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HomeMy WebLinkAbout01/08/2007 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: JANUARY 8, 2007 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 December 11, 2006 301 4. (a) PRESENTATIONS No Presentations (b) DELEGATIONS (i) Libby Racansky— Sensitivity of Lands in Clarington (ii) Aaron & Susan Gaudon — Report PSD-007-07 Stone's Throw Pub and Grill: Application for Outdoor Liquor License License No. 812230, Notice of Proposal #14600 (iii) David & Cara Garneau — Report PSD-007-07 Stone's Throw Pub and Grill: Application for Outdoor Liquor License License No. 812230, Notice of Proposal #14600 (iv) Ryan Buck— Report PSD-007-07 Stone's Throw Pub and Grill: Application for Outdoor Liquor License License No. 812230, Notice of Proposal #14600 (v) Mike & Gail Palmer— Report PSD-007-07 Stone's Throw Pub and Grill: Application for Outdoor Liquor License License No. 812230, Notice of Proposal #14600 (vi) Lou Devuono— Rocky's Ride For Diabetes — Financial Support (vii) Richard Tom, Jane Eccles, Craig Ryan —Visual Arts Centre of Clarington Bowmanville High School Fundraiser— Project For Silken Laumann to speak at Bowmanville High School - October, 2007 G.P. & A. Agenda - 2 - January 8, 2007 (viii) Linda Gasser— Regional Plans for the Greenbelt (ix) Eugene Dupuis —Addendum to Report PSD-083-06 Applications by AYT Corporation to Amend the Durham Regional Official Plan, the Clarington Official Plan, and the Municipality of Clarington Zoning By-law 84-63 to Permit a Large Format Retail Centre on the North-west Quadrant of Highway 401 and Bennett Road, Bowmanville 5. PUBLIC MEETINGS (a) Application to Amend the Clarington Official Plan and Zoning By-law 84-63 501 and an Application for a Draft Plan of Subdivision Applicant: Ban's Developments Ltd. Report: PSD-001-07 6. PLANNING SERVICES DEPARTMENT (a) PSD-001-07 Application for Proposed Plan of Subdivision, Official Plan 601 Amendment and Zoning By-Law Amendment Applicant: Barris Developments Limited (b) PSD-002-07 Monitoring of the Decisions of the Committee of Adjustment 610 for the Meetings of September 28, October 12, November 2, November 16 and November 30, 2006 (c) PSD-003-07 Environmental Stewardship Program Update 636 (d) PSD-004-07 Bowmanville Community Improvement Plan Grants Update 639 (e) PSD-005-07 Orono Community Improvement Plan Grants Update 643 (f) PSD-006-07 Commercial Policy Review and Bowmanville West Main 646 Central Area Secondary Plan Review Amendments 43 and 44 to the Clarington Official Plan and Related Amendments to the Zoning By-law (g) PSD-007-07 Stone's Throw Pub and Grill: Application for Outdoor 668 Liquor License License No. 812230, Notice of Proposal #14600 G.P. & A. Agenda - 3 - January 8, 2007 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-001-07 Aspen Springs Subdivision Phase 4, Bowmanville, Plan 701 40M-1816 'Certificate of Acceptance' and `Assumption of By-Laws', Roads and Above Ground Services including Roads and other Related Works (b) EGD-002-07 Baywood Subdivision Phase 1, Bowmanville, Plan 40M-2066 707 'Certificate of Acceptance' and 'Assumption of By-Laws', Final Works including Roads and Other Related Works (c) EGD-003-07 Baywood Subdivision Phase 3, Bowmanville Plan 40M-2138 713 'Certificate of Acceptance' and 'Assumption of By-Laws', Final Works including Roads and Other Related Works (d) EGD-004-07 Port of Newcastle Subdivision Phase 1 Stage 3, Plan 719 40M-2140, and Phase 1 Stage 4, Plan 40M-2161, Newcastle, 'Certificate of Acceptance' and 'Assumption of By-Laws', Final Works including Roads and Other Related Works (e) EGD-005-07 Trulls Delbert Subdivision Phases 1B and 213, Courtice, 725 Parts of Plans 40M-1684 and 40M-1685 'Certificate of Acceptance' and 'Assumption of By-Laws', Roads and Above Ground Services (f) EGD-006-07 Monthly Report on Building Permit Activity for 731 November, 2006 (g) EGD-007-07 Courtice Skate Park-Site Selection 736 8. OPERATIONS DEPARTMENT No Reports 9. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-001-07 Monthly Fire Report— October-December, 2006 901 10. COMMUNITY SERVICES DEPARTMENT (a) CSD-001-07 Lakeridge Health Oshawa Cardiovascular and Rehabilitation 1001 Program G.P. & A. Agenda -4 - January 8, 2007 11. CLERKS DEPARTMENT (a) CLD-001-07 Appointments to Boards and Committees 1101 (b) CLD-002-07 Private Parking Enforcement 1110 12. CORPORATE SERVICES DEPARTMENT (a) COD-001-07 Severance Remuneration for Members of Council Term 1201 2003-2006; Processed in Accordance with By-law 2004-32 and By-law 2004-264 13. FINANCE DEPARTMENT No Reports 14. CHIEF ADMINISTRATIVE OFFICE No Reports 15. UNFINISHED BUSINESS No Reports 16. OTHER BUSINESS 17. ADJOURNMENT €�tw General Purpose and Administration Committee Minutes December 11, 2006 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, December 11, 2006 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director, Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance Department, N. Taylor Director of Emergency & Fire Services, G.Weir Deputy Clerk, A. Greentree Clerk II, Barb Boffey Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST . There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #GPA-386-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on October 2, 2006, be approved. CARRIED 301 General Purpose and Administration Committee Minutes December 77, 2006 Resolution #GPA-387-06 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Agenda be altered to introduce a motion to designate Members of Council as Department Chairs. CARRIED Resolution #GPA-388-06 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Members of Council be designated as a Department Chair as follows: Finance, Corporate Services & Mayor Jim Abernethy Administration Planning Services Department Councillor Mary Novak Engineering Services Department Councillor Adrian Foster Operations Department Councillor Charlie Trim Clerk's Department Councillor Ron Hooper Community Services Department Councillor Gord Robinson Emergency Services Department I Councillor Willie Woo And; THAT the appropriate by-law be forwarded to Council for approval, forthwith. CARRIED PRESENTATION There were no presentations made under this section of the Agenda. DELEGATIONS There were no delegations made under this section of the Agenda. PUBLIC MEETING There were no Public Meetings held under this section of the Agenda. Councillor Novak chaired this portion of the meeting. _2 . 302 General Purpose and Administration Committee Minutes December 11, 2006 PLANNING SERVICES DEPARTMENT AMENDMENT TO APPLICATION FEES BY-LAW PLANNING AND DEVELOPMENT APPLICATIONS Resolution #GPA-389-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report PSD-115-06 be received; and THAT the By-law amendment (Attachment 1 to Report PSD-115-06) detailing the specific amendments to By-law 96-032, being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington, as amended, be approved. CARRIED ADULT SCHOOL CROSSING GUARD REGIONAL ROAD 22 (BLOOR STREET) AND MEADOWGLADE ROAD, COURTICE Resolution #GPA-390-06 Moved by Councillor Trim, seconded by Councillor Foster THAT Report PSD-116-06 be received; THAT Council endorse actions taken to provide an Adult School Crossing Guard for the location of Regional Road 22 (on the west side of the intersection at Bloor Street) and Meadowglade Road in Courtice; and THAT all interested parties listed in Report PSD-116-06 and any delegations be advised of Council's decision. CARRIED ONTARIO HERITAGE TRUST HERITAGE COMMUNITY RECOGNITION PROGRAM NOMINEES Resolution #GPA-391-06 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report PSD-117-06 be received; -3 - 303 General Purpose and Administration Committee Minutes December 11, 2006 THAT the Ontario Heritage Trust be advised that the Council of the Corporation of the Municipality of Clarington nominates: • Myno Van Dyke for recognition under the Heritage Community Recognition Program for his significant contribution to the preservation of the cultural heritage of the Municipality of Clarington; • Jim and Margaret Coombes for recognition under the Heritage Community Recognition Program for their significant contribution to the preservation of the built heritage of the Municipality of Clarington; and THAT Myno Van Dyke, Jim and Margaret Coombes, and the Ontario Heritage Trust be advised of Council's decision, forthwith. CARRIED LICENSE AGREEMENT FOR CANADIAN NATIONAL RAILWAY COMPANY LANDS AT MILE 288.9 FOR THE WATERFRONT TRAIL Resolution #GPA-392-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-118-06 be received; THAT the license agreements for recreational purposes be entered into with the Canadian National Railway Company lands at Mile 288.9 under the access bridge to Wilmot Creek Retirement Community, Part of Lot 3, Broken Front Concession, former Township of Darlington; THAT By-laws authorizing the Mayor and Clerk to execute the agreement for the above noted license be adopted; THAT Council authorize staff and the municipal Solicitor to take all necessary steps to finalize this license agreement; and THAT all interested parties listed in Report PSD-118-06 and any delegations be advised of Council's decision. CARRIED -4 - 304 General Purpose and Administration Committee Minutes December 11, 2006 ENFIELD TRANSFORMER STATION — CLASS ENVIRONMENTAL ASSESSMENT UPDATE Resolution #GPA-393-06 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-119-06 be received for information; THAT Hydro One be requested to provide a presentation to Council and meet with affected residents at a location within Clarington prior to finalizing the Notice of Completion of the Environmental Study Report; THAT Hydro One and the Ministry of the Environment be forwarded a copy of Report PSD-119-06; and THAT all interested parties listed in Report PSD-119-06 and any delegation be advised of Council's decision. CARRIED PORT GRANBY PROJECT — EXTENSION OF CONTRACT FOR MUNICIPAL PEER REVIEW SERVICES Resolution #GPA-394-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-120-06 be received; THAT the existing contract with Hardy Stevenson & Associates Limited, Toronto, for Consulting Services, Port Granby Long-Term Low-Level Radioactive Waste Management Project, be extended to the end of 2008; THAT the total funds required be expensed to Account# 100-50-385-10175-7160; THAT the By-law, Attachment 1 to Report PSD-120-06, authorizing the Mayor and Clerk to execute the agreement, be approved; and THAT the interested parties be advised of Council's decision. CARRIED 305 General Purpose and Administration Committee Minutes December 11, 2006 CANADIAN URBAN ARCHETYPES PROJECT: URBAN FORM AND ENERGY CONSUMPTION Resolution #GPA-395-06 Moved by Councillor Foster,seconded by Councillor Hooper THAT Report PSD-121-06 be received for information. CARRIED Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2006 Resolution #GPA-396-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report EGD-052-06 be received for information. CARRIED CLARNEW SUBDIVISION PHASE 1, NEWCASTLE, PLAN 40M-1976, `CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-397-06 Moved by Councillor Novak, seconded by Councillor Trim THAT Report EGD-053-06 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works,constructed within Plan 40M-1976; and THAT Council approve the By-laws attached to Report EGD-053-06, assuming certain streets within Plans 40M-1976 and 40R-17504 as public highways. CARRIED .6 . 306 General Purpose and Administration Committee Minutes December 11, 2006 PORT OF NEWCASTLE SUBDIVISION, NEWCASTLE PHASE 1 STAGE 1A, PLAN 40M-1984 (PART OF) AND PHASE 1 STAGE 2, PLAN 40M-2003 `CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-398-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report EGD-054-06 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plans 40M-1984 and 40M-2003; and THAT Council approve the By-laws attached to Report EGD-054-06, assuming certain streets within Plans 40M-1984 and 40M-2003 as public highways. CARRIED ST. STEPHENS ESTATES SUBDIVISION PHASE 1, BOWMANVILLE, PLAN 40M-1 977, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-399-06 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report EGD-055-06 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1977; and THAT Council approve the By-laws attached to Report EGD-055-06, assuming certain streets within Plan 40M-1977 as public highways. CARRIED OPERATIONS DEPARTMENT There were no reports considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. -7 - 307 General Purpose and Administration Committee Minutes December 11, 2006 EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT —OCTOBER 2006 Resolution #GPA-400-06 Moved by Councillor Foster, seconded by Councillor Novak THAT Report ESD-012-06 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT PET PLAN INSURANCE SHELTER PARTNERSHIP PROGRAM - UPDATE Resolution #GPA-401-06 Moved by Councillor Foster, seconded by Councillor Trim THAT Report CLD-025-06 be received for information. CARRIED PROPOSED NEW RESPONSIBLE PET OWNER BY-LAW AND KENNEL BY-LAW Resolution #GPA-402-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT the Addendum to Report CLD-022-06 be received; THAT the Kennel By-law (Attachment 2 to Addendum to Report CLD-022-06) be forwarded to Council for approval; THAT the Responsible Pet Owner By-law (Attachment 1 to Addendum to Report CLD-022-06) be forwarded to Council for approval; and THAT Animal Alliance of Canada, the Animal Advisory Committee, and all interested parties listed in Addendum to Report CLD-022-06 be advised of Council's decision and forwarded a copy of the By-laws. CARRIED 308 General Purpose and Administration Committee Minutes December 11, 2006 Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CONFIDENTIAL REPORT REGARDING A PERSONNEL MATTER Resolution #GPA-403-06 Moved by Councillor Hooper, seconded by Councillor Foster THAT Confidential Report COD-062-06 be referred to the end of the agenda to be considered in a "closed" meeting. CARRIED TENDER AWARDS COUNCIL BREAK Resolution #GPA-404-06 Moved by Councillor Novak, seconded by Councillor Foster THAT Report COD-063-06 be received; and THAT By-law attached to Report COD-063-06, marked Schedule "C" authorizing the Mayor and Clerk to enter into the necessary agreement, be approved. CARRIED FINANCE DEPARTMENT CONFIDENTIAL REPORT REGARDING A SECURITY MATTER Resolution #GPA-405-06 Moved by Councillor Foster, seconded by Councillor Trim THAT Confidential Report FND-017-06 be referred to the end of the agenda to be considered in a'closed" meeting. CARRIED - 9 - 309 General Purpose and Administration Committee Minutes December 11, 2006 LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES Resolution #GPA-406-06 Moved by Councillor Novak, seconded by Councillor Foster THAT Report FND-018-06 be received; and THAT the list (Attachment 1 to Report FND-018-06) of applications for cancellation, reduction, apportionments or refund of taxes be approved. CARRIED CASH ACTIVITY—THIRD QUARTER OF 2006 Resolution #GPA-407-06 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-019-06 be received; THAT in accordance with provision of Chapter 25, Section 286 of the Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the third quarter of the year 2006, as shown on the attached schedule (Part A to Report FND-019-06); and THAT Part "A"to Report FND-019-06 of the expenditures for the third quarter of the year be confirmed. CARRIED CHIEF ADMINISTRATIVE OFFICE There were no Reports considered under this section of the Agenda. UNFINISHED BUSINESS Resolution #GPA-408-06 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting be "closed" to allow for consideration of Confidential Report COD-062-06 regarding a personnel matter and Confidential Report FND-017-06 regarding a security matter. CARRIED The meeting resumed in "open" session at 10:34 a.m. - 10 - 310 General Purpose and Administration Committee Minutes December 11, 2006 RATIFY ACTIONS Resolution #GPA-409-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT the actions taken at the "closed" meeting be ratified. CARRIED OTHER BUSINESS Resolution #GPA-410-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT in accordance with Section 226 of the Municipal Act, 2001, c.25, during the four- year term of Council (2006 through to 2010), Regional Councillor Wards 1 and 2 and Regional Councillor Wards 3 and 4 be appointed as the Deputy Mayor for the Municipality of Clarington on an alternating year-about schedule beginning with Regional Councillor Wards 3 and 4; and THAT the appropriate by-law be forwarded to Council for approval, forthwith. CARRIED Resolution #GPA-411-06 Moved by Councillor Foster, seconded by Councillor Robinson THAT the correspondence dated November 14, 2006 from Deborah Bowen, Deputy Clerk, Regional Municipality of Durham, requesting Council's nominees to the Conservation Authorities be received; THAT the Municipality of Clarington nominate the following members of Council to the various Conservation Authorities: Central lake Ontario Conservation Councillor Mary Novak, and Authority Councillor Adrian Foster Kawartha Conservation Councillor Ron Hooper Ganaraska Conservation Authority Councillor Gord Robinson, and Councillor Charlie Trim And; THAT the Regional Municipality of Durham be advised of Council's decision, forthwith. CARRIED 311 General Purpose and Administration Committee Minutes December 11, 2006 ADJOURNMENT Resolution #GPA-412-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 10:38 a.m. CARRIED MAYOR DEPUTY CLERK - 12 - 312 PUBLIC MEETING CORPORATION F THE REPORT # PSD-001 ENTS ■lll■�i.J�JI.. a/r/r,`11,/lei/..a�. MUNICIPALITY OFCLARINGTON BARR'S DEVELOPMENTS LTD. teadi�:g die way NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: BARR'S DEVELOPMENTS LTD. AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW 84-63 AND AN APPLICATION FOR A DRAFT PLAN OF SUBDIVISION TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment, a proposed Zoning By-law Amendment, and a Draft Plan of Subdivision under Sections 17, 34 and 51 respectively of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed draft plan of subdivision submitted by Barns Developments Ltd., would permit the development of nine (9) single detached dwelling units by amending the Official Plan and Zoning By-law to expand the Bond Head rural cluster boundary. The subject property is located in Part Lot 27, Broken Front Concession,former Township of Clarke as shown on reverse. Planning File Nos.: S-C-2006-0002, COPA2006-0003,ZBA2006-0029 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,January 8,2007 TIME, 9:30 a.m. PLACE: Council Chambers,2"d 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 January 15, 2007, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, January 10, 2007 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan Amendment and approval of the Zoning By-law Amendment and Draft Plan of Subdivision, you must submit a written request to the Clerk's Department,2nd Floor, 40 Temperance Street, Bowmanville,Ontario L1C 3A6. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Susan Ashton at (905) 623-3379 extension 218 or by e-mail at sashtonCa.clarinoton.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 and Draft Plan of Subdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Official Plan Amendment is adopted or the Zoning By-law Amendment and Draft Plan of Subdivision are approved, the Ontario Municipal Board may dismiss all oepart of the appeal. Dated a Municipality of Clarington this 611'day of December, 2006. D i romei�R.P.P. 40 Temperance Street Dire or of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 Fnj _— yy QJEEN VICTORIA STREET _ 4i E) � I T L— QLM VXTOliA STREET O" I. l.w 1 ..RCY srReEr ® m..N,TNNU 3 aow NLOVAVCE uarE�.> <,l m R°.m w.«.. FGp I � ■ • I I _� I 4 • I I m TUN STREET Li LAKE ° 4 n N ans NW N N ° z o u aRNNN r IRE W ° 6 ' dwn NN � z N W yy- Y 6 ° K N WM.W Mme. 1 1114...1�aJ �oFaa ONTARIO NN10 1 .. Property Location Map(Newcastle) ZBA 2006-0029 ZONING BY-LAW AMENDMENT COPA 2006-0003 Clarington Official Plan Amendment SC 2006-0002 Draft Plan of Subdivision Amendment Owner: Bares Development Ltd. Clarin�jVW�/ �n Leading the Way�J REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 8, 2007 Report#: PSD-001-07 File#: S-C-2006-0002 By-law#: COPA2006-0003 and ZBA2006-0029 Subject: APPLICATION FOR PROPOSED PLAN OF SUBDIVISION, OFFICAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICANT: BARR'S DEVELOPMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-001-07 be received; 2. THAT the applications for Official Plan amendment, a proposed Plan of Subdivision, and Zoning By-law amendment submitted by Bares Developments Limited be referred back to staff for further processing and the 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: Reviewed by: d rome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer SA/CP/DJC/df 19 December 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 601 REPORT NO.: PSD-001-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Agent D.G. Biddle &Associates Ltd 1.2 Owner Barr's Developments Limited 1.3 Plan of Subdivision: Residential plan of subdivision consisting of 9 single detached dwellings. Official Plan Amendment To permit a minor expansion to the Rural Residential Cluster of Bond Head. Zoning Bv-lawAmendment To rezone the subject lands from the "Agricultural Exception(A-1) Zone"to an appropriate zone to permit the expansion of the rural cluster of Bond Head to include nine (9) additional residential lots. 1.4 Site Area: 4.492 he 2.0 LOCATION 2.1 The subject lands are located in the Rural Cluster of Bond Head located east of Newcastle Village (Attachment 1). The property is contained within Part Lot 27, Broken Front Concession, in the former Township of Clarke. 3.0 BACKGROUND 3.1 On October 18, 2006, Barr's Developments Limited submitted three (3) referenced Planning Act applications to the Municipality of Clarington for the development of nine (9) dwelling units. A Planning Report and Hydrogeological Assessment Report accompanied the application. In accordance with Regional policy, a peer review of the hydrogeological report will be undertaken. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property is currently vacant and has frontage along Queen Victoria Street, Park Lane and Boulton Street. The property is a greenfield site that has previously been used for agriculture. 602 REPORT NO.: PSD-001-07 PAGE 3 4.2 Surrounding Uses: North: vacant agricultural lands South: single detached dwellings in the rural cluster East: single detached dwellings in the rural cluster West: single detached dwellings in the rural cluster 5.0 PROVINCIAL POLICY 5.1 The proposed subdivision application is not within the Greenbelt. However, the Growth Plan (2006) and the Provincial Policy Statement (2005) are applicable provincial policy for this application. The subject lands are affected by the Agricultural and Rural Area policies of the Growth Plan. Both the Growth Plan and the Provincial Policy Statement promote intensification and the better use of land and infrastructure. The Provincial Policy Statement permits limited residential development in rural areas and states that development shall be appropriate to the infrastructure which is available. It shall also avoid the need for the unjustified or uneconomical expansion of infrastructure, and development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. The Growth Plan states that population growth will be accommodated by directing development to settlement areas. Settlement areas include rural settlement areas, in this instance a rural cluster, where development is concentrated. If the lands have not been designated in the Official Plan for development over the long term, the settlement area may be no larger than the area where development is concentrated. The Growth Plan also states that new multiple lots and units for residential development may be allowed in rural areas in site-specific locations with an approved designation that permits this type of development in a municipal official plan, effective at the date of the Growth Plan (June 16, 2006). Bond Head is a Rural Residential Cluster that is permitted to accommodate up to a maximum of 50 residential lots. Although the speck lands are not designated, the policy is in place to permit the limited growth of the cluster. As the subject lands will be serviced by an existing municipal water service and accessed by existing municipal roads, Staff finds the applications to make efficient use of existing infrastructure. Although it is an expansion to the rural cluster, the expansion is an infill between two existing portions of the rural cluster (Attachment 2). The applications do not seek to expand the cluster beyond the area where development is concentrated. Staff finds the applications in conformity with the Growth Plan and the Provincial Policy Statement. 6.0 OFFICIAL PLAN 6.1 Durham Regional Official Plan The subject lands are designated "Waterfront Area" in the Durham Regional Official Plan. Lands designated "Waterfront Area" require that a development shall not 603 REPORT NO.: PSD-001-07 PAGE 4 negatively impact key natural heritage or hydrologic features. Development shall also make provision for public access to the waterfront. The provisions for the Bond Head rural cluster, to contain a maximum of 50 lots, was deleted through Amendment 114, the amendment implementing the Durham Regional Official Plan Review. 6.2 Clarington Official Plan The lands are designated "Waterfront Greenway" in the Clarington Official Plan and are located adjacent to the Rural Residential Cluster of Bond Head. The Rural Residential Cluster policies state that no expansion to the limits of Cluster are permitted once the area of the Cluster has been defined through Zoning By-law. The owner has submitted an application to amend this policy. There is also a specific policy within the Clarington Official Plan that states a maximum of 50 residential lots is permitted in the Rural Residential Cluster of Bond Head, that the lots shall be in the form of infilling, shall be connected to the municipal water supply system and shall have a minimum lot area of 2,500 0. The application provides for infilling of the existing cluster development, although not within the existing cluster limits. 7.0 ZONING BY-LAW 7.1 The subject lands are currently within the "Agricultural Exception (A-1) Zone". The applicant has applied to rezone the property to permit the proposed subdivision development. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site, as well as to all landowners within the existing Bond Head Cluster limits. Also, three (3) public meeting notice signs were installed on the property along the Queen Victoria Street, Boulton Street and Park Lane frontages. 8.2 To date, no inquiries have been received following the sign being posted and notice mailed out. 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from Clarington Engineering Services, Clarington Emergency Services, Clarington Community Services, Clarington Building Division, Ganaraska Region Conservation Authority, Kawartha Pine Ridge School Board, Hydro One Networks Inc., Bell, Enbridge, Rogers and Clarington Heritage Committee. These comments have been forwarded to the applicant for review. 604 REPORT NO.: PSD-001-07 PAGE 5 9.2 Clarington Emergency Services, Clarington Building Division, Clarington Community Services and Rogers have no objection to this development application. 9.3 Comments from Clarington Engineering Services provide no objection to the Official Plan Amendment or Zoning By-law Amendment and provide preliminary comments on the subdivision application. They have advised or requested the following: • The Darcy Street unopened road allowance within the subject lands must be legally closed and conveyed into private ownership prior to approval of this plan. The Owner is required to obtain the approval of Council for the road closure and meet all the requirements pertaining to the legal closure of road allowances. All costs will be borne by the applicant. • A 5.0 m x 5.0 m sight triangle is required at the intersection of Park Lane and Queen Victoria Street. • The Preliminary Grading Plan to be submitted must conform to current Municipal guidelines. • A storm water management report which demonstrates existing drainage patterns and. the existing municipal drainage infrastructure in the subject watershed area will not be adversely affected as a result of development. This report will also be subject to the approval of the Ganaraska Region Conservation Authority. • The applicant is required to provide the appropriate cash contribution in lieu of the normal paikland dedication. 9.4 The Regional Planning Department will not require a Regional Official Plan Amendment however the local official plan amendment application is not exempt from Regional approval. Full comments evaluating the applications have not yet been received from the Region. 9.5 Ganaraska Region Conservation Authority has no objection to the development of these lands as there are no natural hazards or natural heritage features affecting the subject property. Due to the proximity to Lake Ontario quantity control of stormwater in an on- site detention facility is not required. However further work to demonstrate the existing road-side ditches and culverts can convey the increased run-off from the site needs to be submitted. 9.7 Comments are outstanding from: • Both the French and English Separate School Boards and the French Public School Board; and ■ Region of Durham 10.0 STAFF COMMENTS 10.1 The application is for development of nine (9) residential dwelling units in the Rural Residential Cluster of Bond Head. The proposed dwellings will all be single detached homes, serviced by municipal water and private septic systems. Each dwelling will be accessed from an existing municipal street — Boulton Street, Park Lane or Queen Victoria Street. 605 REPORT NO.: PSD-001-07 PAGE 6 10.2 This cluster is a historical settlement with homes dating back to the late 1800's. Given the heritage character of the area, the Clarington Heritage Committee has suggested that the developer design dwellings in the architectural style of the existing dwellings. 10.3 Bond Head is a cluster with an unusual geography. Typically clusters are located at the intersection of two crossroads and the dwellings would be clustered on one or more quadrants of the intersection. Bond Head currently is in the shape of a "U" with a parcel of agricultural land in the middle. These applications seek to fill in the centre of the "U" shape with nine (9) additional residential lots. Attachment 2 illustrates the currently zoned limits of the Rural Residential Cluster of Bond Head which contains 40 existing lots, and potential for a total of 42 lots within the existing limits. 10.4 Due to the proximity of the existing cluster on the east, west and south sides of the subject lands, there are limited agricultural uses, permitted. Ontario Ministry of Agriculture and Food's Minimum Distance Separation policies prohibit the development of any intensive livestock operations on the subject parcel 10.5 Municipal water service is available in Bond Head and there is capacity in the existing pipe for these proposed lots. Each lot will be individually serviced by a private septic system and is subject to Regional Health Unit approval. 10.6 The Municipality has been acquiring waterfront lands in Bond Head. Staff will be reviewing the proposal to determine the best approach for parkland development in the area. 11.0 CONCLUSIONS 11.1 In consideration of the issues raised and the agency comments not received at the writing of this report, 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. Attachments: Attachment 1 —Key Map Attachment 2— Map of Rural Residential Cluster of Bond Head Attachment 3 — Official Plan Amendment Interested parties to be notified of Council and Committee's decision: D.G. Biddle &Associates Ltd. Barr's Developments Limited 606 MORE i Attachment 2 To Report PSD-001-07 ru METCALF STREET i::71°i:::+ii++.''-,•ia;irc'ri':'-° ru �I ;::?.::i.::::ia:Y;a:�;•..::ij Greenbelt STREET �• Area Boundary :::r:a:...: 1 ..` .':` : . QUEEN VICTORIA STREET "'S"•`"� ' �'I��.''' i ': . i�fib:;t::•S;:j:sa:;?!;y; siSi�.ii:: TREET %'•t•' ,�:'.14s y •Yy'"_;'. ,:;Subject, .. •>:;:a:: r v:ti.,, rtr.al.•_ ..•: .•i .;..::. . .::�.,,. is R'3'.lfHir ! i�ft)r•r<i:y iJ::i.'it l..j Newcastle Villaget - Urban Boundary �.. ..::.�;'::�;.:•.•::F.. 7° Y ..: 4;-icaaii is fi,:•L.?! C.;:� :.:+.•rte ^:.:•-.: BOVLTON ST ' !anrt•� :y tit}v'•� _ is Y:v !:1si•; n/ Lake Ontario Rural Residential Cluster of Bond Head huacnmcnL a .a To Report PSD-001-07 AMENDMENT NO. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Municipality of Clarington Official Plan is to permit the approval of a 9 lot residential subdivision within a minor expansion of the Bond Head Rural Residential Cluster. LOCATION: The subject site is located north of Bolton Street, west of Park Lane, Bond Head, within part of Lot 27, Broken Front Concession, Former Township of Clarke now in the Municipality of Clarington. BASIS: This amendment is based on the resolution of the General Purpose and Administration Committee on with respect to Official Plan Amendment Application ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by adding a new Section 12.6.5 as follows: 12.6.5 Notwithstanding Section 12.6.2 and any other provisions of this Plan to the contrary the property north of Bolton Street, west of Park Lane, Bond Head, may be rezoned to permit a minor expansion of the Bond Head Rural Residential Cluster." IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding implementation of the Plan shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. 609 Clarin��W� )n Leading the Way�/ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, January 8, 2007 Report#: PSD-002-07 File No's: A2006-0005, A2006-0016 By-law#: A2006-0030, A2006-0031, A2006-0032, A2006-0034 TO A2006-0039 Inclusive, A2006-0041 to A2006-0049 Inclusive Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF SEPTEMBER 28, OCTOBER 12, NOVEMBER 2, NOVEMBER 16 AND NOVEMBER 30, 2006. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-002-07 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on September 28, October 12, November 2, November 16, and November 30, 2006 for applications A2006-0005, A2006-0016, A2006-0030, A2006-0031, A2006-0032, A2006- 0034, A2006-0035, A2006-0036, A2006-0037, A2006-0038, A2006-0039, A2006-0041, A2006-0042, A2006-0043, A2006-0044, A2006-0045, A2006-0046, A2006-0048 and A2006-0049 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and 3. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on September 28, 2006 for application A2006- 0032 and on November 16, 2006 for application A2006-0047 is not warranted; Submitted by- Reviewed by David J. Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer PW*CP*DC*sh December 12, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 610 REPORT NO.: PSD-002-07 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 applications and the Committee's decisions are detailed in Attachment 1. As a result of the municipal elections, staff have not prepared a monitoring report the Committee of Adjustment since September. The decisions of the Committee and staff recommendations are summarized below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR SEPTEMBER 28, OCTOBER 12, NOVEMBER 2, NOVEMBER 16, AND NOVEMBER 30, 2006 Application Number Staff Recommendation Decision of Committee Se `terntei 23 200$ Tabled until next meeting A2006-0005 Approve after 12 October 2006 A2006-0016 Deny Denied A2006-0031 Table Tabled up to 120 days A2006-0032 Table Approved A2006-0034 Approve Approved A2006-0035 Approve Approved A2006-0036 Approve Approved A2006-0037 Approve Approved A2006-0038 Approve Approved A2006-0039 Approve Approved Qctobe 1'2, 20th A2006-0030 Approve Approved A2006-0041 Table Tabled up to 90 days A2006-0042 Approve Approved A2006-0043 Approve Approved November�� A2006-0005 Approve Approved A2006-0044 Approve Approved A2006-0045 Approve Approved A2006-0046 Approve Approved November 1G 200 ' A2006-0041 Approve Approved A2006-0047 DenX Approved November 30,.20Q1f A2006-0048 Approve Approved A2006-0049 Approve ADDroved 611 REPORT NO.: PSD-002-07 PAGE 3 1.2 Application A2006-0005 was filed to permit the construction of an apartment building by increasing the maximum height from 12 metres to 13.6 metres, by increasing the maximum density from 80 units to 152 units per Ha and by decreasing the exterior side yard setback from 3 metres to 2 metres. This variance was first heard by the Committee on March 30th, 2006. At that meeting the Committee followed Staffs recommendation and tabled the application for not more than one year in order to conduct a thorough review of the site plan for the proposed development. By August of 2006, Staff was satisfied that all site plan issues had been identified and addressed and placed the application back onto the agenda for the next meeting of the Committee of Adjustment (September 14th, 2006). When this application came to be heard a second time on September 14"', 2006, no change had been made to the original application and therefore a recirculation of the application to nearby property owners or commenting agencies was not required under the Planning Act. The Committee expressed the concern that by not re-circulating the application once again to area residents Staff may be missing out on relevant public comments. Therefore, the Committee chose to table the application and allow enough time for a recirculation of the notice to nearby property owners and a reposting of the notice sign on the subject property. The recirculation and reposting of the notice sign were completed and on November 2nd, 2006 the Committee heard this application a third time. Satisfied that all relevant information had now been presented, and together with the Letter of Undertaking supplied by the developer, the Committee chose to accept Staffs recommendation and approve this application. 1.3 Application 2006-0032 was filed to permit the construction of a detached garage by increasing the maximum permitted lot coverage from 40% to 44% of the main building. After the initial circulation of this application a site inspection conducted by Staff revealed a greater number of existing accessory buildings on the property than had been originally reported. As a result, the calculation of lot coverage of the main building increased from 44% to 62%. It was Staffs opinion that they could still support the application at the increased amount but only after the new information was re-circulated to the nearby property owners and commenting agencies. Therefore, Staff recommended tabling the application to allow for recirculation. The Committee determined that a recirculation was not necessary and chose to approve the amended application. Since Staff had principally supported the overall application a Staff appeal of the Committee's decision was deemed to be unnecessary. 612 REPORT NO.: PSD-002-07 PAGE 4 1.4 Application A2006-0047 was filed to permit construction of an accessory building by increasing the maximum permitted lot coverage from 40% to 70% of the main dwelling. After the initial circulation of this.application a site inspection by Staff and a recalculation of the floor area of the home revealed a greater increase to the lot coverage of the main dwelling than had been originally been proposed. The recalculation showed that the proposed accessory building would be 72.5% of the main dwelling and not 70% as originally thought. It was Staffs opinion that the proposed accessory building would be oversized for its intended use as a hobby garage and was not minor in nature, desirable nor was it in conformity with the Zoning By-law. Therefore, Staff recommended denial of the application as applied for. The Committee weighed Staffs opinion against the information presented by the applicant and decided to approve the application as applied for. Due to the nature of the variance and the limited impact on other properties, an appeal of this decision was deemed to not be in the best interest of the Municipality. However, should an appeal be lodged by another party, Staff have requested that Council authorize them to appear before the Ontario Municipal Board to defend their original recommendation. 2.0 COMMENTS 2.1 Staff has reviewed the Committee's decisions and are satisfied that all of the above — referenced applications, with the exception of A2006-0016, A2006-0031 and A2006- 0047 are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment I 613 Attachment 1 To Report PSD-002-07 Leading the Way V PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: CCCC DURHAM WEST LTD. OWNER: CCCC DURHAM WEST LTD. PROPERTY LOCATION: 65 SHIPWAY AVENUE, NEWCASTLE VILLAGE PART LOT 28 & 29, CONCESSION BF FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2006-0005 PURPOSE: TO PERMIT CONSTRUCTION OF AN APT BUILDING BY INCREASING MAX HEIGHT FROM 12M TO 13.6M, BY INCREASING MAX DENSITY FROM 80 UNITS TO 152 UNITS PER HA & BY DECREASING EXTERIOR SIDE YARD SETBACK FROM 3M TO 2M. DECISION OF COMMITTEE: TO TABLE THE APPLICATION UNTIL THE NEXT MEETING FOLLOWING OCTOBER 12, 2006 TO ALLOW COMMITTEE TIME TO REVIEW THE APPLICATION AND REVISIT THE SITE AND TO REQUEST STAFF GIVE NOTICE OF THE NEXT MEETING TO BE HELD BY SIGN AND MAIL OUT TO ALL RESIDENTS WITHIN 60 METRES OF THE SUBJECT PROPERTY. DATE OF DECISION: September 28, 2006 LAST DAY OF APPEAL: October 18, 2006 614 Clarington Leading the Way - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: CCCC DURHAM WEST LTD. OWNER: CCCC DURHAM WEST LTD. PROPERTY LOCATION: 65 SHIPWAY AVENUE, NEWCASTLE VILLAGE PART LOT 28 & 29, CONCESSION BF FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2006-0005 PURPOSE: TO PERMIT CONSTRUCTION OF AN APT BUILDING BY INCREASING MAX HEIGHT FROM 12M TO 13.6M, BY INCREASING MAX DENSITY FROM 80 UNITS TO 152 UNITS PER HA & BY DECREASING EXTERIOR SIDE YARD SETBACK FROM 3M TO 2M. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN APARTMENT BUILDING BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 12M TO 13.6M BY INCREASING THE MAXIMUM DENSITY PERMITTED FROM 80 UNITS TO 152 UNITS PER HA AND BY DECREASING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 3M TO 2M WITH THE UNDERSTANDING THAT THE MUNICIPALITY WILL SEEK A SITE SPECIFIC REZONING TO ENSURE THAT THE DENSITY LIMITS ESTABLISHED IN THE LETTER TO THE MUNICIPALITY FROM THE APPLICANT DATED OCTOBER 26, 2006 BE PUT IN PLACE AS IT IS MINOR IN NATURE, NOT DETRIMENTAL AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: November 2, 2006 LAST DAY OF APPEAL: November 18, 2006 615 Clar�tgton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: BERNIE KATONA OWNER: BERNIE KATONA PROPERTY LOCATION: 14 ANN STREET, BOWMANVILLE PART LOT 11, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2006-0016 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ABOVE-GROUND SWIMMING POOL WITHIN AN ENVIRONMENTAL PROTECTION (EP) ZONE. DECISION OF COMMITTEE: TO DENY THE CONSTRUCTION OF AN ABOVE-GROUND SWIMMING POOL WITHIN AN ENVIRONMENTAL PROTECTION ZONE AND TO HAVE THE EXISTING POOL REMOVED FORTHWITH. DATE OF DECISION: September 28, 2006 LAST DAY OF APPEAL: October 18, 2006 616 Clar�ngton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OVIDIO SBRISSA ARCHITECT INC OWNER: GREG POTTER PROPERTY LOCATION: 132 COVE ROAD, BOWMANVILLE PART LOT 11, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2006-0030 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 8 METRES TO 6 METRES. DECISION OF COMMITTEE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 8 METRES TO 6 METRES CONDITIONAL THAT TWO (2) OUTDOOR PARKING SPACES BE PROVIDED TO MUNICIPAL STANDARD AND THAT THE PARKING SPACES NOT BE LOCATED WITHIN THE SIGHT TRIANGLE FORMED BY THE INTERSECTION OF THE NORTH/SOUTH AND EASTNVEST COVE RD AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: October 12, 2006 LAST DAY OF APPEAL: November 1, 2006 617 Clari�gton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: RAY ABBOTT OWNER: VINCENT D'CRUZ PROPERTY LOCATION: 105 CEDAR CREST BEACH ROAD, BOWMANVILLE PART LOT 12, CONCESSION BF FORMER TOWN(SHIP) OF FILE NO.: A2006-0031 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED NORTH EASTERLY INTERIOR SIDE YARD SETBACK FROM 3.0 METRES TO 1.8 METRES. DECISION OF COMMITTEE: TO TABLE THE APPLICATION FOR UP TO ONE HUNDRED AND TWENTY (120) DAYS TO ALLOW THE APPLICANT TIME TO RECEIVE APPROVALS FROM CENTRAL LAKE ONTARIO CONSERVATION AND HEALTH DEPARTMENT. DATE OF DECISION: September 28, 2006 LAST DAY OF APPEAL: October 18, 2006 618 Clarington Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: WILLIAM FORBES OWNER: WILLIAM FORBES PROPERTY LOCATION: 3789 LIBERTY STREET NORTH, DARLINGTON PART LOT 10, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0032 PURPOSE: TO PERMIT CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 62% OF THE MAIN BUILDING. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 62% OF THE MAIN BUILDING AS IT IS MINOR IN NATURE, NOT DETRIMENTAL FOR THE NEIGHBOURHOOD AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: September 28, 2006 LAST DAY OF APPEAL: October 18, 2006 619 Clarington LeadinglheWay PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: 1656772 ONT LTD OWNER: 1656772 ONT LTD PROPERTY LOCATION: 75 COURTICE COURT, COURTICE PART LOT 28, CONCESSION BF FORMER TOWN(SHIP) OF FILE NO.: A2006-0034 PURPOSE: TO REDUCE THE WESTERN INTERIOR SIDEYARD SETBACK FROM 3.0 METRES TO 2.92 METRES DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: September 28, 2006 LAST DAY OF APPEAL: October 18, 2006 620 Clarington Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ROGER W. YATES OWNER: JOHN YATES PROPERTY LOCATION: 26 GEORGE MANNERS STREET, CLARKE PART LOT 27, CONCESSION BF FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2006-0035 PURPOSE: TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 4,000 M2 TO 1,780.94 M2 (+/- 50M2), IN ORDER TO ACCOMMODATE A BOUNDARY REALIGNMENT (LD142- 2006), TO REDUCE THE MINIMUM REQUIRED REAR YARD SETBACK OF THE RURAL CLUSTER EXCEPTION 'RC-1" PORTION OF THE LOT FROM 7.5 METRES TO .0 METRES AND TO REDUCE THE MINIMUM REQUIRED WESTERN INTERIOR SIDE YARD SETBACK OF THE AGRICULTURAL EXCEPTION "A-1" PORTION OF THE LOT FROM 2 METRES TO 0 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: September 28, 2006 LAST DAY OF APPEAL: October 18, 2006 621 Clarington Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TUNNEY PLANNING OWNER: 2044356 ONTARIO LTD. PROPERTY LOCATION: PART LOT 11, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2006-0036 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SEMI-DETACHED DWELLING BY REDUCING THE REQUIRED EXTERIOR SIDE YARD FROM 6.0 METRES TO 5.0 METRES TO THE DWELLING, FROM 4.5 METRES TO 3.6 METRES TO THE UNENCLOSED PORCH AND FROM 4.5 METRES TO 3.39 METRES TO THE PORCH STEPS. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: September 28, 2006 LAST DAY OF APPEAL: October 18, 2006 622 Qing the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TUNNEY PLANNING OWNER: 2044356 ONTARIO LTD. PROPERTY LOCATION: PART LOT 11, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2006-0037 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SEMI-DETACHED DWELLING BY REDUCING THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES TO 4.75 METRES TO THE DWELLING, FROM 4.5 METRES TO 3.55 METRES FOR THE PORCH AND FROM 4.5 METRES TO 3.13 METRES TO THE PORCH STEPS. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: September 28, 2006 LAST DAY OF APPEAL: October 18, 2006 623 Clarington ceaa��8 rte y PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TUNNEY PLANNING OWNER: 2044356 ONTARIO LTD. PROPERTY LOCATION: PART LOT 2, CONCESSION 11 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2006-0038 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SEMI-DETACHED DWELLING BY REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES TO 5.5 METRES, FROM 4.5 METRES TO 4.45 METRES FOR THE PORCH AND FROM 4.5 METRES TO 4.03 METRES FOR THE STEPS. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: September 28, 2006 LAST DAY OF APPEAL: October 18, 2006 624 Qing the y PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OVIDO SBRISAA ARCHITECTS INC. OWNER: PETER SAINOVSKI PROPERTY LOCATION: 123 KING AVENUE WEST, NEWCASTLE VILLAGE PART LOT 28, CONCESSION 1 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2006-0039 PURPOSE: TO REDUCE THE REQUIRED WIDTH OF A LOADING SPACE FOR AN EXISTING COMMERCIAL USE FROM 4.0 METRES TO 3.0 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE OFFICIAL.PLAN AND ZONING BY-LAW. DATE OF DECISION: September 28, 2006 LAST DAY OF APPEAL: October 18, 2006 625 Clarington Leading fhe Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: R G RICHARDS &ASSOCIATES OWNER: FIRST CAPITAL (BOWMANVILLE) CORP PROPERTY LOCATION: 243 KING STREET EAST, BOWMANVILLE PART LOT 9, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2006-0041 PURPOSE: TO REDUCE THE REQUIRED LENGTH OF A PARKING SPACE FROM 5.7 METRES TO 5.2 METRES FOR A TOTAL OF 13 SPACES LOCATED AT THE EAST END OF THE MALL PROPERTY DIRECTLY IN FRONT OF SHOPPERS DRUG MART NORTH FACADE. DECISION OF COMMITTEE: TO TABLE THE APPLCIATION FOR UP TO NINETY (90) DAYS. DATE OF DECISION: October 12, 2006 LAST DAY OF APPEAL: November 1, 2006 626 Claringtor� Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: R G RICHARDS &ASSOCIATES OWNER: FIRST CAPITAL (BOWMANVILLE) CORP PROPERTY LOCATION: 243 KING STREET EAST, BOWMANVILLE PART LOT 9, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2006-0041 PURPOSE: TO REDUCE THE REQUIRED LENGTH OF A PARKING SPACE FROM 5.7 METRES TO 5.2 METRES FOR A TOTAL OF 13 SPACES LOCATED AT THE EAST END OF THE MALL PROPERTY DIRECTLY IN FRONT OF SHOPPERS DRUG MART NORTH FACADE. DECISION OF COMMITTEE: TO APPROVE THE REDUCTION OF THE REQUIRED LENGTH OF A PARKING SPACE FROM 5.7 METRES TO 5.2 METRES FOR A TOTAL OF 13 SPACES LOCATED AT THE EAST END OF THE MALL PROPERTY DIRECTLY IN FRONT OF SHOPPERS DRUG MART NORTH FACADE WITH THE FOLLOWING CONDITIONS: ➢ THE CONVERSION OF THE FIVE PARKING SPACES RESTRICTED BY THE LIGHT STANDARDS INTO THREE (3) DISABLED PARKING SPACES AND TWO (2) OVERSIZED PARKING SPACES; D THE INSTALLATION OF STOP SIGNS BEING ADDED TO CONTROL THE EASTNVEST TRAFFIC FLOW AS INDICATED ON THE ENCLOSED SITE PLAN; D THE INCREASE OF THE LENGTH/DEPTH OUT FROM THE BUILDING OF THE SIDEWALK PLATFORM TO BE IN-LINE WITH THE BACK EDGE OF THE PARKING STALLS PROVIDING THAT THIS ARRANGEMENT RECEIVES APPROVAL FROM CLARINGTON EMERGENCY SERVICES; ➢ THE INSTALLATION OF AN INTERMITTENT RAILING ALONG THE FRONT OF THE PARKING SPACES, OF A DESIGN ACCEPTABLE TO THE PLANNING SERVICES DEPARTMENT D THE INSTALLATION OF SIGNS INDICATING "SMALL CAR PARKING ONLY" OR "HANDICAP" PARKING SPOTS AS APPLICABLE ALONG OR NEXT TO THE INSTALLED RAILINGS; AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENTION OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: November 16, 2006 LAST DAY OF APPEAL: December 6, 2006 627 Qding the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: HENRY CHIU ARCHITECT OWNER: BOWMANVILLE HOTELS INC PROPERTY LOCATION: 35 SPICER SQUARE, BOWMANVILLE PART LOT , CONCESSION FORMER TOWN(SHIP) OF FILE NO.: A2006-0042 PURPOSE: TO PERMIT THE CONSTRUCTION OF A HOTEL AND CONVENTION CENTRE BY REDUCING THE REQUIRED NUMBER OF PARKING SPACES FROM 226 TO 175. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A HOTEL AND CONVENTION CENTRE BY REDUCING THE REQUIRED NUMBER OF PARKING SPACES FROM 226 TO 175 SUBJECT TO THE SITE PLAN REFLECTING AN EASEMENT CREATED BY LAND DIVISION FOR THE USE OF THE HOTEL'S SURPLUS 21 PARKING SPACES BY THE CONVENTION CENTRE AS IT IS MINOR IN NATURE, DESIRABLE AND IT CONFORMS TO THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: October 12, 2006 LAST DAY OF APPEAL: November 1, 2006 628 Clarington Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: KAREN REID OWNER: RODNEY REID PROPERTY LOCATION: 2506 CONCESSION RD 6, DARLINGTON PART LOT 13, CONCESSION 6 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0043 PURPOSE: TO PERMIT THE CONSTRUCTION OF A LIVESTOCK BUILDING CONTAINING 15 HORSES BY REDUCING THE AGRICULTURAL SETBACK FROM 300 METRES TO 95 METRES TO THE NEAREST NEIGHBOUR'S DWELLING AND TO REDUCE THE REQUIRED WESTERLY INTERIOR SIDE YARD SETBACK FOR THE LIVESTOCK BUILDING AND A PROPOSED IMPLEMENT BUILDING FROM 15 METRES TO 9 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A LIVESTOCK BUILDING CONTAINING 15 HORSES BY REDUCING THE AGRICULTURAL SETBACK FROM 300 METRES TO 105 METRES TO THE NEAREST NEIGHBOUR'S DWELLING AND TO REDUCE THE REQUIRED WESTERLY INTERIOR SIDE YARD SETBACK FOR THE LIVESTOCK AND FARM BUILDINGS FROM 15 METRES TO 9 METRESSUBJECT TO A CONCRETE SLAB FOR MANURE STORAGE AREA BE INSTALLED IN THE NORTH WEST CORNER OF THE EXISTING LIVESTOCK BUILDINGS WITHIN NINETY {90) DAYS AS IT IS MINOR IN NATURE. DATE OF DECISION: October 12, 2006 LAST DAY OF APPEAL: November 1, 2006 629 Clari�gton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: CAROL TAYLOR OWNER: WARREN TAYLOR PROPERTY LOCATION: 6 PETERS PIKE, ORONO PART LOT 27, CONCESSION 5 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2006-0044 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SUNROOM ADDITION ON AN EXISTING DWELLING BY REDUCING THE MINIMUM FRONT YARD SETBACK REQUIREMENT FROM 4.5 METRES TO 3.5 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A SUNROOM ADDITION ON AN EXISTING DWELLING BY REDUCING THE MINIMUM FRONT YARD SETBACK REQUIREMENT FROM 4.5 METRES TO 3.5 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: November 2, 2006 LAST DAY OF APPEAL: November 22, 2006 630 Clarington Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: KEN CAIN OWNER: KATHLEEN HOOEY PROPERTY LOCATION: 22 MCCALLUM STREET, HAMPTON PART LOT 19, CONCESSION 5 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0045 PURPOSE: TO REDUCE THE MINIMUM REQUIRED LOT FRONTAGE FROM 30 METRES TO 25.3 METRES AND TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 4000 M2 TO 2530 M2 AS REQUIRED AS A CONDITION OF APPROVAL FOR LD156/2006, FOR THE CREATION OF A NEW LOT. DECISION OF COMMITTEE: TO APPROVE THE REDUCTION OF THE MIN REQUIRED LOT FRONTAGE FROM 30 M TO 25.3 M AND TO REDUCE THE MIN REQUIRED LOT AREA FROM 4000 M2 TO 2530 M2 AS REQUIRED AS A CONDITION OF APPROVAL FOR LD152/2006, FOR THE CREATION OF A NEW LOT AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: November 2, 2006 LAST DAY OF APPEAL: November 22, 2006 631 Qding the ¢y PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: JOHN EISINGA OWNER: SUSAN EISINGA PROPERTY LOCATION: 2452 CONCESSION RD 4, DARLINGTON PART LOT 14, CONCESSION 4 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0046 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING BY REDUCING THE AGRICULTURAL SETBACK FROM 300 METRES TO 215 METRES FROM THE NEAREST LIVESTOCK BUILDING AT 2480 CONCESSION ROAD 4, FROM 300 METRES TO 140 METRES FROM THE NEAREST LIVESTOCK BUILDING AT 2448 CONCESSION ROAD 4 AND FROM 300 METRES TO 132 METRES FROM THE NEAREST LIVESTOCK BUILDING AT 2435 CONCESSION ROAD 4. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING BY REDUCING THE AGRICULTURAL SETBACK FROM 300 M TO 215 M FORM THE NEAREST LIVESTOCK BUILDING AT 2480 CONCESSION ROAD 4, FROM 300 M TO 140 M FROM THE NEAREST LIVESTOCK BUILDING AT 2448 CONCESSION ROAD 4 AND FROM 300 M TO 132 M FROM THE NEAREST LIVESTOCK BUILDING AT 2435 CONCESSION ROAD 4 SUBJECT TO THE CONDITIONS THAT A TEMPORARY POOL ENCLOSURE BE INSTALLED FORTHWITH AND THAT AN IF APPLICATION FOR A BUILDING PERMIT FOR THE PROPOSED ADDITION IS NOT APPROVED WITHIN THREE (3) MONTHS OF THE DATE OF APPROVAL OF THIS MINOR VARIANCE, EITHER A MINOR VARIANCE MUST BE SOUGHT FOR THE EXISTING ACCESSORY BUILDINGS AS THEY EXCEED THE MAXIMUM PERMITTED 40% OF THE EXISTING FLOOR AREA, OR THAT ANY SHED ABOVE THE MAXIMUM PERMITTED 40% SHALL BE REMOVED IMMEDIATELY.. DATE OF DECISION: November 2, 2006 LAST DAY OF APPEAL: November 22, 2006 632 Qing the W y PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: STEWART WOOD OWNER: STEWART WOOD PROPERTY LOCATION: 3545 CONCESSION RD 7, CLARKE PART LOT 26, CONCESSION 6 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2006-0047 PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 72.5% OF THE MAIN DWELLING. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR IN NATURE, DESIRABLE AND IT CONFORMS TO THE INTENTION OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: November 16, 2006 LAST DAY OF APPEAL: December 6, 2006 633 Qding the Way _ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: BENINGERS SURVEY OWNER: CLEARY HOMES PROPERTY LOCATION: 54 BINGHAM GATE, COURTICE PART LOT 35, CONCESSION 1 FORMER TOWN(SHIP) OF FILE NO.: A2006-0048 PURPOSE: TO REDUCE THE REQUIRED FRONT YARD SETBACK FOR AN ATTACHED PRIVATE GARAGE FROM 6.0 METRES TO 5.809 METRES. DECISION OF COMMITTEE: TO APPROVE THE REDUCTION OF THE REQUIRED FRONT YARD SETBACK FOR AN ATTACHED PRIVATE GARAGE FROM 6.0 METRES TO 5.809 METRES SUBJECT TO THE CONDITION THAT A "ROLL-UP" GARAGE DOOR BE INSTALLED AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENTION OF THE ZONING BY- LAW AND OFFICIAL PLAN. DATE OF DECISION: November 30, 2006 LAST DAY OF APPEAL: December 20, 2006 634 Qding the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: NEWCASTLE DRAFTING OWNER: BARBARA FORREST PROPERTY LOCATION: 4354 TRULLS ROAD, DARLINGTON PART LOT 31 & 32, CONCESSION 4 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0049 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM BUILDING HEIGHT FROM 10.5 METRES TO 12 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM BUILDING HEIGHT FROM 10.5 METRES TO 12 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENTION OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: November 30, 2006 LAST DAY OF APPEAL: December 20, 2006 635 Clarington REPORT Leading the Woy PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 8, 2007 Report#: PSD-003-07 File #: PLN 17.1.6 By-law#: Subject: ENVIRONMENTAL STEWARDSHIP PROGRAM UPDATE RECOMMENDATIONS: It is respectfully. recommended that General Purpose and Administration Committee recommend the following: 1. THAT Report PSD-003-07 be received for information. Submitted by: Reviewed by: D d6 0. Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer FL(DJC/df 12 December 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T (905)623-3379 F(905)623-0830 636 REPORT NO.: PSD-003-07 PAGE 2 1.0 BACKGROUND 1.1 In 2003 Council approved funding ($10,000) for an environmental stewardship programme that would encourage private groups to carry out works that improve municipal lands, such as valleylands and other natural areas. Since 2002, Council has provided funding on an annual basis to establish stewardship on an ongoing programme. 1.2 Initially, uptake of these stewardship funds was limited. It has taken some time to build awareness that funding is available for stewardship projects on municipal properties. At the same time, staff have been careful to direct private stewardship initiatives to the applicable conservation authority, Durham Land Stewardship Council (for Ministry of Natural Resources properties) and other programmes. 1.3 Each year Darlington OPG have sponsored a workshop known as "Environmental Convergence", where a number of the stewardship groups come together to discuss common issues, and explore new topics and themes. Planning Services Staff have participated in these workshops providing an overview of.the policy framework for land use planning and working with other partners on establishing criteria for a wildlife corridor along the lakefront. 2.0 GRANTS 2.1 General Guidelines When approving projects for funding, Staff have been careful to only fund projects that are on municipally owned properties, have in-kind contributions (labour and/or materials) and meet the overall concept plan for the area. Planning Services Staff work closely with Engineering and Operations staff to ensure that the project is in the best interests of the municipality. 2.2 2003 Works Plantings in the Bowmanville Valley along the pathway from Spry Avenue north. In-kind labour provided by Planning Services Staff and Valleys 2000. 2.3 2004 Works Creek crossing in Bowmanville Valley in partnership with Valleys 2000 and Courtice Secondary School students. The funding provided the lumber necessary for the project, the students built and installed the crossing. 2.4 2005 Works Boardwalk behind Courtice Complex in partnership with Courtice Secondary School students. The funding provided the lumber necessary for the project, 637 REPORT NO.: PSD-003-07 PAGE 3 again the students constructed the boardwalk in sections, in shop class, and then assembled it on site. Plantings in Soper Creek valley along the pathway from Visual Arts Centre north to Hobbs Avenue, in partnership with Valleys 2000 and Bowmanville High School students who provided the labour. 2.5 2006 Works In February of 2006 the Municipality hosted, in partnership with OPG a workshop for a number of environmental groups with Evergreen. Evergreen is a not-for- profit environmental group that provides advice and funding for environmental projects. The workshop was attended by approximately 25 people representing a number of different groups. The information provided during this workshop was extremely helpful to a number of these groups. The networking opportunities for the groups was also an important aspect of the workshop. Plantings in Soper Creek valley along the pathway from the Visual Arts Centre north in partnership with the Planning Services Department World Town Planning Day event and Bowmanville High School students. Sponsorship of a workshop for municipal staff from throughout the Region of Durham regarding private wells and septic systems and their impact on the environment. The workshop was provided by Dr. Mary Jane Conboy of the Well Wise Centre which will be opening in Orono early in 2007. The intent of this workshop was to educate municipal staff (building and planning) to ensure consistent messages and was provided across the Region to residents on wells and septic systems. Provided funding for the lumber for Boardwalk at Courtice Millenium Trail in partnership with Courtice Secondary School students. The students constructed the boardwalk in sections, in shop class, and then assembled it on site. 3.0 CONCLUSION 3.1 There has been good response to the grant program, to date over $15,000 has been spent; however, the value of the in-kind contributions is more than double that amount. In addition, the net gain for those involved has been an understanding and long-term commitment to the community and environmental stewardship. 3.2 Staff hope to continue to expand the environmental stewardship program in the coming year. 638 Clarington cead�g ene way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE' Date: Monday, January 8, 2007 Report#: PSD-004-07 File #: PLN 37.2 By-law#: Subject: BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend the following: 1. THAT Report PSD-004-07 be received for information. Submitted Y by: Reviewed by: David Crom , M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer FL*DJC*df 12 December 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 639 REPORT NO.: PSD-004-07 PAGE 2 1.0 BACKGROUND 1.1 On December 15th, 2003 Council approved the preparation of a Community Improvement Plan (CIP) for Bowmanville and a study area By-law 2003-186 as amended. The terms of reference for the study called for a community focus group, which was formed in February of 2004 and guided the study to its completion in June of 2005. 1.2 Council adopted the Community Improvement Plan by By-law 2005-123 in June and the Ministry of Municipal Affairs and Housing approved the CIP on September 16, 2005. 1.3 The Community Improvement Plan allows the Municipality to provide incentives to business and property owners in the Bowmanville Community Improvement Project Area. The merchants and business owners of the area were notified via a flyer of the incentives and grants available. Should they apply for a building permit or works that maybe subject to a grant they are informed of such by the Building Division and Planning Services staff. 1.4 In addition to the grants program there are other capital projects that the CIP has an impact upon; during 2006 the design of two projects, the King Street Transit Shelter and the refurbishment of King Street bridge were tendered. The urban design elements of these projects are key to the implementation and success of the Community Improvement Plan. Unfortunately both projects exceeded their budget estimates and are being redesigned to ensure that they meet the budget allocation. The reasons f 9 or the high tenders relate to the material costs, many have been impacted by the price of oil and also the cost of utility relocates. Staff will continue to work on these projects to bring them to fruition as envisioned. 2.0 GRANT PROGRAM 2.1 General Comments There are a number of general rules within the grant program that are applicable to all grants and then there are specific rules for the different types of grants. We have encouraged applicants to take advantage of the free design service offered by the Planning Services Department for fagade improvements and development of visualizations. In all cases we have worked with applicants, and inspected the buildings prior to the anticipated works. Grants are not released until the works are completed and the contractor paid. Property owners must be current with their tax payments. 2.2 Building Permit Fee Grant Program This grant program is intended to assist property owners with financing the cost of the development process by providing a grant to offset the amount of the applicable Building Permit Fee to a maximum of $3,000. 640 REPORT NO.: PSD-004-07 PAGE 3 2.3 Site Plan Control Fee Grant Program This grant program is intended to assist commercial zone property owners with financing the cost of the development process by providing a grant to offset the amount of the Site Plan Control Fee to a maximum of$3,000. 2.4 Heritage Building Facade Improvement Grant Program This grant program is intended to assist property owners with the financing of heritage building fagade improvements. The grant covers up to one third of the costs of the eligible work per building to a maximum of $10,000 per municipal street address or storefront, subject to an overall maximum of $50,000 per property owner for a building with multiple street addresses or storefronts. 2.5 Upgrade to Building Code Grant Program This grant program is intended to assist property owners with the financing of building improvements required to bring existing older buildings into compliance with the current Ontario Building Code. The grant covers up to one third of the costs of the eligible work per building to a maximum of $10,000 per municipal street address or storefront, subject to an overall maximum of $50,000 per property owner for a building with multiple street addresses or storefronts. 2.6 Grants Applications ra B i a s c Fagade 2005 former Castle 54 King St. E 10,000 max approved Building 2005 former Castle 54 King St. E 10,000 max approved Code Building 2005 former Castle 54 King St. E 3,000 max approved Permit SPC fee 2005 former Castle 54 King St. E 3,000 max approved Fagade 2005 Village Inn 93 King St. W. 10,000 max approved Fagade 2006 Mini Mart 43 King St. E 10,000 max submitted Building 2006 Mini Mart 43 King St. E 10,000 max submitted Code Building 2006 Mini Mart 43 King St E 3,000 max submitted Permit Fagade 2006 Cashier 47 King St. E 1 10,000 max submitted Building 2006 Cashier 47 King St E 10,000 max submitted Code Building 2006 Cashier 47 King St E 3,000 max submitted Permit Fagade 2005 Horsey block 57-63 King St. E ? design ideas Fagade 2006 Brian's fshhouse 185 Church 10,000 max design ideas Fagade 2006 Edward Jones 1 King St. E 4,980.17 paid 641 REPORT NO.: PSD-004-07 PAGE 4 3.0 CONCLUSION 3.1 There has been good response to the grant program. The owners we have met with and provided visualizations to are pleased with the program and incentives provided by the Municipality. Some merchants have proceeded with works based on the design provided without taking advantage of the grants. Staff will continue to monitor the effectiveness of the program and make recommendations for changes, if necessary. List of interested parties to be noted of Council's decision: Garth Gilpin, Co-ordinator, Bowmanville BIA Bowmanville Community Focus Group, c/o Faye Langmaid 642 Clarin n Leading tfie Way REPORT PLANNING SERVICES Meeting: GENERAL PLANNING AND ADMINISTRATION Date: Monday, January 8, 2007 Report#: PSD-005-07 File #: PLN 37.1 By-law#: Subject: ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE RECOMMENDATIONS: It is respectfully recommended that General Planning and Administration Committee recommend the following: 1. THAT Report PSD-005-07 be received for information. Submitted by: Reviewed by:�' D v . Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer FL*DJC*df 12 December 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 643 REPORT NO.: PSD-005-07 PAGE 2 1.0 BACKGROUND 1.1 In September, 2003 Council approved the preparation of a Community Improvement Plan (CIP) for Orono. The terms of reference for the study called for a community focus group, which was formed in October of 2003 and has guided the study to its completion in January of 2005. 1.2 Council adopted the Community Improvement Plan and project area by By-law 2005-009 in March and the Ministry of Municipal Affairs and Housing approved the CIP on July 14, 2005. 1.3 The Community Improvement Plan allows the Municipality to provide incentives to business owners and property owners in the Orono Community Improvement Project Area (the Orono BIA boundary). The merchants and business owners of the area were notified via a flyer of the incentives and grants available. Should they apply for a building permit or works that may be subject to a grant they are informed of such by the Building division and Planning Services staff. Representatives of the Community Focus group speak to the merchants on a regular basis to ensure that merchants are aware of the services they can tap into. 1.4 In addition to the grants program there are other works that the CIP has been a catalyst for. These include the new highway sign on 35/115 refurbished by the BIA, the refurbished signs by Petrus Boots at the entry ways to the Sidney B. Rutherford walk, the new railing along the east side of the street, the Orono brochure and assistance in the promotion of Orono. 2.0 GRANT PROGRAM 2.1 General Rules There are a number of general rules within the grant program that are applicable to all grants and then there are specific rules for the different types of grants. We have encouraged applicants to take advantage of the free design service offered by the Planning Services Department for fagade improvements and development of visualizations. In all cases we have worked with applicants and inspected the buildings prior to the anticipated works. Grants are not released until the works are completed and the contractor paid. Property owners must be current with . their tax payments. For properties that have multiple municipal street addresses or storefronts, each property owner is subject to an overall maximum of$45,000. 2.2 Building Facade Improvement Grant Program This grant program is intended to assist property owners with the financing of building fagade improvements. The grant covers up to one half of the costs of the eligible work per building to a maximum of$5,000. 644 REPORT NO.: PSD-005-07 PAGE 3 2.3 Signage Improvement Program This grant program is intended to assist property owners with the financing of signage improvements. The grant covers up to one half of the costs of the eligible work per building to a maximum of$2,000. 2.4 Grants applications and status N "nage2005 Hair with Flair 5310 Main 299.001 paid out Sgnage 2005 Orono Bakery 5340 Main 1,924.03 paid out Fagade 2005 Orono Bakery 5340 Main 4,790.50 paid out Signage 2005 Sunny's 5298 Main 2000 max discussion Fagade 2005 Sunny's 5294 Main 5000max discussion Signage 2005 Main thru Church Antiques 5341 Main 717.57 paid out Facade 2006 Blueberrys 5341 Main 128.71 paid out Signage 2006 Galloway Caf6 5323 Main 245.15 approved Fagade 2006 Galloway CaM 5323 Main 962.63 approved Signage 2006 chocolate store 5314 Main 2,000 approved Fagade 2006 chocolate store 5314 Main 5,000 approved Signage 2006 discount store 5337 Main 121.12 paid out Fagade 2006 Well Wise Centre 5331 Main 5,000 approved Signage 2006 Well Wise Centre 5331 Main 2,000 approved Facade 2006 Orono Country CaM 5348 Main 5000 max discussion Signage 2006 Orono Country CaM 5348 Main 2000 max discussion Signage 2006 book store 5242 Main 2000 max discussion 3.0 CONCLUSION 3.1 There has been good response to the grant program and the owners who we have met with and provided visualizations to are pleased with the program and incentives provided by the Municipality. Interested parties to be notified of Council and Committee's decision: Orono CIP Focus Group, c/o Faye Langmaid 645 Clarin��W� /n Leading the Ways° REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 8, 2007 Report#: PSD-006-07 File #:COPA 2005-005, COPA 2005-006 By-law#: ZBA 2005-021 Subject: COMMERCIAL POLICY REVIEW AND 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 RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. That Report PSD-006-07 be received. Submitted by: Reviewed by: Id J. Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer CP*DJC*sn 19 December 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 646 REPORT NO.: PSD-006-07 PAGE 2 1.0 BACKGROUND 1.1 This report provides an update for Committee and Council's benefit on the appeals related to the Commercial Policy Review and major commercial applications that were dealt with by Council in March 2006. 1.2 At a Special Meeting of Council on March 1, 2006, Official Plan Amendments (OPA) 43 and 44, together with Zoning By-law Amendments 2006-046 and 2006-047 were approved. These amendments were the culmination of a detailed commercial policy review, and also provided recommendations on five (5) commercial proposals by four different property owners that were filed prior to, or during, the commercial policy review. Three of the applications were for land in or adjacent to the West Bowmanville Main Central Area. 1.3 The private applications were as follows: i) West Diamond & Players site on the northwest corner of Highway 2 and Green Road: • The application evolved to include a total of 35,250 m2 of commercial floor area consisting of a 14,030 m2 Loblaws, a 16,525 m2 Wal-Mart, and 4,000 m2 of ancillary retail floor space. ii) Halloway Holdings Limited on the north side of Highway 2 between Green Road and Clarington Boulevard: • The application evolved to propose a total of 17447 m2 of retail floor consisting of a 9165 m2 Home Depot store, 5040 m2 of large format retail floor space, and 3242 m2 of ancillary retails ace. . P rY P iii) Loblaws filed two (2) separate applications before and during the Commercial Policy Review process: a) Expansion of the Loblaws Store in Clarington Centre to add 37,700 fl?. This application will not be pursued if the West Diamond & Players applications are successful b) Re-tenanting of former Loblaws space in Clarington Centre if Loblaws relocates through revisions to the zoning to delete the requirement for a Food Store in Clarington Centre. iv) AYT on the northwest corner of Bennett Road and the Baseline Road road allowance • The application evolved to propose a 54,215 m2 (583,580 ft ) big box centre on a 21.85 ha site at the northwest corner of Highway 401 and Bennett Road. The development was to comprise a hotel, a warehouse merchandise club, a home improvement store, 9 large format stores (20,000 ft2 each) and 7 restaurants. 647 REPORT NO.: PSD-006-07 PAGE 3 1.4 OPA 43 implemented the recommendations of the Commercial Policy Review by amending portions of the Clarington Official Plan policies and schedules. OPA 44 also implemented the recommendations of the Commercial Policy Review by amending the West Bowmanville Main Central Area Secondary Plan policies and schedules. Zoning By-law Amendments 2006-046 and 2006-047 further implemented the recommendations of the commercial policy review as well as the policies of OPA 's 43 and 44. 2.0 APPEALS 2.1 Following Council adoption of the two (2) OPA's and two (2) Zoning By-law Amendments, appeals were received as follows: • Zellers -Appeal to OPA 43, OPA 44, and Zoning By-Law 2006-047 • Historic Downtown Bowmanville BIA-Appeal to OPA 43, OPA 44 , and Zoning By- Law 2006-047 • Loblaws -Appeal to Zoning By-Law 2006-047 • AYT -Appeal to OPA 43 2.2 Zellers and BIA Joint Appeal Motions to dismiss the appeals filed by Zellers and the BIA were submitted by the Municipality of Clarington and West Diamond Players Inc. Under the Planning Act, the Board has the authority to dismiss appeals if the reasons set out in the notice of appeal do not disclose any apparent land use planning grounds. There is a growing body of decisions that outline the basis on which the OMB makes such a determination. One of these grounds is that if the appeal is not an authentic planning ground but only made for the purpose of delay or to prevent a competitor from entry into the market place. On July 27-29th, the OMB heard the motion by the Municipality and Metrus Developments to dismiss the appeals by Zeller's and the Bowmanville BIA. The Board in their decision on this matter, released on August 23rd, 2006, granted the Municipality and Metrus Developments motion and dismissed the joint appeals without a hearing. A copy of the decision is contained in Attachment 1 One of the reasons advanced by Zellers and the Bowmanville BIA in their argument was that this case was a complex issue involving a change in "planning philosophy". The Board was not persuaded that the complexity of the case would require a full hearing, nor were they convinced that it was a change in "planning philosophy". Rather in the OMB ruling they cited the Commercial Policy Review as connected with the existing planning context and that the process and results were objective, comprehensive and rational. And further, `the Commercial Policy Review exercise is a recalibration of the floor space limits for the short term to account for the changes that have occurred over the last 12 years". 648 REPORT NO.: PSD-006-07 PAGE 4 2.3 Loblaws Appeal In late October of 2006 Halloway Holdings began drafting a motion to have the appeal of Zoning By-law 2006-047 by Loblaws dismissed. Through the initiation of this motion, discussion between representatives of Loblaws, Halloway Holdings, and the Municipality allowed the appeal by Loblaws to be scoped to specific issues. The scoped appeal now relates to the total floor area permission on the Clarington Centre lands, including the existing Loblaws property; and the permission for a supermarket on the Halloway lands, located on northeast corner of Green Road and Highway 2. A motion to dismiss the scoped appeal is expected to be heard by the OMB early in 2007: On December 4th, the OMB approved Zoning By-law 2006-047, except as it applies to the westerly portion of the Halloway Holdings lands as discussed above. A copy of the Board Order is contained in Attachment 2. This effectively allows development to proceed on the Home Depot, Wal-mart and Real Canadian Superstore projects. 2.4 AYT Corporation Appeal During the discussion to scope the appeal by Loblaws, and the resulting motion to dismiss by Halloway Holdings, the Municipality's solicitor had discussions with representatives of AYT to further scope their appeal of OPA 43. This second negotiation was successful in having AYT withdraw their appeal from Official Plan Amendment 43 except in respect of four specific policies relating to the AYT lands located on either side of Bennett Road, north of the 401. On December 5 the OMB issued another order, which effective) approved Official Plan , Y PP Amendment 43 and 44 to the Clarington Official Plan (Attachment 3). i) With respect to OPA 43, the OMB order that the appeal by AYT Corporation be scoped to 4 policies but only as they apply to the AYT lands located on both sides of Bennett Road, north of Highway 401. In all other respects, the Amendment adopted by Council on March 1, 2006 is approved. ii) OPA 44 is also approved retroactively to March 1, 2006 since the appeals have been dismissed or scoped to only OPA 43 referenced above. 3.0 CONCLUSION 3.1 Although there remain two outstanding appeals, the majority of the new policies coming out of the Commercial Policy Review are in place. In combination the Zoning By-law Amendments and the scoping of the appeals, the Municipality can proceed to process the site plan applications for in the West Bowmanville Town Centre as they are submitted. Only the Home Depot and Wal-mart site plans are currently being reviewed. Staff will continue to keep Council abreast of further decisions with respect to the outstanding appeals. 649 REPORT NO.: PSD-006-07 PAGE 5 Attachments: Attachment 1- OMB Decision dated August 23, 2006 Attachment 2- OMB Decision dated December 4, 2006 Attachment 3- OMB Decision dated December 5, 2006 I 650 F)8/22/2005 15:31 4168647404 VEMi5 rW ru n ' """ Attachment 1 To Report PSD-006-07 ISSUE DATE: _ Aug. '22.2006 DECISIONiORDER NO: PLO31180 2363 PLO40131 Ontario 1PL040041 Ontario Municipal Board PLO60287 Commission des affaires munlelpales de I'Ontarlo West Diamond Properties Inc. and Players Business Park Ltd. have appealed-to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, o. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part of Lot 17, Concession 1 and 2 to permit the development a commercial centre including a discount department store and a supermarket OMB File No: 2030175 (PL031180) West Diamond Properties Ina and Players Business Park Ltd. have appealed to the Ontario Municipal Soard under subsection 22(7)of the Planning Act, R.S.O. 1990, c. P.13,as amended, from Councirs refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington to redesignate land on Part of Lot 17, Concession 1 and 2 (o permit the development a commercial centre including a discount department store and a supermsrket OMB File No: 0030411 (PL031180) Halloway Holdings Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Ad, R.S.0. 1990, a P.13, as amended,from Councirs refusal or neglect to enact a proposed amendment to Zoning By-law 64-63 of the Municipality of Clarington to rezone lands -respecting Part of Lot 16, Concession 1 to permit the development of a commercial plaza OMB File No. 2040023(PLO40131) Halloway Holdings Limited has appealed to the Ontario Municipal Roard under subsection 22(7) of the Planning Ad, R.S.O. 1990, a P.13, as amended, from Council's. refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Claringlon to redesignate land on Part of rat 16, Concesslon 1 to permit the development_of a commercial plaza OMB File No: 0040032(PL040131) Loblaw Properties Limited has appealed to the Ontario Municipal Board under subsection 34(l 1) of the Planning Ad, R.S.0. 1990, a P.13, as amended,from Councirs refusal or neglect to enact a proposed amendment to Zoning By-law 64-63 of the Municipality of Clarrtpton to rezone lands respecting Part of Lot 16, Concession 1, municipally known as 2375 Highway No. 2, by removing tha requirement for o supermarket OMB File No: Z040005(PL040041) Zellers Inc. and Historic Downtown Bowmanvilla BIA have appealed to the Ontario Municipal Board under subsection 17(24) of the Planning Ac> R.S.O. 1990, a P. 13, as amended, from the decision of the Municipality of Clarington to approve Proposed Amendment No. 43 to the Official Plan for the Municipality of Clarington for the purpose of amending the Clarington Official Plan, the Bowmanville East Main Central Area Secondary Plan, the Courtica Sub-Central Area Secondary Plan, the Newcastle "flags Main Central Area Secondary Plan and the South-West 10'd 0017Lb9891176 01 9IL0 42c 9117 allUGH Nnw 11,10 Nj 9ct41 9602 22 anb 651 .2- PL031180 et al COurtice Secondary Plan In order to implement the recommendations of the Commensal Popsy Review and the Bowmamille West Main Central Area Secondary Plan Review OMB File No. 0060059(PL060287) Zellers Inc. and Historic Downtown Bowmanville BIA have appealed to the Ontario Municipal Board under subsection 17(24)of the Planning Act, R.S.O. 1990, C. P. 18, as amended,from a decision of the Municipality of Clarington to approve Proposed Amendment No.44 to the Official Plan for the Municipeo y of Clarington for the purpose of implementing the recommendations of the Commercial Policy Review and the Bown-anville West Main Central Area Secondary Plan Review Including the renaming of this Main Central Area to the Bowmanville West Town Centre, expanding the boundaries of the West Town Centre and designating additional lands for commercial development OMB File No. 0060060(PL080287) I.oblaw Properties Limited, Zellers Inc. and Historic Downtown Bowmanville BIA have appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, C. P. 13, as amended, against Zoning By-law 2006-047 of the Munldpardy of Clarington OMB File No. R060067 (121-060287) The Municipality of Clarington, West Diamond Properties Inc., Players Business Park Limited and Halloway Holdings United has brought a motion before the Ontario Municipal Board under subsections 17(45) and 34(25) of the Planning Act, R.S.O. 1890, a P. 13, as amended, to oismiss the appeals by Zellers Inc. and Historic Downtown Bowmanville BIA OMB File Nos. 0060059,0060060, R060067(PL060287) APPEARANCES: Parties C R del ou R. Houser West Diamond Properties Inc. R. Howe Zellers Inc. S. B. Stain Historic Downtown Bowanville BIA B. Blain (student-eit4aw) .Halloway Holdings Limited J. Hart Municipality of Clarington D. C. Hefferon Loblaws Limped P. Foran 20'd 40OLOSS9106 01 9140 42C sip cuijoa Nnw 1N0 ad scc4i 9002 22 anti. 652 GOI LL/ LGGD 1D:31 41DODY/4UY ✓u�.+.+ u . uw. ...-... - .3- PL031180 at al DECISION OF THE BOARD ON A MOTION TO DISMISS DELIVERED BY S.W. LEE AND ORDER OF THE BOARD These Motions to dismiss the appeals without a hearing relate to OPA 43, 44 and By-law 2006-047 of the Municipality of Clarington. 'these Instruments have been duly enacted by the Municipality after a planning and commercial policy review process The effects of these planning instruments, if approved, will be to allow, subject to time restrictions, the development of the West Diamond Centre, to be anchored by Wal,Mart and Loblaws and the the development of the Holloway's Centre, to be anchored by Home Depot in the West Town Centre of the Municipality of Ciarington. The joint appellants are Zellers and the Bowmanville BIA. The former is an owner of a department store in the West Town Centre since 1997. The latter represents the merchants of the historic downtown Bowmanville BIA. These motions were brought on the basis that these appeals were submitted for competitive reasons, that the ostensible reasons set out in the letter of appeal cannot be considered as valid under a closer analysis and do not warrant a hearing. The applicants brought forth a wealth of affidavit evidence and materials to demonstrate that the rigorous planning and the commercial policy reviews undertaken by the municipality have not been impeached, that the allegation of impacts of planned functions are Without credible explanations and that the allegation that the market work done by the municipality is flawed and lacks authenticfiy, On the other hand, Mr. Stein suggested that the proposed change Is so fundamental, the scale so massive and the efrect so far-reaching that the Board ought to be cautious. Specifically, he harkens back to the earlier decision of the Board made. In 1997, which, in his view, maps out the future and balance of commercial growth in the municipality. These planning instruments, in his view, will inexorably change the approach adopted by the decision and the best way to test out these planning propositions will be having a hearing. The main thesis of Mr. Stein is that the motions to dismiss should not be granted readily. In his view, apart from the frivolous, vexatious appeals and those others C0 'd 000409asive Oi size Lac 9I0 aNdo13 NOW 1NO ad 130:01 900Z ZZ onu 653 • LLI LV VJ LJJL YLV VVYI YVY YV.\\iJl ..1\V. .4 - PLO31180 et ad. launched on bad faith and for purposes of delay, the Board should reserve those remedies only for those, in his words "hopeless cases; It is his opinion that the wordings in Section 17(45)(a)and Section 34(25)(a) of the Planning Act should be read against the backdrop where each appeal Is vested with the mandatory rights of being heard. These sections of the Planning Act have been the subject of many such motions. Section 17(45Xa) Dismissal without headna (45) Despite the Statutory Powers Procedure Act and subsection (44), t110 Municipal Board may dismiss all or part of an appeal without holding a hearing on its own motion or on the motion of any party N, (a) it is of the opinion that, (I) the reasons set out In the notice of appeal do not disdose any apparent land use planning ground upon which the plan or part of the plan that is the subject of the appeal could be approved or reftmed by the Board. (ii) the appeal is not made in good faith or is frivolous or vexatious,or m the appeal is made only for the purpose of delay, Section 34(25)(a) Dismissal without headna (25) Despite the Statutory Powers Procedure Act and subsections (11) and (24), the Municipal Board may dismiss all or part of an appeal without holding a hearing, on its own motion or on the motion or any party,if, (a) it is of the opinion that, (1) the reasons set out In the notice of appeal do not disdose ary apparent land use planning ground upon which the Board could allow an or part of the appeal, (u) the appeal Is not made in good faith or is frivoldre or vwcatlous, or b0'd VOV4V9B9t06 01 9TL0 LZ8 910 a8HOE NnW 1NO Md 68:41 9002 22 9flti 654 PLOS1ISO at al (ifQ the appeal is made only for the purpose of delay, Mr. Stein is not mistaken in his emphasis that the mandatory right to a hearing should not be readily glossed over unfess the applicant for such dismissals has satisfied the requisite tests pursuant to the relevant provisions. However, the Board must decipher, in a motion such as this, whether apparent planning reasons worthy of adjudication exist or not Mr. Stein suggested that since the only issues are related to timing and size, and since the.materials before this panel appear to be so complex the Board will be best advised to forego ruling in favour of this motion and go straight to address the matters of size and timing at a pre-hearing conference. It Is a skillful argument most eloquently enunciated. This panel of the Board has not heard any convincing. reasons why the Board should at this stage, in the face of this motion, stop short to determine whether the issues stated in a notice of appeal are wonhy of adjudication. A seemingly complex Case should not be a bar to the Board to inquire into this question or allow this panel of the Board to shirk the task in front of IL In fact, there is no impediment, legal or utilitarian,for the Board to further postpone the Inquiry. Since East Beach Community Assoclation v Toronto (I DOB) OMBD No 1890 there has been a line of cases Involving commercial competition where the Board addresses the questions Involving the worthiness of hearings. In Re Norfolk (County) Zoning By-law 26-22005 April 21, 2006 Decislon N0. 1177,the Board has this to say. In a line of cases involving commercial competition, the Board has also made It abundantly dear that it would not adjudicate on matters that are clearly made for the purpose of delay or to prevent s competitor from entry into the market place'. In those cases, the Board has consistently acknowledged and affirmed our traditional rcles and functions as charged by the Act that we are not to intervene Into the market share concerns unless there is a planned function at stake, that we would not confuse the mantrse for planning Impact with the genuine authentic planning reasons and that we would not hesitate to puncture the fagade and the disguises where they are recognized. In short, the Board wants to render to Caesar what belongs to Caesar by Insisting that our hearings must not be hijacked for the purpose of business competition. t R4 7�itt�Qnsjpl Official Phan RmynArnrnt 332 r200S10�18 D No 390 , Re City of Bramon Official Ptah Amendment 2oa f 1993)3o o maj 1 Re Mfeeiss,gee fCicylCa+=��Hy-lew SS00 x19931 O M B►J Ajo ,6,34 . $AJECF Properties Inc v Swean(City)x19961 O M B D No 1673 S0'd VOPLP989it+6 01 9149 42C 914 Q W06 Ni1N 1No Md sct4f sew 22 gnu 655 06/22/2005 15:31 4168647404 DENNIS FiEFFERON LPA4 _g PL031180 at all In Zellers Ltd v R 1 Centres Ltd j20011 O.J. No. 3-M where the Divisional Court denied the application for leave to appeal the Board's dadslon to dismiss the appeals,the court has this to say concerning the legality and utility of such a motion: The pivotal point in this, the central aspect of the debate,goes to the reason why the statute provides grounds upon which the OMB may dismiss an appeal before resources are invested in a full hearing. Through a motion to dismiss, members d the OMS, people who have the background and expertise In planning matters are given the power to ensure that steps open to participants in the planning process are employed for legitimate purposes. Decisions to participate in this process and particularly to launch an appeal are serious and must be pursued diligently. The legislation and related jurisprudence make n dear that it Is not sutfident that appellants raise land use Issued in the Notice of Appeal. Such issues have to be worthy of adjudication and the responsibility falls on the shoulders of the appellants to demonstrate through their conduct In pursuing the appeal, including their gathering of evidence to make their case, that the issues raised in their Notice of Appeal justifies a hearing. Once again, whether a Notice of Appeal raises a planning issue that deserves a hearing goes to the root of the jurisdiction of the OMB and the Board's decision on this point is entitled to.considerable deference. In all of the circumstances there Is no good reason to doubt the correctness of the OMB's decision with respect to this Issue Let us examine the grounds set out in the letter of appeal. The letter of appeal drafted by Mr. Stein, has been crafted most artfully in brushes and strokes befitting a seasoned and a highly skilled advocate. It appears to raise many issues that on the surface, seem to give rise to planning concerns. However, upon a proper review, this panel agrees with the applicants of these motions that with respell to each and every one of the issues, there is a lack of substance and authenticity without whloh an adjudicative process cannot be justified. There is no dispute tivit the craftsmanship is laudable, but behind the artful fagade, there are questionable assumptions, erroneous leaps of logic as well as artful dodges that we can unmistakably discern as constituting the inevitable conclusion that these appeals should remain outside the domain of adjudication. i Firstly, it is plain that the commercial policy review undertaken by the municipality did not come from a vacuum. it was activated by the requirements of Section 10.42 of the Clarington Official Plan and 42 of the Secondary Plan. That itself is a partial answer 90'd VOVLVSB9rVB 01 SILO Lze 910 aatloa NnW 1NO NA 6E101 9002 22 ens 656 08/22/2005 15:31 4168647404 utrrvia ttlrrnuv �..w — -- - -7 - PLO31180 at al to the allegation that these planning proposals represent a departure from the planning policy. The commercial policy review (CPR) Is In fad connected with the existing planning fabrics. The evidence Is abundantly clear that the process and results are objective, comprehensive and rational. The scope of the study by the expert team, the time the study took, the comprehensiveness of the public consultation, the number of reports submitted, the refinements of the contexts, issues,.retail and impact analysis, the number of revisions leading to the final reports and the enactments of the requisite instruments form collectively such indications. The assertion that this effort represents a change of philosophy of planning is not tome out by any of the affidavit materials . presented to this panel or the cross-examinations of the affidavit evidence. In fad the CPR exercise is but a recalibration of the floor space limits for the short term to account for the changes that have occurred over the last 12 years. The approach undertaken Is squarely consistent with the existing policy. The results do not interfere with the conceptual frameworks of the Bowmanviile West Town Centre and the Bowmanville East Town Centre, both of which are separate planning areas that are being preserved and enhanced. The proposed planning instruments would fulfil the objectives for the Bowmsnville West Town Centre and it is undisputed that the gross leasable floor space assigned will not exceed the limit set by the Durham Regional Official Plan. Secondly, the assertion that the proposals will have an Impact for the planned functions has not been substantiated in any way that Inspire concerns. In fad the objectors to this joint motion have not articulated which and the extent to which the particular planning areas include and how it is the planned objectives may be thrown Into disarray: It seems that both the Clarington Centre and the downtown portion of the BowmanvilWs East Town Centre are included in the allegations. However, the Clarington Centre itself does not enjoy a monopoly status in the existing planning Instruments to warrant a sheltered protection from the onslaught of competition. The proposed documents will not detract the assigned function of the commercial node Identified as the West Town Centre of which Clarington Centre is but a part. Zellers may or may not suffer from a substantial loss of sales as a result of the entry of these new stores. However, this is a market share matter and not a planning concern. For,the downtown, it is part of the East Town Centre for which the downtown Is 4 out of the 12 blocks. There has not been any preliminary valuation about the financial status of these existing stores or the likelihood of their closure or if closure were to ensue, the 40'd p0047399rp6 01 9140 L20 sip a8uoa Nr1N 1No ej 6E:01 9002 U gnu 657 68/22/2005 15:31 4168647404 DENNIS HEFFERON LAW PACE 09/10 _g PLO31180 et al probability of re-tenanting. In fact, the East Town Centre may serve a multi-function in contradistinction to the chain-stores or big formats that are proposed. The Board Is left With nothing but a promise of probable evidence that may be forthcoming to support the bald assertion that the planned functions are,at risk while the definition of the planned functions remains curiously elusive at this stage. Thirdly, there is the question of the status of the Bowmanville BIA. It is not the wont of the Board to perceive that only the public authorlties can speak on behalf of the public interests. And It has never been nor It would not be our practice, on a priori basis,to conclude that a business competitor should.be denied the right to entertain any legitimate planning concern. Nonetheless, it is clear that the evidence indicates that the BIA had been courted and finally recrulted by Zellers as an ally. Ms Houser pursued this matter relentlessly at the motion.Whether that is meant to navigate around the concern that the Board may not countenance a naked business competition is not In our view, terribly important The Board is not here to pass judgement on such a strategic manoeuvre. It Is our finding that Mr. Stein need not fear that his excellent reputation may be impeached or tarnished. For the purpose of our analysis, there hasnt been sufficient indication to the Board how the BIA will be placed at risk or the risks are such that justifiable concerns have been proffered. Nor was there any preliminary explanation as to how these 4 out of the 12 blocks should feature predominantly in the role of the East Town Centre. The BIA must show it has some worthy planning concerns beyond platitudes, apprehensions and promises to supply more substantial evidence at a hearing. The mere badge of the BIA does not confer the requisite legitimacy. Fourthly,the allegation that the market impact studies are flawed seems to focus on the questions of recapture, inflow and the assumption for the entry level of the Wal- mart sales. The consultant for the appellant Mr. Joseph had been cross-examinad for the purpose of these motions. Very briefly put, it is our finding that Mr. Joseph's opinions amount to no more but an apprehension of the detailed market work done by the municipality in the course of two years. In the purported challenge to recapture, no altemative recapture assumptions had been offered. As for Inflow. while Mr. Joseph remains critical of the levels of inflow, no empirical evidence had been proffered as a probable altemative. For the sales, there has not been any probable explanation proffered to support the belief that the proposed sales in Bowmanville would perform Ba'd "0417989106 01 9140 42E 91ti a8bOH Nnw 1No sa Wvi 500ta 9nd 08/22/2005 15:31 4168647404 DENNIS FEFFEt20N LAW PAGE luflu *� 60'3�Jtld "1kil0.L *M i -9- PL031180 st al higher than the predictions done by Mr. Armand. In an overall sense, the ellegatiorm appear to rest on Mr. Joseph's personal judgements rather than substantial empirical or methodological difrerences that can be considered seriously. More Impodantly to the . Board, there is the over-arching unanswered question why these apprehensions %could relate to the planned functions and would constitute a land use planning question forthe Board to consider. For these reasons, this' panel orders the motions be granted and the Joust Appeals to OPA 43,44 and By-law 2006-047 are dismissed without a hearing. 'S.W. Lee" S.W. LEE EXECUTIVE VICE-CHAIR 'J. Chee-Hine' J.CHEE-H1NO MEMBER 60'd 707LVS891V6 OL 5140 L2E 917 U8UGH Nnw 1NO ad 07:171 9002 ZZ emu 659 12/04/2005 15:26 4168647404 DENNIS HaTERIN LAW ATTACHMENT DEC-04-2006 14=24 I85a DATE: December 4,2008 DECI510NlORDER NO: PL0131 PLe40 l 3389 Ontario PL040041 Ontario Municipal Board PL06028T Commission des affaires municipalea de 1'Ontado West Diamond Properties Inc. and Players Business Parts Ltd. have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Ad, R.S.O. 1890, a P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part of Lot 17, Concession 1 and 2 to permit the development a commercial centre Including a discount department store and a supermarket . OMB File No: 2030175(PL031180) West Diamond Properties Inc. and Players Susinws Park Ltd. have appealed to the Ontario Municipal Board under subsection 22(7)of the Planning Act,RS-O. 199D,c.P.13,as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington to redesignate land on Part of Lot 17, Concession 1 and 2 to permit the development a commercial centre including a discount department store and a supermarket OMB File No: 0030411 (PLA31180) Halioway Holdings Llmlted has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, RS.O. 1990, a. P.13,as amended,from CounciFs refusal or neglect to enact a proposed amendment to Zoning By-law 8453 of the Municlparrty of Clarington to rezone lands .respecting Part of Lot 16, Concession 1 to permit the development of a commercial plaza OMB File No: Z040023(PL040131) Hallomy Holdings Limited has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Art, R.S.O. 1990, a P.13, as amended, from Councirs refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington to redesignate land on Part of Lot 18, Concession 1 to permit the development of a commercial plaza File No; 0040032 (PL040131) Loblaw Properties Limited has appealed to the Ontario Municipal Board under subsection 34(11)of the Planning Act, R.S.o. 19130, m P.13,as amended,from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Ciadrigton to rezone lands respecting Part of Lot 16, Concession 1, municipally known as 2375 Highway No. 2, by removing the requirement for a supermarlet 01,813 Pie No: Z040OD5(PLD40iM1) AYT Corporation, Zellers Ina and Historic Downtown BowmanviUe BW have appealed to the . Ontario Municipal Board under subsection 17(24)of the Planning Act, R.S.O. 1990,C, P.13,as amended, from the decision of the Municipality of Clarington to 2131)rove Proposed Amendment No. 43 to the Official Plan fer the Municipslity of Clarington for the purpose of amending the Clarington Official Plan, the Bowmarnviile East Main Central Area Secondary Plan, the Courdw Sub-Central Area Secondary Plan, the Newcas0e Village Main Central Area Secondary Plan 660 12/04/2005 15:26 4168647404 DENNIS FEFFE M LAW PAGE 04/07 DEC-0a-2606 14:24 P.03/06 and the South-West Courtiee Secondary Plan in order to implement the reconnmendatlorts of the Commercial Policy Review and the Dowmanville West Main Central Area Sec OndarY Plan Review OMB File No. ooe0059 (PL060287) Zellers Inca and Historic Downtown Bowmarrville BIA have appealed to the Ontario Municipal Board under subsection 17(24) of the Planning Ad,R.S.O. 1890,C. P. 13, as amended,from a decision of the Municipality of Clarington to approve Proposed Amendment No.44 to the 0incial Plan for the Municipality of Claringlon for the purpose of Implementing the rmtrkmendations of the Commercial Porrcy Review and the Bowmanvilie West Main Central Area Secondary Plan Review In_Iuding.the renaming of this Main Central Area to the Bowmanvllle West Town Centre, expanding the boundaries ,of the West Town Centre and designating additional lands' for commercial development OMB File No. ooeoD60(PL060287) Loblaw Properties Limited, Zellers Inc, and Historic Downtown Bowmanville SIA have appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, a P. 13, as amended, against Zoning By-law 2008-047 of the Municipality of Clarin9tort OMB File No. R060087 (PL060287) BEFORE: M. HUBBARD ) Morey.the 0 day of CHAIR December,2006 UPON APPEAL to this Board by Loblaw Properties Limited under subsection 34(19) of the Planning Ad pertaining to Zoning By-low 2006-047 of the Municipality of Clarington; AND THE 0OAR)D, upon the consent of the Municipality of Clarington, the Regional Munlclp silly of Durham, Writ Diamond Properties Inc., Players Business Park Limited, Holloway Holdings Limited and Loblaw Properties Limited Orders that pursuant to subsection 34(32)of the Planning Ac4 661 12/04/2005 15:26- 4168647404 DENNIS HEFFERON LAW PAGE 05/07 DEC-04-2006 14%24 P.04/06 1. the Municipality of Clarington's Zoning By-law 2006-047 be amended as follows: (1) by deleting from Schedule 22A.4.1(b)(iii)the words large-format store" and replacing them with the words'large format retail store": I . (ii) by deleting from Section 22A.4 3(b)(i) the words "future public' and replacing them with the words°Future Public Street; (T) by doling from Section 22A.4.3(b)(iii) the word "future' and replacing it with the word"Future'; and (iv) by deleting from Sedan 22A.4.3(b)(iv) the words "'future public street' and replacing them with the words`Future Public Street% 2. The Municipality of Clarington's Zoning By-taw 2006-047, as amended by this Order, is deemed to have come into force on the 14'day of March 2006,save and except for the following: {) the reference to"17,000 square metres of totai floor area" in paragraph 1 of Section 16.5.14(c); (� Section 16.5.14(cxxviii); {IIQ Section 16.5.14(e)(11); (v) Sections 22A.2, 22A.3 only In relation to that parcel shown on Schedule 'A-2" to Zoning By-law 2006-047 that is proposed to be rezoned to"(1-I)C6-3": (iv) Section 22A.4.3; and (vi) that part of the proposed zone change from 'A' to "(H)C8-3' shown outlined in bold on the copy of Schedule "A-2" to said Zoning By-law 2006-047, atteched'hereto as Attachment"1"; AND THE BOARD ORDERS that the portion of the zone change from "A"to "(H)CS-3' shown on Schedule "A-2' to Zoning By-law 2006.047 which has come into force pursuant to the foregoing has only come into force to the extent necessary to permit the 'Future Private Streer to be constructed to provide driveway access to the lands zoned "(H)CS-3"and '(H)C84'; 662 12/04/2005 15:26 4168647404 DENNIS HEFFERON LAW PAGE 06/07 DEC-04-2006 14:24 P.05i06. AND THE BOARD FURTHER ORDERS that this Order is Without prejudice to any argument to be made on behalf of L.oblaw Properties.Limited pursUant to the appeal filed on its behalf to said Zoning By-law 2006-047 respecting the permitted uses and regulations to the '(H)C"� zone, and to any argument which may be made on behalf of any of tne. paetles respecting the reference to 17,000 square metres of total floor area' In paragraph 1 of Seeuon f 3.5.14(:) of Zoning By-law 2006-047. ,r ' I SECRETARY • 663 1 • F• ` r . -� � ■-- 1 sip ����ilnpwan 12/05/2005 14:55 4163547404 DENNIS HEFFERON LAW 13:50 ATTACHMENT 3 AEC-05-2006 ISSUE DATE_ December 05,2006 DECISiONIORDER NO PL081 BO 3404 PL640131 onta Ontario Municipal Board P.LO40041 Commission des affaires municipales de I'Ontaiio PLO60287 West Diamond Properties Ina and Players Business Park Ltd. have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Ac. R.S.O. 1990, a P.13, as emended, from Councft refusal or neglect to enact a proposed amendment to Zoning Byaaw 84-63 of the Municipality of Clarington to rezone lauds respecting Part of Lot 17, Concession 1 and 2 to permit the development a commercial centre Including a discount department store and a supermarket OMB File No. 2030175(PL031180) West Diamond Properties Inc. and PI yers Business Park Ltd, have appealed to the Ontario Municipal Board under subsection 22(7)of the Planning Act, R.S.O. 1990,a P.13,as emended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington to redesignate land on Part of Lot 17, Concession 1 and 2 to permit the development a commercial centre Including a discount department store and a supermarket OMB File No: 0030411 (PLO31ISO) Halloway Holdings Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Ac4 R.S.O. 1990, F P.13. as amended,from Council's refusal-or negled to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part of Lot 16, Concession 1 to permit the development of a commercial pis= OMB File Na Z040023 (PLO40131) Ralloway Holdings Limited has appealed to the Ontario Municipal Board under subsection 22(1) of the Planning Act, R.S,0. 1990, G P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington to redesignate land on Part of Lot IS, Concession 1 to permit the development'of a commercial ply OMB File No. 0040032(PLO40131) Loblaw Properties Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act. R.S.O. 1990, C. P.13, as amended, from Councll's'refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part of Lot 16, Concessions 1,municipally known as 2375 Highway No. 2, by removing the requirement for a supermarket OMB File No: 2040005 (PLO40041) AYT Corporation, Zellers, Inc. and Historic Downtown Bowmanville BbA have appealed to the Ontario Municipal Board under subsectlon 17(24)of the PlanningAc4 R.S.O. 1990, a P.13,as amended. from the decision of the Municipality of Clarington to approve Proposed Amendment No. 43 to the Official Plan for the Municipality of Clarington for the purpose of amending the Ciaringion Official Plan, the Bowmanville East Mein Central Area Secondary Plan, the Courdoe Sub-Central Area Secondary Plan, the Newcastle Village Main Central Area Secondary Plan and the South-West Courtice Secondary Plan in order to implement the recommendations of the 665 12/05/2005 14:55 4168647404 DENNIS IEFFEROW LAW PAGE 04/05 DEC^05-2006 13:58 P.03AW Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review OMB File No. 0060069 (PL060287) Zellers Inc. and Historic Downtown Bowmanville BIA have appealed to the Ontario Municipal Board under subsection 17(24)of the Planning Act, R.8.0. 1990, c. P. 13, as amended,from a decision of the Municipality of Clerington to approve Proposed Amendment No. 44 to the official Plan for the Municipality of Clarington for the purpose of implementing the recornmendatlons of the Commercial Policy Review and the Bowmanvll a West Main Central Area Secondary Plan Review including the renaming of this Main Central Area to the Bowmanville West Town Centre, G>gmnding the boundaries of the wrest Town Centre and designating additional lands for commercial development OMB File No. 0060060(PL060487) Lobiaw Propdrdes Limited, Zellers Inc. and Historic Downtown Bowmanvtlle BIA have appealed to the Ontario Municipal Board under subsection 34(19)of the Planning Ad, R.S.0..1990,C. P. 13, as amended,against Zoning By-law 2006-047 of the Municipality of Clarington OMB File No. R060067 (PL06=7) BEFORE: M. HUSBARD ) Monday,the 41'day of CHAIR ) December,2006 UPON APPEAL to the Board by AYT Corporation with respect to Official Plan Amendment 43 of the Municipality of Clarington as scoped to site-specifically pertain to their lands located on both the east and west side of Bennett Road, from Highway 401 to Baseline Road, and as further scoped to be limited to Polides 16, 21. 53 and 58 of the said Official Plan Amendment; AND THE BOARD, in accordance with Decision/Order No. 1266 issued on Apra 289 2008, having consolidated the new appeals on Official Plan Amendment 43, Official Plan Amendment 44 of the Municipality of Clefiripn and Zoning By-law 2006.047 of the Municipality of Clarington with the private appeals under OMB Case Nos. PL031 ISO, PLO40131 and PL040041; 666 12/05/2005 14:55 4168647404 DENNIS HEFFEROM LAW PACE 05/05 DEC-95-2096 1350 P.04/04 AND THE BOARD. in accordance with Decislon/Order No.2363 issued on August 22, 2006, having dismissed the appeals under subsections 17(45) and 34(25) of the Planning Act, by Zellers Inc. and Historic Dow down Bowmanville BIA to Official Plan Amendment No.43, Official Plan Amendment No.44 and Zoning By-few 2006; i i AND THE BOARD, upon the request by AYT Corporation and as consented to by the 1A� npal(� of ^fn M^y on, iir°�t DI-11=4 vd P�vp;, eS Inc., . Players °us}nsae r adt w Limited, P'.alloway Holdings Urn led and Loblaw Properties Limited, Orders that the appeal -by AYT Corporation with respect to Official Plan Amendment 43 of the Municipality of Clarington, as accordingly scoped, has been deconsolidated frotri the remaining appeal by Loblaw Properties Limited pertalning to Zoning By4sw 20MG47 as well as with the private appeals under OMB Case Nos, PL031180, PL04013i and PL040041. i SECRETARY TOTAL P.04 667 Clarin � Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 8, 2007 Report#: PSD-007-07 File #: SPA 2003-030 By-law#: Subject: STONE'S THROW PUB AND GRILL: APPLICATION FOR OUTDOOR LIQUOR LICENSE LICENSE NO. 812230, NOTICE OF PROPOSAL #14600 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council that the following resolution be adopted FORTHWITH: WHEREAS the "A Stone's Throw Pub and Grill" has been established in the Aspen Springs Plaza at 39 Martin Road and has an approved liquor license for indoor purposes for up to 135 people; WHEREAS the "A Stone's Throw Pub and Grill" has applied to the Alcohol and Gaming Commission of Ontario for a liquor license for an outdoor patio; WHEREAS the neighbours have expressed concerns to municipal officials about noise from the Pub and about drunken behaviour of some patrons exiting the pub late at night; WHEREAS the Municipality has not granted site plan approval for an outdoor patio and therefore an outdoor patio is not permitted under the current site plan agreement; WHEREAS neither the "A Stone's Throw Pub and Grill" nor the landlord of 39 Martin Road have applied to the Municipality for an amendment to the site plan to permit an outdoor patio; THEREFORE BE IT RESOLVED THAT the Alcohol and Gaming Commission of Ontario be advised that the Municipality does not support a liquor license for an outdoor patio for the "A Stone's Throw Pub and Grill" on the basis of incompatibility with the surrounding residential uses and the lack of Municipal approvals and non-compliance with the site plan agreement; and 6'68 REPORT NO.: PSD-007-07 PAGE 2 THAT a copy of Council's resolution be forwarded to the Alcohol and Gaming Commission of Ontario; and THAT staff be authorized to appear at the hearing of the Alcohol and Gaming Commission of Ontario on January 10th, 2007 in support of Council's resolution. Submitted b :z,4 /ns� y Reviewed id J. Cr e, MCIP, .P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer DJC*RH*sn December 18, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 669 REPORT NO.: PSD-007-07 PAGE 3 REPORT 1. The Aspen Springs Plaza, developed and owned by the Kaitlin Group, is located at 39 Martin Road (Regional Road 57) north of Hartwell Avenue in Bowmanville. The property has been zoned for commercial uses for over a decade but a plaza was recently constructed in 2005. 2. The property is zoned to permit a pub and a restaurant. On December 5, 2006. A Stone's Throw Pub and Grill opened on the premises. It is their intent to have an outdoor patio area located on the north side of the building, where parking currently exists. 3. Site plan approval for the plaza was issued on September 23, 2004. At the time, the tenants were not known. Although under the zoning by-law, an outdoor patio may be considered accessory use related to the pub, it must be approved appropriately designed and approved under the site plan control powers of the Municipality. 4. Staff commented to the Alcohol and Gaming Commission of Ontario (AGCO) on the liquor license application for the indoor premises and the outdoor patio. Staff advised that the property is properly zoned for a pub and restaurant. However, site plan approval and the development agreement did not contain provision for an outdoor patio. Staff filed an objection was filed with respect to the issuance of a I iquor license for an outdoor patio. 5. Staff repeatedly informed the pub owner, the real estate agent for the pub owner, and the real estate agent for the developer that an amendment to site plan approval is required to consider an outdoor patio for the site. While the amount of available parking would not an issue, the applicant must demonstrate that the patio would not cause any noise problems for adjacent residents. As part of the site plan amendment process, the applicant would be required to submit noise and visual privacy studies and ways of addressing those impacts. The Planning Services Department has not received the necessary site plan amendment application nor the necessary supporting information to date. In staffs view, given the current design of the facility and the proposed location of the outdoor patio, it would not be possible to adequately address irnpacts on adjacent residents. 6. The Municipality has received a number of complaints about the pub since it opened including noise from patrons, sound system noise from live bands, public drunkenness and lewd behaviour. 7. It is recommended that Council oppose the granting of a liquor license for an outdoor patio. It is recommended that a member of staff be directed to present Council's position at the hearing of the AGCO on the patio liquor license application to be held in Oshawa on January 10, 2007. 670 REPORT NO.: PSD-007-07 PAGE 4 List of interested parties to be advised of Council's decision: The Kaitlin Group A Stone's Throw Pub and Grill Mike and Gail Palmer Aaron and Susan Gaudon David and Kira Garneau 671 i CIJ11 n REPORT Leading the way ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 8, 2007 Report#: EGD-01-07 File #: 8.01.16.002 By-law#: Subject: ASPEN SPRINGS SUBDIVISION PHASE 4, BOWMANVILLE PLAN 40M-1816 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', ROADS AND ABOVE GROUND SERVICES INCLUDING ROADS AND OTHER RELATED WORKS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-01-07 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services, which include roads and other related Works, constructed within Plan 40M-1816; and 3. THAT Council approve the by-laws attached to Report EGD-01-07, assuming certain streets within Plan 40M-1816 as public highways. Respectfully by, Liz Submitted by: A.S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/NAC/dv December 13, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWIMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 701 REPORT NO.: EGD-01-07 PAGE 2 1.0 BACKGROUND 1.1 The former Corporation of the Town of Newcastle, now the Corporation of the Municipality of Clarington, entered into a Subdivision Agreement, registered October 10, 1991, with Martin Road Holdings Limited to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-1816 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into five (5) stages: a) Storm Sewer System; b) Roads and Above Ground Services; c) Tributary Stormwater Management Works: d) Water Quality Works; and e) CPR underpass Work (Not Applicable) 1.3 The Storm Sewer System, Tributary Stormwater Management Works, and Water Quality Works, were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance'by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Roads and Above Ground Services was issued a Certificate of Completion dated March 16, 2001. This initiated a two (2) year maintenance period, which expired on March 16, 2003. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 702 REPORT NO.: EGD-01-07 PAGE 3 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Roads and Above Ground Services. 1.6 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plan 40M-1816 as public highways (Attachments 2 and 3). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law 703 -_-_E 1111y F.. [ i3�°tfll i FAI 111 1111111 111► ���� � ,�`����� 51 = 111111 1 1111 1111►���° IIII (IIII 1 � �� co t' 7 L. IIIIIIIIIIIIIIIIIIIII ____ __ry P T, �i �� Illliilll = E: •111 — �a � = _ _— -= _- ' =45a1h�9iu�l � ,� y/G wpl0i vl d'?� �_ �/lalllllllllnll � c i1111111111i1tif/p � -' � 1111 IIII IIIIIIIIIt) , /I /b — 1i111�111111 ���j���� x`axmmxn IllllAllllllll/�j_,,! ,111 OI III' '� ��\ = illlllll 7 __IIIIIIIIiI'.i t, �I/ p1111x� i111 =111111 , IPIIIIIII111= ?rM��. . z= ►d — IIIIIIIIIImill e_ xxmunnulxx __ I I"r u. _ _ _ O10°p1°� %p1111111H11HIIIlIIIi!III_�I %/1+IBIIIBIIIOHIINIIII A w°nmlml�°Inn ■ REPORT f 1 1 ATTACHMENT NO. 1 704 ATTACHMENT NO.: 2 REPORT NO.: EGD-01-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- XX Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1.' THAT the blocks shown on Plan 40M-1816, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: Blocks 97 to 100 inclusive BY-LAW read a first and second time this roc"'day of r0000c 2007. BY-LAW read a third time and finally passed this roc"'day of roo=2007. Jim Abernethy,Mayor Patti L. Barrie, Municipal Clerk 705 ATTACHMENT NO.: 3 REPORT NO.: EGD-01-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- XX Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the streets and blocks shown on Plans 40M-1818, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways,and assumed by the said Corporation for public use: West Side Drive Abernethy Crescent Brodie Court Block 95 Blocks 97 to 100 inclusive BY-LAW read a first and second time this:oe'day of x0000k 2007. BY-LAW read a third time and finally passed this roc"'day of moos 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 706 Q rington ng the tea, REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 8, 2007 Resolution #: Report#: EGD-02-07 File #: B.02.10.006 By-law#: Subject: BAYWOOD SUBDIVISION PHASE 1, BOWMANVILLE PLAN 40M-2066 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-02-07 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2066; and 3. THAT Council approve the by-laws attached to Report EGD-02-07, assuming certain streets within Plan 40M-2066 as public highways. Respectfully by, p� Submitted by: A. S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/NAC/dv December 13, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 707 REPORT NO.: EGD-02-07 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered October 23, 2001, with Orchard Park Estates (Bowmanville) Inc. to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-2066 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Final Works; c) Street Lighting System; and d) Stormwater Management System 1.3 The Initial Works and Street Lighting System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Stormwater Management System was issued a Certificate of Completion dated November 1, 2006. This initiated a two (2) year maintenance period, which will expire on November 1, 2008. 1.5 The Final Works were issued a 'Certificate of Completion' dated September 1, 2005. This initiated a one (1) year maintenance period, which expired on September 1, 2006. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 708 REPORT NO.: EGD-02-07 PAGE 3 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plan 40M-2066 as public highways (Attachments 2 and 3). Attachments: Attachment 1 Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law 709 1111111_ BERRIE- r S� y • • ® F a�y� � . c of p,.v 1����1r �►/I�i viii, 1��� ■ 11111 11/�'���� X111 � 11111111 .�.. ,` Kill 1�1n1111111!�� .�e�1►1_- =111 __ 111 nnnno ��mi 1 _p nnNllnnnnnu � _ — �11�1= �i��-_IIIII�`_..mm� unn � k h• rnm v �„nnnnlili_ pi 1� �IU� �_! � Imunnauu�� • � �—f � nuunimmuii,� - .�ud1INi111111= �� � ��. n Illln a5 nu1111NnINt1.7 � � • -----a�in�lnm .c c \ p• n.�N{IIIIIII NIINr _ �• ^ • Illglll Iil plllll- •. nnnu�nl��ww5 ' —��ounroo Nnnuao �= • e _ p.�.•�.UO/OIIINIIIr � i '�/i/���/1111111 PI IiH _- _ �i�/�//i„ IMII Ilinllllllllil�- = �� CNOIINIIII• NP ��� _ I101111111N11111� Avwr �� HuN urn r=ITn a Inminnumm�l plannnnnmi nn - .�. .— � li s == Innnim ailn =!�_tnnnlil_ PgINU{lolla'•minurdm = ../ `tl1 Illlli �� - in�miiuituuu_� Y= �nunuup ulw u�lftna'iiiiiiiih� � +► n R '''�� �_ - �_ ��-- alMwnp!I,I oul unlW .• • . • .-•- - 11. �1/�: �'':7 ,�ITIla11: = mnum - -�c_ unninunl nu1Pn REPORT EGD-02-07 �gllE��u IIR� uu mn.. .1 nn Nnnnniw a•••�•:���•�•••••. �• �.nuu nrunnu _��o nlunn� w L • nniuiAlMilifiimn= =Pr! Imiiiiriio • WAlfachmentsWO •• ATTACHMENT NO.: 2 REPORT NO.: EGO-02-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- )0( Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the blocks shown on Plan 40M-2066, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: Block 111 Block 112 BY-LAW read a first and second time this vo ft day of n000k 2007. BY-LAW read a third time and finally passed this meh day of:0000k 2007. Jim Abernethy,Mayor Pattie L Barrie, Municipal Clerk 711 ATTACHMENT NO.: 3 REPORT NO.: EGD-02-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- XX Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the streets and blocks shown on Plan 4OM-2068, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham,are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Swindells Street Scottsdale Drive Barlow Court Redfern Crescent Forrester Drive Block 111 Block 112 BY-LAW read a first and second time this roc"'day of)0000c 2007. BY-LAW read a third time and finally passed this meh day of r0000c 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 712 Clarin n Leadiag the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 8, 2007 Resolution #: Report#: EGD-03-07 File #: B.02.10.006 By-law#: Subject: BAYWOOD SUBDIVISION PHASE 3, BOWMANVILLE PLAN 40M-2138 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-03-07 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2138; and 3. THAT Council approve the by-laws attached to Report EGD-03-07, assuming certain streets within Plans 40M-2138 and 1OM-830 as public highways. Respectfully by, C) Submitted by: A. S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/NAC/dv December 13, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-9282 713 REPORT NO.: EGD-03-07 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered December 20, 2002, with St. Clair-Weston Investments Limited, to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-2138 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Street Lighting System; c) Final Works; and d) Stormwater Management System (Not Applicable) 1.3 The Initial Works and Street Lighting System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Final Works were issued a 'Certificate of Completion' dated October 1, 2005. This initiated a one (1) year maintenance period, which expired on October 1, 2006. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 714 REPORT NO.: EGD-03-07 PAGE 3 1.6 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plans 40M-2138 and 10M-830 as public highways (Attachments 2 and 3). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 — Proposed By-law 715 . . . . . 1HIM ■ �.�._ r � � . �. ! 111111111111111111 � 1 � -��r �� ,11► ����= 11 a 1111111111111111111 - _ 11111 I■ �� 111111 / �, t-'t.= _ �� �%//III �� ■: _= 11111111111111111 _ _ 1111111111 1111111111111111111! ='=- 111111!111 � AEI• � �— —� "■� � _= 11111111111 _ �— . �e �Illlilllll ■ ®..� - =� IIIII�tlltlll� EI•EI• ■ �� �.� 1111111111 �� __� �_ =111��I��I� i.�iilltll �1111111111� .� �= - I■ ■11111111 11■�IIII � �.�■■ ■■�■�■� !�11111�1 �tilile���®�1�� - -•..-nnmw linullr p= ��► _ pr._ mm�l�lv,= :_ 911/�\%/IEIIIIIIII� III► _riij\ ?Illlillllllln = �i 9` 10111111ii1'llAnll'n- - ��� E�� \•IInU .win nHi��� 1111 InInInlllllin - IIIIIIIIIIIn11pUC i 1� i nmmnnm�� n'•U0.lamuuumuuw'.unr \©\ adltllllll� -c=__ nluminml _ � uklm p nawanmau�.- � / _� IIIIIIpUr =E o Im IIRnIII intliln f`miunmmil3 Ilfj'��+:;/Wllllllm ao — nnnnn = �i:- =llmnmul� nnmilA110�� ��� ll! IIIIn���lr. .hnnm - rl�ll-=-'•11111�� Efo.� ollW illlnn nuuul'nr� `�IIIOIInu.uunm c ��.._I auw nunlm – uuum m �.,, ,umnumm�nm e i�_ _ �� IIINIIIIiimnl IItlW6 =II` = Iillllillil= - =Ilan Illunit_ ���� r Nfif(GniI1IIILlmm_ -I 2 nnunnno � ���y\NCI '��111 ��—�11 �–lmlwul unlunllr =_pp�� _ –uunl;n = nnumn/4oi_ - IGma n�lnnnnw- - �mnm� �_ - n n- - �• . .-.- •- 1 1- ��•������7�1•�' �%HUlninnminlmuninlv�� Illnlllll = __\���i\�P� _ _ REPORT EGD-03-07 ATTACHMENT NO. 1 716 ♦ �i mnnnai, � � � –qri�,. � I/� �/,•�yi0/� � � - - null CC � . ATTACHMENT NO.: 2 REPORT NO.: EGD-03-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007-XX Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the block shown on Plan 1OM-830, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway: Block 99 BY-LAW read a first and second time this xxth day of:0000k 2007. BY-LAW read a third time and finally passed this)ok° day of:oo=2007. Jim Abernethy, Mayor Pattie L. Barrie, Municipal Clerk 717 ATTACHMENT NO.: 3 REPORT NO.: EGD-03-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007-XX Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the street and block shown on Plans 40M-2138 and 10M-830, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Plan 40M-2138 Tilley Road Plan 10M-830 Block 99 BY-LAW read a first and second time this roc"'day of r0000:2007. BY-LAW read a third time and finally passed this rock day of m000c 2007. Jim Abernethy,Mayor Patti L Barrie, Municipal Clerk 718 Clarin n Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 8, 2007 Resolution #: Report#: EGD-04-07 File #: By-law#: Subject: PORT OF NEWCASTLE SUBDIVISION PHASE 1 STAGE 3, PLAN 40M-2140, AND PHASE 1 STAGE 4, PLAN 40M-2161, NEWCASTLE 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-04-07 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plans 40M-2140 and 40M-2161; and 3. THAT Council approve the by-laws attached to Report EGD-04-07, assuming certain streets within Plans 40M-2140 and 40M-2161 as public highways. Respectfully by, Submitted by: A. S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer' ASC/NAC/dvs December 13, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 719 REPORT NO.: EGD-04-07 Page 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered December 17, 1999, with 1138337 Ontario Limited to develop lands by plan of subdivision, located in Newcastle and described as Plans 40M-2140 and 40M-2161 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into five (5) stages: a) Initial Works; b) Final Works; c) Street Lighting System; d) Stormwater Management System; and e) Neighbourhood Park Works (Not Applicable) 1.3 The Initial Works and Street Lighting System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Stormwater Management System was issued a Certificate of Completion dated September 1, 2005. This initiated a two (2) year maintenance period, which will expire on September 1, 2007. 1.5 The Final Works were issued a 'Certificate of Completion' dated October 1, 2005, This initiated a one (1) year maintenance period, which expired on October 5, 2006. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 720 REPORT NO.: EGD-04-07 Page 3 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plans 40M-2140 and 40M-2161 as public highways (Attachments 2 and 3). Attachments: Attachment 1 - Key Map Attachment 2 — Proposed By-Law Attachment 3 - Proposed By-Law 721 Milligan Street Plan 40M-2161 HOdnett al well Phase 1 , Stage 4 Crescent Crescent Port of Newcastle Rosemeadow Subdivision Crescent �� C rveth � �ayq yen4 Cr s en em a Beacham p e Crescent c Qm � cm m`D o r B 4 4enose ,�. 3 „ tiR N � t BI Plan 40M-2140 . Phase 1 , Stage 3 fa``eb eZeor/� Port of Newcastle e RIE 4 €� Subdivision " Hwy._404 N y�' S cUp Subject DRAWN BY:E.L DATE:December 13,2006 Site REPORT EGD-04-07 NEWCASTLE KEY MAP ATTACHMENT NO. 7 9 c:Wnachments410M-2lao-�7218?mxd ATTACHMENT NO.: 2 REPORT NO.: EGD404-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007-XX Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the blocks shown on Plan 40M-2140, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out,and dedicated by the Corporation of the Municipality of Clarington as public highways: Block 24 Block 25 Block 26 BY-LAW read a first and second time this roc"'day of r0000c 2007. BY-LAW read a third time and finally passed this roe"day of xx)=2007. Jim Abernethy,Mayor Pattie L.Barrie, Municipal Clerk 723 ATTACHMENT NO.: 3 REPORT NO.: EGD-04-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BYLAW 2007-)0( Being a By-law to assume certain streets within the Municipality of Clarington as pubic highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the streets and blocks shown on Plans 40M-2140 and 40M-2161, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: PLAN 40M-2140: Bluenose Lane Waterview Lane Lakebreeze drive Block 24 Block 25 Block 26 PLAN 40M-2161: Rosemeadkwv Crescent Caldwell Crescent BY-LAW read a first and second time this roc's day of r000ak 2007. BY-LAW read a third time and finally passed this rocs'day of r0000c 2007. Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk 724 i _ Cl�1I1�011 Leadag the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 8, 200'`x' Resolution #: Report#: EGD-05-07 File #: D.03.30.006 By-law#: Subject: TRULLS DELBERT SUBDIVISION PHASES 1B AND 26, COURTICE, PARTS OF PLANS 40M-1684 AND 40M-1685 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', ROADS AND ABOVE GROUND SERVICES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-05-07 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services constructed within Phases 1 B and 2B, parts of Plans 40M-1684 and 40M-1685; and 3. THAT Council approve the by-laws attached to Report EGD-05-07, assuming certain streets within Phases 1 B and 213, parts of Plans 40M-1684 and 40M-1685 as public highways. Respectfully by, Submitted by: A. S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/NAC/dv December 13, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-9282 725 REPORT NO.: EGD-05-07 PAGE 2 1.0 BACKGROUND 1.1 The former Corporation of the Town of Newcastle entered into a Subdivision Agreement with 848601 Ontario Inc., and an additional agreement with 848601 Ontario Inc. and 829633 Ontario Inc., both registered on September 20, 1991, to develop lands by plan of subdivision, located in Courtice and described as Plans 40M-1684 and 40M-1685 (Attachment 1). The agreements required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, astorm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreements provide for the separation of the Works into three (3) stages: a) Storm Sewer System; b) Roads and Above Ground Services; and c) Water Quality Work 1.3 The Storm Sewer System was issued a 'Certificate of Completion' and subsequent 'Certificate of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Roads and Above Ground Services for Phases 1A and 2A was issued a 'Certificate of Completion' and subsequent 'Certificate of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.5 The Water Quality Work was issued a 'Certificate of Completion' and subsequent 'Certificate of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.6 The Roads and Above Ground Services for Phases 113 and 2B was issued a Certificate of Completion' dated March 16, 2001. This initiated a two(2) year 726 REPORT NO.: EGD-05-07 PAGE 3 maintenance period, which expired on March 16, 2003. The Works have been re- inspected and, although the developer has experienced delays in completing the repair works, all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.7 It is now appropriate to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services for Phases 1 B and 2B. The Subdivision Agreement requires Council approval prior to the issuance of a 'Certificate of Acceptance' for the Roads and Above Ground Services. 1.8 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Phases 1 B and 213, parts of Plans 40M-1684 and 40M-1685, as public highway (Attachments 2 and 3). Attachments: Attachment 1 - Key Map Attachment 2 Proposed By-law Attachment 3 - Proposed By-law 727 I. • f>• ®� 111111111 --® � •• 111111111 . . 1 . 111■�► � fs��IIIII •� = Ilil■11■11 ®- ■��■����.■ III i�'i�'�1nun llllleuoum � ° �� • iin �I Rla : mm�1� r.r• r•— r ■ III um IIIIP�C � � If �— une�`�a nunmm�u '1 ' llul���r�uurrr, NMI, ► / '►'r,Nh""n�. - . . - . . .-.- 1,. REPORT EGD-0"7 ATTACHMENT NO. 1 728 u _ ATTACHMENT NO.: 2 REPORT NO.: EGD-0"7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007-XX Being a By-law to establish,layout and dedicate certain lands as public highway in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the block shown on Plan 40M-1684, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway. Block 37 BY-LAW read a first and second time this W day of XXXXXXXX 2007. BY-LAW read a third time and finally passed this XX" day of XXXXXXXX 2007. Jim Abernethy,Mayor Pattie L.Barrie, Municipal Clerk 729 ATTACHMENT NO.:3 REPORT NO.: EGD-05-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007-XX Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the streets and block shown on Plans 40M-1684 and 40M-1685, and listed below in this section,all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Pidduck Street Block 37(Plan 40M-1684) BY-LAW read a first and second time this XX"'day of XXXXXXXX 2007. BY-LAW read a third time and finally passed this Xe day of XXXXXXXX 2007. Jim Abernethy,Mayor Pattie L. Barrie, Municipal Clerk 730 Q rin�JV/W� /n ing theWayV REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 8, 2007 Resolution #: Report#: EGD-06-07 File #: By-law#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR NOVEMBER, 2006. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-06-07 be received for information. Submitted :b Reviewed b Y Y A. S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC*RP*bb December 13, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-1824 731 REPORT NO.: EGD-06-07 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of November 2006, Staff wish to highlight the following statistics for the information of Committee and Council MONTH OF NOV YEAR TO DATE YEAR TO % CHANGE OF 2006 2006 DATE 2006 VALUE YTD 06-06 Permits Issued 70 989 110a -10,1% VALUE OF CONSTRUCTION Residential $7,757,491 $142,436,741 $136,290,317 4.5% Industrial $115,000 $45,505,666 $34,427,600 32.2% Government $0 $16,905,000 $448,500 3669.2% Commercial $11,469,490 $16,306,495 $11,333,112 43.9% Institutional $344,270 $4,457,641 $10,845,364 -58.9% Agricultural 1 $133,400 $1,400,571 $4,010,492 -65.1% TOTAL $19,819,571 $227,012,114 $197,355,385 15.0% The following is a historical comparison of the building permits issued for the month of "NOVEMBER" and "YEAR TO DATE" for a three year period. Historical Data for Month of"NOVEMBER' Historical Date'VEARTO BATE' $25,0110,000 $230p00,000 $20,000,000 $220,000,1100 $1 s,mg000 R10,000pm $18,000,000 $200,000,000 $spmpoo $190,aMPM $0 j2:00:11 jl $21 2005 z004 $180,ODOA08 2006 0.XW5j$2D7.=.r6A45®vehm $19, ,57 ,34 4,931 $15,533,621: ®vahm $227,1112,114 732 REPORT NO.: EGD-06-07 PAGE 3 The following is a comparison of the types of dwelling units issued for the month of "NOVEMBER" and "YEAR TO DATE". Dwelling UnitType"NOVEMBER 2006' Dwelling UnitType"YEAR TO DATE 2086' o a TDWNHOM APARMEM 288 . W APARTMENT 33% 24 y2 SINDU: TDWNHDUSE DETACHED p 228 2 TSS SINME SENS DETACHED DETACHED - ♦R 25% SD SEMI DETACHED o SINGLE DETACHED 24 ,a s SINGLE DETACHED 395 B SEMI DETACHED 8 m SEMI DETACHED 99 13TOWNHOUSED 13 TOWNHOUSE 62 ®APARTMENT O El APARTMENT 275 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: I APPLICANT CONSTR TYPE LOCATION VALUE Morgan, Jarvis Dog Training 2836 Holt Road $ 743,490 Bowm Creek Development RONA 205 Baseline Road $7,000,000 C.C.C.C. Glen Abbey Recreation Facility 90 Shipway Avenue $3,200,000 Bowm Creek Development Retaining Wall 205 Baseline Road $ 500,000 733 REPORT NO.: EGD-06-07 PAGE 4 MONTH OF NOVEMBER 2006 2006 2005 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION Residential 54 $7,757,411 65 $10,484,776 Industrial 2 $115,000 2 $94 000 Government 0 $0 2 $100,000 Commercial 7 $11,469,490 10 $531,320 Institutional 3 $344,270 . 1 $9,9.99,000 . Agricultural 1 $133,400 2 $135,735 Demolition 3 $0 2 1 $0 TOTAL 70 $19.819.571 84 1 $21,344,831 YEAR TO DATE 2006 2005 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION Residential 816 $142,436,741 958 $136,290,317 Industrial 22 $45,505,666 13 $34427600 Government 7 $16,905,000 9 $448,500 Commercial 54 $16,306,495 58 $11,333,112 Institutional 29 $4,457,641 15 $10,845,364 Agricultural 17 $1,400,571 20 $4,010,492 Demolition 44 $0 27 $0 TOTAL 989 $227,012-114 1100 $197 355 385 Attachment#1 — Monthly Building Permit Activity Report/Historical Comparison of Building Permit 734 Municipality of Clarington Building Services - Monthly Activity Report NOVEMBER 2006 2006 "$1,225,462 November Year to Date Novem PERMIT FEES $204,804 $1,577,819 $173,3 MMEMMM 2006 2005 November Year to Date November Year to Date Building Inspections 623 5504 710 7786 Plumbing Inspections 425 4861 617 6121 TOTALS 1048 10365 1327 13907 2006 2005 November Year to Date November Year to Date Single Detached 24 385 35 351 Semi-Detached 8 99 6 268 Townhouse 0 62 10 59 Apartments 0 275 1 95 TOTALS 32 821 52 773 YEAR: 2006 AREA (to 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 month Bowmanville 579 307 587 468 345 " 312 188 184 313 423 217 Courtice 125 241 173 180 133 129 231 296 254 295 331 Newcastle. 82 202 191 123 131 76 110 78 4 5 3 Wilmot Creek 9 15 25 29 38 24 19 21 33 21 16 Orono 1 1 2 1 1 Darlington 6 14 15 13 17 47 102 31 14 20 17 Clarke 12 13 10 16 15 9 17 17 12 20 10 Burketon 1 1 1 1 1 1 2 Enfield 3 Enniskillen 1 1 1 2 5 7 6 3 7 3 Hampton 1 3 1 1 1 2 1 2 2 Haydon 1 1 2 Kendal 1 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 Mitchells Corners 1 Newtonville 2 4 5 3 3 3 1 2 Solina 3 3 3 3 1 1 Tyrone 3 9 3 TOTALS 821 802 1015 843 701 1 609 679 640 636 801 601 Attachment#1 —Monthly Building Permit Activity Report/Historical Comparison of Building Permit 735 Clar�ngton Leading the Way REPORT ENGINEERING.SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 8, 2007 Resolution #: Report#: EGD-07-07 File #: By-law#: Subject: COURTICE SKATE PARK-SITE SELECTION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-07-07 be received; 2. THAT the Courtice Skate Park be located at the Courtice Community Centre on the east side of the existing parking lot; 3. THAT the construction of the Courtice Skate Park be referred to the 2007 Capital Budget process; and 4. THAT interested parties be notified of Councils decision. Respectfully by, Submitted by: A. S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/PWfjb December 20, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 736 REPORT NO.: EGD-07-07 Page 2 1.0 BACKGROUND 1.1 Council approved funds for the design of a skate park in Courtice in the 2006 Capital Budget. Funding for the construction of the skate park has yet to be approved by Council. Public Meetings will be held in January and February 2007 to obtain input on the design of the park but before detailed design can begin the location of the skate park must be confirmed. Selecting the proper site for a skate park is very import to the future success of the park. Those located in secluded areas remote from public surveillance often develop problems with loitering and vandalism. It is usually not the skate park users who cause the problems but rather those who hang around a skate park because it is not easily monitored by staff, the public or police. A visible, open location is essential. Other important factors to consider are; • A central location, close to potential users • Good accessibility by public transit and by foot • Impact on adjacent land uses • Availability of parking • Proximity to public washrooms, concession areas and phone Based on these criteria two municipal sites were identified as appropriate for the installation of a skate park in Courtice. The Courtice Community Centre on Courtice Road, and the South Courtice Community Park on Prestonvale.Road. On September 27, 2006 an Open House was held at the Courtice Community Centre to receive public input on the site selection. The two potential locations were identified in a notice of Public Open House that was advertised in Clarington This Week on September 20 and 24. A feature article about the upcoming Open House and the potential locations also appeared in the September 24 Clarington This Week. 737 REPORT NO.: EGD-07-07 Page 3 2.0 ANALYSIS 2.1 SKATE PARKS Skateboarding is one of the fastest growing sports in Canada with over one million participants. The demand for additional skate parks is high throughout North America. The 2005 Outdoor Recreation Facilities Study identified a deficiency of Skate Parks in Clarington and recommended that a new skate park be developed in Courtice. When introduced into established communities the location of skate parks is often a contentious issue. Some residents fear that skate parks will be magnets for unwanted activity. Others are concerned about potential noise issues. For those reasons the majority of recent skate parks in the GTA have been constructed adjacent to Community Centers where constant traffic flow and activity create good public surveillance to deter unwanted activity. Also the amenities associated with a Community Centre facility such as washrooms, concessions and telephones are complementary to the skate park. The Courtice Skate Park is proposed to be a 10,000-12,000 square foot poured concrete park with elements such as half, pipes, rails, boxes, steps and ramps. Typically skate parks are used year round as weather permits. The noise generated at these parks comes from voices of users and from the boards making contact with the concrete or metal elements in the park. The park will not be lighted so the use of the park will generally extend until dusk. The two potential sites have been evaluated based on the criteria indicated in Section 1. 738 REPORT NO.: EGD-07-07 Page 4 2.2 COURTICE COMMUNITY CENTRE The Courtice Community Centre currently contains a pool, library, fitness centre, children's adventure play area, outdoor soccer field and sand volleyball court. The Community Centre is located just south of the Courtice High School. The proposed location for the skate park is on the east side of the parking lot, south of the access driveway (attachment 1). Immediately north of the proposed skate park location is the Courtice High School football field, track, and tennis courts. Positive attributes of Courtice Community Centre site • Close to Durham Transit and Go bus routes • Central to residential development in Courtice • Proposed location is very open and visible • Washrooms, concessions and phones are available within the building • Ample parking is available Negatives • Requires the removal of the existing sand volleyball courts • Adjacent residential is approximately 55m (180 feet) south of the proposed skate park site 2.3 SOUTH COURTICE COMMUNITY PARK South Courtice Community Park/Arena currently contains two ice pads, a mini- gym, a lighted soccer field and an outdoor basketball court. The master plan for the park includes 2 additional soccer fields, walking trails and a children's play area. The proposed location for the skate park is north of the arena, east of the soccer field (attachment 2) 739 REPORT NO.: EGD-07-07 Page 5 Positives attributes of South Courtice Community Park Site • There is currently no adjacent residential development. The closest homes are on the west side of Prestonvale Road. • Ample parking is available • Washrooms, concessions and phones are available within the building Negatives • Infrequent weekday bus service and no current weekend service • The site is not easily accessible by foot from the majority of residential areas in Courtice • The proposed location is farther from the street and access road making it less visible for public surveillance • The land abutting the north edge of the park is designated for future residential. The future lots will be approximately 45m (148 ft) from the skate park site. 2.4 PUBLIC INPUT The September 27, 2006 Site Selection Open House was attended by 9 people. Six comment sheets were received at the meeting and four e-mail responses were received after the meeting. Below is a synopsis of the comments received. Two respondents favoured the South Courtice site because it was closest to their home. Two others favoured the South Courtice site because they live near the Courtice Community Centre and are concerned about increased noise and traffic. Three respondents had no preference for the site but are pleased that a park is being proposed. 740 REPORT NO.: EGD-07-07 Page 6 One respondent preferred the Courtice Community Centre site because of its central location and availability of public transit. One respondent was concerned that construction at the Courtice Community Centre location would negatively impact the infiltration of ground water and ground water re-charge. The principal of Courtice High School supports the installation of a skate park at the Courtice Community Centre. She indicated that it will provide a positive recreation outlet for students. No residents of the adjacent condominium complex attended the Open House or submitted comments. 3.0 CONCLUSION Considering both the public comments and the site evaluation criteria the Courtice Community Centre is recommended as the proposed location for the Courtice Skate Park. Most users of the skate park will come by foot or public transit. The Courtice Community Centre location is easier to access by bus and is central to the urban areas of Courtice. The proposed location along the south side of the access road into the Courtice Community Centre assures good visibility and public surveillance. The park could also be designed to ensure that rain water and snow melt is not directed into the storm sewer system but rather onto the permeable areas around the concrete park resulting in no impact on infiltration of ground water. The existing sand volleyball courts were not programmed for use often in 2006 and could easily be re-located if desired. Staff has discussed this with the primary user of the courts and they have no concerns. No residents from the homes immediately adjacent to the site attended the site selection Open House or submitted comments. The typical concerns of residents 741 REPORT NO.: EGD-07-07 Page 7 adjacent to skate parks are noise, loss of privacy, and fear that the park will lead to increased loitering and vandalism. These concerns can be mitigated somewhat with the construction of earth berms and tree planting on the south side of the skate park. Good access and visibility from the driveway on the north side of the skate park will reduce the potential for loitering or vandalism. The Courtice Community Centre is a multi-use facility for individuals and families. It has also been one of the frequent locations for the municipality's mobile skate park. Its location and complementary facilities make it the recommended location for the proposed Courtice Skate Park. Attachments: Attachment#1 - Key Map Courtice Recreation Centre Attachment#2 - Key Map South Courtice Arena 742 n.x n 77,---,1 ♦,'. v.d ro r i Se 1 g'N rA z Ac ss a 1 ,x t IVQ f f Y. a "° per„'+ .vx s-€'✓.-z "`:r .'' ..r'f � r +�'s rw.2 .fir^ ix ^'ti t 'j$ t ° a4 K'-, 4 ,,,� 1 '�,.. *,��r P,,.!°>q^.tA' die - �• :,a.wwl ,t } ` i rdT...`� it ss .{ {E f - � ° ,, ) 4 f C ar� L 1 3 k c`�.✓ " i -'-s -^� Tr Till id �n i•�C4h 111111 lA�a all � \ ��11 Iflw a s■��I ,111111110111 �. III�I'll ■ ■ 111 1131111 11141 p �pw P\111h� ��■ n u. Iml _ 'I 1 1 t/d 11 ■ / 11/111111 T ATTACHMENT�/N6f1111 1111 . F�131 WAI I..I • ,�\\ �I INI IA ■�1 5 p ry 4s i £n F tQ fir" r. z r � 3 tea' JI zz- r f ff� a • ff r t-V ( r ' x /um• qul nu P k Vxo n n lolami� � _ X11111 Fpi�•�5 d 5x �_ —— •V y n xu nN¢u9m �Iy O'1N�L�\\UOMpb� l~� aUll IiL� °•.' y mli sw�c? 2 _ NIIYIIIn111U'11 ■■*•.I ■ `�1 II II''IIIIIIYI I I ' i ll��liti1; ��Il illl,I E lllllllli!IIIHIIIIYNJ - �•�•���11111111!Illllllll lliixll =111111111111111/ • ilnl I e I�muu� I��oiu li I ali1I11111111 _., , ' IIIIIII - Clar�ttgto� Leading the Woy - REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 8, 2007 Report#: ESD-001-07 File # 10.12.6 By-law# Subject: MONTHLY RESPONSE REPORT— OCTOBER - DECEMBER 2006 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-001-07 be received for information. Submitted by: ��- Reviewed by: ordon Weir, AMCT, CMM111 Franklin Wu. Director Emergency & Fire Services Chief Administrative Officer GW'sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-6506 901 REPORT NO: ESD-001-07 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month October, November and December 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 850 calls during this period and recorded total fire loss at $424,751. A breakdown of calls responded to follows in the table attached. Attachment: Activity Report 902 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT Period: October 1, 2006 00:00:00hrs to December 31, 2006 23:59:59hrs CALL TYPES -VOLUME BY STATION STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 TOTALS CALL TYPE Bowmanville Newcastle Orono Courtice Enniskillen PROPERTY FIRE CALLS 15 9 2 5 4 35 includes structure, chimney, vehicle, miscellaneous e.g.. furniture, clothing, etc UNAUTHORIZED BURNING 7 4 4 1 5 21 (burning complaints) FALSE FIRE CALLS 81 17 6 24 4 132 includes alarm activations-accidental/malicious, human-perceived emergencies, check calls e.g. investigate an odor PUBLIC HAZARD CALLS 1 41 1 13 1 2 1 34 1 1 91 includes propane/natural gas leaks, fuel/chemical spills, power lines downlarcin C.O. leaks etc. RESCUE CALLS 1 54 1 13 1 14 1 24 1 6 111 includes vehicle extrications/accidents commercialMdustrial accidents, home/residential accidents water/ice rescues MEDICAL ASSIST CALLS 1 194 1 37 1 24 1 124 12 391 includes assistance to ambulance personnel with respiratory and resuscitation emergencies) MISCELLANEOUS CALLS 1 32 1 6 1 6 1 20 5 69 incidents not found assistance not re 'd by other agencies, call cancelled on route, etc. TOTALS 424 99 1 58 1 232 37 850 DOLLAR LOSS #of Fire Calls 15 9 2 5 3 34 Dollar Loss$ $163,851 $193,500 $850 $63,050 $3,500 $424 751 VOLUNTEER STANDBY RESPONSES #of Standbys-Calls 9 0 0 9 0 18 #of Standbys Training 0 0 0 0 0 0 2006 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Oct. Nov. Dec. STATION 1 122 109 126 138 119 143 156 155 116 149 122 153 1608 STATION 2 25 38 22 49 33 34 37 53 36 31 27 41 426 STATION 3 20 29 18 10 21 24 15 19 17 21 15 22 231 STATION 4 71 61 89 76 69 73 77 85 81 74 68 90 914 STATION 5 5 8 15 15 8 13 16 19 14 8 16 13 150 3329 TOTALS 243 245 270 1 288 1 250 1 287 1 301 1 331 1 264 1 283 248 319 3329 2005 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Oct. Nov. Dec. STATION 1 153 118 109 148 133 170 161 157 139 118 137 128 1671 STATION 2 38 36 34 40 26 34 29 31 26 36 34 44 408 STATION 3 28 23 16 20 19 19 24 10 22 19 22 30 252 STATION 4 95 69 90 73 78 92 80 100 69 86 105 79 1016 STATION 5 16 8 4 15 9 10 12 12 11 15 16 5 133 3480 TOTALS 330 254 253 296 1 265 325 306 310 267 274 314 286 3480 903 Clarin�ton Leading the Way REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: January 8, 2007 Resolution M Report:#: CSD-01-07 File #: By-law#: Subject: Lakeridge Health Oshawa Cardiovascular and Rehabilitation Program Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-01-07 be received; 2. THAT Council endorse an extension to the agreement between the Municipality of Clarington and Lakeridge Health Cardiovascular Prevention and Rehabilitation Program; and 3. THAT Mr. Paul Sawyer of Lakeridge Health be informed of Council's decision. Submitted by Reviewed by( J0,1epPrP. Caruana Franklin Wu ector of Community Services Chief Administrative Officer AE/JPCrjm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET,BOWMANVILLE,ONTARIO L1C 3A6 T (905)623-3379 F(905)6235506 1001 REPORT NO.: CSD-01-07 PAGE 2 1.0 BACKGROUND 1.1 The Municipality of Clarington entered into an agreement (Attachment#1) with Lakeridge Health Oshawa in December 2005 to offer a Cardiovascular Prevention and Rehabilitation program at the Bowmanville Indoor Soccer Facility.. The program has expanded to also utilize the Garnet B. Rickard arena during the summer months when summer camps are held at Bowmanville Indoor Soccer Facility. 1.2 In 2001, Lakeridge Health introduced this Cardiovascular Prevention and Rehabilitation Program at their Oshawa campus. Shortly after its inception, the program was granted government funding through the Ministry of Health and Long Term care. 1.3 Program participants are referred to the program by their general practitioner or their cardiac specialist. Once referred, all program registration is handled by Lakeridge Health Oshawa. The Lakeridge Health Staff on site at the program are specially trained to work with this special population. They also carry their own defibrillator for emergency purposes. 1.4 With an aim of prevention and recovery of patients suffering from heart attack/heart failure, diabetes, kidney disease, stroke, and/or angioplasty/stent, . the program includes an educational portion, a warm-up and/or resistance training, followed by individualized exercise prescription. 1.5 The purpose of the program is to teach self-management skills, to keep residents out of the hospital, to improve cardiovascular fitness, to prevent disease progression and to improve quality of life. 2.0 COMMENTS 2.1 Since 2001, the Card iovascular.Prevention and Rehabilitation program has served 478.Clarington residents. 2.2 Since the partnership with Clarington began in December 2005, the program has served over 100 Clarington clients. Of that total, 75 were from Bowmanville, 21 from Newcastle, 4 from Orono, 14 from Port Hope, 9 from Courtice, 2 from Campbellford, 1 from Brighton and 1 from Trenton. 2.3 Continuing to offer the program in Clarington would further benefit our residents and those of surrounding areas by providing needed health care locally, as well as, encouraging those to attend who may not have previously due to transportation issues. 1002 REPORT NO.: CSD-01-07 PAGE 3 2.4 It is recommended that Council endorse an extension to the existing agreement between the Municipality and Lakeridge Health to offer the Cardiovascular Prevention Rehabilitation Program. 3.0 FINANCIAL 3.1 Lakeridge Health will continue to be responsible for all registration, advertising, and marketing related to the program. 3.2 Upon approval of this Report, both parties will renew a third-party insurance agreement to the satisfaction of the Director of Finance. Interested Parties to be advised of Council's Decision: Paul Sawyer Lakeridge Health Oshawa 1003 ATTACHMENT#1 TO REPORT CSD-01C AGREEMENT This Agreement is effective as of the 1 t day of December, 2005 ("Effective Date"). BETWEEN: Municipality of Clarington ("MOC") - and— LAKERIDGE HEALTH CORPORATION ("LHC") a corporation incorporated under the laws of the Province of Ontario WHEREAS A) the MOC wishes to provide its space located at Bowmanville Community Park from the Effective Date to June 30, 2006, and September 1, 2006 to November 30, 2006 and the Garnet B. Rickard Recreation Complex, from July 1, 2006 to August 30, 2006, Bowmanville, Ontario (collectively the "Arena")to LHC for the purposes of operating the LHC Cardiovascular Prevention and Rehabilitation Program; and B) LHC wishes to occupy the MOC's Arena on the terms and conditions set out in this Agreement; THEREFORE, in consideration of the premises and the mutual covenants and agreements herein, the parties agree as follows: 1. The MOC shall provide to LHC, at no cost, the use of the "Arena"for two hours on each Thursday for the purposes of operating the LHC Cardiovascular Prevention and Rehabilitation Program,(CPRP)from the Effective Date referred to above for twelve (12) months ("Term"), for the residents of Clarington. The Agreement may be renewed for an additional term of twelve (12) months provided that LHC requests such renewal in writing at least 30 days prior to the end of the Term and provided that both parties agree to the renewal in writing. ("Renewal Term"). 2. LHC agrees to operate the CPRP and for the Term or any Renewal Term set out in section 1 of this Agreement. The CPRP shall consist of counseling, education, prescriptive exercise and risk factor lifestyle modification strategies. 3. Either party reserves the right to terminate this Agreement for any reason provided that the following notice is provided to the other party in writing: (i) if the termination occurs during the initial Term, at least 14 days written notice is provided to the other party; or (ii) if the termination occurs during any Renewal Term, at least 30 days written notice is provided to the other party. 1004 Agreement Between 2 Municipality of Claringtan And Lakeridge Health Corporation 4. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing its obligations if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected ("force majeure"). In the event that a force majeure should arise, the parties agree that the obligation to provide the CPRP may be suspended by either party until such time that the affected party determines it is reasonably able to fulfill its obligations. 5. LHC agrees to provide sufficient staff for the purpose of operating the CPRP as described in this Agreement. 6. The MOC shall maintain general commercial liability insurance including a cross- liability clause in a minimum amount of two million dollars ($2 Million) per occurrence to protect it and LHC from any claims for damages, personal injury including death, and from claims for property damage caused by the negligence of the MOC, its servants, agents or employees related to or arising out of services or other matters to which this Agreement pertains. An original Certificate of Insurance shall be submitted to LHC. The Certificate shall name Lakeridge Health Corporation as an Additional Insured. 7. The MOC agrees to indemnify and save LHC harmless from all losses, costs, expenses, judgments or damages for injuries caused to persons, or property, including death, arising from the negligence of the MOC, its servants, agents, or employees related to or arising out of the use of the Arena or other matters relating to this Agreement, including all legal expenses and costs incurred by LHC in defending any such claims. 8. LHC agrees to maintain general liability insurance including a cross-liability clause in a minimum amount of two million dollars ($2 Million) per occurrence to protect it and the MOC from any claims for damages, for personal injury including death, and from claims for property damage caused by the negligence of LHC, its servants, agents or employees related to or arising out of services or other matters to which this Agreement pertains. An original Certificate of Insurance shall be submitted to MOC. The Certificate shall name The Municipality of Clarington as an Additional Insured. 9. LHC agrees to indemnify and save the MOC harmless from all losses, costs, expenses, judgments or damages for injuries caused to persons, or property, including death arising from the negligence gence of LHC, its servants, agents, or employees related to or arising of the use of the Arena,ena, rncludrng all legal expenses and costs incurred by the MOC in defending any such claims. 10. This Agreement constitutes the entire agreement between the parties. No other statements, representations, warranties, undertakings or agreements made or purportedly made by or on behalf of either party or any of their directors, officers, 1005 Agreement Between 3 Municipality of ClaHrom And Lakeddge Health Corporation agents, employees or other legal representatives, shall be binding upon them unless agreed to in writing by the parties. 11. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and both of which together shall constitute one and the same instrument. 12. This Agreement shall be interpreted in accordance with the laws of the province of Ontario. IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their duly authorized officers as of the date first written above. _ � a Joh Mutt on Mayor Date Murl ality f Ciarington Patti r e �� Municipality of Clarington Mu G�E7RK Date v Chris Kooy LIV Date Vice President Clinical Programs 6 Chief Nursing Executive LakerldgkHealth Corporation O Brian Lemon Date Chief Executive Officer Lakeridge Health Corporation 1006 Clad (�V� REPORT Leading the Way�✓ CLERK'S DEPARTMENT Meeting: General Purpose and Administration Committee Date: January 8, 2006 Report#: CLD-001-07 File #: By-law#: Subject: APPOINTMENTS TO BOARDS AND COMMITTEES POLICY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-001-07 be received; and 2. THAT the Appointments to Boards and Committees Policy (Attachment 1 to this Report) be approved FORTHWITH. yOunicipail Submitted b : Reviewed b9( A.M.C.T. Franklin Wu, erk Chief A dministrative Officer PLB*CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO UC 3A6 T 905-623-3379 F 905-623-6506 1101 REPORT NO.: CLD-001-07 PAGE 2 BACKGROUND AND COMMENT Council has created a number of committees to provide advice on various matters. Council appoints the members of these committees at the beginning of each term. There are two main types of Council —Appointed Advisory Committees: Standing Advisory Committees and Project Specific Committees. As well, there are a number of other committees either created by the Municipality or on which there is some level of municipal representation, such as: Project Committees Appointed by Department Head (eg. Heritage Conservation District and Community Improvement Plans); Community Committees (eg. St. Marys Community Relations Committee, Valley 2000); Statutory Committees (eg. Committee of Adjustment). Committee appointments are usually for the same duration as the Term of Council 1. Customary Process It is customary practice that early in the first year of a council term of office, the Municipal Clerk places an advertisement in the newspaper listing all the boards and committees to which Council will be making appointments, and inviting citizens to apply to sit on the committees. Interested citizens submit an application to the Municipal Clerk detailing their reasons for applying. The Municipal Clerk, or designate, then compiles the applications and provides Council with a list of applications for each committee and includes a copy of each application. The applications are discussed by the General Purpose and Administration Committee (GP&A) in a closed meeting. In open session, a resolution of the GP&A is passed with the respective appointments. This resolution is then ratified at the next scheduled Council Meeting. 2. Issues I Concerns . The customary process as detailed in Section 1 has been in place for more than three terms of Council. The process requires minimal staff resources to administer, and appointments are most often made with little or no input from staff. The existing procedure for appointment could be viewed as not being an open and transparent process, as there are no defined criteria for eligibility for appointment. Additionally, the goals and objectives of the committees could be compromised or frustrated when appointed members do not have the necessary (or appropriate) knowledge, skills or commitment. 3. Proposed Process It is recommended that a policy be adopted by Council whereby applicants are screened by staff who would be involved with the Committee in some manner. Screening criteria would be CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-8506 1102 REPORT NO.: CLD-001-07 PAGE 3 based on a resume (or reasonable facsimile thereof)which should provide sufficient details for staff to assess the applicant in the following areas: • Education • Knowledge of the focus of the committee • Experience • Ability • Past community involvement • Commitment Attachment 1 to this report is a proposed draft policy which is recommended for Council endorsement. ATTACHMENT: Attachment 1 —Appointments to Boards and Committees Policy CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO UC 3A6 T 905-623-3379 F 905-623-6506 1103 Attachment 1 Council Appointments to Boards and Committees 1. Purpose: a) To establish a standardized, transparent and fair process for Council appointments to Boards and Committees. 2. Policy: a) Council appointments to boards and committees will be made by Council in January of the first year of each Term of Council. b) The Term of the appointment shall be the same as the Term of Council unless otherwise stated. c) Persons wishing to sit on a board or committee shall submit an application including a resume (or other reasonable facsimile) to the Municipal Clerk's Department. d) The Municipal Clerk's Department shall coordinate the application process. 3. Procedures: 3.1 Application a) In November of the last year of the Term of Council the Municipal Clerk, or designate, shall ensure that the opportunity for appointments to boards and committees is advertised (in the local newspapers as well as on the Municipal website). The advertisement shall advertise the application process. b) The Municipal Clerk, or designate, shall receive all applications for appointment. c) Generally speaking, each board or committee works closely with a department (eg. Committee.of Adjustment works closely with Planning Services, Property Standards Committee works closely with the Municipal Clerk's Department, etc.). 3.2 Evaluation a) The Municipal Clerk, or designate, shall assemble the applications according to board/committee and shall forward a copy of the application packages to the appropriate Department Head for consideration. Page 1 of 6 1104 b) Department Heads shall then evaluate the applications based on the following criteria: ✓ Education ✓ Knowledge of the focus of the committee/board ✓ Experience ✓ Ability ✓ Past community involvement ✓ Commitment c) The Department Head shall reserve the right to conduct interviews with applicants if deemed necessary. 3.3 Recommendation a) Each Department Head shall notify the Municipal Clerk of their appointment recommendations. b) The Municipal Clerk, or designate, shall prepare a report to General Purpose and Administration Committee (GP&A) recommending appointments to each board and committee. 3.4 GP&A Consideration of Staff Recommendations a) The staff report to GP&A will be included on an agenda for a regularly scheduled GP&A meeting in January of the first year of the Term of Council b) Copies of the complete applications shall be supplied to Members of Council in a confidential package under separate cover from the GP&A Agenda. c) The report shall be considered at the end of the GP&A meeting, in open session and shall be chaired by the Mayor. d) To consider the recommendations contained in the report, a mover and a . seconder will be required. e) The appointments will be dispensed as a consent agenda item, similar to the method by which Council dispenses with correspondence Information items in a Council Meeting. The entire list of committees with the respective recommended appointments shall be moved and seconded. The Chair shall then offer the Members of Council the opportunity to pull any committees to which they wish to speak or to which they wish to nominate a different applicant(s). f) The GP&A shall then vote on the remainder. 3.5 Nomination and Votina Where a Member of Council does not wish to make appointments to a board or committee as recommended by staff, a nomination and voting process shall be followed for appointment to that board or committee. No nomination will be allowed to stand unless the candidate has filed their Application for Appointment with the Municipal Clerk on or before the advertised deadline. Page 2 of 6 1105 a) Method of Voting Council is required to.resolve whether: Voting will be by voice; or Voting will be by secret ballot. b) Tally of Votes 1. When voting is. by voice where only two candidates are involved, the votes shall be tallied and results declared by the Municipal Clerk, or designate. 2. Where voting is by voice and where more than two candidates are involved, the votes will be tallied and results declared by the Municipal Clerk, or designate. 3. Where voting is by ballot, the votes will be tallied and results declared by the Municipal Clerk, or designate. c) Voting Process—by voice 1. A successful candidate must receive a majority of vote of all members of Council present at the meeting. All appointments will be formally confirmed by resolution and by-law. 2. The Chair shall announce the number of positions to be filled for the board or committee. The Municipal Clerk, or designate, shall record the applicant names on the display in the Chambers. 3. The Municipal Clerk, or designate, shall request each Member of Council to state the name(s) of the applicants for whom they are voting. The Member of Council may only vote for up to as many positions on the committee or board as are to be filled. Over-votes are not permitted. 4. The order in which the Members of Council are to vote shall be alphabetical order beginning with the first round of voting in the meeting. Thereafter, the Municipal Clerk, or designate, shall ensure that the next round of votes begins with the next Councillor in alphabetical order. The Chair shall not be first to vote on any board or committee. Under no circumstance shall a Councillor be first to vote in two successive rounds of voting regardless of the committee or board for which they are voting. 5. The Municipal Clerk, or designate, shall record the votes as they are stated. Page 3 of 6 1106 6. At the end of the round of voting, where there are fewer number of candidates who received a majority of votes than positions remaining to be filled on the board or committee, those candidates receiving a majority of votes shall be deemed to have been appointed. The Municipal Clerk, or designate, shall remove the names of the appointed candidates from the list for the next round . of voting. 7. At the end of the round of voting, where there are more candidates who received a majority of votes than positions remaining to be filled on the board or committee, beginning with the candidate with the highest number of votes and moving down the list (from highest to lowest) the number of candidates required to fill the positions shall be deemed to have been appointed. Where there is a tie among those candidates at the lowest end of the group of candidates having the majority and the number of tied candidates is greater than the number of available positions, only those higher than those candidates in the tie are deemed to have been appointed and only those tied candidates shall be included in the next round of voting. 8. At the end of the round of voting, where there are no candidates who received a majority of votes, the round is scratched and a new round of voting is conducted. 9. The Municipal Clerk, or designate, shall record the appointment(s) at the end of each round of voting, on a display in the Chambers. 10. In the event of three successive rounds of voting with the same results, a deadlock shall be declared by the Chair and a draw by lot will be conducted by the Municipal Clerk, or designate. 11. Should the draw by lot be to fill a single vacancy when only two candidates remain, the candidate whose name is drawn shall be declared the successful appointee to the position. 12. Should the draw by lot be to fill more than one vacancy, the Municipal Clerk, or designate, shall draw the number of names as there are vacancies. Each name drawn shall be declared a successful appointee to the position, and shall be announced prior to drawing the next name. 13. Once voting is complete, a resolution shall be passed to make the appointments as was determined by the vote prior to proceeding to the next committee appointments. Page 4 of 6 1107 Voting Process—by ballot 1. A successful candidate must receive a majority of vote of all members of Council present at the meeting. All appointments will be formally confirmed by resolution and by-law. 2. Where voting is by ballot, the Chair shall announce how many seats are to be appointed for the committee or board. The Municipal Clerk, or designate, shall record the applicant names on the display in the Chambers. Each member of Council shall then record their nominees on the ballot. 3. The Municipal Clerk, or designate, shall then collect the ballots from the Members of Council and shall tally the votes. 4. At the end of the round of voting, where there are fewer number of candidates who received a majority of votes than positions remaining to be filled on the board or committee, those candidates receiving a majority of votes shall be deemed to have been appointed. The Municipal Clerk, or designate, shall remove the names of the appointed the candidates from the list for the next round of voting. 5. At the end of the round of voting, where there are more candidates who received a majority of votes than positions remaining to be filled on the board or committee, beginning with the candidate with the highest number of votes and moving down the list (from highest to lowest)the number of candidates required to fill the positions shall be deemed to have been appointed. Where there is a tie among those candidates at the lowest end of the group of candidates having the majority and the number of tied candidates is greater than the number of available positions, only those higher than those candidates in the tie are deemed to have been appointed and only those tied candidates shall be included in the next round of voting. 6. At the end of the round of voting, where there are no candidates who received a majority of votes, the round is scratched and a new round of voting is conducted. 7. The Municipal Clerk, or designate, shall record the appointment(s) at the end of each round of voting, on a display in the Chambers. 8. In the event of three successive rounds of voting with the same results, a deadlock shall be declared by the Chair and a draw by lot will be conducted by the Municipal Clerk, or designate. 9. Should the draw by lot be to fill a single vacancy when only two candidates remain, the candidate whose name is drawn shall be declared the successful appointee to the position. Page 5 of 6 1108 10. Should the draw by lot be to fill more than one vacancy, the Municipal Clerk, or designate, shall draw the number of names as there are vacancies. Each name drawn shall be declared a successful appointee to the position, and shall be announced prior to drawing the next name. i 11. Once voting is complete, a resolution shall be passed to make the appointments as was determined by the vote prior to proceeding to the next committee appointments. Custody, Scrutiny and Destruction of Ballots 1. Ballots shall be kept in the custody of the Municipal Clerk, or designate, until the adjournment of the Council meeting at which the appointments are confirmed and then shall be destroyed. i 2. Ballots shall be open for inspection by Members of Council only, and only prior to the Council meeting at which the appointments are formally confirmed by Council by by-law. 4. Appendices: a) Appointment Application Form Page 6 of 6 1109 Clar�n n REPORT Leading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date:. January 8, 2007 Report#: CLD-002-07 File #: By-law #: Subject: PRIVATE PARKING ENFORCEMENT RECOMMENDATIONS: It is respectfully recommended to Council: 1. THAT Report CLD-002-07 be received; 2. THAT the by-law attached to Report CLD-002-07 to appoint a parking enforcement officer for private property be forwarded to Council for approval; and 3. THAT Dana H. Grant be advised of Council's actions. Submitted by: Reviewed by Patti rri .M , A .C.T. Franklin Wu, nicipal Clerk Chief Administrative Officer PLB*LC*Ib CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1110 REPORT NO.: CLD-002-07 PAGE 2 BACKGROUND AND COMMENT Private property owners have traditionally had the option of approaching Council for permission to enforce the Clarington Traffic By-law 91-58 on their own property. Dana H. Grant, the owner of 234 King Street East, has had an ongoing concern with the patrons of the Bowmanville Professional Building using the parking lot at 234 King Street East. Currently Mr. Grant has the appropriate signage that is required by the Municipality for the Municipal Parking Enforcement Officers to issue tickets at this address, but Mr. Grant feels it would be more efficient for him to be authorized to issue these tickets himself. In order for Mr. Grant to be able to perform these duties he must be appointed pursuant to the Police Services Act as Parking Enforcement Officers. Mr. Grant is aware that he must attend at the Municipal Administrative Centre for training prior to commencing any enforcement duties. ATTACHMENTS: Attachment 1: By-law to Appoint Dana H. Grant as a Parking Enforcement Officer for Private Property INTERESTED PARTIES: Dana H. Grant CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1111 Attachment 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. I Being a By-law to appoint an individual as Parking Enforcement Officer 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 Dana H.Grant,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 234 King Street E,Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Dana H.Grant 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 234 King Street E, 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 2007. BY-LAW read a second time this day of 2007. BY-LAW read a third time and finally passed this day of 2007. Jim Abernethy,Mayor Patti Barrie, Municipal Clerk 1112 Clara n Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 8, 2007 Resolution #: Report#: COD -01-07 File#: By-law#: Subject: SEVERANCE REMUNERATION FOR MEMBERS OF COUNCIL TERM 2003-2006; PROCESSED IN ACCORDANCE WITH BY-LAW 2004-32 AND BY-LAW 2004-264 RECOMMENDATIONS: 1. THAT COD-01-07 be received for information. Attachment# 1: By-Law 2004-32 Attachment#2: Resolution Amendment Attachment# 3: B 2004-264 / ry Submitted by: Reviewed by : Marie Marano , .B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-5506 1201 REPORT NO.: COD-01-07 PAGE 2 BACKGROUND AND COMMENT 1.0 By-law 2004-32 1.1 By-law .2004-32 was approved January 19, 2004, a copy of which is included as attachment #1, provided for Council to receive severance payments upon leaving Council Resolution # C-040-04 (copy attachment #2) amended the by-law to mirror the Region's severance maximum to 18 months. By-law 2004-264..:was approved December 13, 2004, a copy of which is included as attachment Q. 2.0 Severance.Payments 2.1 The following payments have,or will be process in accordance with By-law.200432: John Mutton. $ 51,782.25 $ 36,315.75 $ 88,098.00 December 2006 Don MacArthur $ 13,808.50 N/A $ 13,808.50 November 2006 Patricia Pin le $ 13,808.50 N/A $ 13,808.50 January 2007 James Schell $ 20,712.75 $ 21,210.50 $ 41,923.25 1/2,January 2007 1/2 January 2008 Total 2006 Payment $ 65,590.75 $ 36,315.75 - Total 2007 Payment $ 24,164.88 $10,605.25 Total 2008 Payment $ 10,356.37 $ 10,605.25 3.0 The above is presented for information. The total compensation pal d'in 2006 will be included in the Finance annual report on compensation in accordance with the Municipal Act. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO UC 3A6 T(905)623-3379 F(905)623-6506 1202 ATTACHMENT#1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY LAW 2004 032 Being a by law to provide severance remuneration for the members of Council WHEREAS Section 2831 of the Municipal Act 2001 provides that a Municipality may pass by laws for paying remuneration to the members of Council AND WHEREAS Council has authorized the paying of severance remuneration to current and future members of Council upon the terms and conditions set forth in this By law 1. In this Bylaw, (a) °annual remuneration of the member means the annual amount of remuneration paid to the member for the discharge of all duties as a member of Council including both the tax exempt and taxable portions calculated as at the date of severance; (b) "member means any person who is or becomes a member of Council on or after the 19th day of January 2004; (c) "service' shall mean any period of service as a member and shall include any member s period of service occurring prior to the 19th day of January 2004; 2. A member upon application therefore by the member or his or her personal representative is entitled to receive severance remuneration upon ceasing to be a member by reason of: (a ) election defeat; (b) resignation; (c) leaving office; or (d) ` dying while in office if the member is 65 years of age or over and not eligible to receive benefits under the Municipality s group life insurance program; provided that no member shall be entitled to receive severance remuneration who ceases to be a member by reason of or by resignation - which is a result of or given in anticipation of: (a) removal from office by judicial process or (b) disqualification under or operation of any Act of the Parliament of Canada or the Legislature of the Province of Ontario 3. Severance remuneration shall be equal to one twelfth (1/12) the annual remuneration of the member times the number of years service of the member prorated for part years of service to a maximum amount payable of twelve 12 months remuneration. 3.1 Any member who wishes to forego their eligibility for severance remuneration may do so by providing written notice to the Municipal Clerk within thirty(3) days of the passage of this amending by law or within thirty (30) days of taking office. 1203 3.2 A written application for severance remuneration must be received by Municipal Clerk within six (6) calendar months of a member ceasing to be a member otherwise any entitlement to severance remuneration shall be forfeited. 4. This By law shall come into force on the date of passage. By law read a first and second time this 19th day of January 2004 By law read a third time and finally passed this 19th day of January 2004 jaw Munar4 ku)w j Pa L vi a r^i 1204 ATTACHMENT#i Council Minutes -25- January 19, 2004 OTHER BUSINESS Resolution #C-036-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Resolution #C-037-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Procedural By-law 95-55 be suspended to allow for the introduction of a new motion at this time. "CARRIED" . Resolution #C-038-04 Moved by Councillor Schell, seconded by Councillor MacArthur, THAT, in accordance with Section 283 of the Municipal Act, 2001, the rate of remuneration for the Mayor be increased by $10,000 annually; THAT the rate of remuneration for the Members of Council be set at 40% of the Mayor's rate; THAT a policy for paying severance remuneration to current and future Members of Council, which mirrors the policy of the Regional Municipality of Durham, be approved; and THAT the appropriate by-laws be forwarded to Council for adoption. "CARRIED" 1205 ATTACHMENT#3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . BY-LAW 2004- 264 Being a By-law to amend By-law 2004-032, respecting severance- remuneration for the Mayor and Members of Counci. WHEREAS on January 19, 2004.Council adopted By law 2004-032, approvir+g severance remuneration-for the Mayor end;Membet5 of CouraGl, 1 r NOW THEREFORE BE,IT EN..CU THA7w n 4. 1;­-Section 3 of Sy law 2004 032-be replaced with the following wording — f� L r Severance re_nuneratior3 s�all be equal to one tweifth,(1f12)the annuat remuneratbn_of the member,,#imes the number ofycars sarvrce of tt?e�r�, .: d � member, prorated�or�artyear�ofsemce,tvamaximum:amountpayab'le� 4 r� ` �~ eigh�ee�I (1S) mopths remuneratioFl anti thfif tfie policy forseveranck conttriu ++�-.S. p mil•.[.1. k a a - �' �.ri+-+. y+�' f f i -n..r. s s{ to mirror tt�e policyTor t�ie�egiort of Dur�iam m a�cflrdance w'Ith resoluti� _ b Y 1 T r TH/k'T this bylaw shall come rnt� form on a dater of passagq .� jb f n y-la "read a first and second ttme thl& ,13, flay oecembe ver t i2004 , By law read`a 1hGfd time and fin, 10 passt d ttiie �g "clay o Decerob r' , 2Qt t q w } _ i � • � ra 4 John u nr MayW ^ � e 'ttr`: ani unidpal Cle(Ic ; d:x r t 1 x 7 4 1... .. ..:.:. .-...e..:._ _.. -�... .. .._. 1=206 °'. Cla1"111�`tOn MEMO leading the Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Anne Greentree, Deputy Clerk Date: January 5, 2007 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA —JANUARY 8, 2007 — UPDATE Please be advised the following item will be deleted from the Agenda for Monday's General Purpose and Administration Meeting: 1. DELEGATION Eugene Dupuis —Addendum to Report PSD-083-06 Applications by AYT Corporation to Amend the Durham Regional Official Plan, the Clarington Official Plan, and the Municipality of Clarington Zoning By-law 84-63 to Permit a Large Format Retail Centre on the North-west Quadrant of Highway 401 and Bennett Road, Bowmanville The following item will be added to the Agenda for Monday's General Purpose and Administration Meeting: 2. DELEGATION Robert Rogers on behalf of Eddie Rogers, Owner of Stone's Throw Pub — Report PSD-007-07 Stone's Throw Pub and Grill: Application for Outdoor Liquor License License No. 812230, Notice of Proposal #14600 ll A ne Greentree, D uty Clerk AG*bmb cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 Roc cKYIs RIDE Diabetes. Fast Facts: ➢ More than 2 million Canadians have ..E diabetes. ➢ There are 300 new cases of diabetes diagnosed daily. ➢ Of the Canadians diagnosed,10%have Type I and the number of people with Type 2 is increasing dramatically. ➢ Life expectancy for people with type 1 may be shortened by as much as 15 years, for those people affected with type RIDING FOR DIABETES 2 may be shortened by 5 to 10 years. AWARENESS ➢ Stats-Canada shows that diabetes is Canada's 7th deadliest disease with approximately 5,700 deaths as direct ..JUNE 22ND TO .JULY 1 9TH result of diabetes. But if you include deaths where diabetes is a contributing VICTORIA factor the number jumps to over 41,000. BRITISH COLUMBIA ➢ Diabetes and its complications currently To cost the Canadian Health Care System an ST. JOHN'S estimated$13.2 billion each year NEWFOUNDLAND Join us on Canada's most GIVE DIABETES A VOICE unique Motorcycle ride. LET'S HEAR YOUR MOTORCYCLE ROAR We challenge you to take part in an adventure where we ride for Diabetes THIS IS ATHIRD PARTY EVENT SUPPORTING - Awareness and our calendar is only an outline. JDR - A$OW7ION I-0U dABgE'� VVWW.ROCKYSRIDE.COM Sensitivity of Courtice North And Its Future? Libby Racansky 1 1/3/2007 Vision Statement ■ Planning of infrastructure and residential development for Courtice north must EP change ■ WHY? 1/3/2007 Goal and Objective • Courtice north as significant groundwater recharge area • Its water reservoir, ■ wetlands and woodlots need protection 3 1/4/2007 Today's Situation • All subdivision plans were and are based on drainage plan and not on the basis of much needed watershed planning • Where is Courtice north - E 2? • Sensitivity — E 3 • Terrain — E4 • Aquifer — E5 & E6 • MNR wetland evaluation — E 7 • Woodlots significance E 8-12 • Negative impacts E 13-18 4 1/3/2007 What Do We Know About Courtice North ? • All local wells, farm operations and wetlands depend on high water table • Because there is no monitoring, the lowering of water table is unknown, is this sustainable approach? Is, • Courtice north is even more sensitive that is was assumed to be previously after reevaluation by MNR as with provincially significant wetlands and its inclusion within the Greenbelt Plan 5 1/4/2007 Available Options • Future development must consider the importance of functions of Courtice north • Water resources must be protected in order to create sustainable and safe community • First step to protect this area would be to cut down unnecessary spending; in this case, by deletion of certain roads (E 19) that were planned for before the Growth and Greenbelt Plans _ 6 1/4/2007 `e C Recommendations : Council could (if they care about well being of their constituents) • Follow up policies of the Growth Plan, PPS, Greenbelt when considering densities for Courtice north and protection of what is valuable using the updated research in relation to climate change • Request Region not to extend urban boundary • Delete the roads as displayed on E 19 7 1/4/2007 CONDOPROFiLE Loggia: It's really happening in downtown west Construction is moving ahead an both of the striking buildings at Loggia 41iAward-winning Brandy Lane neighbourhood also have TTC at their Adding to the value, Loggia Homes has just celebrated doorstep, and can walk to numerous purchasers enjoy the exclusive use of cgroundbreaking at Loggia-its amenities. the Loggia Club. This extraordinary landmark condominium at Islington amenities centre will be suspended and Queensway in south Etobicoke. Sales have been brisk Loggia buyers between the two condominium towers Construction is moving ahead on both are like-minded people who know real to maximize views and natural light. of the striking buildings that comprise value when they see it, and who have Imagine doing laps in the sky pool,or this highly successful community. bought with the intention of living in soaking in the hot tub adjacent to the Prices start from just $159,990 their suite. You don't need to worry outdoor fireplace, gazing up at the (including up to $29,200 in extras that a group of investors owns half the night sky through an open roof after a depending on the plan), which means floor - your neighbours are owners long day at work. The Loggia Club that anyone from first-time buyers to like you' also includes a fitness studio, change empty-nesters can realize their dream Fabulous Flexibility rooms,a dry sauna, as well as a party of affordable luxury in this hot room/lounge that features skylights Downtown West locale. Architecturally, Loggia's distinguish- and an extended balcony ing characteristic comes from its Just 15 minutes from downtown name,which is the Italian term for the The 774-sq.-ft. (includes a 95-sq.-ft. Toronto and close to Lake Ontario outdoor garden rooms that dot its loggia), one-bedroom Biancavilla is and the Waterfront Trail, this European-style facade. The two ter- just one of three exquisite new designs up-and-coming neighbourhood offers raced buildings are stepped back to that purchasers are snapping up at tempting shopping, restaurants, allow for this design feature. Brandy Loggia. This suite's European layout recreation and entertainment venues. Lane also offers "Flexi-Space" here - offers a den-dining-media room with a Loggia provides an appealing residen- purchasers have the option to select a wealth of possibilities. The open con- tial component, and is part of layout that accommodates either a cept Great Room overlooks the spa. Toronto's Official Plan "Avenues" European layout that features a con- cious loggia through huge expanses of vision that calls for the transformation temporary environment, or a neo- glass. A moveable chef's island in the of existing areas into new urban cen- traditional Cosmopolitan version. gourmet kitchen allows owners to aces. Residents in Loggia's established reconfigure the main space for enter- - ------ - -_ - -- - - EXHIBIT A5 TO REGIONAL fA+ °° - 8URKETDN _ >:; OFFICIAL PLAN AMENDMENT 4� ONTARIO HYDRO NO. OFFICIAL PLAN OF THE REGIONAL MUNICIPALITY OFDURHAM ENFIELD INOex SCHEDULE 'A' - MAP 'A5' REGIONAL STRUCTURE i ENN6KILL LEGEND A _URSANARbA9 SYSTEM _._._ Y URBAN AREA URBAN AREA BOUNDARY BOUNDARY DEFERRED ' •' REGIONAL CENTRE FARE* ` LIVING AREAS EMPLOYMENT AREAS AR C 1 EAS DEVELOPABLE ON MUNICIPAL WATER 8 MUNICIPAL SERVICE SYSTEMS 8 PRIVATE WASTE DISPOSAL SYSTEMS AREAS DEVELOPABLE BDLINA AREAS DEVELOPABLE ON ON PRIVATE WELLS& PRIVATE WELLS m V R MUNICIPAL SEWER .'_,._ �'` VIII IIIIII PRIVATE WASTE SYSTEMS ¢ ' '^Ni?. ; 1 DISPOSAL SYSTEMS AREAS DEVELOPABLE ON FULUPARTIAL MUNICIPAL • SERVICES .MITCHELL 'U ! ' ""�' ^��°RURAL SYSTEM k i ° 'PRIMEPERFMNENi 9ENEib1tr AGRICULTURAL }+N ABRIByL+HR,, / I RE@E#%E AREAS t *RE* 1 RURAL SETTLEMENTS R't } HAMLET RURAL EMPLOYMENT AREA _ (SEE 9B RTABLE E3 DWgnah as f ;� '• FOR DESCRIPTION) Re C t5 to COUNTRY RESIDENTIAL SUBDIVISION giorel Camdof ; +` ^ 5` O (SEE CC' W16i TABLE E2 FOR DESCRIPTION) 10 SHORELINE RESIDENTAL •� a� Y11ku C I e j 23 REGIONAL NODE (SEE SECTION 4590 FOR DESCRIPTION) I} tlsT: 5 :ems 1z AGGREGATE RESOURCE EXTRACTION .N AREAS(SEE6TABLE Et + + BNBBBEEf` FOR DESCRIPTION) NATURAL HERITAGE SYSTEM 4 v z OAK RIDGES MORAINE --- OAK A MORAINE P( { •����� � ' BOUNDARY { A ! NATURAL HERITAGE AGE AREA � L` AREAS FRONT E[ g Del e'Sub Gentral If i `".. ��' mm%R� :PQMR'S:F MBBF E Are 'S^ol - RECREATIONAL, OURIST WATERFRONT PLACE LOTILOTILOT ACTIVITY NODE OPEN SPACE LINKAGE '( 21 122 22 i WATERFRONT LINKS • 'REGI9NAE-A1AA�.0 TRANSPORTATION SYSTEMS �' SEE AMPS SCHEDULE C FOR DESIGNATIONS a THE FOLLOWING IS SHOWN SELECTIVELY,FOR EASE OF INTERPRETATION • OF OTHER DESIGNATIONS ONLY. 'ONTARLO HY4R0. EXISTING FUTURE ARTERIAL ROAD DARLINGTON NUCLEAR --- FREEWAY GENERA TING STATION O GO RAIL • GO STATION . LANDS TO BE RE-DESIGNATED SPECIAL AREAS ' • LANDS TO 8E RE-0ESIt FROM'GENERAL AGRICULTURAL AREA' lam` �" TO"PRIME ENER ICULTU _ — �� TO'NATURAL HERITAGE AREAS" L TO"PRIME AGRICULTU - ----• LANDS TO BE RE-DESIGNATED SUBJECT TO SECTION ` T SPECIAL STUDY AREA I_A SPECIAL POLICY AREA FROM'GENERAL AGRICULTURAL AREA" TO"PRIME AGRICULTURAL AREAS' LANDS TO BE RE-DERV DEFERRED BY MINISTER FROM'PRIME AGRICUL D2 OF MUNICIPAL MINISTER al TO'PRIME AGRICULTU �^-}} ....,. 512"91YWE ARM SUBJECT TO SECTION. __ _____'._ 6!R#R*+wHIB~ 86hR8-- i M a E n, 03 -0 Centrat Lake Ontar o Conservatwn Authority Erml mentaly Sensitive Areas Mapping Pn>fed CO sensitive .wrens Sensitivic IAr ,yv�High Y +'l6R i IAM itl yV��NW�Y+i✓w.rr,.nl J�ilC111C RfJtl aW(IdOI'J �f Aix RMBwi "rorJln� Iroyuola Omcn (f l w i MEMM►ONec9on of Gr%WMVBler Flay Normal Aquifer System Southern Ontario GIBSON $ Associates ltd. CONSULTaq EN .N Re ma F c t s af,5n a-Bm 5-9,11 J8m General Stratigraphy Aquifer Systems I.Shallow Flow: Sand Seeps In Sill Mantle (96.welb)-7e% Amore"DBOIe:5.Ba 2 M10"INKIPIe Aquifer. 'MenS�Orort Flow' Partials In TNck-911 8 (2]r aees)-22% Awra9e DeA:2 '-Deep AquNer 'eadrock Now' FrOCAM.Jaws a Bedding Plane In the sale (2.wens)-2% Local Aquifer Systems Courtice Hancock Road Area GIBSON SSOCIATES ms �vu�e� �zv�ie. 'evr i -�u,nr•.JU.u, ,..emu .�<w� N��..r. ,.u._.. , .._..__..._.. io rJ:a n ')Vnd Nasn A�A Y, Sr/ Fo wli 9e CC t t S\ : i•'e -R'-.' iLSl � ..r r.�v[ cs„ �,yF L` c 1 v/ s-•']^t ,-. \ µrye t •\ ) 1.4 Lo .�v>!i �•--.x'.--- :�l-1 '. S'i a rr `S'rw�f�Y� �;xi �` _ 5 ti � �� i •,�� f Fixa + i,�t 7 s27�/ 1 ' h I 1 I t S S r r YI ,UFLLY 515N1 .0 'vT (� y` r•" , ,4LhCK Rm vEtL ++l—L y9 MAP: r' • f .. n., aGU4e ay 1 } Y 11 zk- 63 - a W1 Pi Fil a: � a \t rrt�,�''•►.. �L� ..R.J11T ti. 1i � 1 y .�11•RY�AY► A^'�-T �r Jhb n J✓ d. # 1r � �iqt •�'�7L �µ� � � �! Nl } L t Awl Al f . Y � 1 Z Y = t r Ape r 1 r + i 4 R .. A x, t jy r P ; �T +e- a` r ' '.m , • IS e- r, y r e� a dd s "44 { ' h t * r . W TM .. 2. J �1� � ._ � .•fir ��,��` .�,�, ; l .�` 1� P R iA 0. RAP ar If tv . g � . . 1 9 Ab fA,2i" �i6-,;z y ;)✓ ill 1H, cis U6 ?4 l I l Vi�54. f. i�Arn I,�Ertrri�r>e.r i`��rD Eittror' j/r f6'1a.JJr4�,� Oor LAr.� ,�,ra�x Rc�e.:n�va Q�ti,-, AI„��' n1..dEr rloz' f�rY»faC,.e^!r a - y;. s j. r'w •. r- . 4 RIS p;k t. --n r ..: ` 411 t d ' A � r A '41 1% It Ar 's C--..... ... .. ..../ I S H ROAD URBAN BOUNDARY Mo� / ., —` '— FREEWAY KING STREEf�'�� TYPE A ARTERIAL TYPE B ARTERIAL ••......•••••• TYPE C ARTERIAL t COLLECTOR ROAD �_5—>~ / I ——————— REGIONAL TRANSIT SPINE ........... ; i—REGIONAL TRANSIT LINE .I 1w GO STATION .p EXISTING FUTURE •WI O FREEWAY INTERCHANGE I BLOOR STREET O GRADE SEPARATION r I, It r I r \ !-• C.P.R. -.-.BASELINE ROAD . (( _ J 'AY MAP B2 TRANSPORTATION !# COURTICE URBAN AREA GFFiCIAL PLAN - MUNICIPALITY OF CLARiNGTON - - reeeuaY z. I"e LAlfE ONT/JR/Q -I;S f�NSOU TJ'PV IS PN- DFD FOR TM NIF °LT l G FI f ❑ii R_WE 1E0 AlOGF GS_NS NC h FFPJ41 V!s" ;r-I JTI'ON [ January 2, 2007 12 Dear Bondhead Friends and Neighbors, � �!�= kfiie Ni,S 7^_::On Monday, January 8, 2007, 9:30 a.m. at the Council Chambers of Administrative Centre in Bomanville, community and regional reside are +� I encouraged to attend and /or participate expressing your thoughts dr concems C.__ - regarding the development application submitted by Barr's Developr6ents Ltd.who i requesting; C6� g alp( pp • change to the Official Plan - 01 aC.: • requiring a proposed Zoning By-law Amendment- P12 �5C 2 • having produced and submitted a draft plan for a subdivision, curEentty,far nink homes v*------ The Municipal Administrative Centre has been closed since December 22nd, 2006, reopening only today, restricting recent opportunities for additional information to this proposal. The challenge of negotiating free time from Christmas holidays and traditional travel times has certainly distracted many from focusing on this regional changing request, and causes one to consider the lack of potential inclusiveness and goodwill. Everyone is invited to the public meeting, not requiring registration, and anyone can address the meeting — altemately, or as well as, you can attend the January 15, 2007 Council meeting. To speak or give a presentation you should register no later than Wednesday, January 10, 2007, by noon. Contact Cindy Fleming, 905 623-3379 Ex. 238. If you call them up to thel2th, it's just that your name won't appear on the list. It has been noted that the Clarington area is very development friendly, and we as the citizens of this integrated rural cluster, want to ensure that any change allowed is sensitive to several unique and desirable natural and community characteristics. The following considerations listed in no particular order, are raised for your input and awareness; • What is the precedence set and potential impact longer term for allowing a rural cluster change? • What are the environmental impacts to the underground streams that abundantly make their way to lake Ontario? • This community boasts a plethora of migrating species some rarer than others but in part include; Indigo buntings, Rose Breasted Grosbeaks, Cedar Waxwings, Bluebirds, Eagles, Palliated woodpeckers, Hummingbirds, etc. What happens to their path once the heavy equipment takes up residence? • What are the environmental impacts of allowing nine more septic fields in this lot? • Considering the price that was paid for this property, will nine single homes provide reasonable profit once land use requirements are built in? • Who will build the homes if permitted —does Bans have partners other than family involved with building current subdivisions? • It has been suggested that the plot requested for a subdivision is one of the regions higher-yield fields— once gone, not replaced. • How easy will it be for the Barr's group to begin their project, and apply for other amendments allowing for greater density, even if they agree to keep the increase to just nine initially? • Although initial requests are made and given, further amendments can be requested and allowed for such as experienced by the initial purchases of the Port of Newcastle subdivision, who thought that they were purchasing in a lifestyle single home dwelling community, which ultimately were flanked with condominiums and townhouses thanks to subsequent approved permits. Can Bondhead residents be assured that the same won't happen with this field, or with the field immediately north of this property, and other surrounding agricultural lands? "Bondhead ratepayers appeared before council many times as the Caitlin Development for the Port was being considered. One thing that we argued was that lakeshore land was a public good. In the end our thoughts fell on deaf ears and the adult community gave way to a full scale housing development complete with large condos that hamper views of the lake. But it is INTERESTING that the town in the last year or two have argued public access as their rationale as they have bought and expropriated lakeshore properties. DOES THIS NOT INDICATE THE NEED FOR A LONG RANGE PLAN (and I don't mean the official plan)'................ Mel McArthur • Individuals, who have been given verbal agreements about the cost, and their specific lot for building, have not been given a letter of intent, or legal agreement or documentation ensuring the conditions of their verbal agreement. Their interests are currently not confirmed or protected. • How many years will it take to build these homes, and will the current residents be bombarded with muddied and damaged roads, dust, and vehicles blocking access for years to come? • How many ancient trees will be downed for ease of equipment use? 'We need to get public and written assurance from the town and the developer that the road allowances that crisscross the field will NOT be used to further subdivide the field. Also, Queen Vic, George Manners and the area are a refuge of sorts...........residents and non-residents walk these areas(in abundance) because they allow for reverie and reflection in a safe respite from the business of Mill St, Lakeshore, and Metcalf Roads, and what is becoming the very busy town of Newcastle......................how can we pride ourselves as a community with rural roots and spaces if we constantly pave over said spaces? So we would like some kind of guarantee that trees will be guarded.............that we are not going to end up with roads widened.........that we preserve the beauty and quietude of both this block and the one to the North." Mel McArthur These are just a few thoughts that several neighbors have commented on at this time regarding the application. Please respond if we are omitting, and we are certain to, other points that should be raised, and if you will raise them at this meeting? This community will as usual, have to continue to work together in order to maintain, or assist in managing responsible and harmonized growth and changes. Thank you for your immediate interest and feedback. Yours truly, Sam Wedlock, on behalf of many residents input. CAy Contact Information Gail Palmer 17 Glen ray Court Bowmanville, Ontario J L1C 4W7 1 905-623-1072 I am sending this petition on behalf of the home owners surounding the lot of Stones Throw Pub and Grill file number 812230 loacted in the Aspen Plaza Bowmanville Ont. We living attatches and close to the location feel that a bar in a family community is a very bad idea. We feel that an outdoor drinking area will bring unwanted noise. Most of the homes have young schoolaged children and feel that the noise will not only interfear with our childrens sleep but as a result school work can suffer. We are strongly against the outdoor drinking area. For our childrens sake and for their education future please do not allow their applacation. Thank you We sign this petition to opposed the liquor licence for A Stones Throw Pub and Grill in the Aspen Plaza of Bowmanville . File number 812230. We feel that a bar with ' a outdoor serving area does not belong in a family community. It has homes with small children around the lot of A stones throw Pub and Grill. We do not feel that children or anyone living this close should be kept awake with the noise that goes with an licence establishment epically one with an outdoor serving area. N y'y\ e A dA c eSS a �a ✓/lean / S �j/ra �� Y �'��. 0 41 *?yrr ✓ �/+r v 3. �. C. '�eaGL /5 6/ a G f Lyou��rilcYl!/i/��i Lz 5. . u � wIk4AI? LLc��j �d . Asa n C C4 J 6 w �„a,,&j J6 1! It lend Cr-,- . C'j 9. Cnreil I�cs ��e � ��f l Z� G�eh {� Cry I�aum��ul� aoF � - A77 We sign this petition to opposed the liquor licence for A Stones Throw Pub and Grill in the Aspen Plaza of Bowmanville . File number 812230. We feel that a bar with 'a outdoor serving area does not belong in a family community. It has homes with small children around the lot of A stones throw Pub and Grill. We do not feel that children or anyone living this close should be kept awake with the noise that goes with an licence establishment epically one with an outdoor serving area. Name A dd rq,�-S a b Z �6_ 7'y i 'A- �✓ 1A- oil ).mil ��0 Q C\ , " V-c �vu7 30 31 LnZ c f7ir ion 3a h� c . nn 33 A �� !l r- ��"", 3 L,( XV Y �, �- 3 3� eq C).-Ouq 32 ;t - We sign this petition to opposed the liquor licence for A Stones Throw Pub and Grill in the Aspen Plaza of Bowmanville . File number 812230. We feel that a bar with' a outdoor serving area does not belong in a family community. It has homes with small children around the lot of A stones throw Pub and Grill. We do not feel that children or anyone living this close should be kept awake with the noise that goes with an licence establishment epically one with an outdoor serving area. 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