheets are on file within the Engineering SeNas Department and available for review. The design proposals for the work presented were well received with concems expressed about curb depression locations, catchbasln location, sidewalk location, on-street parking and the full urbanization of Church Street. Others were merely In attendance as interested observers or coordination concems with the Santa Clause parade. The majority of concerns with respect to curb depressions, sidewalk locations, and parking are being resolved through the design process. However the concern with resped to the full urbanization of Church Street Is outstanding. 4.0 CHURCH STREET URBANIZATION 4.1 As two separate projects by the Municipality and Region are progressing simultaneously, it is evident that they are and will be viewed as one due to circumstance. The Engineering Department is protecting for the future 1236 . .. . '. . Report #EGD-22.Q8 Baldwin Street Reconstruction - Newcastle ) Page 4 SCHEDULE "C' urbanization of Church Street through the Regional road restoration plans being prepared for the proposed sanitary sewer. The full urbanblion of Church Street is not currently induded in the five-year reconstruction forecast. Several residents expressed concerns with the plan to restore Church Street to Its original road cross section. Preliminary discussions with the Region have outlined the reconstruction responsibility should the Municipality decide to consider the urbanization of Church Street over and above the restoration works proposed by the Region through their contract. The estimated costs for this work is approximately $250,000.00. ''oJ 5.0 DISCUSSION 5. 1 As a result of the Infonnation Centre, detailed design will proceed based on the comments received for the work that is . being proposed by the Municipality and the Region. It is recommended that the opportunity to fully urbanize Church Street from Edward Street southerly to the dead end, be Incorporated into this project and the financing of this project be drawn from the recently announced Move Ontario Infrastructure funding program. This report has been reviewed by the Finance Department and the concur with the recommendations contained herein. . Attachments: . Attachment No. 1 - Site Plan Interested parties to be advised of Council's decision: J (see attached) 1237 GEORGE 5T E GEORGE 5T W w w IIC .... III X .... ~ lV W~E S .... ~ III a: i WILMOT STREET i . . lONG AVENUE I KING AVENUE WEST HARMER DRIVE m- ~ I i c i ~ DRIVE i I I I EO\NARD STREET EAST Di fuYA~11 g BRIDGES DRIVE ! FOS"fER CREE)( CT W ~ m ~ JAMES ST W t; :z:: ~ :;) :z:: ) HART COURT ROBERT ST W SUNSET BOULEVARD , " / " :~ -.. ....-.. .. ,,~.~,. ".--......::.:::~::::.::~.: ,.." .,' --~.:- "'-. " "'M_._. , " ,"".., ..' ClDLil]glon ..........- :-. ....;:....~... Legend - 2006 Municipal Capital Projects .. 2006 Regional Capital Projects .. .. ~ IX: ) l DRAWN BY: E.L. DATE: April 3. 2006 .- ..... ...... REPORT EGD-22-06 ATTACHMENT NO.1 "-'" . .... '.. .' ........ "'.'M 1238 NEWCASTLE .._.. KEY MAP ." .... ....: ~ .. "':':"~: "..- .. . . } Clarington Enetgizing Onf4no SCHEDULE "C" . -';~-'~"'~"-~"-'~'~'"I-~''''''--' -.o___ _ '-"-.-_. _. _ .,.._ " . C, -., f 1>_<:'.,:" :"-';i ....._~..---.... .I . . . ':"--_L~~~:~':..:: _ '.........-.-1 . ... 1 . ...---..----- I 1. 0:) ,.. r; ""\"5 .....; 14. r\ t:. 0 c.L.....!, :~__. , . ._~.~-' -~.....r.~...,...___~~,,~ ( I ..-......-.....--...-! ~ ~ . ..-...-.....-..--, April 19, 2006 ". .._-..--..:~~: .~ j . :' I,.. . , ... .:.- ,.--!, . : t "... .....--~ : i :._--: ! .', ..----~....-------....._M._... , -.-.....-........!..................-.... . ! : Municipality of Clarington Tony Cannella, Director of Engineering Services 40 Temperance Street . Bowmanville, ON L 1 C 3A6 '.:... '.... Dear Mr. Cannella: RE: BALDWIN STREET RECONSTRUCTION. NEWCASTLE OUR FILE NO.: "'7DI</. (-,IY ~ . "-."" At a meeting held on April 18, 2006, the Council of the Municipality of Clarington passed the following resolution #GPA-171-06: "THAT Report EGD-D22-06 be received; THAT Council consider the urbanization of Church Street from Edward Street south to the dead end in conjunction with the Regional project to decommission the North Street Sanitary Sewage Pumping Station and the Baldwin Street reconstruction project; THAT the additional costs of $250,000.00 associated with the urbanization of Church Street be added to the 2006 Capital Budget and financed through the Move Ontario Infrastructure funding program; and THAT all those who attended the Public Information Centre and who have contacted the Municipality be informed of this report. n 60 r'\C. Anne Gree Deputy Clerk CAG*d ,.A.M.C.T. '..J cc: Anna Klare Dave Rickard Roy Poole Murray Paterson Debi McManus Martha Hendrikx Doreen McNevin Nancy Taylor, Director of Finance CORPORATION OF THE MUNICIPALITY OF CL~~~'AGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO l1t'~ ~4A .. 101\8:\ ...... ....__ LI!Jl-!lJ-gtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19,2006 Report #: COD-038-06 File#_ By-law # Subject: TENDER CL2006-31, TEMPERANCE STREET AND LOWE STREET RECONSTRUCTION, BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-038-06 be received; 2. THAT Miwel Construction Ltd., Stouffville, Ontario with a total bid in the amount of $475,422.06 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-31, be awarded the contract for the Temperance Street and Lowe Street Reconstruction, Bowmanville, as required by the Engineering Department; 3. THAT the total funds required in the amount of $360,000.00 ($475,422.06 tender plus consulting, contingencies, utilities and less Region of Durham portion) be provided from the 2006 Engineer Services capital budget Account # 110-32-330-83295-7401; 4. That the award be subject to the approval of the Region of Durham for their portion of the contract works; and 5. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: ~~fi/ Reviewedb>=J...... RQ ~ -- arie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer fi ()(au' A1r/oA b\. Nancy Taylor, B.BA, C.A., D7teli::J2 it ~. A.S. Cannella, C.E.T. Director of Engineering Services MM\LAB\NT\AC\km 1240 REPORT NO.: COD-03B-06 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Temperance Street and Lowe Street, Reconstruction, Bowmanville, as required by the Engineering Department, and as shown on the map below. Lowe StlTemperance St Reconstruction (2006) Subsequently, tenders were advertised and received as per Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is as detailed in the memo from Engineering Services and the letter from Totten Sims Hubicki Associates, marked Schedule "B" and will be provided from the 2006 Engineering Services capital Budget account # 110-32-330-83295-7401 and is within the total budget allocation of $360,000.00. The tender amount includes work for the Regional Durham for which they will be invoiced accordingly. It is, therefore recommended that the award be subject to the approval of the Region of Durham for their portion of the contract works. The low bidder has previously performed similar satisfactory work for the Municipality of Clarington. 1241 REPORT NO.: COD-038-06 PAGE 3 The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Miwel Construction Ltd., Stouffville, Ontario, be recommended for the contract of Temperance Street and Lowe Street Bowmanville, Reconstruction. Schedule A: Schedule B: By-law Memo CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-4169 1242 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Miwel Construction Ltd., Stouffville, Ontario, to enter into agreement for the Temperance Street And Lowe Street, Bowmanville, Reconstruction. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between, Miwel Construction Ltd., Stouffville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2006. By-law read a third time and finally passed this day of ,2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1243 SCHEDULE "8" Q![#]glOn MEMO TO: Louann Birkett, Purchasing Manager, FROM: Bruno Bianco, P. Eng., DATE: June 12, 2006 SUBJECT: TEMPERANCE ST. & LOWE ST. RECONSTRUCTION BOWMANVILLE, CON 1 PT LOT 11,12 CL2006-31 RC.32.08 The Engineering Services Department has reviewed the recommendation provided by TSH and offers the following comments. We concur with the recommendation to award the contract to Miwel Construction Ltd. in the amount of $475,422.06 exclusive of G.S.T. for the Temperance Stand Lowe St. road reconstruction budget project for Municipal and Regional infrastructures. Due to current knowledge of the site, a contingency amount of approximately 10% is carried forward for the project. Therefore, including design and tender fees as well as contract administration fees and utility relocations, the engineering department advises the following Municipal breakdown for the above referenced project; Temperance & Lowe St. Reconstruction Account 11032331 832957401 Total Project $360000.00 Amount Budget Amount $360000.00 Estimated $0.00 Budget Surplus . 1244 . ~ ~_, ;YI/ (: .'_':;: I SCHEDULE "B" , / ~:-:: !.._2 006~.31 .-, r::" June 12. 2006 We recommend the report to Council move forward based on the above apportionments, however the award be conditional on similar approval from the Region of Durham for Regional infrastructure. Attached for your files is the recommendation provided by TSH. Should you have any further question, please feel free to contact the undersigned. Regards, Bruno M. Bianco, P. Eng. Design Engineer BB/sc Attachment cc William McCrae, P. Eng., Totten Sims Hubicki Nancy Taylor, Director of Finance r'h:.;rr2UOELJune12.06.TernperanceLowe.ReconCon1.PLLt.1'1.12.CL2006.31.SB.sc.toLBirkett CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARlO L 1C 3A6 T(905)623-3379 1245 . TIH SCHEDULE "8" Totten Sims Hubicki Associates 513 Division Street, Cobourg, Ontario, Canada K9A 5G6 (905) 372-2121 Fax: (905) 372-3621 E-mail: cobourg@tsh.ca www.tsh.ca engineers architects planners Mr. A. S. €annella, C.E.T. Director of Engineering Services Corporation of the Municipality ofClarington 40 Temperance Street BOWMANVILLE, Ontario. L1 C 3A6 . ~-~-r;,-C-d_"_~ COpy ... June 8, 2006 , "; ~.: ;'<~C5 .. - ~~'..:.~~..~., ~.; ..._..H.'T......,_....,._..._,~.,....._._,...: ,.",;:. .;~'. ...., "... ..: . .......~.. -,._~...-..-.,,-( ....,'~..,...... : /.'.:.:; l'f"':::' ,"i.~", ~~...,.:~..\'1',.~:~.~~..:...:~.:;:j,.~~..(-~...~1' : '.. .,t " \. ~,'" \..., " ,...._ \. ~'. ;:::.~.~::~.:~:...~Jj.:;i:.:.~.-=---~_.::C~ , '-~", '." '':: '_~.."".,,';:t:...~..,..-">~ . .........,.;....,. lot " '" . '., .L..c:.); Dear Mr. Cannella: Re: Temperance Street & Lowe Street RecoriSiruction, IJOwmanv e Contract CL2006-31 Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Wednesday, June 7, 2006 at 2:15 p.m. A list of the bids received is provided in the table below. All numbers are exclusive ofOST. BIDDER TOTAL BID AMOUNT Miwel Construction Ltd. $475,422.06 Stouffville, ON Cobourg Development Services Ltd. $490,832.95 Cobourg, ON Ron Robinson Limited $497,685.43 Bowmanville, ON B.N Fenton $560,661.00 Courtice, ON The low bidder's tender has been reviewed and is in order. Miwel Construction Ltd. has previously undertaken several reconstruction projects for Clarington including Trolls Road, Courtice in 2002 and most recently, Station Street, Orono in 2005. Both contracts were completed in a satisfactory manner. They have also completed work for the other local municipalities including the Region of Durham. References contacted assessed Miwel Construction Limited's performance to be satisfactory. Project costs based on Miwel's low bid are as shown on the attached Cost Apportionment. The estimated total project cost including a contingency allowance is within the municipal budget allocation of $360,000. 1246 Mr. A.S. Cannella, C.E.T. June 8, 2006 2 SCHEDULE "B" Given the past performance of the contractor it is recommended that the tender in the amount of $475,422.06 (exclusive ofG.S.T.) be awarded to Miwel Construction Ltd. ofStouffville, ON. Deposit cheques or bid bonds should be retained for the low and second low bids until the Contract has been executed. Should you require any further information, please contact the undersigned. Yours truly, ~~'J1f/~ William McCrae, P.Eng. Senior Project Engineer WM/cs P/29479/Corresp/21676.doc Encl. pc: Mr. Bruno Bianco, P.Eng., Design Engineer 1(It7 :! .:; e II E E :t II 0 -Em :I . C e ...0 0;:1 e U .2 .s aa. II e ~8 .s~ aa.. .~ ! uti) ...11 o U a-e ._ I! - CD aa. .- E ,g CD e.... :loa :Ie II I o ..s ~~ o'<t NO> _N lXl' oN ~; ~~ '[ 0.. :J: l/) I- C Gl E c: o :e.... 8.~ ~o 1ii~ 80 't:lU ail!! ~~ ....10 J!l C II E E o (J E III of ::I C '0 c: o :t It: 'tI C WI 1'1 II ... U ; i II C l/)-! ~::I ~8: i-C l/) II III II C ~ .- 1'1 1'1 C E-! I ::I ~ 8: -c It) 3 ~ C..lXl l!1I0.... 11111')0 a. b I') '<t ECI)N..... ..J I') ~ ~ .... C gill i! II 'C ~ 1'1 (3 j {:. C o a 'C u II II C ~ ~ o :g I') 0> ~ ~ I') 8 :g I') 0> ~ .. II ~ ::I Z .. C :I o U u 0( co '<t ~ It) M o .... ~ 't:l .S:! I!! e 0.. ..... I') N ..... a:i N 0> 0 I') Cl ; ::; ffi .... It) ~ 0> ~ N .... It) 0 It) co lXl '<t ~ ~ ~ lXl '<t I') 00 Ili . lXl N ~ ;:t; ~ .... .... 0> ~ ~ ~ N .... ..... o f'? It) co M N N ~ .... lXl CD CD f'? l8 :5 .... ~ m~(1; ~~ ~ l::i!i ~~ COlt) MM l:::l~ tit ~ :8 ~ ~ .0 a:i N CD ..... N CD I') '<t 00 oj Ili N .... ..... ;.; ~ ~ <(lOOC t:: t:: t:: t:: co co co co 0.. 0.. 0.. 0.. SCHEDULE "8" ~ .l!l '2 III en ... .e ! ~ .S:! III ... c: ~.2 51 Xl i~ .!:! 'm gE't:l .5 .e Q) gcoiii .- ~ E fir 't:l ., o::ffiiYl N 0 0> 0 c:i c:i lXl 0 0> 0 Ili .... ~ ;.; j j j co co co E E E :z:::; = ;: en III en W W W j co E 1ii w 8 :8 ~ 8 8 8 g ~ ~ g g g CD .... 0 0 0 ~m;t~~ M ~ ~ tit I') 0 N 0 c:i c:i 0> 0 Cl 0 Ili '<t ~M o CD N o CO (W) g ~ ~ 'i~ ..... tit 888 ~ ~ ~ :f ~ N 'P' ..... ~, tit ~ ~ 8 ~ ~ 00 It) N N ... tit 8 888 ~ :g ~ ~ ~ ~ ~ ~ Ili 0 Ili 0 fli M ~ ~ tit :t ~ ~ tit 888 i ~ it o 0 ~ ~ ... tit ~ 8 ai g Pi 0 o 0 :t l:sl 8 888 ~ ~ c:i g g g ~ 18 ~~~~Ili~ ~~tIt:ti~ 888 52 g g is 0 0 ,..: 0 ,...: ! i t1 to) Gl 10 l:Il en c ~ 'C N II 'P' ~ ... ~ i c e o a. 1I ;:l X ! ~ ~ (.) !~g 6i~ i I ~ 8N~ '~:g:g e' 0 g l-ll ~ ,...: i 8 0 ~ ~ 1I a. i ~ ~ li:i5~c ]:>l.Lll%l"i 0' ..uj .a:lco-E.... 00 II; II' Ea.:!: ~ a. l:IlC). ::I . 0 ~..... li E 11 ~ 'g ~ <l ~I ~ 6 1I ~ 5! II g ~ ~ iI ~&! ~ t;! ~ ~ Ii! ~ -8 Gl ~ ~ g, ~ i ~ ";" 'i ~ ,& ~ ~ I xii 'E c II .a,g c.s 'tI II 8 ~t!~85 ~~8~i~< ~ 1248 CI![pn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19, 2006 Report #: COD-039-06 File#_ By-law # Subject: CL2006-33 Asphalt Resurfacing, Various Streets Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-039-06 be received; 2. THAT Harnden & King Construction Inc., Ajax, Ontario with a total bid in the amount of $668,049.57 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-33, be awarded the contract for the Asphalt Resurfacing, Various Locations, as required by the Engineering Department; 3. THAT the total funds required in the amount of $788,700.00 ($668,049.57 tender plus contingencies, consulting and soils) be drawn from Engineering 2006 Account #110-32-330-83212-7401; 4. THAT the remaining funds in the amount of $98,000.00 be re-allocated as an addition to the second pavement contract to be tendered in the coming months; and 5. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 1249 REPORT NO.: COD-039-06 PAGE 2 Submitted by: a~ Marie Marano, H.B.Sc., C.M.O. Directo of Corporate Services A.S. Cannella, C.E.T. Director of Engineering Services MM/NT/ASC/LAB/km Reviewed bY:~~ Franklin Wu, ~ Chief Administrative Officer 1250 REPORT NO.: COD-039-06 PAGE 3 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Asphalt Resurfacing, Various Streets, as required by the Engineering Department. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is detailed in the letter from Totten Sims Hubicki Associates, marked Schedule "B" and will be provided from the 2006 Capital Account #110-32-331-83212-7401 for Asphalt Resurfacing, Various Streets from which there is $886,700.00 available. It is recommended that the remaining funds for this project, in the amount of $98,000.00 be re-allocated as an addition to the second pavement contract to be tendered in the coming months. The low bidder has previously performed satisfactory work for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Harnden & King Construction Inc., Ajax, Ontario, be recommended for the contract for the Asphalt Resurfacing, Various Streets. Schedule A: By-law Schedule B: Memo CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1251 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Harnden & King Construction Inc., Ajax, Ontario, to enter into agreement for the Asphalt Resurfacing, Various Streets THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Harnden & King Construction Inc., Ajax, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2006. By-law read a third time and finally passed this day of ,2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1252 SCHEDULE "B" Q!1[mgron MEMO TO: Louann Birkett, Purchasing Manager FROM: Bruno Bianco, P. Eng., Design Engineer DATE: June 12,2006 SUBJECT: ASPHALT RESURFACING - CONTRACT 1 VARIOUS STREETS - 2006 CL2006-33 T -05.22 The Engineering Services Department has reviewed the recommendation . provided by TSH and offers the following comments. We concur with the recommendation to award the contract to Harnden & King Construction Inc. in the amount of $668,049.57 exclusive of G.S.T. for the Asphalt Resurfacing (Contract 1) project for 2006. A contingency amount of approximately 6.5% is carried forward for the project. . Therefore, including design and tender fees as well as contract administration fees, the engineering department advises the following Municipal breakdown for the above referenced project; Asphalt Resurfacing Contract 1 Account 11032331 832127401 Total Project $788 700.00 Amount Budget Amount $886 700.00 Estimated $98 000.00 Budget Surplus To be carried forward to Contract 2 1253 SCHEDULE "B" C. L ~?C:j06-33 2 June 12. 2006 We recommend the report to Council move forward based on the above apportionments. Attached for your files is the recommendation provided by TSH. Should you have any further question, please feel free to contact the undersigned. Regards, Bruno M. Bianco, P. Eng. Design Engineer BB/sc Attachment cc William McCrae, P. Eng., Totten Sims Hubicki Nancy Taylor, Director of Finance p,!1en-os2C06,j UriC 12 06,L\sphaItResurf CONTRACT1. Var. Streets. C L2006. 33. BB. SC. tal. Birkett CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 1254 Totten Sims Hubicki Associates ,,_,_,~,"__=~___'_'mp_-~=~~ Divi~~~:.._~ .1 I ~:::j,,:-;'_:~"" :.;: CObou~g; Oatano, C~nad. K9A 5G6 .,."........,-.; Il,.j"': ,,:.: (905) 372.212'r.,~-,'Flb(,~~5) 372-3621 , ' "" . .., E-~ail:CClboutg@ts~.ca; www.tsh.ca -,.. ". "'''' ....- "'l-~-"" '_':'~:~:"- :'~,::.:__.._. ''''f' i:':~ .. . . -. "....._"~.. '~'1 :,..~':,.,..__..M.__..-: 11 r,' '1 ,,~nn ; ~.,'/:: '..:' ':l;l~ :!;,:;,T'-'j .J 1...i.......! i... "'...~.6 :..............._....._,,--~-~ ~~:.9~:::u.,C~.T. ... .~,:==;~l~~iiJnl;;~:\~,':;~~';:;c y Director of Engineering Services r......,,,.~..~__.!_.~~_~.__~___. p' Corporation of the Municipality of <;furitigtOA: 40 Temperance Street, ~ BOWMANVll..LE, Ontario L 1 C 3{\6 ! I ( II lilt SCHEDULE "B" engineers architects. planners Dear Mr. Cannella: Re: Contract No. CL2006-33, Asphalt Resurfacing, Various Streets 2006 Municipality of Clarington Tenders for the above project were recieved at the Municipal Offices on Thursday June 8, 2006 at 2:00:00 p.m. local time. The bids received, exclusive of GST, are summarized as follows: -', '" -., / :.';:,;L]~.Ji,':<.,:': '~~~::.~ ::-.:;" '.. ""l' '.!i'.~l-; "."'1 ~ , -. I '7 _' . - -' _ '- . _ _ ~__.n_._.'_~' _ _ _ _ _"_ Harnden & King Construction Inc. Miller Paving Limited Whitby, ON $668,049.57 $732,902.90 The low bidder's submitted tender has been reviewed and is in order. Harnden & King Construction Inc. has completed similar projects for the Municipality of Clarington and Region of Durham over the past three years, including the last two resurfacing Contract's CL2004-22 and CL2005-22. Last year, the works administered by our office were completed with an acceptable level of quality and workmanship. This year's tender consist of(ll) sites, as summarized on the attached Cost Apportionment. The apportionment also details the estimated project costs based on the low bid submitted by Harnden & King Construction Inc. The total project costs related to this tender is $788,700.00, which is less than the 2006 Capital Budget. Based on the past experience of the low bidder and available budget, it is recommended that Contract CL2006-33 be awarded to Harnden & King Construction Inc. for the total amount of $668,049.57 (excl. ofGSn. The surplus amount will be used in a second pavement contract to be tendered in the coming months. Tender deposits may be returned to all contractors except the low and second low bidders. Should you require any additional information, please contact the undersigned. 1255 SCHEDULE "8" Mr. A_ S. Cannella June 9, 2006 2 Yours truly, 741 Ron Albright, P .Eng. Project Engineer RAlym P/29590/Correspl29590 -- Award tener.doc EncI. cc: Mr. A. S. Cannella, Director, Engineering Services Mr. Bruno Bianco, P. Eng., Design Engineer Mrs. Leslie Benson, Manager of Transportation and Design Mr. N. Clark, Manager of Construction T.qA6 J! sl ... .. au/) c . 'C:I .!I 0 U"C o~ ~gt _13 .9-.;! J:!:1 !ifll Jill :1:= II ..: Q. :l ,. :gg 010 N.~ c>> I ON .... CD .. ct) ~ Gl .., '- o .. Q. :t cr.i ...: Ut o o C'\I . u .s c:: o 'ft 5 l! o o CI c:: 52 aa c:: -8 E ClII :z: >. CD ! 'E .0 ::J .. :!i! CD ~ .... ... o LL. -M CM ~~ ~~ 00 0.1:) -tl! 1ii'E 00 00 ~ ; CD · '0 C Ci5~ . II :I U o 0 _..J .. ~ . C :I ..0.2. c;:::'c CD~>.2 E _ ...... ~:aE~ ".!l!o Q. CD at..J D:: e Q. c o i. "C U . 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Cli1f.-!l1gtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Report #: June 19, 2006 COD-040-06 File#_ By-law # CL2006-26, Farewell Creek Erosion Protection, Courtice Subject: Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-040-06 be received; 2. THAT Dynex Construction Ltd., Concord, Ontario with a total bid in the amount of $176,618.55 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-26, be awarded the contract for the Farewell Creek Erosion Protection, Courtice, Ontario as required by the Engineering Department; 3. THAT funds required in the amount of $125,000.00 be drawn from Engineering 2006 Capital Account #110-32-330-83288-7401 ; 4. THAT additional funds required in the amount of $25,000.00 be provided from the Road Contribution Reserve Fund and $66,240.00 from the Development Charges Road and Related; 5. THAT the Region of Durham be invoiced for the additional funds required in the amount of $8,760.00; and 6. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: Reviewed by: t ranklin Wu, Chief Administrative Officer A.S. Cannella, C.E.T. Director of Engineering Services MM/NT/ASC/LB/km 1258 REPORT NO.: COD-040-06 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Farewell Creek Erosion Protection, Courtice, Ontario, as required by the Engineering Department and as shown on the map below: lV W~Jj; s Farewell Creek Works (2006) Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is $225,000.00 and will be provided as follows: 2006 Budget Account # 110-32-330-83288-7401 Road Contribution Reserve Fund Development Charges Road and Related Region of Durham $125,000.00 $ 25,000.00 $ 66,240.00 $ 8.760.00 $225,000.00 1259 REPORT NO.: COD-040-06 PAGE 3 The Region of Durham has provided written agreement to pay for one third of the total cost of the project up to a maximum of $50,000.00. Included in the 2006 Budget Allocation of $125,000.00 was $41,240.00 to be recovered from the Region. As the total tender exceeded the budget allocation and as the Region has agreed to up to a maximum of $50,000.00, an additional $8,760.00 will be provided from them and which they will be invoiced for accordingly. The low bidder has not previously performed work for the Municipality of Clarington, however have provided satisfactory service for the City of Vaughan and the City of Toronto. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Dynex Construction Ltd., Concord, Ontario, be recommended for the contract for the Farewell Creek Erosion Protection, Courtice, Ontario. Schedule "A" By-law Schedule "B" Memo CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905}623-3379 F (905}623-4169 1260 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Dynex Construction Ltd., Concord, Ontario, to enter into agreement for the Farewell Creek Erosion Protection, Courtice, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1 . THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Dynex Construction Ltd., Concord, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2006. By-law read a third time and finally passed this day of ,2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1261 SCHEDULE "8" ~!.w:.mgtnn MEMO TO: Louann Birkett, Purchasing Manager FROM: Bruno Bianco, P. Ehg., Design Engineer DATE: June 12, 2006 SUBJECT: FAREWELL CREEK EROSION PROTECTION COURTICE, CON 2 PT LOT 33 CL2006-26 RC 50.04 The Engineering Services Department has reviewed the recommendation provided by TSH and offers the following comments. As indicated in the approved 2006 Budget, this project is to be funded in part by the Development Charges Roads and Related monies at 2/3 the amount of the contract value. The total approved estimated budget value is $125 000.00. The final closing tender value for the low bidder is $176 618.55 exclusive of G.S.T., design, consulting, and contract administration fees as well as contingency fees. Therefore, including these additional fees, the total estimated project value required will be $225 000.00. As discussed by TSH, the limited amount of preliminary design information available for the project resulted in the estimated budget value being substantially low. Due to the current magnitude of onsite erosion, preventative measures are required in order to reduce future costs. The engineering department therefore recommends moving forward with the project based on the cost apportionments listed below; 1262 '23t. F: ec.onstructon t~e~,vcastle 2UU6 13 "- June 12. 2006 SCHEDULE "8" Proposed Budget Breakdown Development Regional Recovery Road Total Charges Roads & Contribution Related Reserve Fund Current $83 760.00 $41 240.00 $0.00 $125000.00 Project [2/3 estimated [1/3 estimated budget Funding budget value] value to a max. of $50 000.001 Proposed $150 000.00 $50000.00. $25 000.00 $225 000.00 Budget [2/3 of the Closing [Approved by the Funding Proiect Valuel Region-see attachedl We concur with the recommendation to award the contract to Dynex Construction Ltd. in the amount of $176 618.00 exclusive of G.S.T. for the Farewell Creek Erosion Protection budget project. We suggest the .funds be added to the current account number 110 32 330 83288 7401 and the purchase order of $50 000 .00 . be requested of the Region in order to proceed. We recommend the report to Council move forward based on the above apportionments. Attached for your files is the recommendation provided by TSH. Should you have any further question, please feel free to contact the undersigned. Regards, ----~~ ~ Bruno M. Bianco, P. Eng. Design Engineer BB/sc Attachment cc William McCrae, P. Eng., Totten Sims Hubicki Nancy Taylor, Director of Finance 'Ie ,',(:,,2(;(; ...' un' 2.06. F ,A.F~ EWE!. L. C rkE.foslonProt. C on2. PtU33. C L. 2006 26. B B. sc. taL.. Bir~.etl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 1263 II lilt SCHEDULE "8" Totten Sims Hubicki Associates 513 Division Street, Cobourg, Ontario, C,mada K9A 5G6 (905) 372-2121 Fax: (905) 372-3621 E-mail: cobOvrg@tsh.ca www.tsh.ca engineers architects planners June 9, 2006 Mr. A. S. Cannella, C.E.T. Director of Engineering Services Corporation of the Municipality of Cia ring ton 40 Temperance Street BOWMANVILLE, Ontario. L I C 3A6 Dear Mr. Cannella: Re: FarweU Creek Erosion Protection, Courtice Contract CL2006-26 MunicipaUty of ClaringtoD Tenders for the above project were opened at the Municipal Offices on Wednesday, May 31,2006 at 2:15 p.m. A list of the bids received is provided in the table below. All numbers are exclusive ofGST. BIDDER TOTAL BID AMOUNT Dynex Construction Ltd. $176,618.55 * Concord, ON 560789 Ontario Limited, oIa R & M $221,538.00 Construction Acton, ON Bry Ron Contracting Limited $233,525.50 Aiax, ON 407043 Ontario Limited $243,450.00 oIa Hollandia Land & Environmental Solutions Chelmsford, ON Rutherford Contracting Ltd. $332,699.46 Gormley, ON · Extension Error The low bidder's tender has been reviewed and is in order. Dynex Construction Ltd. completed the Bowmanville Crib Wall project, Contract CL2004-27, for the Municipality of Clarington last year. 1beir performanCe on the contract was satisfactory. Dynex has also completed similar work for the City of Vaughan and the City of Toronto and those contacted confinned the contractor's performance on other projects to be satisfactory. 1264 Mr. A.S. Cannella, G.E.T. June 9, 2006 SCHEDULE "8" 2 Project costs based on Dynex' s bid are sununarized as follows: " Description Construction Costs per Contract CL2006-26 Detailed Design, Tendering & Approvals TSH Project Number 12-29481 to May 27,2006 Contract Administration (Estimated) AquaLogic (Geomorphologist) Sub-Total Project Costs Contingencies (Estimated) Total Estimated Project Costs Less Contribution from Durham Region Total Estimated Clarington Project Costs Clarington Budget Amount Estimated Budget Overrun Cost $176,618.55 $17,852.61 $18,000.00 $1,890.00 $214,361.16 $10,638.84 $225,000.00- $50,000.00 $175,000.00- $83,760.00- $91,240.00..... Clarington's portion of the project costs is estimated to be $91,240 over budget. The budget overrun can be attributed to not having a preliminary design available at the time the budget estimate was prepared. Erosion control projects are unique, and the use of benchmark cost data for estimating purposes can be misleading. In future, erosion control projects should be designed and circulated for approval the year prior to construction so that a more accurate project cost can be carried in the budget for construction of the project. The project is necessary to stop creek erosion, that will in the short term, compromise the abutments to the Old Kingston Road pedestrian bridge as well as isolate a Region of Durham sanitary sewer siphon chamber that is located near the creek bank. The Region of Durham committed to pay for 1/3 of the project costs to a maximum of $50,000 because of the siphon chamber issue. If unchecked the damaged caused to both Clarington and Region infrastructure by continued erosion will far outweigh the costs estimated to stabilize the creek through this project. It is recommended that the tender in the amount of$176,618.55 (exclusive ofG.S.T.) be awarded to Dynex Construction Ltd. of Concord, Ontario. Deposit cheques or bid bonds should be retained for the low and second low bids until the Contract has been executed. Should you require any further infonnation. please contact the undersigned. Yours truly, ~L /1 /' t-e William McCrae, P.Eng. Senior Project Engineer WMlcs PI2t4lI,<C-.-., .-.I.doc Enc], pc: Mr. Bruno Bianco, P .Eng., Design Engineer TIM 1265 This letter is, ~f()Il()W~pt9~t,I['dJ$F9$~iOfl$'F'm .)al"lU~rYt1)'-?()Q($ regardJngthe erosion ,protection . Of,theexjstlngcre~kb.an~:a.t Pld King~ton. RO~9i"~n~if~r~\A,i~IIGr~~~~.. ..~t.th~tlifl'!~~YOt.l..tl~Qj~~~~iftll~: ReQion' WOlJl.g.c0nt!'i:put~:,tQ4hiS::ero$l(m...prote.CtiGn.due.:t~.-tfte.:-grO~~ and.:.. vurn~r?f.)ility.'.~..tI1.~'~~;~p~s'~fl~tin~~n~now~~Pf)~~~'~iP~~t't... . c1e'anout:..'cha;rqti~.Y'ol.1;.. tQ$~therw,~1)YOl.lr conmJftatlt,'.Mt~\lViU:M~~Et... advised that.the/estirnate(t.q()St.Ofthe',workspre$ented:'to,the;R&gi~n'. wa.s..approXima~ely~'1:a~..~()(). pfWhichY9l;J 'req1;JeSte(j.'~QtI$tt:)~rtJ:(1t~) share directlytrom'tn~:Ri1lg1o.h; . After 'a site.. jn~Sti~ation~fl(j .as~~$$m~ntQf-thewQ[kreQJ,lirep,.~nd,a' review ofavaUabfe. nnancmg in2006ilne Regi[)n" is pleased to confirrTl that we"a,rew",ln,g.t()CC}fltri~u~ethI39n~thir(f{'tf3),$har?,~~,p.rqP9~~~tp.:. a maximumQfSSO"Q.oQ; It is also' uh<l~~toPQ,~tth~~~gio~.'Wquld.benotifi~ Pri~tt).tEfi1d$rinQ: of this contract to r~viewthe fin at . design andfini!liz:e,ftnancing1ortni$(" project. I trusttheabovej~sUfficjenlforYQLI toproceedwlththiSProjett, 'rfyPu' haVeanY..furtnaf...q~~stit:)f'l~.r~9~rdiI1S'.the'?b9ve...ple~~e'f!:Ontapt;.m~: djrectlyat90&-6~771t Ext.,.348Q.. ~... ....''!'" /" \ Sin~~ (/ : . '" '-;-' -- r_sel1,\ ii(KUSUkis. P. Eng. ~an !Jer Environmental Services - Design Division Ib 11le Regional Municipality of Our'tl21l1 .."}urks [;llpamnenl !3OS RQSSlANO AD. E P.O_ BOX 623 '<,..HITSV ON L' N 5A::; CANADA 805-668.77 11 F~: 90!),-%l66-2051 E'malt. Wt;lrk$.@tag:on,durtr;<i:-n_ClJ.:;'fl Vi~"v~.tegiO{i. durharn..vn. ca C. R.Cum$,P. Ena" M6A. G.tm1missionf.lr of'vVcrKS , Si1rvlc:Ii'~f--(tilenc~ r()rou;.'~munitif1S" SCHEDULE "8" February 3,2005 Mr. Anthony Cann~'lti Dit~ctor.. Englne~df"fg$~rvie;es D~paftment Corporation of Th&Mur'liCi~alityOf' Clarington 40 T empe..arfCf:Str~(:}t Bowmanvill-eONLfG.aA6 Dear Mr. Cannella: RE: Erosion Prote(;tionat .Oldl<lngstonRoadi(Hwy.,2land Farew~nCre~kinth~ MuniclpalifyQfCladngton '(Courtlce) c: J. Presta..P.Eng.. Director. Environmental Services A. Ho, P.Engl..Envirbnmental'$er-vjge$+D~sign * '00.11> P<)l$l C<):'lil"i_ Clf}l;}llgton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19, 2006 Report #: COD-041-06 File#_ By-law # Subject: CL2006-32, FOOTBALL FIELD, COMMUNITY PARK, BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-041-06 be received; 2. THAT Dol Turf Restoration Ltd, Bond Head, Ontario with a total revised bid in the amount of $612,061.12 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-32, be awarded the contract for the Football Field, Community Park, Bowmanville, Ontario as required by the Engineering Department; 3. THAT funds required in the amount of $675,000.00 be drawn from Engineering 2006 Capital Account #110-32-325-83252-7401; 4. THAT additional funds required in the amount of $255,000.00 be provided from the Development Charges for Park Development Reserve Fund in the amount of $229,500.00 and $25,500.00 from the Engineering Parks Capital Reserve Fund; and 5. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 1267 REPORT NO.: COD-041-06 Submitted by: ~ Marie arano, H.B.Sc., C.M.a. Director of Corporate Services '--...! ? lla'l Nanc ay~or, B.B.A, C.A, ~.~ AS. Cannella, C.E.T. Director of Engineering Services MM/NT/ASC/LB/km PAGE 2 Reviewed by: ~ Fr nklin Wu, ff Chief A~ministrative Officer 1268 REPORT NO.: COD-041-06 PAGE 3 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Football Field, Community Park, Bowmanville, Ontario, as required by the Engineering Department and as shown on the map below: -ci ~ = "€ Co:l ~ Ii ~~~ s ", i I \ , .--'" -...... BOWMANVILL1f\ Bowmanville Community Park (2006) Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per letter from Totten Sims Hubicki Associates Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is $930,000.00. The funding will be provided as follows and is as outlined in the memo from Engineering Services and the letter from Totten Sims Hubicki Associates marked Schedule "B". 2006 Budget Account # 110-32-325-83252-7401 Engineering Parks Capital Reserve Fund Development Charges for Park Development Reserve Fund $675,000.00 $ 25,500.00 $229.500.00 $930,000.00 1269 REPORT NO.: COD-041-06 PAGE 4 As the total tender exceeds the budget allocation it is recommended that the provisional items (retaining wall and railing, area drain and pipe) in the amount of $112,774.15 be deleted from the contract which reduces the tender price to $612,061.12. The budget over-run is attributed to not having preliminary design available at the time the budget estimate was prepared as well as the current upward trend of construction costs due to the amount of work contractors already have secured for the year. The low bidder has previously performed satisfactory work for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Dol Turf Restoration Ltd, Bond Head, Ontario, be recommended for the contract for the Football Field, Community Park, Bowmanville, Ontario. Schedule "A" By-law Schedule liB" Memo CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-41f3!70 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Dol Turf Restoration Ltd, Bond Head, Ontario, to enter into agreement for the Football Field, Community Park, Bowmanville Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Dol Turf Restoration Ltd, Bond Head, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 26th day of June, 2006. By-law read a third time and finally passed this 26th day of June, 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1271 SCHEDULE "B" CI~pn ~ MEMO TO: FROM: Louann Birkett, Purchasing Manager Peter Windolf, O.A.L.A., Manager of Park Development DATE: June 13, 2006 SUBJECT: FOOTBALL FIELD, BOWMANVILLE COMMUNITY PARK CL2006-32 The Engineering Services Department has reviewed the recommendation provided by TSH and offers the following comments. We concur with the recommendation to award the contract to Dol Turf Restoration Ltd. in the amount of $612,061.12 exclusive of G.S.T. for the Football Field project for 2006. A contingency amount of approximately 5.0% is carried forward for the project. The budget allocated for Phase 2 of the park development also included the provision of baseball field scoreboards including the construction of support structures as well as the construction of an access road for the installation and maintenance of the hydro transformer for the park. . Therefore, including design, tender fees, contract administration fees and previously committed costs, the engineering department advises the following Municipal breakdown for the above referenced project; Phase 2 - Bowmanville Community Park Account 11032325832527401 Total Project $930,000.00 Amount Budaet Amount $675,000.00 Estimated $255,000 Budaet Shortfall 1272 Football Field, Bowmanville Community Park CL 2006-32 2 SCHEDULE "B" June 13, 2006 The estimated budget shortfall of $255,000 will be taken from the Development Charges for Park Development Reserve Fund ($229,500) and the Engineering Parks Capital Reserve ($25,500. We recommend the report to Council move forward based on the above costs and funding arrangements. Attached for your files is the recommendation provided by TSH. Should you have any further question, please feel free to contact the undersigned. Regards, ~\J0~ Peter Windolf, a.A.L.A. Manager of Park Development BBlsc Attachment cc Ron Albright, P. Eng., Totten Sims Hubicki Nancy Taylor, Director of Finance CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 127'3 II VII SCHEDULE "B" Tonen Sims Hubicki Associates 513 Division Street. , Cobourg, Onti,;io. Caoada K9A 5G6 (905) 372-2121 Fax: (905) 372-3621 E-mail: cobourg@tsh.ca www.tsh.ca engineers architects planners June 13,2006 Mr. A. S. Cannella, C.E.T. Director of Engineering Services Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario. L I C 3A6 Dear Mr. Cannella: Re: Football Field, Bowmanville Contract CL2006-32 Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Friday June 9, 2006 at 2: IS p.m. A list of the bids received is provided in the table below. All numbers are exclusive of GST. BIDDER TOT AL BID AMOUNT Dol Turf Restoration Ltd. $724,835.27 Bond Head, ON Rutherford Contracting Ltd. $810,902.51 Gonnlcy, ON S & F Excavating Ltd. $829,024.00 KinS[ City, ON A-Con Construction Limited $1,119,889.40 * Woodbrid2c, ON * Extension Error The accepted bids received from Purchasing have been reviewed and are in order. Dol Turf Restoration Ltd. completed the South Courtice Soccer Facility project, Contract CL2003-15, for the Municipality of Clarington in 2004. Their perfonnance on the contract was satisfactory. Dol Turf Restoration Ltd. have also completed similar type work for the City of Vaughan, Town of Collingwood and City of Hamilton and those references contacted also confirmed the contractor's performance on other projects to be satisfactory. 1274 Mr. A.S. Cannella, C.E.T. June 13, 2006 SCHEDULE "B" 2 Project costs based on Dol's bid and previously committed funds for Phase 2 of the park are summarized as follows: Description Construction Costs per Contract CL2006-32 Provisional Items to be removed from Contract (Retaining Wall and Railing, Area Drain and Pipe) Sub-Total (revised Tender Amount) Detailed Design, Tendering & Approvals TSH Project Number 42-80446 to May 27, 2006 Contract Administration (Estimated) Contingencies (Estimated) Sub-Total (Football Field Construction Costs) Previously Committed Funds - Scoreboard Constmction, Scoreboard Supply, Access Road, Design and Administration Total Estimated Project Costs Clarington Budget Amount Estimated Budget Overrun Cost $724,835.27 $112.774.15 5612,061.12 $20,800.66 $52,000.po $31,377.2~ 5716,239.00 $213,761.00 $930,000.00 $675,000.00 $255,000.00 The project costs are estimated to be $255,000.00 over the available budget. The budget overrun can be attributed to not having a preliminary design available at the time the budget estimate was prepared as well as the current upward b'end of construction costs due to the amount of work contractor's already have secured for the year. The commencement of Phase 2 construction of the Bowmanville Park is a vital part of the growing recreational movement present in the Municipality of Cia ring ton. It is suggested that any necessary adjustmel'}ts or re-allocation offunds is provided to ensure the completion of Cia ring ton's only community football field. It is recommended that the revised tender in the amount of$612,061.12 (exclusive ofG.S.T.) be awarded to Dol Turf Restoration Ltd. of Bond Head, Ontario. Deposit cheques or bid bonds should be retained for the low and second low bids until the Contract has been executed. Should you require any further information, please contact the undersigned. Yours truly, RAlcg ,:\62 1Clt46' oonap\cl2OO6-121C11der .wardrC\'.doc Encl. pc: Mr. Peter Windolf, a.A.L.A., Manager of Park Development TIH 1275 CJ.!l[.#]gton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 19, 2006 Report #: COD-042-06 File#_ By-law # Subject: CL2006-29, COMRIF Structures, Replacement of The Geo. A Stephen Bridge, Cedar Park Road Bridge, and Concession Road 6 Culvert Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-042-06 be received; 2. THAT Boyle Excavating Ltd., Bowmanville, Ontario with a total revised bid in the amount of $997,709.60 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-29, be awarded the contract for the COMRIF Structures - Replacement of The Geo. A. Stephen Bridge, Cedar Park Road Bridge and Concession Road 6 Culvert as required by the Engineering Department; 3. THAT funds required in the amount of $764,000.00 (which includes $267,600.00 from the 2005 Capital Budget, $248,200.00 Federal Contribution and $248,200.00 Provincial Contribution) be drawn from Engineering Capital Account #110-32-330-83275-7401 ; 4. THAT additional funds required in the amount of $509,000.00 from the Move Ontario Program Fund be transferred to the COMRIF Structures Rehabilitation Project; and 5. THAT the attached By-law marked Schedule "An authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 1276 REPORT NO.: COD-042-06 PAGE 2 Submitted by: arie Marano, H.B.Sc., C.M.O. Director of Corporate Services o{~. AMffY'- n I Nancy Taylor, B.B.A., C.A., ~ Dire tor 0 Finance 'A. . Cannella, C.E.T. Director of Engineering Services MM/NT/ASC/LB/km Reviewed by: a~ ,J,.; Franklin Wu, TJ v Chief Ad.ninistrative Officer 1277 REPORT NO.: COD-042-06 PAGE 3 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the COMRIF Structures - Replacement of The Geo. A. Stephen Bridge, Cedar Park Road Bridge and Concession Road 6 Culvert, as required by the Engineering Department. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per the letter from Totten Sims Hubicki Associates Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is $1,273,000.00 and will be provided as follows and is outlined in the memo from Engineering Services and the letter from Totten Sims Hubicki Associates marked Schedule "B": 2005 Budget Account # 110-32-330-83275-7401 Federal Contribution Provincial Contribution Transfer from move Ontario to COMRIF Structure Rehabilitation Project $ 267,600.00 $ 248,200.00 $ 248,200.00 $ 509.000.00 $1,273,000.00 As the total tender exceeds the budget allocation it is recommended that the $509,000.00 be transferred from the Move Ontario Program Fund to the COMRIF Structure Rehabilitation Project. Should the project not proceed, a portion of the funding will be dropped by the Federal and Provincial Governments. The budget over-run is attributed to the current upward trend of construction costs due to the amount of work contractors already have secured for the year. The low bidder has previously performed satisfactory work for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Boyle Excavating Ltd., Bowmanville, Ontario, be recommended for the contract for the COMRIF Structures - Replacement of The Geo. A. Stephen Bridge, Cedar Park Road Bridge and Concession Road 6 Culvert. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-41Sg:::78 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Boyle Excavating Ltd., Bowmanville, Ontario, to enter into agreement for the COMRIF Structures - Replacement of The Geo. A. Stephen Bridge, Cedar Park Road Bridge and Concession Road 6 Culvert. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Boyle Excavating Ltd., Bowmanville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read. a first and second time this day of ,2006. By-law read a third time and finally passed this day of ,2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1279 ~l,wilJgron SCHEDULE "B" MEMO TO: Louann Birkett, Purchasing Manager FROM: Bruno Bianco, P. Eng., Design Engineer DATE: June 14, 2006 SUBJECT: COMRIF STRUCTURES - CONTRACT 1 REPLACEMENT OF THE GEO. A. STEPHEN BRIDGE, CEDAR PARK RD. BRIDGE, AND CONCESSION RD. 6 CULVERT CL2006-29 FILE No: G.20.24 The Engineering Services Department has reviewed the recommendation provided by TSH and offers the following comments. This project is funded in part by the Federal, Provincial, and local Municipal governments as outline through the COMRIF funding agreement. The upper tier governments have committed an amount of $557 000.00 each for a total of $1 114000.00. The 2005 approved budget value of $600000.00 is allocated to account number 110-32-330-83275-7401 for the COMRIF Structure Rehabilitation Project. Therefore the approved project funding is $1 714 000.00 for the rehabilitation of 6 bridge/culvert locations. The Engineering Services Department has elected to divide the 6 locations into two separate tender documents. We have taken this approach due to the limited in water construction window, July 1 to September 15, and to attract smaller contractors for competitive bids. The low bid for Contract 1 (above referenced locations) is $997 709.60 exclusive of G.S.T., design, consulting, and contract administration fees as well as utility relocations and contingency fees. Therefore, including these additional fees, the total estimated Contract 1 value required will be $1 273 000.00. This results in an over expenditure of $509 000.00 with respect to the Geo. A. Stephen Bridge, Cedar Park Rd. Bridge, and Conc. Rd. 6 culvert locations. The magnitude of available work to contractors has resulted in increased pricing. The additional funding required is proposed through a portion of the Move Ontario program fund initially committed to the Road Rehabilitation and Asphalt Overlay program. Should the Municipality not move forward with the entire scope of the project, a portion of the funding will be dropped by the Federal and Provincial governments. As' a result of our commitment through the COMRIF funding agreement, we recommend moving forward with the project based on the following apportionments; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 1280 SCHEDULE "B" Estimated Costs & Funding ~ , Available Project Funds $1 714000.00 (Contract 1 & Contract 2) $557 000 each Fed. and Provo & $600 000 Municioal Contract 1 - Total Estimated $764 000.00 Project Cost 44.6% of total Contract 1 - Total Project $1 273 000.00 Cost * Contract 1 - Surplus/Deficit - $ 509 000.00 Contract 2 - Total Estimated $950000.00 Project Cost 55.4% of total Contract 2 - Total Project Tender Closing June 23,2006 Cost Contract 2 - Surplus/Deficit N/A *Including Construction, Design, Contract Admin, and Other Fees Proposed Municipal Budget Breakdown - Contract 1 44.6% of $600000.00 Total Amount Account 110-32-330-83275-7401 Reserves - Reserves - Pits & Move Total General Capital Quarries Ontario Current Project $178400.00 $89 200.00 $0.00 $267600.00 Funding 44.6% of 44.6% of Approved Approved Budget Budaet Value Value Proposed $0.00 $0.00 $509 000.00 $509000.00 Additional Funding Subtotal $174000.00 $89 200.00 . $509 000.00 $776 600.00 Federal - - - $248 422.00 Contribution 44.6% of total Federal Contribution Provincial - - - $248 422.00 Contribution 44.6% of total Provincial Contribution TOTAL $1 273 444.00 Say $1 273 000.00 The Engineering Services Department therefore requests that 44.6% of the approved Municipal Budget funds for COMRIF Structure Rehabilitation Project be allocated to Contract 1. The remaining 55.4% will be carried forward to Contract 2. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 1281 SCHEDULE "B" As well, we recommend Council approve the transfer of funds in the amount of $509 000.00 from the Move Ontario program fund to the COMRIF Structure Rehabilitation Project in order to proceed with the project. Should the above funding be approved, we concur with the recommendation to award the contract to Boyle Excavating Ltd. in the amount of $99S 709.60 exclusive of G.S.T. for the COMRIF Structure Rehabilitation Project. 1 Attached for your files is the recommendation provided by TSH. Should you have any further question, please feel free to contact the undersigned. Regards, ~~ Bruno M. Bianco, P. Eng. Design Engineer BB/sc cc William McCrae, P. Eng., Totten Sims Hubicki Nancy Taylor, Director of Finance './en:Gs2C06.~'une14DGcorv'RIF SIr. Contract 1.GeoA Stephen BrdgCedar PkRd. 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I'- ~ ~ 888 ~ ~ ~ c ci 0 &l !!3 ~ ... ... ~ '" l') M f{ ;;; 8 8 ~ Cb 888 ~ ~ ~ ~ ~ ~ ~ lliaiaiNrol~"': ... ... N '<t .... ::l: '" ~"'~...; 0> 0> en 0> co ri ... 8 8 ;:;l; ~ 888 ~ ~ ~ ~ ~ g ~ ~~~~g~~ ;;;...;....~ 1(, II I 6 oi O! .s B 02 ofi .Y o II <:) J ! I Ll l i ~ I -u:!l~~J ;~~~ ~J l.ni~tl 6 i ~ J (,) ..... ID 0 :a: 1 J. u J! l! (,) .1 J o "il J9 ll. ~ cc l! J (,) .. ~ a; E ;5 8! g i ~ ~ :l ~ II) Ul 12 3 ClfJL-4Jgton REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: JUNE 19, 2006 Resolution #: Report #: FND-009-06 File #: By-law #: Subject: DEVELOPMENT CHARGES BY.LAW AMENDMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-009-06 be received; 2. THAT based on a review of S 10(2) of the Development Charges Act, there is no need to alter or amend the Development Charges Background Study, May 2005, prepared by Hemson Consulting Ltd.; 3. THAT the exemption provided for in the amendment to the By-Law be effective on July 1,2006; and 4. THAT the attached By-Law amending the Development Charges By-Law 2005- 108 be recommended to Council for enactment; ReViewedbd~~ Franklin Wu, Chief Administrative Officer. NT/hjl 1301 REPORT NO.: FND-009.06 PAGE 2 BACKGROUND AND COMMENT: 1.0 On June 27,2005, Council adopted the existing development charges with the approval of Report FND-007-05 and the accompanying By-Law 2005-108. This By-Law, by statute expires after five years or June 30, 2010. 1.1 At the General Purpose and Administration Committee meeting held on April 10, 2006, Council adopted the following resolution #GPA-182-06: WHEREAS the Council for the Municipality of Clarington considers it beneficial for residents and businesses in Clarington and for future economic growth, to promote the establishment of hotel facilities in Clarington; . WHEREAS commercial development charges are currently applicable under the Development Charges By-Law No. 2005-108, for any hotel development on a per square metre basis; WHEREAS any amendments to a development charges by-law must follow the rules outlined in Bill 98, An Act to promote job creation and increased municipal accountability while providing for the recovery of development costs related to new growth (The Development Charges Act), under Section 19; NOW THEREFORE BE IT RESOLVED THAT Staff be directed to initiate the process to amend By-Law No. 2005-108 to provide for an exemption in the Development Charges By-Law for the construction of new hotel facilities which have a minimum of 85 rooms and are three stories or greater in height, including an update to the required Background Study and Public Meeting requirements FORTHWITH. DEVELOPMENT CHARGE BY.LAW AMENDMENT PROCESS: 2.0 The DCA, 1997, allows a municipality to amend an existing development charges by-law. Section 19 of the Act sets out the requirements related to this procedure: 19. (1) Sections 10 to 18 apply, with necessary modifications, to an amendment to a development charges by-law other than an amendment by, or pursuant to an order of, the Ontario Municipal Board. [emphasis added] 19. (2) In an appeal of an amendment to a development charges by-law, the Ontario Municipal Board may exercise its powers only in relation to the amendment. 1302 REPORT NO.: FND-009-06 PAGE 3 2.1 To amend a development charges by-law a municipality must go through the same public process associated with enacting a development charges by-law. It needs to complete a background study outlining the purpose of the amendment and the rationale for the amendment. This document serves as the background study required under s.1 0 of the Act. 2.2 A municipality also has to hold a public meeting on the amendment, having provided three weeks notice of the meeting, and has to have made the background study and proposed by-law amendment available two-weeks prior to the meeting. The public meeting is June 19,2006 and was advertised commencing May 29,2006. The applicable documents were available at the Clerk's Department commencing June 5, 2006. 2.3 Section 19(2) of the DCA is important because it allows for an amendment to an existing by-law to be passed without exposing the unaltered portions of the by- law to appeal. When amending a development charge by-law only the section(s) of the by-law amended or added is subject to appeal and consideration by the OMB. BACKGROUND STUDY REQUIREMENTS: 3.0 The proposed amendment to exempt certain hotel facilities will not result in any individual developer or land owner in the Municipality paying a higher development charge after the by-law is amended. The exemption will result in some lost development charges revenues that the Municipality will need to offset from other revenue sources if any growth related capital costs are required as a result of the exemption being provided. 3.1 Section 10(1) of the DCA, 1997, sets out the requirement ~or a municipality to complete a development charge background study prior to the passage of a development charge by-law or amendment. Subsection 10(2) identifies what is to be included in the development charge background study. These legislative requirements are summarized as follows: s.10(2)(a) - estimate the amount, type and location of development to which the development charge [amendment] is to apply; s.1 0(2)(b) - establish the eligible growth-related costs and services (as determine under paragraphs 2 to 8 of subsection 5(1) of the DCA, 1997) to which the development charge by-law [amendment] would relate; s.1 0(2)( c) - examine, for each service to which the development charge by-law [amendment] relates, the long term capital and operating costs for the capital infrastructure required. 1303 REPORT NO.: FND-009-06 PAGE 4 3.2 The amendment proposed is not altering the 'amount, type and location of development' or growth-related capital costs that form the basis of the charge determined in the 2005 Background Study so s.10(2)(a),(b) anc (c) are not relevant. The proposed amendment therefore does not require an amendment to the Development Charges Background Study, May 2005 and this document serves as the background study required under Section 10 of the Act. PROPOSED AMENDMENT: 4.0 In order to provide for the exemption for the construction of new hotel facilities, the Development Charges By-law 2005-108 must be amended in two areas. The definitions in Section 1 (1) must be expanded and an additional subsection must be added to Section 20, Rules with Respect to the Exemption of Certain Public and Other Buildings. 4.1 It is proposed that hotel be defined as a building providing overnight accommodation with a minimum of 85 overnight accommodation rooms which include a bedroom and a bathroom combination, which is not a dwelling unit or dwelling units contained in a single-detached dwelling, a semi-detached dwelling, a townhouse (row house) dwelling or a multiple dwelling and which have a common entrance from street level, common halls, stairs, elevators and that is three stories or greater in height and may contain convention meeting space facilities. 4.2 Section 20 reads as follows: Buildings within any of the following categories of areas or uses are hereby exempted from development charges imposed by this By-Law. It is proposed that a new section 20(11) be added as follows: buildings constructed after July 1, 2006 for the purpose of a hotel as defined herein. RECOMMENDATIONS: 5.0 Based on a review of the applicable legislation, it is recommended that an amendment to the Background Study, May 2005 is not required. It is recommended that the attached By-Law (Attachment #1) be recommended to Council for enactment. Attachment #1 - By-Law to amend By-Law 2005-108 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1304 ATTACHMENT 111 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- To amend By-Law #2005-108, a By-Law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997, to provide for an exemption to development charges fees for new hotel facilities as defined herein WHEREAS Section 19 of the Development Charges Act, 1997 sets out the procedure for amending a development charges By-Law; AND WHEREAS Council has before it Report FND-009-06 which serves as a Background Study pursuant to Section 10 of the Act; AND WHEREAS Council gave notice to the public of a public meeting and held a public meeting pursuant to Section 12 of the Act on June 19,2006, prior to which the Study and a proposed amendment to the development charges by-law were made available to the public, Council heard comments and representations from all persons who applied to be heard (the "Public Meeting") and considered Report FND-009-06 (the "Staff Report" and "Background Study") dated June 19,2006; AND WHEREAS staff of the Municipality considered the public comments and representations made at the Public Meeting at the meeting of Council held on June 26, 2006; AND WHEREAS at its meeting on June 26, 2006, by Resolution No. C- -06 Council approved the recommendations contained in Report FND-009-06; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNlCIP ALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. Section 1 (1) of By-Law 2005-108 being a by-law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act is amended by adding the following definition to it: "hotel" , means a building providing overnight accommodation with a minimum of 85 overnight accommodation rooms which include a bedroom and a bathroom combination, which is not a dwelling unit or dwelling units contained in a single- detached dwelling, a semi-detached dwelling, a townhouse (row house) dwelling or a multiple dwelling and which have a common entrance from street level, common halls, stairs, elevators and that is three stories or greater in height and may contain convention meeting space facilities. 1305 Page Two 2. Section 20 of By-Law 2005-108 is amended by adding to it a new subsection 20 (11) as follows: "(11) buildings constructed after July 1, 2006 for the purpose of a hotel." Date By-Law Effective This By-Law comes into force and is effective on July 1, 2006. THIS BY -LAW READ A FIRST, SECOND, AND THIRD TIME, AND PASSED IN OPEN COUNCIL THIS 26TH DAY OF JUNE, 2006. John Mutton, Mayor Anne Greentree, Deputy Clerk 1306 CI!1[ington REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: JUNE 19, 2006 Resolution #: Report #: FND-010-06 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-010-06 be received; and 2. THAT the attached list of applications for cancellation, reduction, apportionments or refund of taxes be approved. Reviewed by6~~~ Franklin Wu Chief Administrative Officer 1307 REPORT NO.: FND-010-06 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 may be 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. 1308 REPORT NO.: FND-010-06 PAGE 3 The total amount of taxes to be written off, for September 1 to December 31,2005, as shown in this report total $25,009.15. The total for the 2005 calender year is $55,023.15. This total represents the Municipality's share only. For comparison the values of taxes written off under Section 357 and 358 at December 31,2004 was $29,787.76 for the municipal portion only. Attachment: Attachment "A" - Write-Off Report September 1 to December 31,2005 1309 M ... Q) .Q E ~ Q) o B .... Jl)1l g E N.Sl t:~ Om C1...: II) 0 0::'0 It: .g O~ cL~ .. - .~ 6 ~!::. >- ,g "0 Q).... E c: ._ III III U o:a c: c. 0< III III & "0 ...2 III III GI ::I >'6' < ii ii ~ c. i E 'u :5! tn: III II.. ::I ~ :& &0 o o N _ U .m '5 ii ~ - C. GI III .- E:5.!:! 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OCCIl 1-1D.c 'Ca::E ec(~ l! ... CIl C) 0 C C") - o C") CIl Cl III c.. i o I- 1312 ClwiJ1gron MEMO CLERK'S DEPARTMENT To: Mayor Mutton and Members of Council From: Anne Greentree, Deputy Clerk Date: June 19, 2006 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA-JUNE 19, 2006 DELEGATIONS & CORRESPONDENCES Please be advised of the following: 1. DELEGATIONS (i) Tom Barrie - Report PSD-083-06, Applications by AYT Corporation to Amend the Durham Regional Official Plan and the Clarington Official Plan Mr. Barrie advised, after reviewing the Report, he will NOT be appearing as a delegation. (ii) Libby Racansky - Hancock Neighbourhood 2. CORRESPONDENCE - attached for your information only, are the following items of correspondence. Both Correspondence Items will be included in next week's Council Agenda, but the senders requested they be provided earlier. (i) Marlene Waters and John Waters - Report PSD-082-06, Miller Paving Limited (ii) Michael Bowman, Osler, Hoskin & Harcourt, LLP - Report PSD-083-06, Applications by A YT Corporation to Amend the Durham Regional Official Pia and e Clari gton Official Plan *ct cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 .. '-.2 PM 1:14:11 12 June 2006 DJS'n::(C~UTV..)N CLERK __ ACK. br ''''....,...."~....-_"'f._-....~~ Janice Szwarz, Senior Planner Special Projects Branch Planning Services Department Municipality of Clarington 40 Temperance Street Bowmanville, ON LIC 3A6 .,~",-~~ ORf;:J~,\L _ CCt,41'~ \~11(~ COPlfS-fT:: -....----.-. - --,--- .....----..... ,.,; "".- Dear Madam: ...!'Lt....-_ ':_ _':-:':: .",;,. Re: Miller Paving Limited Planning File Nos.: ZBA 2005-027, COPA 2005-003 & ROPA 2005-05 ...""'-"~~ We continue to oppose the amendment of the official plan and zoning by-law to the subject property located on Part Lot 27, Concession 1, former Township of Darlington. We attach our original submission, dated 25 August 2005, in which we have outlined our concerns. We request that you accept this second letter as our written submission, having been sent prior to the public meeting, to be held in the Council Chambers of the Municipal Administrative Centre, Bowmanville, on Monday, June 19,2006. On September 7, 2005 the Regional News This Week contained an article of a compost fire at an Oshawa-based compost facility. As the black smoke billowed over the surrounding community, concern was raised about the air and soil contamination such a facility creates. We have those same concerns with the proposed Miller Paving Limited Organic Waste Composting Facility. The proposed site of Part Lot 27, Concession 1, is located just south of our property, and from the shores of Lake Ontario, to the north, this area is part of the Lake Iroquois Bluff, and has a vital hydrological function. (as described to us by the Senior Ecologist, Michael Roy, B.Sc., of Gartner Lee Limited) We believe that the seepage created by the proposed Miller Paving Limited Outdoor Compost Facility would do irreparable damage to this sensitive land form area, and cause contamination of the existing groundwater. " As caretakers of our own piece of earth, we must realize that decomposing materials, that sit on the surface of a soil, in an area known for easy percolation of contaminant, due to its sandy soil component, must be protected. In addition, to concerns expressed thus far, we cannot accept the increased traffic consisting of23 trucks per hour (mostly tractor trailers) created by such a facility, and the subsequent noise from such large vehicles. What regulations does the Municipality of Clarington have in place to control traffic congestion, and to control the noise pollution created by the operating of this proposed Compost Facility? On 22 October 2005, a tour of the Bloomington Recycle Facility was offered by Miller Paving Limited. We understand, from the findings at this visit, that this company plans a F all capacity of 20,000 - 50,000 tons of mostly wood processing. In the future, Miller Paving Limited plans to bring in recycled material from the GTA, and to use this site, Part Lot 27, Concession 1, to house the paving component of their company. The Municipality ofClarington has the opportunity, at this planning stage, to prevent the development of an Outdoor Compost Facility/Dump S;teIPav;ng Company. In conclusion, we ask again, that the Municipality of Clarington not accept this proposal by Miller Paving Limited to develop an Outdoor Compost and Wood Waste Processing Facility/ Organic Waste Composting Facility on site Part Lot 27, Concession 1. We look forward to hearing your response to our concerns. Yours truly, {~~ Marlene Waters tl~ ?~ John Waters p.c. David Crome, M.C.I.P., R.P.P. Director of Planning Clerk's Department, 2nd Floor 25 August 2005 Marlene and John Wl'ltf>r~ UavIG Lrome, M.L-I.r., .<.c.P. Director of Planning Municipality of Clarington 40 Temperance Street Bowmanville, ON LtC 3A6 Dear Sir: Re: Miller Pavine: Limited Plannine: File Nos.: COP A 2005-003 & ZBA 2005-027 We oppose the amendment of the official plan and zoning by-law to the subject property located on Part Lot 27, Concession 1, former Township of Darlington. We request that you accept this letter as our written submission, having been sent prior to the public meeting, to be held in the Council Chambers of the Municipal Administrative Centre, Bowmanville, on Tuesday, September 6,2005 at 7:00 p.m. Our home is located directly north of this proposed Miller Paving Limited organic material composting and wood waste processing plant. We will be adversely affected by the existence of this facility. A study done by Cornell Waste Management Institute of Ithaca, New York, has shown that compost facilities will generate some rejects or non-compostables that must be disposed of either at a landfill site or an incinerator. ,. Does the Municipality of Clarington have in place the regulations to prevent a landfill site or an incinerator on this subject property? The study, by the Cornell Institute, states that composting operational requirements need to be put in place to specifically control pathogenic organisms being emitted through elevated temperatures. ,. To protect our health, how will the Municipality of Clarington guarantee that this facility will not emit pathogenic organisms? .' There are, in Ontario, stringent standards, which in effect restrict composting to source separated clean organic wastes, The very definition of organic material is any material originated as a living organism which includes: poultry litter, cow/sheep/pig manure. peat moss, etc. Organic compost, or soil enhancement, also carries the name of 'sludge', which can contain lead. This metal containment, over years, can leave a high concentration in our soil. .., Will the Municipality of Clarington allow the production of sludge at this facility? ,. How will the Municipality protect our soil from containments? Compost regulations require that a compost and waste processing facility be located as to minimize potential impacts on neighbours, from odours, and on the environment. In the process of dealing with wood, and creating wood waste products, it has been the practice to use an incinerator. The contaminants from these emissions, and the dust produced, have been proven to contain both CO (carbon monoxide) and NOx (nitrogen oxide). In the presence of heat, nitrogen oxide forms an ozone from which human health concerns include lung disease, chest pain, nausea, throat irritations, to name a few. It is also shown that NOx can convert to nitric acid which emissions have a direct adverse effect on the ozone of plant life. No doubt that the Miller Paving Limited facility will affect our environment. Contaminants, odour, and pollutants will be in the air we breathe. ,. How will the Municipality of Clarington prevent such hazards as these contaminants, odour, and pollutants? ,. Will the Municipality ofClarington ban the burning of waste, of any nature, on this subject property? Compost regulations require that a company state the minimum of land area per ton of waste material. ,. Has the Municipality of Clarington restricted the land area requested for use by Miller Paving Limited? ,. Will this subject area be for the restricted used by the Municipality of Clarington, or will it also be used by surrounding municipalities, as has occurred in similar incidences? Compost regulations also protect the impact of processing facilities on the water quality. The Miller Paving Company proposal will introduce leachate, polluting our water as it seeps through the waste. A compost facility has to be set back from any water courses. However, the subject property of Miller Paving is located near the run of Black Creek. which is identified as a significant natural heritage. The subject property also affects the existing Groundwater. Our daily lives depend on this surface water. A study done by the Ministry of Natural Resources, 1999, states that any alterations to this water source, even minor ones, will have a dramatic impact. In 2001, the CLOCA Watershed Inventory study stated that this whole area is included as a significant and sole Groundwater recharge, independent of the Oak Ridges Moraine, and as such, needs to be protected. ,.. How will the Municipality of Clarington prevent leachates from damaging the natural heritage of the Black Creek area, and the existing Groundwater, as recognized by the Ministry of Natural Resources? , There would need to be regular environmental inspections to this Miller Paving Limited development. Is the Municipality of Clarington committed to fulfill that requirement to protect its constituents? Should this proposed official plan amendment and zoning change Planning File Nos: COP A 2005-003 and ZBA 2005-027 be accepted it would have detrimental affects to our community, our environment, and our daily lives. We ask that the Municipality of Clarington not accept this proposal by Miller Paving Limited to develop an outdoor organic material composting and wood waste processing facility on site Part Lot 27, Concession 1. ..,.. We look forward to hearing your response to our concerns. Yours truly, n(~ ~;jj;; Marlene Waters &~ ~~- John Waters p,c. Clerk's Department 2nd Floor, 40 Temperance Street Bowmanville, ON LtC 3A6 .16-Jun-2006 04:44pm From-Osler Hoskin' Harcourt LLP 4168626666 T-588 P.002/004 F-894 Osler, Hoskin & Harcourt LlP Box SO, 1 First Canadian PlaeQ Toronto, Ontario, Canada M5X 188 416.362.2111 MAIN 416.862.6666 PACSlMn-E OSLER 'rorOl1lo June 16, 2006 Michael Bovtman Direct Dial: (416) 862-6834 mbowmanC!POSlef.com Mal'l1f681 O\tol"'. BY FACSIMILE NIlIN YIlfk Ms. Pattie Barrie Municipal Clerk 2nd Floor 40 Tempetance Street Bowmanville, ON LIe 3A6 ColsI'IY Attention: Cheryl Teunisco, AdministIative Assistant Dear Ms. Barrie and Ms. Tennisco: Official Plan Amendment and Rezoning Applieadons By AYT Corporation FOe Nos. ZBA 2004-055 & COPA 1004-007; Staff Report PSD-083-96 We are writing on behalf of ZAillers Inc. with respect to the above-referenced applications by A YT Corporation and staff report that will be considered at the June 19. 2006 meeting of the General Purpose and Administmtion Committee. Enclosed please find a copy of Mr. Stein's letter of May 6, 2005, setting out a number of issues and concerns with respect to the A YT development proposal. As these concerns and issues have not yet been addressed, it remains premature for the A YT lands to be considered for any commercial use at this time. Any future directions to staff with respect to the A YT applications should retlect this position. Please ensure that this letter and the May 6, 2005 letter are presented to members of the Committee. As advised, we will not be appearing to make an oral deputation to the Committee. y ou~ very tmly, 11 '-P-L r '7-~ Michael Bowman MB:smn Encl. c. David Crolne Ira Kagan Stan Stein TO~~1902475.1 osler.com telecopy .16-Jun-2006 04:44pm From-Osler Hoskin & Harcourt LLP 4168626666 T-588 P.OOS/004 F-894 Osler. Hoskin a Harcourt LLP Box 50, 1 First Canaclian Place Toronto, Ontario, Canada M5X 1BB 416.362.2111 MAIN 416.862..6666 JlACSlMIlE OSLER TorOnlll May 6, 2005 Stanley B. Stein Ditoct Dial: (416) 862-6439 ssteinllJOSler.com Our Matter Number. 1037994 MDnlr1tal Ottawa NllW VOrk By Facsimlle Clerlc's Department 20d Floor 40 Temperance S~et Bowmanville, ON LIe 3A6 calgary Dear Sirs: Development AppUcation by AYT Corporation Public Meeting - Monday, May 9, 2005 We are writing on behalf of ~llers Inc. with respect to the AYT Corporation application to amend the Clarington Official Plan and Zoning By-law. Iu you know, ZclIel'S has been involved in the commercial policy review respecting futu.re commercial development in the Bowmanville West Main Centtal Area. Please add this letter to the materials to be considered by the General Pwpose and Administration Committee meeting of May 9, 200S. 'The A YT application is a recent addition to the other applications for commercial uses that are being considered along the Highway 2 conidor. The options for development of the Highway 2 corridor have been the subject of extensive consideration by the Municipality's staff and consultants and drew a high level of participation at a public meeting held on April 20U!. In this context, the A YT application introduces a new site that is nying to seek some of the future allocation for cOnunelCial development. Them are some threshold questions that must first be addressed as to the nature and extent of futuIe commercial development that is warmnted. A second question is the extent to which such development should take place in the BOWDlanville West Main Central Area. Another issue is whether phasing is appropriate so new growth in commercial facilities is harmonized with population growth. At this time, the appropriate concentration of retail space in a well defined w:ban context, such as Option B discussed at the public meeting. must be addressed. Indeed, some of the developmem proposed for the West Main Central Area is, in our submission, premature. This would make the addition of the A YT proposal even more problematic at this time. TORJZ7: 13lI76.U.1 osler.com copy . 16-Jun-2006 04:44pm From-Osler Hoskin & Harcourt LLP 4168626666 T-588 P.004/004 F-894 # OSLER Page 2 In conclusion, our client's position is that the Municipality already has enough in the way of depamnent store and other DSTM proposals on its platter for consideration, unresolved as to scale and timing of development. The introduction of a new node of this magnitude, unrelated to the existing commercial areas, is beyond the scope of the cunent review. The AYT site may be warranted in the future, but there are already enough matters requiring resolution. We are also interested in seeing the assessment of the Town"s peer review consultants, bearing in mind the comments previously submitted by our client's consultants. Yours very tIuly, ORIGlNAL SIGNED BY STANLEY B. STErt~ Stanley B. Stein SBS: c: David Cro~, Director of Planning Services Ira Kagan. Kagan ShQ~.tri TORJ'2Z:13O"I6$:!.1 L WliL :: Lertltlcate Page 1 01 I .- . In Memory of Private F W JACKMAN C/35615, Algonquin Regiment, R.C.I.C. who died age 35 on 21 November 1944 Son of Francis Waldo Jackman and Eleanor Mary Jackman, of Bowmanville, Ontario. Remembered with honour BERGEN-OP-ZOOM CANADIAN WAR CEMETERY -- i'~l~lt".dNAMEUV ETH ~:~ r;-:" .:' "_: --'..',.. ,',;., '.. .,'"... ,.-:::_)t~'~';,:, ---,:~':,.: - --",:'~-~..t ;,ltE~E~MQ~J .;, :"':; . ,':' '-, -::r-.-~.{:{~h!-~'<:::~':~-~' Commemorated in perpetuity by the Commonwealth War Graves Commission http://www .cwgc .org/cwgcinternetlcertificate,aspx?casualty=2641868 25/10/2005 November I, 2005 44 Prince Street, Bowmanville, Ontario, L I C I G6 Bob Russell, Planning & Development Municipality of Clarington. Bob Russell: Would you please consider adding a Poppy to Jackman Rd. Street Name Sign in Bowmanville, in memory of Fred W. Jackman, a World War 2 Veteran killed in action in Holland Nov, 2, 1944. Fred was the great, great grandson of the original homesteader that Jackman Rd. was named after. Therefore if a Poppy was placed on this sign it would not take away from the original intent to name this after a prominent member of the community, in fact I believe it would add to the significance of the name. Fred Jackman's father Francis and his Uncle Sid had Jackman Florist's for many years on Jackman Rd. Jackman, Fred W. a World War 2 Veteran, K.I.A Regt.# C35615, Midland, & Algonquin Regiments. Killed Nov. 2, 1944-Holland Buried in, Bergen-OP-Zoom, Canadian War Cemetery, The Netherlands. Jackman, Doug -World War 2 Veteran- R.C.A.F. Regt.# R 152133 Your consideration to this request would be appreciated by his relatives and The Royal Canadian Legion. Attached is information about Fred W. Jackman from The Commonwealth War Graves Commission, Veterans Affairs Canada, a copy of page 343 of the Book of Remembrance in Ottawa, and a short biography of him. Yours in Comradeship, ~4~ John Greenfield RCL Br.178 Veterans Service Officer November I, 2005 44 Prince Street, Bowmanville, Ontario, L I C I G6 Bob Russell, Planning & Development Municipality of Clarington. Bob Russell: Would you please consider adding a Poppy to the Street Name Sign Millson Hill Drive in Orono, for a Veteran of World War 2 named Herman Edward Millson who was a 1 st Cousin to Henry Millson for whom the Street was named. Ed's Brother Alfred Millson was also a World War 2 Veteran. Therefore if a Poppy was placed on this sign it would not take away from the original intent to name this after a prominent member of the community, in . fact I believe it would add to the significance of the name. Herman Edward Millson, W.W.2 Veteran, Ii Regt.# R1511971, RCAF, Served for five & half years from 1939 to 1945 H. Alfred Millson W.W.2 Veteran " Regt.# C78876 Army Served Approx. 2years. Your consideration to this request would be appreciated by his relatives and The Royal Canadian Legion. Attached is information about Edward being presented with a Gold Medal for class leadership by Wing Commander J.}-I. Keens A.F.C , a picture of one side of the medal and a copy of a ribbon for third place in a swimming competition in 1943AAlso attached is a letter signed by the Son of Henry Millson who the Street was named after. Yours in Comradeship, }~ John Greenfield RCL Br.178 Veterans Service Officer General Purpose and Administration Committee Good morning Ladies and Gentlemen, my name is John Greenfield, I am the Veterans Service Officer for the Royal Canadian Legion Br.178. I am here to speak against the recommendation by the Planning Services Report # PSD-080-06 article # 8. In November 2005 I presented the suggestion to the Planning Services that Jackman Road in Bowmanville have a Poppy added to the name in memoty of Fred Jackman who was killed in WW2. Knowing that his Great Grandfather who the Street was named after would also be honoured to have his Great Grandson so honoured. His living relatives approve of this also, Doug Jackman, Freds brother also served in WW2 in the RCAF. This would add historical value to the street name. Regarding Millson Hill Drive, Herman Edward and H. Alfred Millson, both WW2 Veterans, served their country with distinction, and who lived in that area for many years. I believe that a Poppy would not take away from the original intent, but would add to the significance of the name, and so would the son of Henry Millson, whom the Street was named after, in the letter I presented to the planning services signed by him favouring this suggestion. Therefore I urge you to turn the planning services recommendation down, and recommend that a Poppy be placed on these signs in question, thank-you. Yours in Comradeship, J~fluP John Greenfield Request from Residents of Hancock Neighbourhood To Council June 19, 2006 During the last Town Hall Meeting, Mr. Crome, Mr. Canella and some Councillors that were present at this event agreed that the Draft for the Hancock Neigbourhood Plan could be looked at since some original plans cannot be applied anymore. Redefining of this Plan is needed. Residents of this Neighbourhood decided last year that we will wait to present our request to Council until the new EIS for Headgate will be completed. But, developer is planning physical changes to this neighbourhood that will affect our properties. Therefore we feel that there are far more important Conditions of the Draft Plan Approval that he should fulfill prior to these changes. That is why we are requesting Council to now please allow Planning and Works Departments to revise this neighbourhood Plan. This neighbourhood Plan should be acceptable and fair to all stakeholders. Lands of the residents living in the current 240, out of the total planned 975 units still fonn a majority of this neighboorhood. These lands should be taken into consideration before any physical changes will be done. Areas that should be looked at are: The positioning of roads, location of SWM facility, school, park and commercial site; provincially significant wetlands and streams should be protected, not deleted or drained since we know that the world is suffering from unavailability of water resources. The plan should form a sustainable development Plan that would rest on four guiding principles: Environmental stewardship Economic opportunity Social conscience and Fiscal responsibility. Planning and Works Departments could, with consultation of all landowners and developers, prepare a Plan that would create a neighbourhood that would be livable, doable, easy to maintain. The Plan that recognizes that successful sustainability in a community must be supported and led by the community. Modified urban design with higher-efficiency mechanical and lighting equipment that would reduce energy consumption and decrease C02, reduce water consumption, address light pollution, support passive energy like solar, gray water recycling, etc, could be planned for. In partnership with provincial government, Hydro One, etc. we could apply for grant to fund this improved neighbourhood plan. Not only people who would live, work and play here would benefit, but also our Municipality as a whole. Subdivisions that are using updated housing techniques are in great demand. Councillors, as our representatives, should be the driving force and decision-makers of plans creating sustainable, energy-saving and livable neighbourhoods, not the developers. I am handing in the petition that we had started last year. I am respectfully requesting Council to please grant us our request.