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Home My WebLink About02/05/2007 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: FEBRUARY 5, 2007 9:30 A.M. COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of January 22, 2007 301 4. (a) PRESENTATIONS No Presentations (b) DELEGATIONS (i) Richard Ward - Direction from previous Term of Council position regarding Deer Creek and Campaign Contributions (ii) Tom Herd - Report EGD-018-07 - Future Stop Sign Control at Rudell Road and Edward Street 5. PUBLIC MEETINGS (a) Application to Amend the Zoning By-law 84-63 Applicant: 1370304 Ontario Limited Report: PSD.016-07 501 (b) Application for Amendment to Draft Approved Plan of Subdivision Applicant: 464367 Ontario Ltd. Report: PSD-017-07 503 (c) Application for Draft Plan of Condominium Approval Applicant: Aspen Heights Ltd. Report: PSD-018-07 505 G.P. & A. Agenda -2. February 5, 2007 6. PLANNING SERVICES DEPARTMENT (a) PSD-016-07 Rezoning to Permit Increased Residential Lot Coverage and 601 Rear Deck Projections Applicant: 1370304 Ontario Ltd. (Halminen Homes) (b) PSD-017-07 Tyrone Subdivision - Amendment to Draft Approval 610 Applicant: 464367 Ontario Ltd. (Bob Craig) (c) PSD-018-07 Application for a 162 Unit Draft Plan of Condominium 617 Applicant: Aspen Heights Ltd. (d) PSD-019-07 Rezoning to Permit an Addition to a Place of Worship 622 Applicant: Hope Fellowship Christian Reformed Church (e) PSD-020-07 Application for Removal of Holding 634 Applicant: The Kaitlin Group (f) PSD-021-07 Application for Removal of Environmental Holding Symbol 640 Applicant: Bradley, J. & M. 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-017-07 Intersection of Trulls Road and Avondale Drive, 701 Yorkville Drive, Courtice, Proposed All-Way Stop (b) EGD-018-07 Intersection of Edward Street and Rudell Road, Newcastle, 706 Requested All-Way Stop (c) EGD-019-07 Public Information Centre, Intersection Improvements, Old 714 Scugog Road and Boundary Road, Burketon (d) EGD-020-07 Public Open House, Proposed Soper Creek Recreational 721 Trail, Mearns Park to Sprucewood Crescent, Bowmanville (e) EGD-021-07 Masterpiece Estates Subdivision, Plan 40M-2036, 726 Newcastle, 'Certificate of Acceptance' and 'Assumption By- law', Final Works Including Roads and Other Related Works (f) EGD-022-07 Orono Skate Park - Collaborative Agreement 731 (g) EGD-023-07 Baywood Subdivision Phase 2, Plan 40M-2172, 738 Bowmanville, 'Certificate of Acceptance' and 'Assumption By-laws', Final Works Including Roads and Other Related Works G.P. & A. Agenda - 3- February 5, 2007 (h) EGD-024-07 Mill Street Subway Reconstruction, Newcastle 744 8. OPERATIONS DEPARTMENT (a) OPD-001-07 Collaborative Agreement Between The Kendal Lions Club, 801 The Kendal Community Centre Board of Directors and The Municipality of Clarington 9. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 10. COMMUNITY SERVICES DEPARTMENT (a) CSD-002-07 Community Services Department Job Opportunity Fair 1001 11. CLERKS DEPARTMENT No Reports 12. CORPORATE SERVICES DEPARTMENT (a) COD-005-07 Oshawa/Clarington Association for Community Living and 1201 John Howard Society Lease Agreements 13. FINANCE DEPARTMENT No Reports 14. CHIEF ADMINISTRATIVE OFFICE Confidential Verbal Report regarding a Personnel Matter 15. UNFINISHED BUSINESS No Reports 16. OTHER BUSINESS 17. ADJOURNMENT tl!!rj[J{,1on General Purpose and Administration Committee Minutes January 22, 2007 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, January 22,2007 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Absent Were: Also Present: . Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson CouncillorW. Woo Councillor C. Trim - due to illness 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-028-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on January 8, 2007, be approved. CARRIED. 301 General Purpose and Administration Committee Minutes January 22, 2007 PRESENTATION Dan Armeno, Project Manager - Highway 407 East, Ministry of the Environment and Doug Allingham, President, Totten Sims Hubicki Associates appeared before the Committee to provide an update on the 407 East Environmental Assessment. They reported on a series of public information sessions held in November/December, 2006 whereby alternative routes to Highway 407 were identified and presented to interested stakeholders. Mr. Allingham stated that approximately 70 forms were received at the public information sessions resulting in general support to the alternatives displayed, recognition of the need for the Highway 407 extension, concerns about property issues, loss of agricultural land and protection of the Greenbelt and Oak Ridges Moraine. Over the next six to eight months a short list of alternative routes will be evaluated based on criteria from interested stakeholders and would result in a preferred route being established. A commitment has not been received from the ETR concerning ownership of the extension west of Brock Road. The study forecast to 2031 presented significant improvements to transit and regional roads, identified unstructured travel demand such as car pooling, HOB lanes and strategies to manage travel without having to build more roads or provide more transit services. Mr. Armeno stated that the MOE and consultants are fully committed to working with all stakeholders. Carlos Salazar, Manager of Community Planning & Design, Municipality of Clarington appeared before the Committee along with Andrea Gabor, Urban Strategies, Ron Albright, TSH, and Jeff Climans, The Climans Group concerning the Science and Technology Park in Clarington. Carlos provided a brief history of the development of this area and described the two projects; being the Technology Park and the Energy Park, and highlighted their geographic boundaries. This area will enable Clarington to cluster these types of industries. Andrea reported on the project phases and stated that currently they are in Phase 4. They are developing the physical context which will develop into a secondary plan for the ultimate development of a prestige park. This park has the potential to diversify Clarington's employment base and has significant implications for putting Clarington on map for employment from a technological point of view. The vision for the park includes capacity for 50 buildings. Holburn is already developed there and creates a anchor for this development. Ron Albright discussed the servicing of the park including sewers, water, storm water and transportation. All existing road infrastructure will have to be upgraded. Jeff Climans believes that the project is significant and should be a regional landmark. A detailed market analysis was . conducted and concluded that less than 10% of available lands within Durham Region is of the same caliber which makes this site distinguishable. He encouraged the Municipality to recognize the asset we have and to protect it and plan for it through Master Plan, create a buffer and to maintain the proposed scale of the park. .2. 302 General Purpose and Administration Committee Minutes January 22,2007 Isabel Little, Planner, Municipality of Clarington provided the Committee with a presentation regarding the who, what, why and how on Community Improvement Plans, and most specifically the proposed Newcastle Village Community Improvement Plan. Community Improvement Plans (CIP) have been previously approved for Bowmanville and Orono. Isabel showed before and after pictures of improvements achieved in Orono and Bowmanville. She highlighted the proposed Terms of Reference for Community Focus Group and stated that Veridian has agreed to participate on the Group. As in past practice, ads will be placed in the local newspapers seeking volunteers to sit on the Community Focus Group. At the conclusion of the Study, which is expected to run for one year, recommendations will be presented to Council for approval and then ultimately forwarded to the Ministry of Municipal Affairs and Housing for approval. DELEGATIONS Valentine Lovekin appeared before the Committee with respect to Report PSD-011-07. As the acting Chair of the Newcastle BIA, Mr. Lovekin stated that BIA Council fully . supports the Newcastle Village Community Improvement Plan and encourages it's success. Mr. Lovekin stated that BIA members serve enthusiastically and thanked the municipality for embracing this initiative. Councillor Novak chaired this portion of this meeting. PUBLIC MEETING (a) Subject: Applicant: Report: Application to Amend the Zoning By-law 84-63 Gerr Holdings Limited PSD.008.07 Richard Holy, Senior Planner, Planning Services, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-008-07. Robert Banik, CAW Legal Services, appeared before Committee on behalf of Doug Hoogeboom and family. Mr. Banik stated the Hoogeboom family have been local property owners, just north of the subject property since 1989. Mr. Ban ik stated that during the initial stages of area development, the property was used to store construction equipment but once development was complete, Cowan Pontiac Buick started using the property as a parking lot where it has remained for this use. Mr. Banik stated his client opposes this application because dust generated by traffic in the gravel parking lot, car headlights shining directly into his client's home, constant vehicular traffic causing excessive noise, inappropriate use of the property for public parking, refuse from Cowan Pontiac Buick blowing into his c1ii:mt's backyard, the three-year timeframe associated to the amendment and the uncertainty of the future development of the lot. Mr. Banik stated his client sent Gerr Holdings a letter, voicing their concerns, and was advised by Gerr Holdings that this use would only be temporary. Mr. Banik stated his client complained to Cowan Pontiac Buick who advised they would look into .3. 303 General Purpose and Administration Committee Minutes January 22, 2007 the situation and to date, there has been no recommendation on how to address the issues. Joe Gerrits, President, Gerr Holdings Limited appeared before Committee and stated the property has been used for parking in the past. He also advised that the property development proposal application, which was submitted to the Municipality in 2000, was deemed not feasible, and thus has been put on hold. In the interim, Gerr Holdings Limited was approached by Cowan Pontiac Buick to use the property on a temporary basis as a parking lot, while undergoing expansion of their existing facility. Mr. Gerrits stated he received a letter from Doug Hoogeboom's solicitor recently, but had been away until just recently, and therefore had not had an opportunity to respond. Mr. Gerrits stated the use of the property is similar to what it has been used in the last number of years and he does not anticipate this changing. Mr. Cowan appeared before Committee and stated that employees of Cowan Pontiac Buick only use the parking lot between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday and there is no movement or activity from the parking lot during the day. He reported there are no more than 30 vehicles parked in the lot at one time. Mr. Cowan advised that the lot is not secure enough for use as an overflow parking area for new vehicles which could potentially free up space in the main parking lot for employee parking. No one spoke in support of Report PSD-008-07. (b) Subject: Applicant: Report: Application to Amend the Zoning By-law 84-63 Hope Fellowship Christian Reformed Church PSD.009.07 Carlo Pellarin, Manager of Development Review, Planning Services, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-009-07. Frank Feldman, Cedardale Realty Holdings, appeared before Committee and stated they are the owners of the property west of the subject property. Mr. Feldman stated that the zoning is designated for industrial uses and not for a place of worship. Mr. Feldman explained that expanding the church would more than triple the size of the existing building resulting in bringing the structure closer to the Cedardale property. Mr. Feldman stated they do not support the application as currently proposed. He believes this zoning amendment would impede future industrial use development of the Cedardale property and asked that the application be referred back to staff for further consideration. No one spoke in support of Report PSD-009-07. .4. 304 General Purpose and Administration Committee Minutes January 22, 2007 John DeWilde, Hope Fellowship Christian Reformed Church appeared before the Committee and stated they would like to work with Cedardale Realty Holdings but also stressed they do not want to lose any momentum and are hopeful the process will continue to move forward. Resolution #GPA-029-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Committee recess for 10 minutes. CARRIED The meeting reconvened at 11 :35 a.m. PLANNING SERVICES DEPARTMENT REZONING APPLICATION TO PERMIT TEMPORARY PARKING LOT APPLICANT: GERR HOLDINGS LIMITED Resolution #GPA-030-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report PSD-008-07 be referred back to staff; and, THAT all interested parties listed in Report PSD-008-07 and any delegations be advised of Council's decision. CARRIED REZONING TO PERMIT AN ADDITION TO A PLACE OF WORSHIP APPLICANT: HOPE FELLOWSHIP CHRISTIAN REFORMED CHURCH Resolution #GPA-031-07 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-009-07 be referred back to staff; and, THAT all interested parties listed in Report PSD-009-07 and any delegations be advised of Council's decision. CARRIED .5. 305 General Purpose and Administration Committee Minutes January 22, 2007 MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF DECEMBER 14,2006 AND JANUARY 4,2007 Resolution #GPA-032-07 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-010-07 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on December 14, 2006 and January 4,2007 for applications A2006-0031, and A2006-0050, A2006-0052 to A2006-0054 inclusive, and A2006-0056 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on January 4, 2007 for application A2006-0051 and A2006-0055 is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to appear before the Ontario Municipal Board to defend its original recommendation. CARRIED NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN Resolution #GPA-033-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-011-07 be received; THAT the By-law attached to Report PSD-011-07 be approved to initiate a Community Improvement Plan (CIP), pursuant to Part IV of the Planning Act and Section 22 of the Clarington Official Plan; THAT Councillor Robinson be designated as a member of the Community Focus Group; THAT a member of the Library Board and a member of the Newcastle Arena Board be designated as members of the Community Focus Group; and THAT all interested parties listed in Report PSD-011-07 and any delegations be advised of Council's decision. . CARRIED -6- 306 General Purpose and Administration Committee Minutes January 22, 2007 APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: ST. STEPHEN'S ESTATES INC. Resolution #GPA-034-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report PSD-012-07 be received; THAT the request for Removal of Part Lot Control with respect to Block 81 on Plan 40M-2048 be approved and that the Part Lot Control By-law attached to Report PSD-012-07 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-012-07 and any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: BOWMANVILLE HOTELS INC. Resolution #GPA-035-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-013-07 be received; THAT the application for Removal of Part Lot Control submitted by Bowmanville Hotels Inc. with respect to Block 3 on Registered Plan 40M-2171, be approved and that the Part Lot Control By-law attached to Report PSD-013-07 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-013-07, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED DURHAM REGIONAL OFFICIAL PLAN REVIEW - APPEALS TO AMENDMENT 114 TO THE DURHAM REGIONAL OFFICIAL PLAN REVIEW Resolution #GPA-036-07 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-014-07 be received for information. CARRIED - 7 - 307 General Purpose and Administration Committee Minutes January 22, 2007 CONFIDENTIAL REPORT REGARDING A PROPERTY MATTER Resolution #GPA-037-07 Moved by Councillor Foster, seconded by Councillor Woo THAT Confidential Report PSD-015-07 be referred to the end of the agenda to be considered in a "closed" meeting. CARRIED REASONS FOR DECISION OF THE JOINT BOARD UNDER THE CONSOLIDATED HEARINGS ACT AND THE EXPROPRIATIONS ACT (CASE NO. 04.164) RESPECTING THE PROPOSED EXPROPRIATION OF CERTAIN LANDS OWNED BY THE PORT DARLINGTON HARBOUR COMPANY Staff advised the Committee prior to the meeting that Report PSD-016-07 was pulled from the Agenda and would not be presented to the Committee for consideration at this time. CONFIDENTIAL REPORT REGARDING A PROPERTY MATTER Resolution #GPA-038-06 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT Confidential Addendum to Report PSD-085-06 be referred to the end of the agenda to be considered in a "closed" meeting. CARRIED Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT TRAFFIC BY-LAW 91-58 UPDATE TO THROUGH ROAD AND STOP SIGN SECTIONS AND SCHEDULES Resolution #GPA-039-07 Moved by Councillor Novak, seconded by Councillor Woo THAT Report EDG-008-07 be received; .8. 308 General Purpose and Administration Committee Minutes January 22, 2007 THAT the Through Road and Stop Schedules be updated and consolidated as detailed in Report EGD-008-07; and THAT the proposed by-law and schedules attached to Report EDG-008-07 be approved by Council. CARRIED INTERSECTION OF TRULLS ROAD AND PEBBLESTONE ROAD, COURTICE, PROPOSED ALL-WAY STOP Resolution #GPA-040-07 Moved by Councillor Novak, seconded by Mayor Abernethy THAT Report EGD-009-07 be received; THAT the intersection of Trulls Road and Pebblestone Road become an all-way stop; and THAT the proposed by-law attached to Report EGD-009-07 be approved by Council. CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR DECEMBER, 2006 Resolution #GPA-041-07 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report EGD-01 0-07 be received for information. CARRIED INTERSECTION OF SANDRINGHAM DRIVE AND CLARET ROAD, COURTICE Resolution #GPA-042-07 Moved by Councillor Novak, seconded by Councillor Woo THAT Report EGD-011-07 be received; THAT the intersection of Sand ring ham Drive and Claret Road become an all-way stop with implementation in the summer of 2007; and THAT the proposed by-law attached to Report EGD-011-07 be approved by Council. CARRIED .9- 309 General Purpose and Administration Committee Minutes January 22, 2007 VALIANT SUBDIVISION, BOWMANVILLE, PHASE 1B AND PHASE 2, PLAN 40M-1852 (PART OF) AND PLAN 40M-1910 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-043-07 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report EGD-013-07 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 Phase 1B, part of Plan 40M-1852, and Phase 2, Plan 40M- 1910; and THAT Council approve the by-laws attached to Report EGD-013-07, assuming certain streets within Plans 40M-1852 and 40M-1910 as public highways. CARRIED CONSULTING ENGINEERING SERVICES FOR STEVENS ROAD STEVENS ROAD EXTENSION - GREEN ROAD TO CLARINGTON BOULEVARD Resolution #GPA-044-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report EGD-014-07 be received; THAT Purchasing By-law 2006-127 Section 15.14 be waived for the design and contract administration of Stevens Road; THAT the firm of D.G. Biddle and Associates Limited be retained to furnish professional engineering services for the detailed design and contract administration of Stevens Road capital construction project in the amount of $57,000.00 exclusive of GST; THAT the Mayor and Clerk be authorized to execute an Engineering Agreement with D.G. Biddle and Associates Limited once it has been prepared to the satisfaction of the Director of Engineering Services; and THAT D.G. Biddle and Associates be notified of Council's decision. CARRIED -10 - 310 General Purpose and Administration Committee Minutes January 22,2007 CONFIDENTIAL REPORTS REGARDING PROPERTY MATTERS Resolution #GPA-045-06 Moved by Councillor Hooper, seconded by Mayor Abernethy THAT Confidential Reports EGD-015-07 and EGO 016-07 be referred to the end of the agenda to be considered in a "closed" meeting. CARRIED OPERATIONS DEPARTMENT There were no reports considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports considered under this section of the Agenda. COMMUNITY SERVICES DEPARTME:NT There were no reports considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT ANIMAL SERVICES QUARTERLY REPORT - OCTOBER TO DECEMBER, 2006 Resolution #GPA-046-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report CLD-003-07 be received; and THAT a copy of Report CLD-003-07 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED - 11 . 311 General Purpose and Administration Committee Minutes January 22, 2007 2006 YEAR END PARKING REPORT Resolution #GPA-047-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Report CLD-004-07 be received; and THAT a copy of Report CLD-004-07 be forwarded to the Bowmanville Business Centre for their information. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT MUSEUM GOVERNING BY. LAW UPDATE Resolution #GPA-048-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Report COD-002-07 be Tabled. CARRIED CONFIDENTIAL REPORT REGARDING A PROPERTY MATTER Resolution #GPA-049-06 Moved by Councillor Robinson, seconded by Councillor Woo THAT Confidential Report COD-003-07 be referred to the end of the agenda to be considered in a "closed" meeting. CARRIED FINANCE DEPARTMENT There were no reports considered under this section of the Agenda. .12. 312 General Purpose and Administration Committee Minutes January 22, 2007 CHIEF ADMINISTRATIVE OFFICE There were no reports considered under this section of the Agenda. Resolution #GPA-050-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Committee recess for a 30 minute lunch break, after which, the Committee shall reconvene in a "closed" meeting to discuss four property matters, a legal matter and to discuss personal information regarding applicants for appointments to boards and committees. CARRIED The Committee reconvened in a "closed" meeting at 12:30 p.m. The meeting resumed in open session at 2:55 p.m. RATIFY ACTIONS Resolution #GPA-051-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the actions taken in the "closed" meeting be ratified. CARRIED UNFINISHED BUSINESS WALBRIDGE HOUSE Resolution #GPA-052-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT Staff be instructed to proceed with the conservation Review Board Hearing, and that the owner of 483 King Avenue East (Walbridge House) be informed that the Municipality will be proceeding with local heritage designation regardless of ownership of the building; and THAT all interested parties be notified of Council's decision. CARRIED .13. 313 General Purpose and Administration Committee Minutes January 22, 2007 APPOINTMENTS TO BOARDS AND COMMITTEES Abandoned Cemeteries Board Resolution #GPA-053-07 THAT the following individuals be appointed to the Abandoned Cemeteries Board of Clarington; and THAT the appropriate by-law be approved: John M. Bate Andrew G. Borremans Terry Maye Kerry Meydam Denise Pickett Laura Suchan Paul Vaneyk Councillor Ron Hooper CARRIED Accessibilitv Advisory Committee Resolution #GPA-054-07 THAT the following individuals be appointed to the Accessibility Advisory Committee of Clarington; and THAT the appropriate by-law be approved: Sally Barrie Keith Brettell Norman Hannan Tim Hick David Kelly Darlene Matthews Councillor Ron Hooper CARRIED .14. 314 General Purpose and Administration Committee Minutes January 22, 2007 AQricultural Advisory Committee Resolution #GPA-055-07 THAT the following individuals be appointed to the Agricultural Advisory Committee of Clarington; and THAT the appropriate by-law be approved: Orwin Bandstra Tom Barrie Eric Bowman Mark B. Bragg Gary Jeffery Jennifer Knox Ross McMaster Brenda Metcalf Henk Mulders Donald H. Rickard Ted Watson Councillor Gord Robinson CARRIED Animal Advisory Committee Resolution #GPA-056-07 THAT the following individuals be appointed to the Animal Advisory Committee of Clarington; and THAT the appropriate by-law be approved: Laurie Arnott Rhonda Johnson Peter Klose (Canadian Association of Zoological Parks & Aquariums) John Stoner Dr. Helen Koseck (Veterinarian) Councillor Ron Hooper CARRIED .15. 315 General Purpose and Administration Committee Minutes January 22, 2007 Committee of Adjustment Resolution #GPA-057-07 THAT the following individuals be appointed to the Committee of Adjustment of Clarington; and THAT the appropriate by-law be approved: John Bellman Ellen Cowan Jean-Michel Komaniicki Latifun (Ashna) Prasad James G. Vinson Anthony B. Wood CARRIED Fenceviewers Resolution #GPA-058-07 THAT the following individuals be appointed as Fenceviewers for the Municipality of Clarington; and THAT the appropriate by-law be approved: John M. Bate Barry A. James Milt Robinson Glenn A. Smith CARRIED .16. 316 General Purpose and Administration Committee Minutes January 22, 2007 HiQhwav 407 Community Advisory Committee Resolution #GPA-059-07 THAT the following individuals be appointed to the Highway 407 Community Advisory Committee of Clarington; and THAT the appropriate by-law be approved: Jo-Anne McFarland (Ward 1) Bradford Soles (Ward 1) Denise Pickett (Ward 2) John Sturdy (Ward 2) Andrew Bouma (Ward 3) Mark Canning (Ward 3) Jean-Maurice Cormier (Ward 4) Linda Gasser (Ward 4) Councillor Mary Novak CARRIED Land Division Committee Resolution #GPA-060-07 THAT Jean-Michel Komarnicki be nominated to the Land Division Committee; and THAT the Region of Durham be advised. CARRIED Livestock Valuers Resolution #GPA-061-07 THAT the following individuals be appointed as Livestock Valuers for the Municipality of Clarington; and THAT the appropriate by-law be approved: James E. Coombes Brian Souch CARRIED .17 - 317 General Purpose and Administration Committee Minutes January 22, 2007 Municipal Herita!Je Committee (LACAC) Resolution #GPA-062-07 THAT the following individuals be appointed to the Municipal Heritage Committee (LACAC) of Clarington; and THAT the appropriate by-law be approved: Paul Allore Philip Carlton Jennifer Knox Andrew Kozak Karin Murphy David Reesor James Franklin Rook Laura Suchan Victor Suppan Leslie Wilson (Newcastle Village and District Historical Society) Councillor Mary Novak CARRIED Museums and Archives Board Resolution #GPA-063-07 THAT the following individuals be appointed to the Museums and Archives Board of Clarington; and THAT the appropriate by-law be approved: John Murray (Ward 1) Keith Isnor (Ward 2) James Franklin Rook (Ward 2) Mavis Carlton (Ward 3) Philip B. Ford (Ward 3) Brian James Colville (Ward 4) Jim Richards (Ward 4) Susan Laing (Friends of the Museum) Mayor Jim Abernethy Councillor Gord Robinson CARRIED .18. 318 General Purpose and Administration Committee Minutes January 22, 2007 Newcastle Arena Board Resolution #GPA-064-07 THAT the following individuals be appointed to the Newcastle Arena Board of Clarington; and THAT the appropriate by-law be approved: Lawrence Burke Eric O. Gareau Robert Stirling Holmes Gord Lee. Carol Little Herman Valckx Dave Werheil Councillor Gord Robinson CARRiED Newcastle Community Hall Board Resolution #GPA-065-07 THAT the following individuals be appointed to the Newcastle Community Hall Board of Clarington; and THAT Gabriel Bell be advised of these appointments: Peter de Jong Sierd de Jong Linda Franssen Councillor Gord Robinson Councillor Charlie Trim CARRIED .19 - 319 General Purpose and Administration Committee Minutes January 22, 2007 Orono Arena Community Centre Board Resolution #GPA-066-07 , THAT the following individuals be appointed to the Orono Arena Community Centre Board of Clarington; and THAT the appropriate by-law be approved: Raymond Bester John Withe ridge Councillor Gord Robinson CARRIED Pound Keepers Resolution #GPA-067-07 THAT the following individuals be appointed as Pound Keepers for the Municipality of Clarington; and THAT the appropriate by-law be approved: John Scanlan Arnot Wotten CARRIED Property Standards Committee Resolution #GPA-068-07 THAT the following individuals be appointed to the Property Standards Committee of Clarington; and THAT the appropriate by-law be approved: John M. Bate Gerald W. Brown Douglas Browning Jeffrey A. Haskins Andre O'Bumsawin Peter Reynolds CARRIED .20 - 320 General Purpose and Administration Committee Minutes January 22, 2007 Public Library Board Resolution #GPA-069-07 THAT the following individuals be appointed to the Public Library Board of Clarington; and THAT the appropriate by-law be approved: Brenda Carrigan Judy Hagerman Allan Hewitt Latifun (Ashna) Prasad Brian Purdy Gail Rickard John Withe ridge Councillor Adrian Foster Councillor Charlie Trim CARRIED Samuel Wilmot Nature Area Manaqement Advisory Committee Resolution #GPA-070-07 THAT the following individuals be appointed to the Samuel Wilmot Nature Area Management Advisory Committee of Clarington; and THAT the appropriate by-law be approlied: David Best Arthur A. Burrows Jim Cleland D. Kamstra Joe McKenna Kerry Meydam Brian Reid Jim Richards Dan Sanoi John Stoner Ed Vanhaverbeke Councillor Willie Woo CARRIED .21 . 321 General Purpose arid Administration Committee Minutes January 22, 2007 Traffic ManaQement Advisory Committee Resolution #GPA-071-07 THAT the following individuals be appointed to the Traffic Management Advisory Committee of Clarington; and THAT the appropriate by-law be approved: Kerry Meydam (Ward 1) Lisa Robinson (Ward 1) Gillian Bellefontaine (Ward 2) George Krohn (Ward 2) David Reesor (Ward 2) Andrew Bouma (Ward 3) Clayton M. Morgan (Ward 3) Elwood G. Ward (Ward 3) Gord Lee (Road Watch Committee) Councillor Adrian Foster CARRIED Resolution #GPA-072-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Municipal Clerk be directed to advertise in the local newspaper the remaining vacancies on the following committees: Accessibility Advisory Committee Museum and Archives Board Port Granby Project Traffic Management Advisory Committee CARRIED PRESENTATION - DOUG ALLINGHAM, PRESIDENT, TOTTEN SIMS HUBICKI ASSOCIATES, 407 EAST ENVIRONMENTAL ASSESSMENT Resolution #GPA-073-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Doug Allingham's presentation regarding the 407 East Environmental Assessment be received for information. CARRIED .22. 322 General Purpose and Administration Committee Minutes January 22, 2007 PRESENTATION -SCIENCE AND TECHNOLOGY PARK Resolution #GPA-074-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT the presentation regarding the Science and Technology Park, co-presented by Carlos Salazar, Manager of Community Planning & Design, Municipality of Clatington, Ron Albright, Totten Sims Hubicki Associates, Andrea Gabor, Urban Strategies and the Jeff Climans, The Climans Group, be received for information. CARRIED OTHER BUSINESS Resolution #GPA-075-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT the mandate of the Orono Arena Board be referred to staff for a full review of the arena and community centre operations. CARRIED ADJOURNMENT Resolution #GPA-076-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 3:15 p.m. CARRIED MAYOR DEPUTY CLERK .23 - 323 Clarin . n Leadi"glh. Way gro CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETIN~ DEVELOPMENT APPLICATION BY: 1370304 ONTARIO LTD. PUBLIC MEETING REPORT # PSD-016-07 137034 ONTARIO. LTD. AN APPLICATION TO AMEND WE ZONING BY-LAW 84.03 TAKE NOTICE that the Co~ncn of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendmen~ under Secti9n 34 of the Planning Ad, 1990, as amended. APPLICATION DETALS The proposed Zoning By-law Amendment submitted by 1370304 Ontario LId. would pennn the development of 16 lots for single detached dwellings with a lot coverage of 50 percent for all structures with 45 percent for tile dwelling and permit uncovered decks to projeCt maximum of 2.5 metres into .rear yard rather than 1.5 metres required in the Zoning By-law for only those lols backing onto the open space lands (see reverse). . Planning File Nos.: ZBA 2006-0033 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: . . . . Monday, February 5, 2007 9 :30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance Sl, Bowmanville, Ontario .. ANY PERSON may attend the public meetin9 and/or make written or verbal representation either in support of or in opposition to the proposal. . The start time listed above ref\ecls the. time at which the General purpose and Administration Commillee Meeting commences. DATE: TIME: PLACE: . If you cannot attend the Public Meeting on this application you can make a deputation to Council altheir {'neeting on Monday February 12, 2007. commencing at 7:00 p.m. Should you wish to appear before Council, you must register With the Clerks Departnient by the Wednesday noon, February 7,2007 10 have your name appear in the Agenda.. .. COMMENTS OR QUESTIONS? I f you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption Of the proposed Zoning By-law Amendmen~ you must.submn a written request to the Clerk's Departmenl..2ric1 Floor, 40 Temperance Stree~ Bowrnanville, Ontario L 1 C 3A6. . Additional information. relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the . Planning Services Department, 3'" Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Cynthia Strike at (905) 623-3379 extension 219 or bye-mail at cstrike@clarington.nel APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting. or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of . the appeal. Dated at the Municipality of Claringlon this 3"' day of January, 2007. 40 Temperance Street Bowmanville, Ontario L 1C 3AB David Crome; M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 501 --..------ .. l,) t: " o o a. .. :;: c o ;; '" u .3 ~ .. a. e ll.. "nri -- '- I . ' . -, "" -'l' ~ ,... ' oft ~~ L \, ~', .=T ",. 'o~\, .,..S~ " -* \:!i ' '-1 .. II. \ , ~ ...~. " \ II .... UJ I. U .'" 0 <3: ~ & 0 0 n.. 9 o. en '" z < Z ~ 1- .. . W f_ 0 0.. Q 0 0 .. / .. 0 . 1 .s- .: 0; 0 & .s- .,.. -" ~ i CDi i C") E ~:::z: :1 C") ~ CD lit 0 0; is''''' 'i: q E ~~ rn c .l! co"'l:'Oo-o.Qc o D...;JCDOO o l ii-o o.!!.."lt NT:I!31.;g2o <C.>> <'" <(0.. C') mID .!~ J!!g ~ N g' .3.5.30 ... ! O' ~ ! ~ !;:. .,. " ~ 9 . ~ ! oj, .. . ...-.,.: ..'1" > . \ oQo" .. .. ,.. s "_."'OiiO~ ....<<.1U11t \......:" ..,p:I.Ullot'" ..., . " l;; z ~ ~ ;r ~. ~. Ii /---- tfI;...../ . --,..., ---- . 502 Clarinwn Leading the Way 6 CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING PUBLIC MEETING. REPORT # PSD-017-07 464367 ONTARIO LTD. DEVELOPMENT APPLICATION BY: 464367 ONTARIO LTD. AN APPLICATION FOR AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider proposed amendments to a Draft Approved Plan of Subdivision, under Section 51 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Amended Draft Approved. Plan of Subdivision submitted by 464367 Ontario Ltd.. (Bob Craig) would . perm~ the development of seven (7) detached residential units. The subject property is located in Part Lot 9, Concession 7, former Township of Darlington, at 7064 Liberty Street North, Hamlet of Tyrone, as shown on the reverse. Planning File No.: 18T -86012 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development The public meeting will be held on: . DATE: TIME: PLACE: Monday, February 5, 2007 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General purpose and Administration Committee Meeting commences. If you cannot attend the. Public Meeting on this application you can make a deputation to Council at their meeting. on Monday, February 12, 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, February 7, 2007 to have your name appear In the Agenda. . COMMENTS OR QUESTIONS? I f you wish to make a written submissIOn or if you wish to be notified of subsequent meetings. or the approval of the Amendments to the Draft Approved Plan of Subdivision, you must subm~ a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. Additional infonnation relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the . Planning Services Department, 3" Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Bob. Russell at (905) 623-3379 extension 341 or bye-mail at brussell@Clarington.nel APPEAL .If a person or public body that files a notice of appeal of a decision on the proposed Amendmenls to the Draft Approved Plan of SUbdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Amendments to the Draft Approved Plans of SUbdivision are approved, the Ontario Municipal Board may dismiss all or part of the appeal. . unicipality of Clarington this 4"'. day of January, 2007. 40 Temperance Street Bowmanville, Ontario L1C 3A6 Da . Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 503 - c:i. ~ W9WIlI c '0 S "i ... J!l c 'C. e E II .0. ::::i C Do .. c( 0 .. ".' i: ~ N = III 0 .... I! - !!:.. 0 c ""'" ......" CD Q 0 a. II\' 0 .... II ::!! Ii; - CD - : C') c C ..,. 0 .... III CO = E ..,. II U '0 J.: .3 c III ~ III C ~ ~ .. 0 Q. S! ~ .......,..... ......, ~ Do ~ z w ,> Ii:: ::>. . o o ",;.. Hl~ON l.33~lS Al~3811 ;a07lr ~-_. .. ~ ~~ 0'" '..' I \.... I ;.<~ s.Jb"J.' S.J. . J' I , , ~ I d'. - .~ ," .'.tl:is:i"'I~ . '~t ':~ '-'~"'6C'..... - t~__. ';',."J,._ p' . ,:1 t . . 'Lr ( ),:-- t ~-"l'\._ [ . t l) \..;:.,. 1~61.VI" _ . t1'. ( ...~.;.-.. t./ll~3k--l- . . ( I'"\- f r/ ..... \. ." - , ~~ _ 0 '" " 3W7 "lfnI . '. ':.,l't":" .. i. ",' -os~ "t-J . . - (.I' ...D...~9..l _.._L~CI~~'.!:'< , '\""..'.'\ _ ~.'.r'. .. ---;:~- ..~..." ;: - ":.._.::1.. w--~~- . . . ~~t_ .. ~. ;Ill -7 ~-;f':: tl - =.......1; r' ~ '" ~ - ~ , , .- ..' ,~ . . . . . , ~l .~lIIi"be 1:1E.. t 10' . ~/r'" ___.1...._ -....-. ---/;""--- ," 0/-' -: ... ~ Uo.--. -.-.........--- ~.... -'" . .....:...~.....:::._.1 i ...~.......I., .... .' 1 "j~... .,- '. '$J'I: 'I.. , ., I .........-.. . .OZ.Cl." N I ..;,...., ~~ ........... &l.t' ............'\ I " .j'" "". }JOIIIID3"fIl'...... , I I I ~ . .'t;'IJ -,. u_..~w \ ,'" --_. \ i \ Jt ,~ . \i:U:ZkW-..- -. ~ ~l , >TllrJ J..L INflllflO' 3NOIIJ..L 504 ClwigglOn. CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING PUBLIC MEETING REPORT # .PSD-018-07 ASPEN HEIGHTS LTD. DEVELOPMENT APPLICATION BY: ASPEN HEIGHTS LTD. AN APPLICATION FOR DRAFT PLAN OF CONDOMiNIUM APPROVAL T AKE.NOTICE that the Council 01 the Corporation 01 the Municipality 01 Clarington will cOn~ider ~ p~oposed draft plan 01 condominium, under Section 51 01 the Planning Act, 1990, as amended.. APPLICATION DETAILS The. proposed draft plan of condominium submitted by Aspen Heights Ltd. would permit condominium tenure for five low rise apartment buildings containing 162 residential dwelling units. The subject property is located in Part Lots 15 & 16, Concession 1,. 10rmerTownship of Darlington, at 120-136 Aspen Springs Drive, Bowmanville. Planning File No.: C-C-2006-0003 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opporlUnity to make comments, identify issues ,md provide additional information relative 10 the proposed developmerl. The public meeting will be held on: . DATE: TIME: PLACE: Monday, February 5, 2007 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above .refiects the time at which the General purpose and Administration Committee Meeting commences. II you cannot attend the Public Meeting on .this application you can make a deputation to Council at their meeting on Monday February 12,2007, commencing at 7:00 p.m. Should you wish to appear beloreCouncil, you must register with the Clerks Department by the Wednesday noon, February 7, 2007 to have your name appear in the Agenda.. COMMENTS OR QUESTIONS? I f you wish to make a written submission or il you wish to be notified of subsequent meetings or the apprpval of the Draft Plan of Condominium, you must submit a written requesUo the Clerk's Departrnen~ 2'" Floor; 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6. Additional information relating to the proposal is available lor inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3'" Floor, 40 Temperance Street, Bowmanville, OntarioL1C 3A6, or by calling Susan Ashton at (905) 623-3379 extension 218 or bye-mail atsashton@municipality.c1arington.on.ca APPEAL If .a person or public body that files a notice 01 appeal of a decision lor the proposed Draft Plan of Condominium to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions belore the proposed Draft Plan 01 Condominium is approved, the Ontario Municipal Board may dismiss all or part 01 the appeal. t the Municipality of Clarington this 2"" day of January 2007. David Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario Lie 3A6 ;JUO - :! :! '> :; c C c .. II "Ii .. ~ ii: .~ E :i CD m ~ :l S ,; C. 'E .c ... > C E al .. i: C a; :;: .0 . 0 ::c c. " CO 'C C .2 I:ll C .c Gl ... c C 0 Do .i: ~(J u Do ~ 0 II) CJ c ... c . 0 ~ ~ CJ .. !. at Gl . C C ... ~ i: ~ e II 0 Il. co i3 .., .... . .,. N ..... ~ t rnJ ~j;l '" Q.' OJ" iliil Q.j5 ~'" III - ~ a: o U) (!) z a: a. U) z w a. ~ 506 ClfllmglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: General Purpose and Administration Committee Date: Monday, February 5, 2007 Report #: PSD-016-07 File #: ZBA 2006-0033 By-law #: Subject: REZONING TO PERMIT INCREASED RESIDENTIAL LOT COVERAGE AND REAR DECK PROJECTIONS APPLICANT: 1370304 ONTARIO LTD. (HALMINEN HOMES) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-016-07 be received; 2. THAT provided there are no significant issues raised at the Public Meeting, the application for rezoning submitted by 1370304 Ontario to permit increased lot coverage and deck projections for lots in Draft Approved Plan of Subdivision 18T-98012, be APPROVED and the By-law shown on Attachment 2 be forwarded to Council; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D id . rome, M.C.I.P., R.P.P. Direct ,Planning Services "- Reviewed bY:cJ ~~ Franklin Wu Chief Administrative Officer CS/CP/DJC/df January 30, 2007 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-016-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1370304 Ontario Limited (Halminen Homes) 1.2 Rezoning: To increase total lot coverage from 40 percent to 50 percent for all structures on Lots 1 to 16, allowing a maximum 45 percent lot coverage for the single detached dwelling; and to permit uncovered decks to project 2.5 metres into the rear yards rather than the 1.5 metres currently permitted, only for Lots 8 to 16 in Draft Approved Plan of Subdivision 18T-98012. 1.3 Site Area: 1.13 hectares 2.0 LOCATION 2.1 The subject property is located north of Devondale Drive and east of Tooley Creek, and forms the extension of McLellan Court, in Courtice, being Part of Lot 32, Concession 3, former Township of Darlington (Attachment 1). 3.0 BACKGROUND 3.1 On Deeember 8th, 2006, Staff received an application from 1370304 Ontario Limited to rezone Lots 1 to 16 in Draft Approved Plan of Subdivision 18T-98012. The applicant requested an increase in the lot coverage from forty (40) percent to fifty (50) percent and a forty five (45) percent maximum lot coverage for the dwelling on all the lots. The additional five (5) percent will allow individual homeowners to erect accessory buildings if they so desire without requiring an application for minor variance. The applicant is also requesting that uncovered decks be allowed to project 2.5 metres into the rear yards rather than the 1.5 metres currently permitted. This request is only for Lots 8 to 16, which back onto the Tooley Creek valley. 3.2 The Plan of Subdivision was draft approved by the Region of Durham on January 8th, 2000. The applicant has entered into a subdivision agreement with the Municipality. All securities have been received and valleylands have been transferred. The registration of the plan will likely take place in the first quarter of this year. 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The subject lands are relatively flat, with the most westerly portion sloping towards the Tooley Creek valley. The storm, sanitary and water services have 602 REPORT NO.: PSD-016-07 PAGE 3 been installed and the road, being the extension of McLellan Court, has been paved. The lots have also been rough graded. 4.2 Surrounding Land Uses: North - woodlot West - creek valley and woodlot associated with Tooley Creek East - single detached dwellings South - single detached dwellings 5.0 PROVINCIAL POLICY 5.1 Provincial Policv Statement The Provincial Policy Statement states that in Settlement Areas appropriate development standards should be promoted which facilitate intensification redevelopment and compact form, while maintaining appropriate levels of public health and safety. This plan of subdivision was draft approved for single family detached dwellings in 2000, prior to the Provincial Policy Statement. The development is utilizing nearby infrastructure and is outside of the Tooley Creek valleylands. As such, the development is consistent with the intent of the Provincial Policy Statement. 5.2 Provincial Growth Plan The subdivision was granted draft approval prior to the Provincial Growth Plan. However, the Growth Plan does require new growth to be directed to the built~up areas of the community. The rezoning application does not conflict with the Growth Plan. 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Reqion Official Plan The lands are designated Living Area within the Durham Regional Official Plan. Lands designated as Living Area permit the development of residential areas, incorporating the widest possible variety of housing types, sizes and tenure. The application conforms. 6.2 Clarinoton Official Plan The subject lands are designated Urban Residential in the Clarington Official Plan. The use of lands within the Urban Residential designation. shall be predominately for single and semi-detached housing. Prior to draft approval, an Environmental Impact Study was undertaken to determine development limits and appropriate buffers to the Farewell Creek valley. Plan of Subdivision 18T- 603 REPORT NO.: PSD-016-07 PAGE 4 98012 was draft approved some seven years ago and conforms with the applicable Official Plan policies. 7.0 ZONING BY-LAW 7.1 The subject lands are currently zoned "Urban Residential Type (R1) Zone" and "Urban Residential Exception (R2-4) Zone". The zone boundary follows land ownership prior to the approval of the plan of subdivision and bisects 5 of the 16 . lots, so that one half of the plan is zoned (R1) and the remainder is zoned (R2-4). An amendment to the Zoning By-law is required to put the five (5) lots in question into one zone. In addition, the applicant has requested an increase in lot coverage and for the deck projection on the lots backing onto the Tooley Creek valleylands. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. A public notice sign was installed on the subject site fronting onto the existing opened portion of McLellan Court. 8.2 As of the writing of this report, staff have received one phone call from an area resident who inquired about the potential for similar development on Islay Court, which is north of the subject site. 9.0 AGENCY COMMENTS 9.1 The application was circulated to various departments and agencies for comment. 9.2 Both the Region of Durham and the Central Lake Ontario Conservation Authority have offered no objection to the proposed rezoning. 9.3 The Engineering Services Department has noted that the proposed increase in lot coverage to 50% has a potential to increase the storm sewer co-efficient for the existing storm sewers. The applicant's engineer has demonstrated to the satisfaction of the Engineering Services Department, that the existing storm sewers within the tributary watershed area have adequate capacity to accommodate the post-development drainage from the subject subdivision. 10.0 STAFF COMMENTS 10.1 The applicant is requesting an increase in the lot coverage from forty (40) percent to fifty (50) percent with forty five (45) percent for the dwelling for all the lots. The additional five (5) percent can allow individual homeowners to erect 604 REPORT NO.: PSD-016-07 PAGE 5 accessory buildings. The applicant is also requesting that uncovered decks be allowed to project 2.5 metres into the rear yard for Lots 8 to 16, which lookout onto the Tooley Creek valley. 10.2 The lots are considered wide shallow lots. The lot frontages are approximately 16 metres, rather than the 12 metres minimum required in the R2 zone, and are slightly shallower, being 29 metres rather than conventional lot depths of 31 metres or greater. The wide shallow lot results in a larger house footprint and a greater house presence along .the street frontage. To ensure that the garage does not dominate the house and the overall streetscape, the garage doors shall be allowed to project no more than 0.6 metres from the dwelling's front wall. 10.3 The Zoning By-law permits deck projections to be a maximum of 1.5 metres into the rear yard. For lots 8 to 16, the decks will be elevated above the grade, and will be used as an amenity area. By increasing the deck projection into the rear yard of up to 2.5 metres, it allows the homeowners to have a greater area to put deck furniture on and enjoy views to the valley. 10.4 The Finance Department advises that there are no outstanding taxes on this property. 11.0 CONCLUSIONS 11.1 Provided there are no significant issues raised at the Public Meeting, staff respectfully recommend that the proposed amendment to By-law 84-63 be APPROVED, as shown on Attachment 2. Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: 1370304 Ontario Limited D.G. Biddle Associates 605 .. u 1: ::l o U -__. I --- , -l , - Cl. .. :E c o ::: .. u o ... ~ .. Cl. e IL -1 n .. -----. = =y , ~ ... c" ~3 , " g'" e'f " ~ , ,-~ , eN , ..J:i " , ~ I , >- >- ,; , ,; rol: p., I ::J, 0 0 ~ , ~ 3: I ".N ~ -:3 .: , " .! \ f::'\ 00 , -, \ , o >- , ..' \ OM ";3 ' " ~~ , '. ~ \ --:1 '" >< u 9 co .y , . ; 0 :.. ,. l:l u ato"n ^ 1l!"Ot,;?.JIN!IZI " ~ ,~ >< I, a, 0 U 'l:l w U .,. <( ., ~ ll.. 0 en 0 _. Z <: ... W a. ll.. 0 >- 0 ,. . .. ,M ". C") C") Q Q I CQ Q Q N ~ N e -7-0 ,. >- S >- . C:O c) 1 p'. ~ . >-M o. ..:3 " >- ~ ~- ;::! :.d? u. ~r. .- . " . z ,~ ~ , >- " ~ >- ill -- -- - Attachment 1 To Report PSD-016-07 'E GI E 'tl C GI E < ~ .!! . >- m Q c C o N 'tl e S Q) as -e Ol:i: :::i l!! II) 0 CD . >N "i: >-()o >- c J!lc al alo '20 .,,"" 0 oS...J Q) U (,)-c u.~.... Q) m i e c ~ ~ <~ ~ ~u~~~ ..J.!: ..JC D~ ;.: GI C ~ ~ ~ .~ o ., ~:! >- 9 .;, ."/..., ~. ,\:".j.;'1'\ 'i}.c\.- \ \ ~ ,. 3 -----ooo:;r- 1::-. \..'i"....."'."... ,",-C:l.oo.!t1'4 -l'tZ"Z 606 Attachment 2 To Report PSD-016-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2006-0033; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding hereto the following new Special Exception 13.4.46 as follows: "13.4.46 URBAN RESIDENTIAL EXCEPTION (R2-46) ZONE Notwithstanding Sections 13.2 e) the lands zoned R2-46 on the Schedules to this By-law shall be subject to the following regulations: a) lot Coverage (maximum) i) single detached dwelling ii) all structures 45 percent 50 percent b) No garage door shall project greater than a maximum of 0.6 metres from the front wall of the dwelling: 2. Section 13.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding hereto the following new Special Exception 13.4.47 as follows: "13.4.47 URBAN RESIDENTIAL EXCEPTION (R2-47) ZONE Notwithstanding Sections 3.1 i. Iii) and Section 13.2 e) the lands zoned R2-47 on the Schedules to this By-law shall be subject to the following regulations: a) lot Coverage (maximum) i) single detached dwelling ii) a II structures 45 percent 50 percent b) Unenclosed deck projection into the rear yard from the dwelling (maximum) 2.5 metres c) No garage door shall project greater than a maximum of 0.6 metres from the front wall of the dwelling." 3_ Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Urba~ Residential Exception (R2-46) Zone", "Urban Residential Type One (R1) Zone" to "Urban Residential Exception (R2-47) Zone" and "Urban Residential Exception (R2-4) Zone" to "Urban Residential Exception (R2-46) Zone" and "Urban Residential Exception (R2-4) Zone" to "Urban Residential Exception (R2- 47) Zone". 607 4. Schedule "A" attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of the passing hereof. subject to the provisions of Section 34 of the Planning Act. 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 L. Barrie. Municipal Clerk 608 This is Schedule "A" to By-law 2007- passed this day of .2007 A.D. 1 C R _ e. D 7 4 g. 0 . . , All. 1, " \ , 1 lET elIT \ , \ \ , , ~ \ , , = = " I'.1H..U1OO-D114 " .-.-- , > _.---.""-1: A N 1 \! , o P L A ~ 4': R _ I r 0 4 _ 0 06' OIU ~1l7I' D<:\IOICDALE sn ~ Zoning Change From "R1" To "R2-46" ~ Zoning Change From "R1" To "R2-47" Jim Abemethy. Uoyor ~ .'.,.,.,.,. ............ mimHi1: Zoning Change From "R2-4" To "R2-46" Zoning Change From "R2-4" To "R2-47" Patti L Barrie. Municipcll Clerk Courtice ~ ~ 609 CI~ilJgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 5, 2007 Report #: PSD-017-07 File #: 18T-86012 By-law #: Subject: TYRONE SUBDIVISION - AMENDMENT TO DRAFT APPROVAL APPLlCANT:464367 ONTARIO LTD. (BOB CRAIG) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-017-07 be received; 2. THAT the application to amend Draft Approved Plan of Subdivision 18T-86012, be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. THAT all interested parties listed in Report PSD-017-07 and any delegations be advised of Council's decision. S"bm~ed by, ~ ' DaVid J. Crome, M.C.I.P., R.P.P. Director, Planning Services Reviewed by: d ~---~ Franklin Wu Chief Administrative Officer January 30, 2007 BR/CPIDJC/dflsh CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 610 REPORT NO.: PSD-017-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 464367 Ontario Ltd. (Bob Craig) 1.2 Proposed Amendment to Draft Approved Plan of Subdivision: The number of residential units is being reduced from nine (9) to seven (7). 1.3 Plan Area: 3.65 hectares (9.02 acres) 1.4 Location: Tyrone, north of Concession Road 7 and west of Liberty Street North 2.0 BACKGROUND 2.1 On August 8, 2006, the Planning Services Department received from 464367 Ontario Ltd. (Bob Craig) the subject application to amend the Draft Approved Plan of Subdivision. 2.2 The existing draft approved plan, as amended August 24, 1989, provided for nine (9) lots with a minimum lot area of 0.3 hectares (0.75 acres). Planning and other regulatory standards have changed since then and to help facilitate final approval of the subdivision, the applicant is revising the proposal downward to seven (7) lots to conform with current Ministry of the Environment standards for nitrate dilution. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is within the Hamlet of Tyrone and vacant. 3.2 The surrounding land uses are as follows: North - South - East - West - vacant detached dwellings detached dwellings Tyrone Community Hall 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the property's Liberty Street North frontage. The sign was posted 28 days prior to the public meeting date. 4.2 As a result of the public notification process, to date, the Planning Services Department has received one telephone inquiry from a potential lot purchaser. 611 REPORT NO.: PSD-017-07 PAGE 3 5.0 PROVINCIAL POLICY 5.1 Provincial Policv Statement The proposal when built will round out the Hamlet of Tyrone in its northwest quadrant. This is consistent with the Statement's requirement for settlement areas to be the focus of growth and for their vitality and regeneration to be promoted. The proposal is not a Hamlet expansion but instead represents development within the hamlet limits. 5.2 Greenbelt Plan Development within hamlets such as Tyrone, identified in local Official Plans, is not subject to the policies of the Greenbelt Plan. The Clarington Official Plan policies govern the development of new lots within the existing boundary. The Greenbelt Plan permits infill and intensification of hamlets subject to appropriate water and sewage services. 6.0 OFFICIAL PLANS 6.1 Reoional Official Plan The Regional Official Plan designates the subject property as within the hamlet symbol given its designation in the local (Clarington) Official Plan. This proposal conforms. 6.2 Clarinoton Official Plan The Clarington Official Plan designates the subject property as Hamlet Residential. The proposed use conforms. This amendment to draft approved plan of subdivision application was accompanied by a comprehensive report on: analysis of the area's hydrogeological regime, assessment of both the long-term suitability of the soil for private sewage disposal (septic systems) and surface drainage. This report was subjected to a peer review process conducted by a consultant working for the Region and in short, the findings were validated. 7.0 ZONING BY-LAW 7.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned "Holding - Residential Hamlet ((H)RH) Zone" with the exception of the front or east end of the subdivision road allowance which is "Residential Hamlet (RH) Zone". This proposal conforms. 8.0 AGENCY COMMENTS 8.1 The application to amend the Draft Approved Plan of Subdivision was circulated to various agencies and other departments by the Planning. Services Department. Clarington Emergency and Fire Services, the Clarington Building Division, the public school board and Rogers Cable had no objections. Other comments received to date are as follows. 612 REPORT NO.: PSD-017-07 PAGE 4 8.2 The separate school board requested safe pedestrian routes and street crossings as well as traffic planning to facilitate school bus movements. 8.3 Clarington Operations Department noted that in the Venton Court Subdivision, directly east of this proposal there is an on going drainage problem and there is a concern that this development may contribute further to the stormwater issues that exist to the east. It would be expected that allstormwater will be addressed on the proposed site. The applicant has submitted a revised Amending Draft Plan, a revised preliminary lot grading plan and an explanatory cover letter, all of which are in re-circulation to the few agencies/departments that had concerns, including Clarington Operations Department. 8.4 The Regional Health Department noted the Gibson and Associates .Report is unclear about what is to be done with the existing dug wells on the down-gradient adjacent existing lots. Regional Health is working with Regional Planning to formulate the Region's revised Conditions of Draft Approval. 8.5 Clarington Engineering Services Department required a single 5.0 metre x 5.0 metre sight triangle on the south side of the intersection of Street A and Liberty Street. A triangle is not required on the north side of the intersection due to a previous road dedication. The Department noted the applicant proposes to relocate the entrance to the residence on the southwest corner of Street 'A' and Liberty St. N. Written confirmation of their concurrence must be submitted. A boulevard retaining wall is proposed for the south side of the internal street situated adjacent to an existing residential property. Boulevard retaining walls are generally not permitted and alternative design options should be considered. A significant amount of drainage water from the subject lands will be conveyed onto private property to the northeast. It is not clear if a drainage easement has been secured that will properly accommodate this drainage water. Additional engineering details will be required for the works that will be constructed within the drainage easement. There are existing historic drainage problems downstream of this development. The applicants engineer must demonstrate that the post development drainage that is conveyed onto adjacent private property and the Liberty Street North road allowance will be restricted to pre-development levels and will not exacerbate the existing problem. The applicant has recently submitted a revised Amending Draft Plan, a revised preliminary lot grading plan and an explanatory cover letter, all of which have been re-circulated to the few agencies/departments that had concerns, including Clarington Engineering Services. 8.6 Central Lake Ontario Conservation notes Authority staff supports the plan of subdivision in principle but requires additional detailed information on the design of the drainage easement from Lots 5 and 6 through an easement on private property east to Liberty Street North. The easement must be adequate for 100 year storms despite the reduction in land area that will be drained by it. The revised circulation is expected to address this issue. It is understood drainage from roof leaders, front yards and the road will be conveyed to the subdivision's road allowance ditch but not the Liberty Street North ditch. Instead it will be conveyed across Liberty Street and through the Venton Court subdivision. Design details confirming the adequacy of this scheme must be providec;l. 613 REPORT NO.: PSO-017-07 PAGE 5 The side yard swale of Lots 2 and 3 outlets toward private property whereas it should go to Tyrone Community Park property and the existing drainage channel. The Authority requests Conditions of Draft Approval that require, prior to on~site work or final approval of the plan, the submission to the Authority and Clarington and obtain approval from same, for reports on: conveyance of stormwater in accordance with provincial guidelines, proposal impact on water quality for fish and wildlife after mitigation, erosion and sedimentation control in accordance with provincial guidelines and the Canada Fisheries Act. The Authority requires the subdivision agreement stipulate the Owner is to maintain all stormwater and erosion/sedimentation structures in a manner satisfactory to the Authority and is to provide 48 hours notice prior to on-site work. 9.0 STAFF COMMENTS 9.1 The number of residential units is being reduced from nine (9) to seven (7). Planning and other regulatory standards have changed since the Amendment to Draft Approval permitting nine (9) units was approved (1989) and to help facilitate this subdivision's final approval, the applicant has taken the initiative to bring the plan into conformity with current standards particularly in regard to hydrogeological and soils conditions as they affect private servicing schemes. This has resulted in the proposal being revised downward to seven (7) detached units. 9.2 The consultant, Walter Gibsoh, in response to the Regional Health Department concern, prepared a letter that noted there was only one dug well that supplied potable water to a dwelling on the down~gradient adjacent lots. . It was further noted that the property owner/resident with the above dwelling had told the consultant they were entirely satisfied with the dug well water supply, to their knowledge the dug well had never had a supply disruption and he preferred keeping the existing large diameter well rather than replacing it with a deeper drilled well. The response letter commented that the hydrogeologic study had concluded that there is no known well supply problem along the down-gradient, east side of the development property and as such, no remediation plan for the existing private wells of Tyrone. 9.3 Staff endorses the walkway location provided in the plan, however, has requested that it be widened to 6 metres. With this subdivision amendment proposal, energy conservation will be ensured through draft approval condition, which requires the submission of an energy management plan. A landscaping plan, acceptable to the Directors of Planning Services and Engineering Services will also have to be submitted. 10.0 CONCLUSIONS 10.1 The purpose of this report is to give the status of the application for the public meeting, and identify comments and issues received to date, and it is appropriate to have the application referred back to staff for further processing. 614 REPORT NO.: PSD-017-07 PAGE 6 Attachments: Attachment 1 - Proposed Amended Draft Plan of Subdivision and Key Map 615 nUCI\..IIIIIC;ln I To Report PSD-017-07 ~ ! ~ "0 .s c E i l:l. :::i l:l. c 0( 0 ~ i: .. N ~ ~ Q ..- .. 0 CD Q 0 E '" .. 0Yml SN3r\l;nO iii' 0 ~ 0 0.13 - !!:. I- - C') co c ~ Q. ..- CD CQ .. E ~ :IE c "0 .: 0 c CD :;::l CD C .. E ~ u 0 0( ... ~ HUlON 1.33Hl$ AUB9I1 !. e lL , z f2 z w > I- 0:: ::l o () HIClON 133~!.S. AH:I_~8~~__ ;.. -- '" ~ -"" .~.. . ~ ..li:l" ------- 3.WI'''(I71t' 4rt*- . ~ ~ . > 3fw1"1RtItI ~ ~ ~ ~ ---7'~- 'l! .-,/"'/ ------.-- ~ - ~ i::-:"'7.' . < l:1{ .... ~ .=:>.. ~=--..:;' -: =_-'0:- '1IO '"00.,"> l;_ / '- . " .(It' ,," ....// /' .' N ./ N ,/.~ / - ...::--- - .,----/-- / / / / ", / . _.~1t ___.L. )1 , " ..- y" "Ql'5i1.flr.N/,"-~'1 111'91,. 'Wl!~!(l ;o:>'fflr1'Ml .~~ " , Yrc:nw ) ,. ~ )(YVd ,J,) INnJ'Vif('l~ 3NMf)..j 616 ClfJ!inglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 5, 2007 Report #: PSD-018-07 File #: C-C-2006-0003 By-law #: Subject: APPLICATION FOR A 162 UNIT DRAFT PLAN OF CONDOMINIUM APPLICANT: ASPEN HEIGHTS L TO. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend.to Council the following: 1. THAT Report PSD-018-07 be received; 2. THAT the Draft Plan of Condominium application, submitted by Aspen Heights II Ltd. be APPROVED and that the Director of Planning Services be authorizeq to issue Draft Approval, subject to the conditions as contained in Attachment 2; 3. THAT a copy of Report PSD-018-07 be forwarded to the Durham Region Planning Department; and, 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: o i . Crome, M.C.I.P., R.P.P. Direc or, Planning Services Reviewed by: C"- ') ~ ~-~ Franklin Wu Chief Administrative Officer January 30, 2007 SNCPIDJC/df/jd CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 617 REPORT NO.: PSD-018-07 . PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Aspen Heights Ltd. 1.2 Draft Plan of Condominium Application: To permit condominium tenure in five low-rise buildings containing 162 residential units. 1.3 Site Area: 2.732 hectares 2.0 LOCATION 2.1 The subject lands are located at 120, 124, 128, 132 & 136 Aspen Springs Drive in Bowmanville (Attachment 1). The property is contained within Part Lots 15 & 16, Concession 1, in the former Township of Darlington. 3.0. BACKGROUND 3.1 On October '23, 2006, the owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure in five low-rise residential buildings containing 162 units. A site plan agreement has been entered into between the Owner and the Municipality of Clarington and construction is nearing completion on all of the five buildings. 4.0 OFFICIAL PLAN POLICIES 4.1 Durham Region Official Plan The lands are designated "Living Area" within the Durham Region Official Plan. The goal of the Living Area designation is to provide a full range of housing. 4.2 Clarington Official Plan Within the Clarington Official Plan, the subject lands are designated "High Density Urban Residential". The High Density Urban Residential designation permits 61-100 units per net hectare. The application conforms to the policies. 5.0 ZONING BY-LAW CONFORMITY 5.1 The subject lands are currently within the "Urban Residential Exception (R4-24) Zone". The R4-24 zone permits a maximum of 60 units per hectare. This application would conform to the zoning provisions. 618 REPORT NO.: PSD-018-07 PAGE 3 6.0 AGENCY COMMENTS 6.1 There were no objections from the circulation of this application. 6.2 Central Lake Ontario Conservation and Durham Region Planning Department had no objection but included in their comments conditions for the Condominium Conditions of Draft Approval. 7.0 STAFF COMMENTS 7.1 A site plan agreement with the Municipality of Clarington detailing the location of buildings and landscaping features is presently registered on title. The site plan agreement also covers financial matters, including development charges and performance guarantees for landscaping and engineering works. The appropriate Letters of Credit were obtained from the Owner for these performance guarantees. This property is also within a registered plan of subdivision and the appropriate parkland dedication was made through the plan .of subdivision. Staff has no objections to the approval of the application for Draft Plan of Condominium. 7.2 Building permits have been issued for all of the five buildings, representing 162 units, and construction is advanced. 7.3 The Owner is aware that the Municipality shall require a site plan amendment to implement the conditions of draft approval contained in Attachment 2 of this report. 8.0 CONCLUSIONS 8.1 Based on comments contained in this report it is respectfully recommended that the Director of Planning Services be authorized to issue draft approval for the proposed condominium, subject to the attached conditions of draft approval contained in Attachment 2. Attachments: Attachment 1 - Condominium Plan Attachment 2 - Conditions of Draft Approval 619 Anacnment 1 To Report PSD-018-07 ::I ~ '> c c ~ .. ~ I'll 'l:i .. CL E E :i ~ III I") = J!l III c> 0 C .c - > 0 E Cl Q. "l: 0 Gi .. 0 . 0 :J: :E .. co "CI c. Cl 0 C C 0 C 0 0 CD :;:; "l: ~ U a. .. ~ u Cl. .s Ul t,) C C . 0 0; t,) - ~ CD Cl CD Cl. C C co .:l Q. ;: ~ e Ul ..!!! 0 lL ... U ";' 0 N ... 7'A. -;. \ 9- ~ ii I>- 1; \ o ~ ~ a: c '" Cl z ii: lL '" Z W lL !!,! 620 rmacnmen To Report PSD-018- DRAFT PLAN OF CONDOMINIUM C-C-2006-003 CONDITIONS OF DRAFT APPROVAL 1. The Owner shall have the final plan prepared on the basis of a pproved draft plan of condominium C-C-2006-003 prepared by J.D. Barnes Limited identified as job number 05-25-765-00, dated October 12, 2006, which illustrates 162 condominium apartment units, parking and private roadways. 2. The Owner shall agree in the Municipality of Clarington Condominium Agreement to implement the recommendation of the report, entitled "Noise Impact Study - Aspen Heights, III", prepared by Sernas Associates, which specifies noise attenuation measures for the development. The measures include the required warning clauses identified in the study. The agreement must contain a full and complete reference to the noise report (Le. author, title, date and any revisions/addenda). 3. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of an agreement between the Owner and the Municipality of Clarington concerning such matters as follows: compliance with the Municipality's approved site plan in terms of refuse collection, snow storage and driveway entrance maintenance. 4. Prior to final approval of this plan of condominium for registration, the Director of the Planning Services for the Municipality of Clarington shall be advised in writing by: a) Durham Region Planning Department, how Conditions 1 and 2 were satisfied. NOTES TO DRAFT APPROVAL 1. As the Owner of the proposed condominium, it is your responsibility to satisfy all of the conditions of draft approval in an expeditious manner. The conditions to draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 2. All plans of condominium must be registered in the Land Titles system within the Regional Municipality of Durham. 3. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 621 CI~-mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 5,2007 Report #: PSD-019-07 File #: ZBA 2006-0024 By-law #: Subject: REZONING TO PERMIT AN ADDITION TO A PLACE OF WORSHIP APPLICANT: HOPE FELLOWSHIP CHRISTIAN REFORMED CHURCH RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-019-07 be received; 2. THAT the rezoning application submitted by Reinders and Reider Ltd. on behalf of Hope Fellowship Christian Reformed Church be APPROVED; 3. THAT the By-law contained in Attachment 4 be forwarded to Council for ADOPTION; 4. THAT a Zoning By-law amendment for the Removal of Holding (H) be forwarded to Council at such time all site plan and transportation issues have been resolved; and, 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: oflvid . Crome, M.C.I.P., R.P.P. Director of Planning Services r.\~ <t..5lc Reviewed by':----J - Franklin Wu, Chief Administrative Officer CP/DJC/df January 30, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 622 REPORT NO.: PSD-019-07 PAGE 2 1.0 1.1 APPLICATION DETAILS Owner: Hope Fellowship Christian Reformed Church 1.2 Agent: Reinders and Reider 1.3 Rezoning: To rezone the lands from "Agricultural Exception (A-73)" and "Agricultural (A)" to permit the expansion of the existing place of worship. 1.4 Location: 1685 Bloor Street. 2.0 BACKGROUND 2.1 On September 11, 2006, Hope Fellowship Christian Reformed Church submitted an application to rezone the lands south of the existing church to permit the expansion. of a place of worship. A site plan application was submitted simultaneously with the rezoning application to facilitate the construction of a 1608.7 square metre addition. 2.2 The existing building was originally built in 1959 as a public elementary school but sold to Hope Fellowship Christian Reformed Church in 2003. On September 13, 2003 Council approved By-law 2003-113 to permit the existing building to be used as a place of worship. 2.3 Th.e existing building is currently used for meeting rooms throughout the week. The addition would include a sanctuary for weekly worship services. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 A public meeting in accordance with the Planning Act was held on January 22, 2007. Cedardale Realty Holdings Inc., the adjoining land owner to the west. submitted a letter of concern a few days in advance of the meeting and were also represented at the public meeting by their solicitor Frank Feldman. . 3.2 The concerns raised in the letter and at the meeting deal with the fact that the subject lands together with the abutting lands owned by Cedardale Realty Holdings Inc. are designated "Light Industrial". The Light Industrial designation does not permit a place of worship and it is argued by the adjoining neighbours that the expansion of the church "is not appropriate, is not desirable and does not represent good planning." The letter went on to state that "planning approval (of the subject application) wi/! result in the establishment of a large institutional use (that could include a school component and day care facility) that wi/!significantly 623 REPORT NO.: PSD-019-07 PAGE 3 jeopardize or limit the development opportunities of my client's lands for the uses that are currently permitted by the Official Plan." The letter further notes that based on Ministry of the Environment Guideline MOEE D6 dealing with incompatible uses, a separation to the church of 70 to 300 metres may be imposed based on uses that would be permitted by the policies of the existing Light Industrial designation. 4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS 4.1 The property is occupied by a 693 m2 (6970 sq. ft.), former five classroom, single floor school building. As municipal water and sewers do not service the area, the school is serviced by a private well and septic system located on the property. A storage container is located on the east side of the property for temporary storage. 4.2 Surrounding Uses: West - North - East - South - limited existing residential and agricultural the Courtice Flea Market and limited existing residential limited existing residential and agricultural limited existing residential and agricultural 5.0 PROVINCIAL POLICY STATEMENT 5.1 Provincial Policy Statement The Provincial Policy Statement states that Settlement Areas shall be the focus of growth promoting efficient land use and development patterns. Planning authorities shall plan for, protect and preserve employment areas. In addition, transportation corridors shall be protected to meet current and future needs. The application conforms to the intent. 5.2 Provincial Growth Plan The proposal does not conflict with the Provincial Growth Plan. 6.0 OFFICIAL PLAN CONFORMITY 6.1 Durham Reqion Official Plan The Durham Region Official Plan designates the property "Employment Area" within the urban boundary of Courtice. Although a place of worship is not . permitted in the Employment Area, policies in the Plan allow for the continuation, expansion, or enlargement of uses which do not conform. 624 REPORT N'O.: PSD-019-07 PAGE 4 6.2 ClarinQton Official Plan The Clarington Official Plan designates the subject property "Light Industrial Area". Section 11.5.2 states: "The predominant use of land in the Light Industrial Areas shall be manufacturing, assembling, processing, fabricating, repairing, research and development and warehousing. " 6.3 Despite the fact that a school or church is not consistent with the intended use of the "Light Industrial Area", Section 23.5 concerning Non-Conforming uses states that it is not possible or desirable to recognize all existing uses in the Official Plan and provides criteria to be considered prior to passing a by-law to recognize the continuation, expansion or enlargement of a non-conforming use, or the variations to similar uses. The application will be reviewed under these policies. 6.4 The church fronts onto Bloor Street. This section of Bloor Street is a Regional Type 'A' arterial road. Type 'A' arterials are to be designed to efficiently move large volumes of traffic at an operating speed of 70 km/hr in Urban Areas. With a right-of-way width of 36 to 50 metres, access in an urban area is to be limited to every 200 metres on the road. 6.5 The Clarington Official Plan designates the area north of the subject property, north of Bloor Street, as "Future Urban Residential". These areas shall only be used for existing uses or for agricultural purposes until additional residential lands are required. 7.0 ZONING BY-LAW CONFORMITY 7.1 The location of the existing church is zoned Agricultural Exception (A-73) which permits a place of worship and ancillary uses. Lands necessary to accommodate the church expansion are zoned Agricultural (A). .Only places of worship which existed prior to the date of passing of the by-law (September 10, 1984) are permitted, hence the necessity for the rezoning application. 8.0 AGENCY COMMENTS 8.1 The application was circulated to a limited number of agencies. 8.2 None of the circulated agencies had any objection to the proposed rezoning application. The Clarington Engineering Services Department, Clarington Building Division, Regional Works Department, Regional Health Department and CLOCA all provided comments through the circulation that will be considered during the site plan approval process. 625 REPORT NO.: PSD-019-07 PAGE 5 This will include providing a road widening, addressing all stormwater management issues and further evaluation of the existing septic tile bed. 9.0 STAFF COMMENTS 9.1 Hope Fellowship is proposing to triple the size of the existing 693 m2 building to 2,301.9 m2. Included in the proposal will be enhanced parking, landscaping and on-s.ite stormwater management. A future reserve septic bed is located south of the parking lot. 9.2 Designated "Light Industrial" in the Clarington Official Plan, the existing place of worship does not conform to the intended uses for the area. However the church enjoys a legal non-conforming status and Council may zone the lands to permit the extension or enlargement of a legal non-conforming use. The expansion of the place of worship would provide a service to the community of Courtice and make use of existing infrastructure. The subject site is close to transportation links and more important, in close proximity to future residential neighbourhoods located immediately on the north side of Bloor Street. 9.3 The consultant and solicitor for the abutting land owner to the west have raised the issue of land use compatibility of a place of worship in an industrial area. Ministry of Environment Guideline 0-6 was identified as providing specific criteria that should this zoning be approved it would impact the future use of surrounding industrially designated lands. 9.4 The Ministry of Environment Guidelines deal with incompatible land uses. It recognizes that impacts from industrial sources relate to operating and maintenance procedures of an industrial facility rather than general land use designation. The actual area of adverse influence from an industrial operation is site specific. The Ministry Guidelines identify what is considered a sensitive use, as well as three (3) levels of industrial uses. In the absence of site-specific information the guidelines recommend separation distances ranging from 20 to 300 metres between incompatible uses. 9.5 The subject lands were historically used as a public elementary school, which the guideline identifies as a sensitive land use. The rezoning three (3) years ago to allow a place of worship on the lands legalized another use, considered a sensitive land use. Attachment Number 3 depicts the impact of the 70 and 300 metre buffers, Class II and Class III category of uses respectively, from the current zone limits of the subject property as well as from the limits of the designated 'Future Urban Residential' lands to the north. Existing residences, regardless of land use designation would have a similar impact on future industrial land uses. 626 REPORT NO.: PSD-019-07 PAGE 6 9.6 Class I category of uses (20 metre buffer) include small scale industrial facilities with a self contained plant or building producing or storing a packaged product. This includes uses similar to electronic manufacturing and repair; furniture repair; auto parts supply; and a laundry and li'len supply. A number of uses permitted in the "Light Industrial (M1) Zone" would fit into this category. Class II category of uses (70 metre buffer) includes some outside storage, an open process and frequent movement of products and/or heavy trucks. Uses may include magazine printing, paint spray booths, manufacturing of dairy products and dry cleaning services. . 9.7 The policies allow the required separation between incompatible uses to be measured from the zone setback as opposed to the property line. Ancillary land uses such as parking areas may also be used in calculating the required setback between incompatible land uses. In drafting a zoning by-law amendment for the place of worship, a rear yard setback for the church building has been established to allow a possible building envelope that roughly coincides with the existing zone boundary of the original school site (currently zoned A-73). This would allow land south of this point to be used for parking or other ancillary uses that are not considered sensitive. This approach does not increase the area of impact on adjacent industrially designated properties while at the same time allowing for the proposed expansion to the existing building. 9.8 While potentially limiting future expansions for the place of worship, this approach provides sufficient land with the setback to accommodate future growth needs once full municipal services are available to the lands. This proposal has been reviewed with representatives of Hope Fellowship Christian Reformed Church. No objections to this proposed amendment were raised 9.9 The Clarington Official Plan provides for a future collector road to extend east- west in an area near the south end of the site. The woodlot on the adjoining property would lead to an alignment that would require the road to be located on the subject property. This will allow for the future development of the other lands owned by the church to the east. It is recommended that the southerly 45 metres of the subject property remain in the 'A' zone, with the precise collector road alignment to be determined by future studies. A servicing agreement would provide for transfers to dedicate the land to the Municipality at a nominal cost and address the issue of road construction costs. This would be undertaken at the time of the site plan approval process and is a condition for lifting the holding symbol. 9.10 The expansion of the existing church with setback restrictions as described above should not unreasonably hinder future development of adjacent "Light Industrial" lands. There is no increase in the area where the "sensitive use" is currently permitted. 627 REPORT NO.: PSD-019-07 PAGE 7 9.11 It is staffs opinion that the enlargement of the non-conforming place of worship is desirable and consistent with the policies of the Official Plan provided that the future road alignment is secured. 10.0 RECOMMENDATIONS 10.1 Based on the comments in this report, it is respectfully recoJ11mended that the rezoning application submitted by Hope Fellowship Christian Reformed Church be APPROVED and that the attached Zoning By-law be forwarded for ADOPTION by Council. Attachments: Attachment 1 - Key Map Attachment 2 - Collector Road Context Map Attachment 3 - Separation Distances Attachment 4 - Zoning By-law List of interested parties to be advised of Council's decision: Hope Fellowship Christian Reformed Church Glenn Reinders Rob Freeman Frank Feldman 628 Attachment 1 To Report PSD-019-0i c I- ea - Z i .. 3:)lHlnO:) W 'i: ... :i .c 'E c 0 '" "Ot Z a..c 8 '0 N W .- U Q) .c ::I - c: 0 :i ;.c Q. ~ Cjl 0( .. 00 ::E CD ~ 0 ="0 c CD CD 0 Q) .l!l 0 II.. E ::= .c (j) N .. .s . CD ... ... '0 c( >- a.,e 0 ... III Q) a:l1lI o CD '0 :5' :J:D:: ~ c: Nt!) Cll :::J ~ -.: 8. -' CJ) CD e I~ z C lL 0 ~ OVOl:! Sllnl:!l N 0 ~ , i , , ; .' ~,~ . !-" _'/IOESIlIOo.... .'~~n \..~...~.~ . !f",-;::-..t'"""-.-...,~, .... '. "'~~ - ..~ 'n ,'r- ~~_.;:--,~~ I~ :- ":~:~~G~ iii - ~ =~ n 1;;; =1 i .. __~I ~-,i i :~~ ~ 1= --, -+rr :::1-.- . --i- , --+- =h.= ~ '" SE><R<D ~-- -j . . ,j I $ r--~ ~ q :j I ~ i ! 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E Ul 0 , Qi E CD .c Ul Iii 'i ::I .-' 0 ~ 1ij e ~ , ., ~ u l:: 2 ~ CD :;) '" "C . 'iij LL . " CD "C .. 0:: CD ~ - . C) 10 ~ 0 l:: l:: '" ., C) of Ul 'iij ~ 0>< CD i w 0 0 .~ ~ , " 0 0 J- u 631 To Report PSD-019-07 I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisabie to amend By-law 84-63, as amended. of the former Town of Newcastle in accordance with application ZBA 2006-0024 to permit the expansion of a place of worship; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4.73 "AGRICULTURAL EXCEPTION (A-73) ZONE" is hereby amended by deleting 6.4.73 in its entirety and replacing it as follows: "Notwithstanding Sections 6.1, 6.2 and 6.3 to this By-law, those iands zoned A- 73 on the Schedules to this By-law may only be used for a place of worship and ancillary uses subject to the following regulations: a) b) c) lot Area (minimum) lot Frontage (minimum) Yard Requirements (minimum) i) Front Yard ii) Interior Side Yard iii) Rear Yard lot Coverage (maximum) Building Height (maximum) landscaped Open Space (minimum) 1.5 ha 90 metres d) e) f) 10 metres 10 metres 150 metres 30 percent 12 metres 30 percent" 2. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricullural (A)". to "(Holding) Agricultural Exception ((H)A-73) Zone" as illustrated on the attached Schedule "N hereto. 3. Attachment "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the pass.ing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2007 BY -LAW read a second time this day of BY-LAW read a third time and finally passed this day of 2007 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 632 This is Schedule "A" to By-law 2007- , passed this day of , 2007 A.D" , " f ( (: I (' (~ ' :::t~~:~;;:~~:~.)':.;::l.1~<-~~;:: . . ,:" t :;.r.~.~. ~. ..I.O,..!.-,:r M. . "' ~ ~ ~~~~~~&.~%~~~:': . , - {~ -",f" T -. II/ Jim Abernethy, Mayor I ~ / ~ mI ~~',;:~";'1 --....-,.. I \ Courtice Zoning To Remain "A-73" Zoning Change From "A" To "(H)A-73" Zoning To Remain "A" ~ ~ , 8 Potti L.. Barrie, Municipal Clerk J 633 Cl~ilJgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 5, 2007 Report #: PSD-020-07 File #: ZBA2007 -0007 By-Iaw#: Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: THE KAITLlN GROUP RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-020-07 be received; 2. THAT the application submitted by The Kaitlin Group to remove the Holding (H) symbol be APPROVED; and that the attached By-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Da id . Crome, M.C.I.P., RP.P. Director of Planning Services Reviewed by: d~~ Franklin Wu Chief Administrative Officer SAlCP/DJC/jd/df January 30, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-0830 634 REPORT NO.: PSD-020-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: The Kaitlin Group 1.2 Location: Bottrell Street, Remmington Street, Bowmanville, Part Lot 16, Concession 1, Bowmanville (Attachment 1). 1.3 Rezoning: Removal of Holding (H) symbol from "Holding - Urban Residential Type One ((H)R1" and "Holding - Urban Residential Type Two ((H)R2)". 2.0 BACKGROUND 2.1 On January 18th, 2007, Staff received a request from The Kaitlin Group for the removal of the Holding (H) symbol from the subject lands. The owner has indicated they are ready to proceed with construction for the development of these lands, thus this application is being brought forward. 3.0 COMMENTS 3.1 The subject lands are remnant parcels located between two registered plans of subdivision, both developed by the Kaitlin Group. Development of these lands is by way of land division applications creating two semi-detached/link lots which will contain four dwellings and three single detached lots, for a total of seven dwellings. . 3.2 The applicant has completed the land division process, having met all the conditions of the land division approval. The Kaitlin Group has entered into a land division agreement with the Municipality which ensures the Municipality's financial interests have been met. 3.3 Policies within the Municipality of Clarington's Official Plan permit the use of holding symbols to ensure that prior to development the following matters are addressed and approved to the satisfaction of the Municipality: . Services and municipal works; . Submission of technical studies; . Measures to mitigate the impact of development; . Execution of appropriate agreements; and/or . Any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 3.4 . The approval of a zoning by-law amendment to remove the holding symbol from the lands subject to LD162-165/2005 is appropriate at this time, as the provisions within the Municipality's Official Plan have been satisfied. 3.5 The Finance Department has indicated that all taxes have been paid for the subject lands. 635 REPORT NO.: PSD-020-07 PAGE 3 4.0 RECOMMENDA liON 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding Interested parties to be notified of Council and Committee's decision: The Kaitlin Group 636 Attachment 1 To Report PSO-Q20-Q7 ~ ~ i - C "6 .. ,g i . E E Co ..... >. ::s I:) '0 e lD c fI) - I:) . lJl Cl c- I:) E c I .E .. ..... <( '6 :E I:) ;; c I:) ~ "6 ::! 0 N :E: :;:; .. < . '0 u >. i.: .3 III In ii . c ~ '~' N lJl ~ ~ c z u C 0 .. ~ ~ E c- I: e u 0 ~ & m lL - ""'" . ~ , , , \ \ \ LOT 2l \ L-"EelIlOltO _-), ) -------- I' r \.. -- . ; \~_.__:~":':=---~ ."1 \. ; :"'.::,:..,= ffJ'd,i ~ . :It ___ ~ i~i, : I ~31 ~ n . ~IE ;;J," III I I fn: I , il~!: : ~q ~lt; ::l~ 1 ;I;~ I .1""'1 .1 I ,I , ...., I:I~! "", I ", I ~Iil': I ,: Ii, ) MGIS~ I /1 ___~LL___L____~ I 133C11S C13.LXV8 ' " , , , \ , \ , , '.... <0,. , , w '& '(j) ~ A ~ -, z ~ Cl z :::iE :::iE w a:: ", \;,;, , I I ,-------------, ._ re, ~'__ , ,~ nil " lOT 3$ I .. LOTI l'al \. \' ., ~------------I ~ I ll! I ~ LOT 3' i---o--------,\'I I ~2240 I .. LOT.$ I t-----~;--;----: ~ 'I LOT M I- W W a:: l- (/) ..J ..J W a:: ~ o l:D .~----~-~---- -1:~- IL--------- -~ II 1 lill. I lOT 5 l....fS'I. I I ~------------..J I I I LOT Ii 1./ I v// ~--------------' I , I lOT 7 I r I to'" II __ ...",'" r-------- --..; , , I LOT' I 1_________ --~1--- I 2 I i!!~ ",I ", . z..1 3^I~a NClnt:lllV\1 I \ I r--------------. 1/ - I ... I .. I... V ... I .... I ... I l- t ~ r 3 I 3 ] 3 \ , , \ IItlllSTUl[{) Pl."'" ...,M-2185 637 Attachment 2 To Report PSD-020-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems ij advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to impiement ZBA 2007-0007; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63. as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type One ((H)R1) Zone" and "Holding - Urban Residential Type Two ((H)R2) Zone" TO: "Urban Residential Type One (R1) Zone" and "Urban Residential Type Two (R2) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By,law. 3. This By-law shall come into effect on the date of passing hereof. subject to the provisions of Sections 34 and 36 of the Planning Act. 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 Pattie L. Barrie, Municipal Clerk 638 This is Schedule "A" to By-law 2007- passed this day of .2007 A.D. , REMMINGTON .---....--:\, I LOr. I ~-~ --I"'T 1=I~~=~ -1 \ _.::;~- ~ l ~ \ I II I i \ ill( \ - ~ \ , , J , , , , '. ill' , ':l' I , , , , , , , J. _-r.J___...J_. , , , \ .,~ , . \ ,,/'" , , \ /' ./' . I C I Y.,./ ,1'1 I \./ I If l If \ / ~ lLOr:. \ . v..... ,,'" ---~--~_r---~----\---~ . : I I I \ I : l : I : : : I \51 : : : : \. : : l : \ : : 1 ~:_\ STREET , , -. , , , , , , , , : \i , ,. , , , , , , .1 I I \ I I I , , I ~--~ ---~~---L_~~-~-~...Jl. Wj ~ Zoning Change From "(H)R1" To "R1" Zoning Change From "(H)R2" To "R2" Jim Abernethy, Uoyor Pgtti L Borrie. Municipal Clerk J ~< ~a ~ ~ . imm ;~! l.lIUBURN DRM: ~ ! ~ ~ Bowmanville """"' '""" "'" 639 Clocmgron .REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 5, 2007 Report #: PSD-021-07 File #: ZBA 2006-0011 By-law #: Subject: APPLICATION FOR REMOVAL OF ENVIRONMENTAL HOLDING SYMBOL APPLICANT: BRADLEY, J. & M. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee. recommend to Council the following: 1. THAT Report PSD-021-07 be received; 2. THAT the application submitted by Jeff and Marg Bradley, to remove the Environmental Holding (H) symbol be APPROVED and that the attached By-law to remove the Environmental Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Davi . Crome, M.C.I.P., R.P.P. Director, Planning Services -.. Reviewed bY:cJ ~ ----- ~'k. Franklin Wu Chief Administrative Officer BR/CP/DJC/df/jd January 29, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 640 REPORT NO.: PSD-021-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Jeff and Marg Bradley 1.2 Rezoning: Removal of Environmental Holding symbol from the "(NL) Natural Linkage Zone". 1.3 Location: 1760 Concession Road 10, in Part Lot 28, Concession 10, former Township of Darlington. 2.0 BACKGROUND 2.1 On April 13, 2006, the Planning Services Department received a request from Jeff and Marg Bradley for the removal of the Environmental Holding symbol from all of 1760 Concession Road 10 upon approval of the required Natural Heritage Evaluation. The proposed building is within 120 metres of a hydrogeological feature, that is a permanent or intermittent stream and related significant valleyland. A site plan application was also received. These applications were in support of permission to build an accessory building, a detached garage. 2.2 The Provincial Oak Ridges Moraine Conservation Plan requires that proposed buildings and structures within 120 metres of a key natural heritage feature such as a permanent or intermittent stream, or a significant valleyland are subject to a Natural Heritage Evaluation. This is reflected in Zoning By-law 2005-109 through the use of an Environmental Holding Symbol on the underlying zone covering the property, the "Natural Linkage (NL) Zone". Removal of the Environmental Holding symbol necessitates a Natural Heritage Evaluation that indicates no or minimal disruption to the Oak Ridges Moraine environment prior to development occurring in conformity with the underlying zone. 3.0 COMMENTS 3.1 The Environmental Holding symbol affects all of 1760 Concession Road 10. The applicants submitted a Natural Heritage Evaluation prepared by Niblett Environmental Associates Inc. The Evaluation concluded the development could proceed as proposed. Staff is satisfied that the Natural Heritage Evaluation has been undertaken to the satisfaction of the Municipality and Central Lake Ontario Conservation Authority. 3.2 The proposed garage will be 75.73 m2 in size and comply with the required zone setbacks. No other issues with the proposal were identified. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the Removal of the Environmental Holding symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. 641 REPORT NO.: PSD-021.07 PAGE 3 Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Zoning By-law Amendment Interested parties to be notified of Council's decision: Jeff and Marg Bradley 642 ~ Ii. ~ c .s '" .5 ;: .. Q .. .. ~ ~ - Q. .. :Ii c o 'i u .0 oJ ~ !. l! lL OWH N3..L1CIM e ~ -\ I ("..""..,_~_~ . Auacnmem 1 To Report PSD-021-07 I- Z W >- :Ii Gl C ii .... z I!! .... w C) :Ii ID C) < >- . CD ~ i C) C) N , .., <( >- i.: allD Gl c NCl ~ z Z 0 N ~ . z w W90'L9 Cl Ww CI.le> WSL'S ~ii\: ~~ [L W~E'L :.: Il:!l z e> i5 I w I ~w (.) c.. W f-CI.l i= w CI.l;J c.. ~~ -0 w ~::c CI.l E ~ <0 '" .:; <0 W~Il'S~ 'I I' E ll'l ll'l .0 C\l A'v'M3M:IO 0 .... C E ~ <0 '" Z .:; 0 <0 in wilE II) w u z 0 u ~ W90'L9 ( 61': pUB B1': SIOl uaaMjas aouBMol1V pBO~ pauadoun ) 643 Attachment 2 To Report PSD-021-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to amend Zoning By-law 2005-109 of the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 2005-109, as amended, of the Corporation of the Municipality of Clarington for ZBA 2006-0011; NOW THEREFORE BE IT RESOLVED THAT. the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Map E1 to By-law 2005-109. as amended, is hereby further amended changing the zone designation from "Natural Linkage (NL) Zone" subject to "Environmental Holding Symbol" to "Natural Linkage (NL) Zone", as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. 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 L. Barrie, Municipal Clerk 644 This is Schedule "A" to By-law 2007- , passed this day of .2007 A.D. !ll ~ o m ill . ~ ~ I ~ ~ ~ ~ m '1 ~ ~ . o !l g ::> ~ ~ 6O.96m CONCESSION ROAD 10 v/~ Zoning Change From "NL (Natural Linkage) with Environmental Holding Symbol" to "NL (Natural Linkage)" Jim Abernethy, Moyor Patti L. Barrie. Municipal Clerk =-- FJ '0 <: CD CO N " o ..l <: Q) Q) ~ '" '0 ~ 0: Z UJ ~ Cl -0: o 0: ..l 8 :I: " (/) Z o Z :;) Cl ~ Cl ..l UJ u: ifi CONCES ION ROAD 9 Darlington J 645 CI~ilJgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 5, 2007 Resolution #: Report #: EGD-017-07 File#: By-law #: Subject: INTERSECTION OF TRULLS ROAD AND AVONDALE DRIVE YORKVILLE DRIVE, COURTICE, PROPOSED ALL-WAY STOP Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-017-07 be received; 2. THAT the intersection of Trulls Road and Avondale DrivelYorkville Drive become an all-way stop with implementation in the spring of 2007; and 3. THAT the proposed by-law attached to Report EGD-017-07 be approved by Council. Respectfully by, ~ Submitted by: A. S. Cannella, C.E.T. Director of Engineering Services ~ {/)~~ ~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/LJBfjo January 24, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 701 Report #EGD-017-07 Page 2 1.0 BACKGROUND 1.1 The Engineering Services Department has been monitoring the area since 2003 when staff received a number of calls from residents requesting an all"way stop due to increasing traffic volumes, pedestrian volumes and high operating speeds. Many of the calls have been from parents of children who must cross Trulls Road to attend either Good Shepherd Catholic Elementary School or Lydia Trull Elementary Public School. 2.0 COMMENT 2.1 Vehicle Speeds Operating speeds on Trulls Road near Avondale were checked by staff using a radar gun and showed an average 61.2 km/hr in the posted 50 km/hr zone while the adult crossing guard was not on duty. This higher than desired operating speed occurs in part due to the road side environment of straight and level alignment, 10m pavement width and some sections with rear yard fenced areas rather than open to residential frontages. 2.2 Consideration of an AII-wav Stop During 2005/2006 Engineering Services worked closely with the (CTMAC) Clarington Traffic Management Advisory Committee to modify the Provincial Warrant for all-way stops, creating an in-house warrant to make it more applicable to Clarington roadways. The in-house modified warrant structure makes it easier for arterial, collector and local roadways to meet warrants for an all-way stop by accepting lower traffic volumes and giving more recognition of unsupervised pedestrian crossings. These modified warrants are intended as a more relaxed guide for staff to evaluate intersections in an unbiased uniform manner to make recommendations to Council. It also gives Council the knowledge that the municipality is attempting to work with its residents in a consistent manner to balance efficient transportation with the needs of the local neighbourhood. 702 Report #EGD-017-07 Page 3 Trulls Road is classed as an Arterial B Roadway connecting Durham Hwy 2 to Durham Road 22 (Bloor Street). The arterial intersection volume warrant for an all-way stop is difficult to reach and although not fully warranted at the present time the numbers are close. The volumes required for arterial roadways are 500 vehicles per hour for the 8 study hours; however, under the more relaxed guidelines staff can consider the 8 hour average. The study recorded an average of 486 vehicles per hour over the 8 hours, and the volume split requirements are satisfied. There were over 300 pedestrians crossing Trulls Road during the 8 hour study with the majority of those being assisted by an adult crossing guard. The peak period was 8:00-9:00 a.m. with an intersection volume of 737 vehicles. Based on the existing average hourly volumes, pedestrian activity and probability of the warrants being met within a short period of time (1 year), staff would recommend that Council support the early introduction of an all-way stop. 2.3 Timinq of Installation Although the intersection volumes are rising surprisingly there has only been 1 collision (during 2005) over the past 3 years. The intersection is operating at an acceptable level of service with Trulls Road having the right-of-way and may continue to operate safely for a number of years. If Council does support the early introduction of an all-way stop, staff recommends that this change in right- of-way take place in the spring of 2007 when weather conditions have improved and pavement markings can be applied. 3.0 CONCLUSION 3.1 Engineering Services will support the residents' requests for the early introduction of an all-way stop at the intersection of Trulls Road and Avondale Drive based on existing and projected traffic volumes and have attached a proposed by-law for Council's consideration. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law 703 ~~~' : i ~--, , Hillhurst-Crescent ' J : '::f ~: ^:f~-----)% I IT JV- : c I ~i~ ~ rj~ ~// ----__L__________Y....I".D_-----~ ~---~--~ '--------------"",..--r~ I , I I I I _,_, ____Wilkins Crescent,---- - ,-,~-- --- -- - ,-- I I I I I I I , I , , Il~~/ '"~IJ~:' --I Eb~il1 ":'"m_.. ~~i. i..../~~~~7m1..~~,',~I.- 'I~O~~6. ::::;,~ ijli .p""" ~_ -.~~~'~g;Il!.. ~. =if!I''<<; . ~~. 0. '~1r. , ::i,E:!.....J ... , " fi1! ,. I.' -I;=; , = . m . ,ru. ; t,..,,' ..1" -' \1 r. I ~ \l c~~! I 813~ ,~ II \ K~ J:. . I "~'i i-i-r----:: ___,___ / I ._---_._---_.-._--~--- \ / . I I I I I I , I I , I I I I I / I , I I , . I I I I 1 I I I ----Wade-~quare__ , __k__________________ I , I I ---" , , -1 i COURTICE n I I , I I I I I ! I ! I !-,Hear1hstoneCres---, I I '. , ' I ! 1 ~ I ! , - I VI .... I ~ I .. i ~ t I \ / ,-------------~----------------_/" II , '" \ I / / / / / \/V' I . -------.---------------------------------- w4 ~S s DRAWN BY: E.L. DATE: January 29, 2007 REPORT EGD-017-07 ATTACHMENT NO.1 704 G:\A.ttachments\TrullsYorkvilleStop_mxd ATTACHMENT NO.: 2 REPORT NO.: EGD-017-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- XX Being a By-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipaiity of Clarington deems it desirable to amend By-law 91-58: NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1) Schedule XVI "STOP SIGNS. of By-law 91-58 is amended by: A) Adding the following reference: Coiumn 1 Intersections Column 2 Facino Traffic Avondole Drive and Trulls Road and Yorkville Drive (all-way stop) Westbound an Avondale Drive Northbound and southbound on Trulls Road Eastbound on Yor1<ville Drive 2) Schedule XV "THROUGH HIGHWAYS. OF BY-LAW 91-58 is amended by A) Deletin9 the following reference: Column 1 Hiahwav Column 2 From Column 3 To Trulls Road North limn of Durham Regional Road 22 South limn of Durham Highway 2 B) Adding the fallowing reference: Column 1 Hiahwav Column 2 From Column 3 To T rulls Road North limn of Durham Regional Road 22 South limn of Avondale Drive Trulls Road North limn of Avondale Drive South limn of Durham Highway 2 3) This By-law shall come into force and take effect on the date approved by Council and when signs to the effect are erected. BY-LAW read a first and second time this 12th day of February, 2007. BY-LAW read a third time and finally passed this 12th day of February, 2007. Jim Abernethy, Mayor Palli L. Barrie, Municipal Clerk 705 CI!J!ilJgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 5, 2007 Resolution #: Report #: EGD-018-07 File#: By-law #: Subject: INTERSECTION OF EDWARD STREET AND RUDELL ROAD, NEWCASTLE, REQUESTED ALL-WAY STOP Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-018-07 be received; 2. THAT the request for an all-way stop at the 'T' intersection of Edward Street and Rudell Road be denied; and 3. THAT staff monitor the intersection of Edward Street and Rudell Road after the first phase of the Newcastle Recreation Complex is completed and additional homes are constructed in the area, to determine if traffic controls or other safety measures are required. Respectfully by, ~~.~. ~ ~ . ,. --- Submitted by: A. S. Cannella, C.E.T. Director of Engineering Services Reviewed by: Franklin Wu Chief Administrative Officer ASC/LJB/jo January 23, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-9282 706 Report #EGD-018-07 Page 2 1.0 BACKGROUND 1.1 The Engineering Services Department was first contacted by a local area resident during August 2001 regarding a speed concern on Rudell Road, between Durham Hwy. 2 and Edward Street (see Attachment 1). The resident borrowed the municipal radar gun on August 21, 22 and 23, 2001 and recorded the license plate numbers of vehicles exceeding the posted speed limit. Durham Regional Police processed the recorded high end offenders through the Clarington Road Watch Program which sends warning letters out to the registered vehicle owners and provides direct police contact for repeat offenders. During late 2006, the same resident again expressed concerns about vehicle speeds and additional traffic volumes, which might be generated from the Newcastle Recreation Complex and pending residential development north of Durham Highway 2. The resident has since requested an all-way stop at the intersection of Rudell Road at Edward Street (T-intersection). This,is the only request that staff have received regarding speeds on Rudell Road. 2.0 COMMENT 2.1 Operatina Speeds On Sept. 7, 2006, staff used the municipal radar gun to accurately record and calculate average vehicle operating speeds of northbound and southbound through traffic on Rudell Road at Edward Street which is posted at 50 kmlhr. The following results were recorded: · 52.5 km/hr before and after school activity . 41.6 km/hr while school students were present on sidewalks Durham Regional Police would not consider this location a "hot spot" for regular enforcement but have performed periodic enforcement. The operating speed on Rudell Road is typical for most wide collector roadways and would not appear to 707 Report #EGO-018-07 Page 3 have an excessive speed problem. An all-way stop at Edward Street would have a minimal impact, if it has any impact at all, on operating speeds in front of the resident's property. This is because his property is located 184 m north of the requested intersection and most motorists accelerate and regain speeds within a short distance after a stop sign. On January 12, 2007, staff used the radar gun to accurately record vehicle operating speeds of northbound and southbound through traffic on Rudell Road at the adult school crossing location in front of St Francis of Assissi Separate Elementary School, (a 50 km/hr zone), with the following results: . 45.7 km/hr before and after school activity . 30.9 km/hr while school students were present on sidewalks Note that during such studies only the higher through traffic speed is recorded, while the slower vehicles which are turning, or through traffic which is impeded by turning traffic, are not included in the calculations. An all-way stop at Rudell and Edward would have a minimal impact if any on the already low speed of traffic in front of the school. 2.2 Motor Vehicle Collision Historv There have been no motor vehicle collisions at the intersection of Rudell Road at Edward Street over the past 5 years. There was one hit and run collision on Rudell Road between Edward Street and Durham Hwy. 2 on Sunday June 27, 2004 at 3:30 am when a northbound van struck a parked car and left the scene. There have been no collisions on Rudell Road south of Edward Street. 2.3 Intersection Review Based on AII-wav Stop Volume Warrants In the Official Plan, Edward Street and Rudell Road are both classified as Collector roadways which are intended to move moderate amounts of traffic between low volume local streets and higher volume arterial roadways. 708 Report #EGD-018-07 Page 4 During 2005 Engineering Services worked closely with the (CTMAC) Clarington Traffic Management Advisory Committee to modify the provincial warrant for all- way stops, creating an in-house warrant that is more applicable to Clarington roadways. The in-house modified warrant structure makes it less stringent/more permissive for collector and local roadways to meet warrants for an all-way stop by accepting lower traffic volumes, fewer peak hours and giving more recognition to unsupervised pedestrian crossings. These modified warrants are intended as a more relaxed guide for staff to evaluate intersections in an unbiased, uniform manner so that they can then make recommendations to Council. The warrants also provide Council with the assurance that the municipality is attempting to work with its residents in a consistent manner to balance efficient transportation with the needs of the local neighbourhood. Using the new modified warrants during early 2007 staff have recommend the implementation of all-way stops at intersections such as Sand ring ham Drive at Claret Road; Pebblestone Road at Trulls Road and Trulls Road at Avondale Drive where intersections with higher vehicle volumes, pedestrian activity or collisions would benefit from implementation ofa traffic control device. On a Clarington wide basis, staff have received requests for all-way stops at 165 different intersections through out Clarington. Staff cannot recommend the installation of an all-way stop at the intersection of Rudell Road and Edward Street because the average number of vehicles on this roadway is significantly less than the warranted number over the four peak hours monitored. In addition it should be noted that the existing pedestrian activity crossing Rudell Road is extremely light, as all of the school students cross under the supervision of an adult guard directly in front of the St. Francis of Assissi Separate Elementary School. 709 Report #EGD-018-07 Page 5 2.4 Comparisons and Other Options The Municipality of Clarington or Region of Durham has not placed all-way stops at other existing Courtice recreation complex facilities on Prestonvale Road or Courtice Road. Staff do not anticipate that the warrants at the Newcastle Recreation Complex will be met or close to being met for many years into the future. Staff do support monitoring activity at each of the facilities to ensure there are no safety concerns. The Clarington Traffic Watch Program which operates early summer to late fall, consists of a part time staff member operating the radar gun with a Radar Message Board attached. This program can be used on Rudell Road to monitor and report speeding drivers through the Road Watch Program. If a sufficient problem exists the unit will make more appearances and Police enforcement will be requested to supplement it. In addition to the Road Watch Program, Clarington residents may also borrow the municipal radar unit any time of the year to monitor vehicles and report them through the Road Watch Program. Residents also have the option of contacting Durham Regional Police directly to ask for periodic enforcement. If the police determine that a serious problem exists they will make return visits. However, as evidenced above, there does not appear to be a speeding issue on Rudell Road. Staff have agreed to install no parking signs near the intersection of Rudell and Edward after construction of the new recreation complex driveway has been built, to ensure that parked vehicles do not obstruct vision from the intersection. Staff, have also discussed with the resident the advantages and disadvantages of temporary or permanent parking prohibitions which could, if required for safety or requested by the residents, be implemented on one side of Rudell Road. 710 Report #EGD-018-07 Page 6 2.5 Traffic Impact StudY The consulting firm of TSH, involved with many municipal projects including the Newcastle Recreation Complex, conducted a traffic impact study and determined that the levels of service are acceptable with the existing stop controls for both the intersection of Rudell Road and Edward Street, and Rudell Road and Durham Highway 2. The conclusion from TSH, based on projected traffic volumes and trip generation, was that both intersections would continue to function at acceptable levels of service after phase 1 is completed in 2007 with the addition of a single stop sign exiting the Newcastle Recreation Complex across from Edward Street. The implementation of an all-way stop would, in their opinion, create queuing and give the effect of a busier intersection than if Rudell Road were left asa free flow condition. The peak times for the complex are typically later in the day and would not conflict with school peak or commuter peak periods. Traffic signals are proposed at Rudell Road and Durham Highway 2, when the Foster Creek Development to the north is constructed. 3.0 CONCLUSION 3.1 Staff, working with the CTMAC, developed a modified all-way stop warrant policy to be used during intersection reviews by staff. This policy lowered the average intersection volume requirements for an all-way stop on collector roadways from the Provincial figure of 500, to only 375. Staff cannot support this request with volumes of 211 as the already reduced warrants are not close to being satisfied. 711 Report #EGD"()18-07 Page 7 Staff concur with TSH that there will not be a significant increase in traffic on Rudell Road that would warrant an all-way stop in the near future but monitoring the area as development occurs is recommended. If the intersection level of service becomes unacceptable or if the all-way stop warrants do become close in the future, staff or Council will recommend that the municipality be proactive at that time. Attachments: Attachment 1 - Key Map Interested parties: Tom Herd 712 ....I" ~ /1/ _/ \\ ---- i r r ...... ! r / r , r r I , I I I ~ ~ ".-.-.-.-.-.-::::: = I .. .. , '1:l )i r ::I "C II: 0 I i "B ! r .g r i ~ I I '$ I r D1 I , , r ! ! r 1 r / 1 I ! Ii" ,! ! I r ! 1-----, ,-,--- ,--..:.- Edward-Street--.-,-,-------------- 1 r , '- 1/ : I 1 I I ~ \.,,-----,-,-,-Doncaster-Grescent--, /1 I / Highway No.2 '" ~ -,-------,-,---,-,--"< ~/ /----- , . , i-- - I 1 i-- r-- NEWCASTLE RECREA TION FACILITY \ ) ~ II ~~~~ll!l- ~ Highway~.r=. ~; ,1:rJlliLjtthh1rl ';!II , \ I ~ ~ EallillHiJillS j!1lHlbIQ~ ~ . \ ;m~mlillr~ ~~~~ . II (I~! J~,Lj~~'~iI!,d6~Ht; ,:~tImjjj~ ~I~ ~::t'!'c-I~sulnt2t! . D.c -. r " i l----~~"_' 1I,,,,,if,I.nlliUll~ L,j~mQj~Fl. \\ I' == lEIEJ3!:.:ErS/te H1EB.. jr:!i!=1s:lRI1~-YI' .. " '" - ~l"Jt1J6B II. \\ I 'g~IIIIIIIIIIY,q]]]j]J[]]'\" :'''''';4~SJ RE I I 1I:1ommTPSillIIIIIIItJ...idllllllilil 1i=::;jt:J LELd Highway 401 ~ ~~Eli~ r -............. I ! I KEY MAP NE,,!CAS,TLE II . " C~~" ~ r I I I I I 1 , I i l J\r W4 ~E 8 DRAWN BY: EL DATE: January 29, 2007 REPORT EGO-01S-07 ATTACHMENT NO.1. 713 G:\A.ttachments\RudeIIEdwardStop.mxd CI~mgron REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 5, 2007 Resolution #: Report#: EGD-019-07 File#: By-law #: Subject: PUBLIC INFORMATION CENTRE INTERSECTION IMPROVEMENTS, OLD SCUGOG ROAD AND BOUNDARY ROAD, BURKETON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-019-07 be received; 2. THAT the Register and Comment Sheets from the Public Information Centre of December 5, 2006 be received; 3. THAT staff implement the recommended intersection improvements at Old Scugog Road and Boundary Road; 4. THAT the intersection improvement project be included and considered in the 2007 Capital Budget and Forecast at an estimated cost of $42,000; and 5. THAT all those who attended the Public Information Centre and who have contacted the Municipality be informed of this report. R~ Submitted by: A.S. Cannella Director of Engineering Services ()r-Q~_ - ~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/LJB/jo January 29, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 714 Report #EGD-019-07 Page 2 1.0 BACKGROUND 1.1 In 2002, the Municipality of Clarington received a request from a resident to install all-way stop signs at the intersection of Old Scugog Road and Boundary Road to reduce vehicle speeds at the north end of Burketon (see Attachment 1). The intersection is on the boundary between the Municipality of Clarington and the Township of Scugog. In December, 2002, Clarington Council denied the request for all-way stops based on provincially accepted guidelines. Additional signage and some line painting were placed north of Boundary Road to alert drivers to the change in speed zones as vehicles enter the hamlet of Burketon from the north. The Durham Regional Police Services have said that they would not increase speed patrol in Burketon because it is not cost effective due to the low volume of cars on the road. In 2005, staff modified the provincial warrants to better reflect the Clarington road network. These guidelines, which are less stringent (more permissive), were presented to and adopted by the Clarington Traffic Management Advisory Committee (CTMAC). Even under this new warrant analysis, an all-way stop is far from warranted at this intersection. Another request for all-way stops was made to both Clarington Council and Township of Scugog Council. In March of 2005, Scugog Council denied the request for all-way stops. Although the CTMAC and Durham Region Police Service did not support the installation, in June of 2005, Clarington Council approved the request for all-way stops provided the Township of Scugog was in agreement. Scugog denied the request again in December of 2005. In May of 2006, Scugog Council requested that Township of Scugog staff meet with Clarington staff to review alternatives to deal with the speeding concerns in Burketon. Staff from Scugog and Clarington met to discuss possible options and a preferred alternative was established. The various design alternatives and the preferred alternative was presented at the Public Information Centre in December, 2006. 715 Report #EGO-019-07 Page 3 An all-way stop was not presented as an option, as the use of all-way stops in unwarranted locations presents a safety hazard and is ineffective at reducing mid-block speeds for the following reasons: . Where cross traffic volumes are low, drivers do not expect to meet another vehicle and non-compliance increases. . Pedestrians and other vehicles at the intersection have a false sense of security, believing that the approaching vehicle will stop. . Mid-block speeds are higher as drivers attempt to make up for lost time. 2.0 APPROACH 2.1 In order to obtain local resident input to the design process, a Public Information Centre was held on December 5th, 2006. The public was notified of the meeting by newspaper advertisement and notices were hand delivered to residents close to the intersection. A number of treatments were considered in developing the preferred alternative. Those treatments that required narrowing the road were dismissed due to conflicts with the agricultural traffic that uses Old Scugog Road. The treatments that were included in the preferred alternative become ineffective when used in isolation; however, when multiple treatments are used in combination, they create an effective transition from an open country road to a more confined residential road. 3.0 PUBLIC INFORMATION CENTRE 3.1 Public Information Centre - December 5. 2006 At the meeting the following documentation and plans were presented for discussion: . Display board of background information; . Two display boards with various design alternatives and brief descriptions; . Display board showing the preferred alternative with before and after visualizations; and 716 Report #EGD-019-07 Page 4 . Traffic survey information, site photographs and design guidelines were on hand for viewing. Members of Clarington staff, Township of Scugog staff, and representatives from Totten Sims Hubicki Associates were on hand to answer questions and present the displays. In all, 15 people signed the register, and another person received the display information via email. The majority of those in attendance were not in favour of the preferred alternative which was comprised of upgraded line painting (dragon's teeth), plantings, rumble strips as one approaches the intersection from the north and upgraded signage (see Attachment 2). The estimated cost of this alternative is $42,000. Five comment sheets were subsequently received. Three of the five wanted an all-way stop, one comment recommended increased police enforcement during peak hours as the best alternative to enforce the existing speed limit and the other comment was in favour of the preferred design. . There were concerns about the cost of implementing the preferred design and its effect on local property taxes. 4.0 RECOMMENDATIONS 4.1 Based on accepted engineering practice and Clarington's modified warrant analysis, it is recommended that all-way stops not be installed at this location. The use of unwarranted all-way stop signs presents a safety hazard and has proven to be ineffective at reducing vehicle speeds. 717 Report #EGD-019-07 Page 5 Staff recommend that the suggested alternative be implemented; specifically: · Increased line painting (dragon's teeth). · Three sets of rumble strips leading up to the intersection from the north. . Upgraded signage. . Plantings. Attachments: Attachment 1 - Key Map Attachment 2 - Recommended Alternative Interested Parties: Parties listed in the Public Information Centre Register 718 TWP. OF SCUGOG Boundary Road ----.-------------------------------------. I I I I REPORT EGD-019-07 i,1 ATTACHMENT NO.1 ~ 1 '" \ "IS a \ \ \ \ , \ \ \ 5\ree\-'-'-\ ,_,,-lIiO\\ \ \ \ \ \ \ \ \ , \ \ \ \ \ \ , \ \ 5\reet' \ Cllt\et- , _~o'j- \ \ \ \ --""-- DRAWN BY: E.L. KEY MAP \ i ]V W~E S DATE: January 29, 2007 719 G:\Altachmenls\OldScugogBndryStop.mxd ~ < ~." iii' ~ftJ 1l~~ C ...... NO.: 2 III gCll 019-07 .., .~:~ N' iil ;J~! 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CD rn <0 lllO :::l CIl Q) CIl "0 :5" <0 ~ -I>- J\.l o o o < iii' C III N' III ..... 0' ::l ClfJ!il1glOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 5, 2007 Resolution #: Report #: EGD-020-07 File#: By-law #: Subject: PUBLIC OPEN HOUSE PROPOSED SOPER CREEK RECREATIONAL TRAIL, MEARNS PARK TO SPRUCEWOOD CRESCENT, BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-020-07 be received; 2. THAT staff proceed with finalizing the design of the proposed recreational trail; and 3. THAT the project be forwarded for consideration in the 2007 Capital Budget. Respectfully by, ~u/ Submitted by: A.S. Cannella Director of Engineering Services ()~~ ~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/PW/jo January 29, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 721 Report #EGD-020-07 Page 2 1.0 BACKGROUND 1.1 The Municipality of Clarington has developed a plan to create a recreational trail in Bowmanville from Highway 401 along Soper Creek to approximately as far north as the CPR rail line north of Concession Street East. The first section of trail was constructed in 2005 from Soper Creek Park to King Street and has been extremely well used. The next section of trail, approximately 1,870 m in length, will extend from Mearns Park to Concession Street East and from Concession Street East to Sprucewood Crescent (Attachment 1). The design for this section of trail was approved in the 2006 Capital Budget. Recreational trails are extremely popular features in Clarington. They provide unscheduled recreation opportunities for users of varying ages and mobility levels. Our existing paved trails in the Bowmanville Creek Valley and Soper Creek Valley provide access to the natural areas of Bowmanville from the urban areas surrounding them. 2.0 PUBLIC OPEN HOUSE 2.1 To obtain local resident input to the design process, a Public Open House was held on November 22, 2006 from 6:30 p.m. to 8:00 p.m. in Council chambers. The public was notified of the meeting by newspaper advertisement and those houses that back onto the proposed trail alignment received a notice in the mail. At the meeting the following displays were presented for discussion: . Aerial photography of the section of trail from Simpson Avenue to Sprucewood Crescent with the existing and proposed trail locations and property fabric; · Aerial photography of the section of trail from King Street to Sprucewood Crescent with the proposed trail locations; · Display board with photographs of proposed trail location; · Display board with photographs of existing trails in Bowmanville; 722 Report #EGD-020-07 Page 3 · Before and after visualizations of proposed trail cross sections; · Handouts of aerial photography with the proposed trail alignment shown; and · Photographs of proposed tree species, benches and trash receptacles. In all, 28 people signed the register, with an additional 5-10 in attendance that did not sign in. Eleven comment sheets were submitted by residents. The main concern expressed by some residents was the proximity of the trail to their rear yards and fear that vandalism, litter and theft could result from increased use of the area. There were also concerns about the potential use of motorized vehicles on the trail. A number of people requested that trees or shrubs be planted between the trail and their property to maintain privacy. A couple of residents recommended that the trail be located on the east side of the creek on private property in order to increase the separation from existing houses. Overall, those who attended the open house were supportive of the proposed trail provided that there was ample separation from the houses and the trail was maintained sufficiently. 3.0 CONCLUSION 3.1 Most of the concerns raised at the Open House pertained to the section of trail between the soccer field in Mearns Park and Concession Street. It is in this area that the Municipality's property between the Soper Creek and residential is narrowest. It is currently a popular walking route for area residents. Constructing a paved trail through this area would increase the use of the aliea as a walking, jogging and cycling route. To address the residents concerns, the new section of the proposed trail would be located as far as possible from the rear yards without impacting the existing tree line at the top of bank. This would ensure that the new portions of trail would be setback at least 10m from the residential yards at its narrowest location. In addition, a row of trees would be planted between the trail and the rear yards. 723 Report #EGD-020-07 Page 4 Based on the input received, it is recommended that the Municipality proceed with finalizing the trail design with alterations to address the concerns about screening and setbacks. Attachments: Attachment 1 - Detailed Plan 724 '.'~-'" . ;-~~.;. .... . ,. ,~"':-'J ,~~ Soper Creek Recreation Trail Phase 2 - Mearns Park to Sprucewood Cr. Detailed Plan CJaL" .....,1!}gtOn ..< . ~ tIH --- =::. ....1..-.. ........--- _.!:.::.::.--=-- .- ATTACHMENT NO.: 1 REPORT NO.: EGD-020.o7 ."Ii 725 \....._---- Clggton REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 5, 2007 Report #: EGD-021-07 File #: C.BF.30.002 By-law #: Subject: MASTERPIECE ESTATES SUBDIVISION. PLAN 40M-2036, NEWCASTLE, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW', 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-021-07 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-2036; and 3. THAT Council approve the by-law attached to Report EGD-021-07, assuming certain streets within Plan 40M-2036 as public highways. Submitted by: A.S. Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ~) o d~~ ASC/NAC/jo January 25, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-9282 726 Report #EGD-021-07 Page 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered March 14,2001, with 1138337 Ontario Limited to develop lands by plan of subdivision, located in Newcastle and described as Plan 40M- 2036 (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 LiQhtinQ Svstem; d) Stormwater ManaQement System (Not Applicable); and e) Park Works (Not Applicable) 1.3 The Initial Works and Street LiQhtinQ 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 November 1, 2005. This initiated a one (1) year maintenance period, which expired on November 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. 727 Report #EGD-021-07 Page 3 1.5 It is now appropriate to issue a 'Certificate of Acceptance' forthe Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 1.6 Further to the issuance of a 'Certificate of Acceptance', a by-law is required to . permit the Municipality to assume certain streets within Plan 40M-2036 as public highways (Attachment 2). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law 728 I. I Plan 40M-2036 Masterpiece Estates Subdivision $tLqw. '"""Ce -" "HlJ~ 80"", ..,-q;lWqy ... .. l!! ... en ~ N w~~ 8 DRAWN BY: E.L. DATE: January 29, 2007 REPORT EGD-021-07 ATTACHMENT NO.1 7?9 G:\Attachmenls\40M-2036.mxa ATTACHMENT NO.: 2 REPORT NO.: EGO.(l21.(17 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 blocks shown on Plan 40M-2036, 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: Catherwood Lane Bock 20 Block 21 BY-LAW read a first and second time this 12" day of February, 2007. BY-LAW read a third time and finally passed this 12" day of February, 2007. Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk 730 ClJl!.mgton REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 5, 2007 Report #: EGD-022-07 File#: By-law #: Subject: ORONO SKATE PARK -COLLABORATIVE AGREEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-022-07 be received; 2. THAT Council authorize the Mayor and Clerk to execute the Collaborative Agreement; and 3. THAT all partners in the Collaborative Agreement be advised of Council's action. Respectfully by, J/ftLj~_ Submitted by: A.S. Cannella, C.E.T. Director of Engineering Services cJ~-L~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/PW/jo January 25, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 731 REPORT NO.: EGD-022-07 PAGE 2 1.0 BACKGROUND 1.1 On October 16, 2006 Paul Rousseau of Orono appeared at Council as a delegation and presented a petition with 382 signatures requesting that the Municipality provide a skate park in Orono. Council passed the following resolution: "That the delegation of Paul Rousseau and petition requesting construction of a skateboard park in Orono be referred to staff and that staff liaise with Paul Rosseau concerning the potential development of the park". Since that time staff has met with Paul and Marilyn Rousseau several times and have investigate potential sites and sources of funding. The most appropriate Municipal site for such a feature is Orono Park. The park has an existing asphalt pad in good condition that could be used as the surface for the installation of modular skate park equipment. It is estimated that modular skate park equipment for the area in question would cost approx. $65,000. Staff inquired with the Ontario Trillium Foundation about the eligibility of such a project and was informed that Trillium has provided grants for similar projects in other Municipalities. Municipalities are not eligible to apply for Trillium grants so it was recommended that an incorporated organization with a mandate to provide youth recreation be the lead applicant for the grant. The Orono Amateur Athletic Association (OAAA) currently runs ball and hockey programs for the youth of Orono. Paul Rosseau is a member of the OAAA and they have agreed to be the lead applicant. 2.0 ONTARIO TRILLIUM GRANT APPLICATION 2.1 The Ontario Trillium Foundation accepts applications for grants three times per year on March 1, July 1 and November 1. The OAAA hopes to submit an application for the March 1 deadline. As part of the Trillium grant application, the OAAA are forming a Collaborative Agreement with the Municipality and the Orono Skate Park Committee which is comprised of Orono residents who support the project. 732 REPORT NO.: EGD-022-07 PAGE 3 The grant application is focused on providing recreational opportunities for youth in Orono through the installation of modular skate park equipment on an existing asphalt pad at Orono Park. The equipment will be portable but can only be moved with heavy equipment. It could be configured to suit the needs of the users and community. 3.0 COLLABORATIVE AGREEMENT 3.1 The Trillium Foundation encourages groups with a mutual interest in a project to form a Collaborative Agreement. A collaborative is made up of two or more organizations that jointly support an application to achieve a common goal where there is mutual benefit, shared decision making and accountability to each other. The collaborative agreement outlines the roles and responsibilities of all of the interested parties. The Municipality would provide the existing paved surface on our property at Orono Park and provide assistance with the overall project direction, design, and ordering of materials. The collaborative agreement prepared by the OAAA is attachment NO.1 to this report. Attachments: Attachment 1 - Collaborative Agreement 733 ATTACHMENT NO.: 1 REPOR, NO.: EGD.(I22.(17 COLLABORATIVE AGREEMENT Between THE ORONO AMATEUR ATHLETIC ASSOCIATION -a nd- THE MUNICIPALITY OF CLARINGTON -and- . THE ORONO SKATE PARK COMMITTEE Background: Skateboarding is increasing in popularity every year. This increase has definitely been noticed in Orono and a need was identified within the community to provide our local riders with a safe location to enjoy the sport. During the summer of 2006, The Orono Skate Park Committee was formed and petitions were circulated throughout Orono and the surrounding areas to garner support for a skate park. Over 380 people signed a petition that was presented to Clarington Council by Paul Rosseau, Chair of the Orono Skate Park Committee, on October 16, 2006. Following his presentation Council passed the following resolution; "That the delegation of Paul Rosseau and petition requesting construction of a skateboard park in Orono be referred to staff and that staff liaise with Paul Rosseau concerning the potential development of the park". Name of Collaborative: Orono Skate Park Cotlaborative Names of Member Groups: The Orono Amateur Athletic Association . Represented by Neil Allin, President Address: 3541 Concession Road 4, Orono, ON, LOB 1MO Phone: (905) 983-5791 The Municipality of Clarington . Represented by Peter Windolf, Manager of Park Development Address: 40 Temperance Street, Bowmanville ON, L 1C 3A6 Phone: (905) 623-3379 ext. 201 734 The Orono Skate Park Committee · Represented by Paul Rosseau, Chair Address: 14 Church Street South, Orono, ON, LOB 1 MO Phone: (905)983-5808 Purpose: This collaborative was formed to assist with the development of a skate board park in Orono. Orono is a village within the Municipality of Clarington with a population of approximately 1700 people. Located in the north/east part of the municipality, Orono is quite remote from the main urban areas of Clarington. The Orono Amateur Athletic Association (OAAA) was formed in 1946 with a mandate to provide youth recreation services for Orono and surrounding areas. Currently the OAAA runs youth hockey and soccer programs with annual registrations of over 300 children. The Municipality of Clarington has one skate park located in Bowmanville which is 14 km from Orono and not accessible by public transit. Consequently skate boarders have been using the downtown core of Orono where there are steps, railings, walls and bench,es. This has lead to some property damage, vandalism and loitering in the downtown business area. Shopkeepers and residents agree that a designated skateboard site will reduce or eliminate the problems associated with skateboarding on Main Street. The proposed location for the skate park is 400 m from the downtown business area and less than a kilometer from most of the residential areas in Orono. Orono Park is already the hub of recreational activity in Orono with its lighted ball diamond, outdoor pool, water play ground and picnic areas. The skate park would not only provide increased recreational opportunities for the youth of Orono it would also attract more visitors to Orono from the outlying areas which would further benefit the businesses on Main Street. Time Frame: This collaborative has been formed to begin the application process with the Ontario Trillium Foundation. The Collaborative Agreement was formally executed in February 2007. The construction of the project could be completed in one season however the collaborative will continue as an advisory committee for the use, maintenance, and operation of the skate park. The collaborative may evolve over time to include other interested parties such as the Business Improvement Association and adjacent residents. 735 Decision Making Process: The goal of the collaborative is to make decisions related to this project by consensus. If a consensus cannot be reached a majority vote will rule the decision, with each member group having a single vote. These decisions would include; guiding the skate park design process, evaluating the skate park equipment proposals, and establishing the exact location for the equipment within Orono Park. Meeting minutes will record all decisions of the collaborative. Management of Grant Funds: The Orono Amateur Athletic Association is a not-for-profit incorporated organization. They will receive the grant funds and accept responsibility for fiscal accountability. They will order the equipment required to complete the project and pay all invoices using the grant funds. Roles and Responsibilities of Collaborative Members: Orono Amateur Athletic Association . Will be the lead applicant, taking responsibility for submitting the Trillium Foundation application and managing the project . Signs the Letter of Agreement . Accepts the funds and assumes responsibility for fiscal accountability and all other required reporting Municipality of C/arington . Will provide a paved surface located in Orono Park . Will provide assistance with overall project direction, design and ordering of materials . Will be responsible for ongoing maintenance of the site and equipment Orono Skate Board Park Committee . Will speak publicly on behalf of the collaborative . Will lead the preparation of the application to the Trillium Foundation . Will liaise with the public and other sports user groups of Orono . Establish a code of conduct for the use of the skate park 736 Signatures of Collaborative Group Members The Orono Amateur Athletic Association Neill Allin, President The Municipality of Clarington Jim Abernethy, Mayor Patti Barrie, Municipal Clerk The Orono Park Skate Park Committee Paul Rosseau, Chair 737 CllJ!iQglOn REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 5, 2007 Report #: EGD-023-07 File #: B.02.09.001 By-law #: Subject: BAYWOOD SUBDIVISION PHASE 2, PLAN 40M-2172, BOWMANVILLE, '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-023-07 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-2172; and 3. THAT Council approve the by-laws attached to Report EGD-023-07, assuming certain streets within Plans 40M-2172 and 40R-21120 as public highways. Submitted by: A.S. Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ~(J cJ~~~ ASC/NAC/jo January 29, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 738 Report #EGD-023-07 Page 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered October 27, 2003 with Vermont Village Homes Limited to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-2172 (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 LiQhtinQ Svstem; and d) Stormwater ManaQement Svstem (not applicable) 1.3 The Initial Works and Street LiQhtinQ Svstem 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. 739 Report #EGD-023-07 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-2172 and 40R-21120 as public highways (Attachments 2 and 3). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law 740 - r-- Q; - r--l!!- r--Cij- r-- :-.r- -,gr- - '"I-- - ~I-- -)0:1-- Longworth Avenue ~ .... ~~- .~ Hanna Drive'd I '{ 1---=\ I--en .c ~g. e (J ,. ,\\\\III~ L.JII I I~ I IJ,- Plan 40M-2172 I n Baywood Subdivision .l. Phase 2' - II I 011.=== .. = === ~ 1-'"1 . ~ ~ iJIII~ .. ~ ---- 1]nUr-- - --. ) u " - - r-- r-- - I-- - == I = Ij/ Eldad Drive V == I 1 - I--- 1,., r- - ~(~~ ~- V V e -r-- -< \\ ~r}:/ / '"" J ~~.... *..~ ~~...t. ~<;; ~ ~i:."'~~ e~~ ~ {) ii1I'i1. aD I i W \ I. ~ I' EEi EEl ffi I I I~;IL_~' UU!I"~ . )..~~..J] . _~ ~ftI _I. ~ " ~~~~. en1. .'Im. I~. -'j, ... ...... - \~ . ,~ ~~'@8~~~~ ... ,[/ \ !r'l:llilliJ!tltGH~J . . ' . "i-Subject \ @!!i'f "(!!i!:\1 ""'" _ I' ~,.'.;.' . ~Blr ,0,0/ .=t ' ll", _B1 1~~9~J-~ '~_O\iJ=;~'~ e~;~{L;S~III;"" ,~y~p rive III ~ ;:: '" lXl II Parts 1-4 & 6-9 on Plan 40R-21120 f-\ e'!t ~ % ~\ ..I. ~ I ~tll Sprucewood Crescent ~ "\ Il/n Y-::::: - - I I N --.:: w~~ 8 DRAWN BY: E.L. DATE: January 29, 2007 REPORT EGD-023-07 ATTACHMENT NO.1 741 G:'Attachments\40M-2172.mxd ATTACHMENT NO.: 2 REPORT NO.: EGD.(I23.(17 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 Claringlon hereby enacts as follows: 1. THAT the streets and block shown on Plan 40M-2172, 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: Eldad Drive Scottsdale Drive Annisson Court Brooking Street Stephens Gulch Drive Block 103 BY-LAW read a first and second time this 12" day of February 2007. BY-LAW read a third time and finally passed this 12'" day of February 2007. Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk 742 ATTACHMENT NO.: 3 REPORT NO.: EGD.(I23-07 , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- XX Being a By-law to establish certain lands as public highways, assume them for public use and name them. The Council of the Corporation of the Municipality of Clarington'hereby enacts as follows: 1. THAT the following lands are hereby established as public highways, assumed by the Corporation for public use and assigned the names set out below: Land Established as Public HiQhwav Name (a) Part Lot 9, Concession 2 Eldad Drive Designa1ed as Part 1 on Plan 40R-21120 (b) Part Lot 9, Concession 2 Eldad Drive Designa1ed as Part 2 on Plan 40R-21120 (c) Part Lot 9, Concession 2 Scottsdale Drive Designated as Part 3 on Plan 40R-21120 (d) Part Lot 9, Concession 2 Scottsdale Drive Designated as Part 4 on Plan 40R-21120 (e) Part Lot 9, Concession 2 Brooking Street Desi9nated as Part 6 on Plan 40R-21120 (f) Part Lot 9, Concession 2 Brooking Street Designated as Part 7 on Pian 40R-21120 (g) Part Lot 9, Concession 2 Brooking Street Designated as Part 8 on Pian 40R-21120 (h) Part Lot 9, Concession 2 Brooking Street Designated as Part 9 on Plan 40R-21120 BY-LAW read a first and second time this 12"' day of February 2007. BY-LAW read a third time and finally passed this 12"' day of February 2007. Jim Abemethy, Mayor Patti L Barrie, Municipal Clerk 743 C@;![Jgron REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 5, 2007 Report #: EGD-024-07 File#: By-law #: Subject: Mill Street Subway Reconstruction, Newcastle RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-024-07 be received; 2. THAT Council endorse the Hybrid alternative as the preferred alternative; 3. THAT budget allocations contained in the 2006 Capital Budget, project Mill Street Grade Separation, account #11032330832637401 be reduced from a total project cost of $6,500,000 to $2,250,000, funded through the DC reserve in the amount of $2,224,533 and from Developer Recovery in the amount of $25,467. Respectfully by: a Submitted by: Anthony Cannella, C.E.T. Reviewed by: Director of Engineering Services o~-~ Franklin Wu, Chief Administrative Officer ASCljo January 29, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-9282 744 REPORT NO.:EGD-024-07 PAGE 2 1.0 BACKGROUND 1.1 In May of 2006 the Engineering Services Department reported to Council through report EGD-32-06 on the 2nd public meeting held for the reconstruction of the Mill Street Subway south of Highway 401 in Newcastle. At that public meeting the preferred option for reconstruction of the subway was presented to the public and was generally well received. The preferred option called for the permanent realignment of the existing railway tracks approximately 10 metres to the south of their existing location to allow for the staged reconstruction of the new subway while maintaining high speed rail traffic through the construction zone. 1.2 The preferred alternative was primarily driven by input received from CNR who firmly indicated no acceptance of a construction approach that would involve track speed reduction or significant periods of railway closure (I.e. up to 48 hours), that all railway diversions must be designed for full design speed operation and only short term (12 to 18 hour) single track closures would be permitted during the reconstruction. These more stringent criteria had evolved since 1994 and their inclusion disqualified the option preferred by staff and project consultants TSH, which was to reconstruct the subway with the railway tracks temporarily supported in their current location. 1.3 CNR also indicated that because of the complexity of the project and potential impacts on its infrastructure that certain aspects of the detailed design and construction would have to be completed by CN forces or their designated consultants, UMA Group Ltd. In addition the work would be tendered as a CN contract with purchase orders issued by Clarington to cover the majority of design and construction costs. 1.4 On July 26, 2006 the Municipality received a letter addressed to Mayor Mutton with a petition signed by 50 local residents primarily living south of 745 REPORT NO.:EGD-024-07 PAGE 3 the railway, expressing concern over the project as proposed. Their primary issues of concern were the potential for increased noise and vibration resulting from relocation of the railway tracks closer to their homes and the environmental impacts resulting from having to widen the railway embankment to accommodate the new track alignment. Widening of the railway embankment would result in tree removal and the need to lengthen culverts at the railway crossing of both Foster and Graham Creeks. They also expressed concern over noise, dust and vibration impacts during construction, increased post construction vehicular speeds and decreased properly values and public safety resulting from the tracks moving closer to their homes. In essence they expressed support for the "Do Nothing" scenario. 1.5 During the fall of 2006 Municipal staff and consultants met with CNR staff to review project issues and confirm criteria for final design and project scheduling. Through these meetings CNR staff reinforced the requirement to maintain high speed train traffic through the construction zone and the need to relocate the railway southerly to facilitate subway reconstruction. They would not commit to a construction schedule because of a severe shortage of flagging personnel and indicated that even if a flag person was available for the project that person would only be able to work 8 hour days, including travel time to and from the work site. 2.0 PROJECT COSTS 2.1 The restricted work day imposed by limited flagging resources will have a significant impact on project costs. Contractors typically work 10 to 12 hour days during the peak summer construction season. Productivity will be severely reduced on this project resulting in a cost premium. 746 REPORT NO.:EGD-024-07 PAGE 4 2.2 As CNR forces will be administering the construction contract, the Municipality will have reduced control over the expenditure of funds and will be exposed to considerable financial risk. 2.3 The need to extend the stone culverts at the railway crossings at both Foster and Graham Creeks also adds financial liability to the project. Both extensions will require "in water works" resulting in the need to provide fisheries compensation as well as the use of design and construction methods sensitive to their historic nature. 2.4 Based on the above factors it is now estimated that the originally preferred alternative will cost approximately $11 million to construct. The allocation in the 2006 capital budget for this project was $6.5 million. 3.0 COST BENEFIT ANALYSIS 3.1 As a result of projected project cost increases noted above, the concerns raised by residents, and the lack of commitment to the project by CNR, the Director of Engineering Services requested that previous alternatives for improving traffic circulation to and from the growing residential community south of the CNR be re-evaluated. 3.2 Synectics, a subsidiary of TSH specializing in transportation safety, was retained to review previously evaluated alternatives from a traffic safety and cost benefit perspective. They submitted a 60 page report (excluding Appendices) entitled "Operations and Safety Assessment Transportation Network Improvement Alternatives, Mill Street South, Newcastle" on January 29, 2007. The report is available for review through the Engineering Services department. In the report Synectics concludes that when the costs associated with construction, maintenance, operational performance and safety are considered, individually, none of the alternatives considered in the EA process provide a cost effective solution 747 REPORT NO.:EGD-024-07 PAGE 5 to the problem. When, however, the beneficial components of each alternative were combined into a "Hybrid" alternative a cost effective solution was derived. Synectics noted in their report that "These economic benefits are exclusive of the expected, but unquantifiable, reduction in collision risk to vulnerable road users travelling along Mill Street South, in the vicinity of the CN rail underpass." 3.3 The Hybrid alternative recommended by Synectics is outlined as follows: · Retain Mill Street South/Port of Newcastle Drive as the primary access to development south of the CNR; · Make minor improvements to the Mill Street South/CN rail underpass, to improve sightlines and increase vertical clearance; · Upgrade the Mill Street South roadway cross-section to an urban, two- lane standard, north and south of the CN rail corridor underpass, to provide cycling lanes and sidewalks; · Construct a dedicated pedestrian/cyclist tunnel adjacent to the existing underpass; · Upgrade Toronto Street to a rural two-lane standard with improved horizontal and vertical geometry, while retaining the existing road/rail at-grade crossing of the CN rail corridor; and · As traffic volumes increase Install traffic control signals at the Mill Street South @ Toronto Street/Highway 401 South Ramp Terminal intersection 3.4 The estimated cost to implement the improvements is $2.25 million. While the solution does not address all project objectives completely it does address the majority of concerns raised by the resident petition while reducing overall project costs, collision risk, and limiting the involvement and cost unpredictability of CNR. Their approvals will still be required for construction of the pedestrian/cyclist underpass. 3.5 The pedestrian/cyclist tunnel should be designed and construction to complement the historic nature of the existing Mill Street subway. 748 REPORT NO.:EGD-024-07 PAGE 6 4.0 CONCLUSIONS 4.1 To properly conclude the public contact component of the project it is recommended that a final information centre be scheduled for late February to present the solution noted above. The Environmental Study Report (ESR) for the project will be completed and on display for public review. 4.2 The following schedule is proposed for the completion of the project: Final public contact and completion of the ESR Complete construction of Toronto Street improvements Tender improvements for Mill Street including sidewalk, pedestrian /cyclist underpass and minor grading improvements Complete construction of Mill Street improvements Signalization of Mill Street South @ Toronto StreeUHighway 401 South Ramp Terminal intersection February 28, 2007 September 2007 September 2007 June 2008 Future 4.3 Based on the cost estimate for the preferred alternative of $2.25 million and the 2006 Council approved budget allocation of $6.5 million the Director of Finance and the Director of Engineering Services should review expenditures to date and reallocate surplus funds as necessary to reserve accounts. 4.4 This report has been reviewed by the Finance Department and they concur with the recommendations contained herein. 749 CI!Jlil]gron REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 5, 2007 Report #: OPD-001-07 File #: By-Law #: Subject: COLLABORATIVE AGREEMENT BETWEEN THE KENDAL LIONS CLUB, THE KENDAL COMMUNITY CENTRE BOARD OF DIRECTORS AND THE MUNICIPALITY OF CLARINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-001-07 be received; 2. THAT Council authorize the Mayor and Clerk to execute the collaborative Agreement; and 3. THAT the Kendal Lions Club, Kendal Community Board and the Ontario Trillium Foundation be advised of Council's action. Submitted by: ath .M.R., R.R.F.A. of Operations Reviewed bY()~-~ Franklin Wu, Chief Administrative Officer FH/wc 801 REPORT NO. OPD-001-07 PAGE 2 1.0 BACKGROUND: The Kendal Lions Club intends to undertake the Kendal Community Centre kitchen project with the cooperation of the Kendal Community Centre Board and the Municipality of Clarington. The project involves the relocation and outfitting of a new kitchen facility in the Community Centre replacing an inadequate kitchen facility that is wheelchair inaccessible. The Kendal Lions Club will be submitting a grant application to the Trillium Foundation in the amount of $75,000.00. 2.0 ONTARIO TRILLIUM FOUNDATION The Ontario Trillium Foundation (OTF), one of Canada's leading grant making foundations, is an agency of the Ministry of Culture. OTF distributes $100 million of government funding each year. The Foundation will support the building of healthy and vibrant communities through community-based initiatives that strengthens the capacity of organizations in the arts, culture, environment, human and social services and sports and recreation sectors. In order to qualify for funding, a collaborative of two or more organizations that are working together to achieve a common goal must be created. The collaborative must include at least one eligible member. The eligible member normally acts as the lead applicant and accepts responsibility for any approved grant. Each member of the collaborative will represent their own area of responsibility and will be part of the decision making process as it affects the grant. The proposed collaborative agreement is attached for your information. (Attachment #1 ) I:\GPA REPORTS 2007\OPD.(I01.(17.doc: collaborative agreement Kendal Lions Kendal co ontario trillium 802 , REPORT NO. OPD-001-07 PAGE 3 The members of this collaborative are as follows: 1. Ray Christopher, Kendal Lions Club 2. Jim Souch, Kendal Community Centre Board 3. Fred Horvath, Municipality of Clarington The grant deadline for this cycle is March 1, 2007 with notification in early summer. It is the intention of the Kendal Lions Club to submit a completed application in this cycle. The Municipality has also agreed to provide financial reporting support through the Finance Department to assist the Kendal Lions Club. Attachments: Attachment #1 - Collaborative Agreement CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433 I:\GPA REPORTS 2007l0PO-O01.(17.doc; coJlabora~ve agreement Kendal Uons Kendal cc ontario trillium.doc 803 ~ ATTACHMENT NO.: 1 REPORT NO.: OPD-001-07 COLLABORATIVE AGREEMENT Ii. This Agreement dated the )5!. day of January, 2007 Between The Kendal Lions Club and The Kendal Community Centre Board of Directors and The Municipality of Clarington WHEREAS... The Kendal Lions Club intends to undertake the Kendal Community Centre Kitchen Project, hereinafter called the Project, and has requested the cooperation of The Kendal Community Centre Board of Directors as property manager and The Municipality of Clarington as property owner in connection therewith; NOW TH EREFORE WITNESSETH that in consideration of the covenants contained herein, the parties mutually agree as follows: page 1 804 COLLABORATIVE AGREEMENT 1. Background The collaborative was formed in October 2006 at the suggestion of Ms, Richmond of the Trillium Foundation and will remain in existence until the Projectis complete. All the parties in the collaborative will be available at any time thereafter should questions or concerns arise. 2. Representatives Each member of the collaborative will represent their own area of responsibility in the decision making process. Ray Christopher will represent The Kendal Lions Club, Fred Horvath will represent The Municipality of Clarington and Jim Souch will represent The Kendal Community Centre Board of Directors. 3. Project Purpose and Results The results of the Projectwill be the relocation and outfitting of a new kitchen facility in the Community Centre, replacing an inadequate kitchen facility that is wheelchair inaccessible. The benefits of this project will be that the citizens of Kendal and the surrounding community of all ages will be able to participate in and enjoy: . a wide array of new community-based functions operated by The Kendal Lions Club; and . extended activities and services offered by The Kendal Community Centre Board all enabled by the new kitchen. 4. Communication Communication among the collaborative is facilitated by the fact that all are located within a 15km radius of each other, hold regular status meetings at the Community Centre, and are available to meet in person or converse by phone or email as needed. 5. Decision Making The decision making process will be an agreement by consensus of the collaborative members, namely Ray Christopher, Fred Horvath and Jim 50uch. page 2 805 6. Funds Management All funds received from the Trillium Foundation will be held in trust by The Municipality of Clarington. Funds will be dispersed by the Municipality after agreement by consensus of the collaborative, All transactions will be accounted for and approved invoices paid through the Municipality of Clarington. The Municipality will record all expenditures and any revenues and present a monthly report to the collaborative. Ray Christopher will, in turn, forward a final copy to the Trillium Foundation. Current Expenditures to date: . Blueprints and initial design $910.00 paid by The Kendal Community Centre Board 7. Caveats In the event that there are funds left over after the project has been completed and all invoices have been paid, the collaborative will refund said monies to the Trillium Foundation. , Ray Chri pher The Ken al Lions Oub Fred Horvarth The Municipality of Clarington h ndal Community Centre Soard of Directors page 3 806 ClfJ!igglOn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 5, 2007 Resolution #: Report #: CSD-002-07 File#: By-law #: Subject: COMMUNITY SERVICES DEPARTMENT JOB OPPORTUNITY FAIR Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-002-07 be received for information. Submitted by: J eph P. Caruana . ector of Community Services Reviewed by: 0 ~-'~ Franklin Wu Chief Administrative Officer JPC/SM/jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1001 REPORT NO.: CSD-002-07 PAGE 2 1.0 BACKGROUND 1.1 The Community Services Department is planning to host its first Job Opportunity Fair in Clarington at Rickaro Recreation Complex on Sunday, March 25, 2007. The objective is to help create a larger, better pool of qualified part time candidates. The Job Opportunity Fair will also provide us with the opportunity to promote the department and what it is that we do. 1.2 The Community Services Department is one of the larger part time employers within the community, employing approximately 250 part time personnel each year. We have a responsibility to help develop personal skills and educate our youth to the employment opportunities available to them. This day will provide us with the opportunity to gather applications, resumes, make initial impressions, and fast track the Criminal Reference Check (CPIC) and the first aid qualification process. 2.0 EVENT DETAILS 2.1 Doors will open at 9:00 a.m. for sign-in and to provide an opportunity for those in attendance to fill out job applications. Employment opportunity booklets detailing the positions available within our department will be available as well as interview and resume tip sheets. A PowerPoint presentation will be continuously playing providing information on the various job opportunities within the department. 2.2 Community Services senior staff will make a brief presentation at 10:00 a.m., followed with an opportunity for participants to visit a booth representing each portfolio within the department. There they will be able to interact directly with the Supervisors and Coordinators regarding the positions that are offered and submit copies of their resume. 2.3 The Durham Regional Police Department has been approached in hopes that they will be in attendance at this event to help fast track the Criminal Reference Check (CPIC) process. 2.4 The Job Opportunity Fair will be promoted through several media outlets including our website, local newspapers, marquees, flyers (see Attachment #1) and posters to schools, community centres, Clarington Youth Advisory Board, The Firehouse Youth Centre, John Howard Society, Durham College and UOIT. In addition, a banner will be on the front cover of the Spring 2007 Community -----..------~Guide_and-an naifllage-ad-will-be'on-page-2-of-the-guide. 1002 REPORT NO.: CSD-002-07 PAGE 3 3.0 COMMENTS 3.1 This is the first event of its kind to be offered by the Municipality. It is staff's intention to offer two job opportunity fairs each year to coincide with the Community Services Department's peak hiring seasons. Attachments: Attachment # 1 - Promotional Flyer , 1003 . C::'O-UU~-UI A TTACHMtNT #1 ~ o o ~ SUNDAY MARCH 25, 2007 REGISTRATION 9:00 AM Garnet B. Rickard Recreation Complex 2440 Highway 2, Bowmanville <~F1t?Q~TUn~ APPLICATioNS ARE AVAILABLE ONLINE @ VVWW.CLARINGTON.NET OR AT ANY MUNICIPAL FACILITY C[!J!inglOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 5th, 2007 Report #: COD-005-07 File#_ By-law # Subject: OshawalClarington Association for Community Living and John Howard Society Lease Agreements Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-005-07 be received; 2. THAT the Lease agreement (Attachment #1) with the OshawalClarington Association for Community Living in the amount of $12,382.59 per annum for one (1) year term be approved; and 3. THAT the Lease agreement (Attachment #2) with the John Howard Society in the amount of $12,382.59 per annum for one (1) year term be a.pproved; and 4. THAT the attached By-laws marked Attachment #3 and Attachment #4 be approved authorizing the Mayor and the Clerk to execute the necessslry agreements; s,,",""" by~ arie Marano, H.B.Sc., C.M.O. Director of Corporate Services RevieWedb\l:J~~~ Franklin Wu, Chief Administrative Officer MM\LABlkm H;~_R=PORTS\2007\COD-005--07 Osh Clar &.,John Howard Soc Lease Aoreements.c'oc " 1201 . REPORT NO.: COO-o05-07 PAGE 2 BACKGROUND AND COMMENT The Municipality has existing Lease agreements with the Oshawa Clarington Association for Community Living and the John Howard Society for the premises at 132 Church Street, Bowmanville since 1997. Administrative Services, Employment Resource Centre for Youth and the Firehouse Youth Activity Centre are the main activities in the former apparatus bay area and main floor of the building. The proposed lease is effective January 1, 2007, and will expire December 31, 2007. The amounts proposed for each of the tenants represents a three (3) percent increase in the monthly rent over the previous lease agreement, which is reflective of the increase in Consumer Price Index. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOW MANVillE, ONTARIO l 1C 3A6 T(905)623-3379 F (905)623-4169 1202 Attachment #1 THIS LEASE dated as of the _ day of in pursuance of the Short Forms of Leases Act. ,2007, BETWEEN: The Corporation of the Municipality of Clarington (hereinafter called the "Landlord") -and- Community lIvinQ Oshawa I ClarinQton a corporation incorporated under the laws of the Province of Ontario (hereinafter called the "Tenant") OF THE SECOND PART LEASE AGREEMENT 1203 Attachment #1 H:\LEASES - AGREEMENTS\COmrnullity UVing Oshawa Ciaringlon\Communily Living-LEASE-200? DOC BETWEEN: The Corporation of the Municipality of Clarington (hereinafter called the "Landlord") -and - Community Living Oshawa I Clarington (hereinafter called the "T enenl") WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to lease from the Landlord the assigned space at the Fire and Court Building, 132 Church Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the "Premises"). NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the Premises on the following tenns and condnions: 1. Tenn (a) The Tenant shall have and hold as tenant for a tenn of one (1) year commencing January 1, 2007 and ending December 31,2007 (hereinafter called the "Tenn"), 2. Use The Tenant shall continuously occupy the Premises throughout the Tenn, subject to and in accordance with the provisions of this Lease, solely for uses pennilled by law and for no other use or purpose. The Tenant shall not commn or suffer or pennn to be committed (i) any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fixtures and equipment thereon and (ii) any nuisance in, at or on the Premises. The Tenant shall not do or pennn anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. PAGE 2 1204 Attachment #1 H:\LEASES - AGREEMENTSICommllllity LiYing Oshawa Clarington\Communily Li\ling-LEASE-2007.DOC 3. Demised Premises The demised premises is comprised of the administration areas, the fonner apparatus bay, Courtroom #2, and adjacent office. 4. Licensed Areas The Licensed Areas includes the non-exclusive use of the Court Room One and entrances, extt and stairs of the aforesaid building, the exclusive use of the lower and main floors, and the use of the ea,st ten (10) parking spaces in a designated area, on the east side of the building. 5. Basic Rent During the Tenn, the Tenant shall pay to the Landlord annual minimum rent of $12,382.59 per year. 6. Tenant's Dutv to Maintain The Tenant at all times throughout the tenn shall maintain the premises in a satisfactory condttion as detennined by the Landlord. Acting reasonably, without limiting the foregoing, the Tenant shall keep the Premises in a clean .condITion, obtain at ITS expense, janITorial services, and daily operating expenses. 7. Net Lease The Tenantacknowledges, covenants and agrees that, except as herein expressly set out, tt is intended that this Lease and the rentals herein provided to be paid shall be completely net and carefree to the Landlord. . All amounts required to be paid by the Tenant hereunder (whether to the Landlord or third parties) shall be addttional rent and all addITional rent shall be payable and recoverable as Basic Rent, but in the manner herein provided, and the Landlord shall have all rights against the Tenant for defauR in any such payment as in the case of arrears of Basic Rent. 8. Reoairs and Maintenance The Tenant hereby accepts the Premises on an .as is. basis. The Tenant, at its own expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and promptly make all needed maintenance, repairs and replacements as would a prudent owner of similar, premises (reasonable wear and tear and damage by fire, lightning and tempest and structural defects only excepted). The Tenant shall keep the Premises clean and in such condttion as a prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Tenn, then the Landiord shall be obligated, at its expense, to effect such repairs or replacements. The Tenant covenants with the Landlord to ieave the Premises in as good repair as the Premises were at the commencement of the Tenn. PAGE 3 1205 Attachment #1 H:\LEASES ~ AGREEMENTS\CoITl'mmity Living OShawa CJarir,glonlCommunity I.iv'ng-\..EASE-Z007 .DOC g. Alterations (a) if the Tenant, during the Terms of this Lease or any renewal of ~, desires to make any alterations or additions to the Premises, including but not Iim~ed to: erecting partitions, attaching equipment, and installing necessary fumishings or additional equipment of the Tenanfs business, the Tenant may do so at his own expense, at any time and from time to time, if the foltowing conditions are met: (i) before undertaking any alteration or addition the Tenant shall submlt to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shalt not unreasonably or arbitrarily withhold its approval and items included in the plan which are regarded by the Tenant as "Trade Fixtures. shall be designated as sun on the plan; and . (Ii) any and alt alterations or add~ions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located. (b) The Tenant shall be responsible for and pay the cost of any alterations, additions. installations or improvements that any goveming authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (c) No sign, advertisement or notice shalt be inscribed, painted or affIXed by the Tenant, or any other person on the T enanfs behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord. (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant. (e) The Tenant agrees. at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. 10. Insurance and Indemnification (a) The Tenant shalt provide and maintain during the term of the lease Commercial I Comprehensive General Liabiiity insurance acceptable to the Municipality and subject to limits of not less than $3.000,000.00 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. (b) The Commercial I Comprehensive General Liability insurance policies shall be in the name of the Tenant and shall name the Landlord as an additional insured thereunder. (c) Such insurance policies shall contain an endorsement to provide the Municipality with thirty (30) days written notice of cancellation. PAGE 4 1206 Attachment #1 H:\lEASES - AGREEMENTS\COlTJn\unity Living Oshawa Claringlon\Community Living-LEASE.20Q7.00G (d) Evidence of insurance satisfactory to the Municipality's Insurance Administrator shall be provided prior to execution of the lease. If requested by the Landlord, Certified Copies of the above-referenced polity must be provided. The Tenant shall indemnify and save harmless the Landlord from any and all claims, demands, causes of action, loss, costs or damages that the Landlord may suffer, incur or be liable for, resulting from the performance of the Tenant of his obligations under the lease agreement, save and except damages, claims, demands, actions or cause of action arising out of or as a result of the actions of the Landlord, its agents or employees. And the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. 11. Damaae and Destruction If the Premises are destroyed or damaged by fire, lightning, tempest or other casualty, then and in every such event W, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or any substantial part of the said Building unfrt for occupancy or impossible or unsafe for use and occupancy or impossibie for the Tenant to continue to carry on its business, either the Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination, in which event, this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage; 12. Ouiet Eniovment The Landiord covenants with the Tenant for quiet enjoyment. 13. Govemment Reauirements The Tenant shall, at its sole cost and expense, during the Term: (a) observe and comply with all applicable govemmentallaws and regulations including, without limitation, federal and provincial legislative enactments, Building by-laws and other govemmental or municipal regulations which relate to the Premises or the partitioning, equipment, oparation and use thereof and to the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Premises. The Tenant shall comply with ail police, fire and sanitary regulations imposed by any federal, provincial or municipal authorities, or made by insurance underwriters and shall observe all govemmental and municipal regulations and other requirements goveming the conduct of any business conducted in the Premises; (b) obtain all necessary permits, licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein; and PAGE 5 1207 Attachment #1 H:\LEASES - AGREEMENTSICfJmmonlty living OshawCl Claringlon\Cornmunily Livil'lg-LEASE-2007 DOC (C) carry out all modifications, allerations or changes to the Premises and the Tenanfs conduct of business in or use of the Premises which are required by any such authorities. The Tenant shall indemnify and hold the landlord harmless against any penalty or fine imposed for any violation of any law, by~aw or regulation by the Tenant or those for whom the Tenant is in law responsible. 14. Defaull The following events ("Events of Default") shall be deemed a defaull (a "defaull") under this lease: (a) If the Tenant fails to pay any instalment of Basic Rent promptly when due or additional rent hereunder ("Addllional Rent") no later than fIVe (5) days following the respective due date; (b) If the Tenant fails to obselVe or perform any other term, covenant, condition or obligation under this lease that is capable of remedy other than a defaull in the payment of Basic Rent or Additional Rent, and such defaull remains unremedied after thirty (30) days following written notice from the landlord to the Tenant specifying such defaull and requiring the Tenant to remedy the default; (cl If the Tenant fails to obselVe and perform any other term, covenant, conditions or obligation under this lease that is not capable of remedy other than a default in the payment of Basic Rent or Additional Rent and the Tenant receives written notice from the landlord specifying such defaull; (d) If the Tenant makes an assignment for the benefrt of its creditors generally, or if the Tenant is declared bankrupt or insolvent, or if a petition in bankruptcy is filed against the Tenant, or if the Tenant files an assignment in bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors, or if a receiver or a receiver and manager is appointed for all or a portion of the Tenanfs property, or if any steps are taken or any action or proceedings are insmuted by the Tenant or by any other party including, without limitation, any court or govemmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets, unless such proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this Subsection, "Tenant" shall mean the Tenant and any person carrying on business in or occupying the whole or any part of the Premises; (e) If, the Tenant makes or attempts to make any bulk sale of any of lis assets slluated in the Premises in contravention of the provisions of this lease, or if any Tenant sells, disposes, removes or attempts to remove from the Premises a part of its trade fixtures, fumiture, improvements, chattels or goods other than in the normal course of business so that there would in the event of such sale, disposal or removal be sufficient trade fixtures, fumiture, improvements, chattels or goods of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least twelve (12) months; or (I) If the Premises becomes and remains vacant for a period of five (5) consecutive days. Upon an Event of Default, the full amount of Basic Rent and Additional Rent then owing and the current month's Basic Rent and Additional Rent together with the next ensuing three (3)months instalments of Basic Rent and Addllional Rent shall immediately become due and payable unless the landlord gives written notice to the Tenant to the contrary. PAGE 6 1208 Attachment #1 H:\lEASES - AGREEMENTS\Community Uviflg Oshawa ClaringlOn\Community liv;ng.LEASE.200700C 15. Riaht"of Re-Entrv Upon an Event of Default and at the opinion of the Landlord, the Landlord, in addition to any other remedy or right It may have, and without notice or any form of legal process, may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenanfs goods, chattels, equipment and trade fIXtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may seize and sell such goods, chattels, equipment and trade fIXtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual Item, or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the Tenant's property is disposed of as provided in this Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. 16. Riaht ofTermination In addition to all rights and remedies of the Landlord available to It by any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant. Upon such notice, this Lease shall terminate immediately without the necessity of any legal proceeding whatsoever. The Tenant shall thereupon within three (3) days quit and surrender the Premises to the Landlord, or if not yet in possession, the Tenant shall no longer have any right to possession of the Premises, and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 17. Rioht to Re-Iet etc. If the Landlord re-enters pursuant to the provisions ,of either this Lease or any applicable law, the Landlord, without limiting its right to recover damages, may either terminate this Lease under this section or It may from time to time without terminating the Tenanfs obligations under this Lease, make any alterations and repairs considered necessary by the Landlord to facilitate a reletting, and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each relelling, all rent and other moneys received by the Landlord from the relelling will be applied (i) to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting including brokerage fees, legal fees and costs of the alterations and repairs and (iii) to the payment of rent due and unpaid hereunder. The residue, if any, will be held by the Landlord and applied in payment of future rent as It becomes due and payable. If the rent received from the reletting during a month is less than the rent to be paid during that month by the Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease uniess a written notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. PAGE 7 1209 . Attachment #1 H:\LEASES - AGREEMENTS\Cornmunir;y living Oshawa Claringl0n\Communtty Living-LEASE-2007 _DOC 18. Damaaes If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the Landlord on demand, rent hereunder up to the time of re-entry or termination, whichever shall be the later. 19. SeDarate Remedies The Landlord may from time to time resort to any Dr all of the rights and remedies available to ~ upon an Event of Defaul~ either by any provision of this Lease Dr by statute or the general law, all of which rights and remedies are intended to be cumulative and not altemative and may be exercised generally or in combination. 20. Waiver (a) Notwithstanding anything contained in any staMe now or hereafter in force limiting or abrogating the right of distress, none of the goods, chattels or trade fixtures of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon 'any such goods as are so exempted, this Lease may be pleaded as an estoppel against the Tenant, the Tenant hereby waiving each and every benem that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any covenant or cond~ion of this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant, conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or cond~ion of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Landlord. 21. Covenants Every obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that It shall have no right to any benem of division or discussion. 22. Time of Essence Time shall be of the essence in all respects hereunder. 23. Enforceabilitv If any term, covenant or condition of this Lease or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, the remainder of this Lease or the application of such term, covenant or conditions to persons or circumstances other than those with respect to which It is held invalid, unenforceable or illegal is not affected thereby and continues to be applicable and enforceable to the fullest extent permitted by law. PAGE 8 1210 Attachment #1 H:'.LEASES - AGREEMENTSIColTIfTlul1itl' Uving Oshawa ClannglOn\Comnlunily Lilling-LEASE-2OC7 _DOC 24. Notices Any notice that one party hereto may desire or be required to give to the other party hereto shall for all purposes be deemed to have been sufficiently and properly given, if delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario L 1C 3A6 Attention: Lou Ann Birkett, Purchasing Manager and in the case of the Tenant to the Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or if forwarded by registered mail on the third business day following such mailing. Any notice shall be in writing, except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post interruption. The Landlord The Tenant: Community Living Oshawa f Clarington 132 Church Street, Bowmanville, Ontario 25. Rioht to Sublet The Tenant shal,l have the right to sublease any portion of their useable leased area, provided that the use and occupation of the Area of the Premises remains as permitted by this lease, and is complimentary to the operation of the Tenant. The Tenant must provide the Landlord with written notifICation of any sublease entered into by the Tenant. It is the Tenants responsibility to ensure that all terms and conditions of this lease are adhered to by tenants subleasing. At any time during the term of the lease, the Landlord reserves the right to revoke the right to sublease, should the Tenants who have subleased be in violation of the terms of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to insurance and Indemnification as identified in this lease. The existence of any subiease shall in no way reduce the responsibility of the Tenant. 26. Danoerous Use The Tenant shall not commtt or permtt anything which will increase the cost of the Landlord's insurance or render any insurance on or relating to the Premises subject to cancellation. 27. Rules Reoardino Ooeration of Demised Premises The MuniCipality's Property Manager from time to time may give the Tenant written notice of rules regarding the operation of the premises. Such rules shall be complied with by the Tenant's and Sub-Tenants during the Term of the Lease and any extensions or renewal thereof. 28. Smoke Free Buildino The Tenant shall not permtt or allow any person to smoke tobacco product anywhere in the building. PAGE 9 1211 Attachment #1 H.\lEASES . AGREEMENTS\Com:nunit).' Living Oshawa Clarington\Communily Livrng-LEASE-2007DOC 29. Enurement This Lease and everything herein contained shall enure to the benefit of and be binding upon the parties hereto their successors and pennitted assigns respectively. 30. Goveminc Law This Lease shall be interpreted, govemed and enforced in accordance with the law of the Province of Ontario, Canada. 31. Notice of Accident etc. The Tenant shall prompUy notify the Landlord of any accident, defect, damage or deficiency in or on any part of the Premises which comes to the attention of the Tenant, ij's employees or contractors, notwithstanding that the Landlord may have no obligation in respect thereof. IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Jim Abemethy, Mayor And: Patti L. Barrie, Clerk COMMUNITY LIVING OSHAWNCLARINGTON p1~ -=r~ And:(jJtV.- b 9dh) By: ~ PAGE 10 1212 Attachment #2 THIS LEASE dated as of the _ day of in pursuance of the Short Forms of Leases Act. ,2007, BETWEEN: The Corporation of the Municipality of Clarlngton (hereinafter called the 'Landlord') - and- The John Howard Socletv a corporation incorporated under the laws of the Province of Ontario (hereinafter called the 'Tenant') OF THE SECOND PART LEASE AGREEMENT 1213 Attachment #2 H\lEASES - AGREEMENTSIJohn Howard SocietyIJHS.LE.ASE-2007.DOC BETWEEN: The Corporation of the Municipality of Clarington (hereinafter called the 'Landlord') -and- The John Howard Society (hereinafter called the 'Tenant') WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to lease from the Landlord the assigned space at the Fire and Court Building, 132 Church Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the "Premises'). NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the Premises on the following terms and conditions: 1. Term (a) The Tenant shall have and hold as tenant for a term of one (1) year commencing January 1, 2007 and ending December 31,2007 (hereinafter called the 'Term.). 2. Use The Tenant shall continuously occupy the Premises throughout the Term, subject to and in accordance with the provisions of this Lease, solely for uses permitted by law and for no other use or purpose. The Tenant shall not commn or suffer or permn to be committed (Q any waste or damage, disfiguralion or injury to the Premises or the improvements, installations, fixtures and equipment thereon and (iQ any nuisance in, at or on the Premises. The Tenant shall not do or permit anything to be done that results, in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. ' PAGE 2 1214 Attachment #2 H:\lEASES - AGREEMENTS\John Howard Sociely\JHS-lEASE-2007.QOC 3. Demised Premises The demised premises is comprised of the administration areas, the former apparatus bay, Courtroom #2, and adjacent office. 4. Licensed Areas The Licensed Areas includes the non-exclusive use of the Court Room One and entrances, exn and stairs of the aforesaid building, the exclusive use of the lower and main floors, and the use of the east ten (10) parking spaces in a designated area, on the east side of the building. 5. Basic Rent During the Term, the Tenant shall pay to the Landlord annual minimum rent of $12,382.59 per year. 6. T enanfs DulY to Maintain The Tenant at all times throughout the term shall maintain the premises in a satisfactory condition as determined by the l.andlord. Acting reasonably, without limiting the foregoing, the Tenant shall keep the Premises In a clean condition, obtain at its expense, janitorial services, and daily operating expenses. 7. Net Lease The Tenant acknowledges, covenants and agrees that, except as herein expressly set out, n is intended that this Lease and the rentals herein provided to be paid shall be completely net and carefree to the l.andlord. All amounts required to be paid by the Tenant hereunder (whether to the Landlord or third parties) shall be addilional rent and all additional rent shall be payable and recoverable as Basic Rent, but in the manner herein provided, and the Landlord shall have all rights against the Tenant for default in any such payment as in the case of arrears of Basic Rent 8. Reoairs and Maintenance The Tenant hereby accepts the Premises on an 'as is' basis. The Tenant, at its own expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and promptly make all needed maintenance, repairs and replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by fire, lightning and tempest and structural defects only excepted). The Tenant shall keep the Premises clean and in such condition as a prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Term, then the Landlord shall be obligated, at its expense, to effect such repairs or replacements. The Tenant covenants with the l.andlord to leave the Premises in as good repair as the Premises were at the commencement of the Term. PAGE 3 1215 Attachment #2 9. Merations H:\LEASES. AGAEEMENTSlJohn Howard Society\JHS-lEASE-2007.DOC (a) If the Tenant, during the Terms of this Lease or any renewal of n, desires to make any alterations or additions to the Premises, including but not limned to: erecting partnions, attaching equipment, and installing necessary furnishings or additionel equipment of the Tenanfs business, the Tenant may do so at his own expense, at any time and from time to time, If the following conditions are met: (i) before undertaking any alteration or addition the Tenant shall submn to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any aRe ration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbnrarily withhold its approval and items included in the plan which are regarded by the Tenant as 'Trade F"lXtures. shall be designated as sun on the plan; and (iQ any and all aRe rations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located. (b) The Tenant shall be responsible for and pay the cost of any aRe rations, additions, installations or improvements that any goveming authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (c) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenanfs behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved In every respect by the Landlord. (d) All aRe rations and additions to the Premises made by or on behalf of the Tenant, other than the Tenanfs Trade FlXturas, shall immediately become the property of the Landlord w~hout compensation to the Tenant. (e) The Tenant agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. 10. Insurance and Indemnification (a) The Tenant shall provide and maintain during the term of the lease Commercial I Comprehensive General Liability insurance acceptable to the Municipality and subject to limits of not less than $3,000,000.00 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. (b) The Commercial I Comprehensive General Liability insurance policies shall be in the name of the Tenant and shall name the Landlord as an additional insured thereunder. (c) Such insurance policies shall contain an endorsement to provide the Municipality wnh thirty (30) days written notice of cancellation. PAGE 4 1216 Attachment #2 H:\LEASES. AGREEMENTS\John HOward Society\JHS-LEASE-2007.00G (d) Evidence of insurance satisfactory to the Municipality's Insurance Administrator shall be provided prior to execution of the lease. If requested by the Landlord, Certified Copies of the above-referenced polity must be provided. The Tenant shall indemnify and save harmless the Landlord from any and all claims, demands, causes of action, loss, costs or damages that the Landlord may suffer, incur or be liable for, iesulting from the performance of the Tenant of his obligations under the lease agreement, save and except damages, claims, demands, actions or cause of action arising out of or as a resull of the actions of the Landlord, its agents or employees. And the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. 11. Damaoe and Destruction If the Premises are destroyed or damaged by fire, lightning, tempest or other casualty, then and in every such event If, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or any substantial part of the said Building unfit for occupancy or impossible or unsafe for use and occupancy or impossible for the T enantto continue to carry on its business, either the Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination, in which event, this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage; 12. Quiet Eniovment The Landlord covenants with the Tenant for quiet enjoyment 13. Govemment Reouirements The Tenant shall, at its sole cost and expense, during the Term: (a) observe and comply with all applicable govemmentallaws and regulations including, without limitation, federal and provincial legislative enactments, Building by-laws and other govemmenlal or municipal regulations which relate to the Premises or the partitioning, equipment, operation and use thereof and to the making of any repairs, replacements,. allerations, additions, changes, substitutions or improvements of or to the Premises. The Tenant shall comply with all police, fire and sanitary regulations imposed by any federal, provincial or municipal authorities, or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements governing the conduct of any business conducted in the Premises; (b) obtein all necessary permits, licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein; and PAGE 5 1217 Attachment #2 H:\LEASES. AGREEMENTSlJohn Howard Sociely'..JHS-lEASE-ioo7.DOC (C) carry out all modifications, alterations or changes to the Premises and the Tenanfs conduct 01 business in or use 01 the Premises which are required by any such authorities. The Tenant shall indemnify and hold the Landlord harmless against any penalty or fine imposed lor any violation of any law, by-law or regulation by the Tenant or those for whom the Tenant is in law responsible. 14. Defautt The following events ('Events 01 Defautt') shall be deemed a defautt (a 'delault') under this Lease: (a) II the Tenant feils to pay any instalment of Basic Rent promptly when due or additional rent hereunder (. Additional Renr) no later than live (5) days follOWing the respective due date; (b) If the Tenant fails to observe or perform any other term, covenant, condition or obligation under this Lease that is capable of remedy other than a defautt in the payment of Basic Rent or Additional Rent, and such defautt remains unremedied after thirty (30) days following written notice from the Landlord to the Tenant specifying such default and requiring the Tenant to remedy the delault; (c) If the Tenant fails to observe and perform any other term, covenant, conditions or obligation under this Lease that is not capable of remedy other than a defautt in the payment of Basic Rent or Additional Rent and the Tenant receives written notice from the Landlord specifying such defautt; (d) If the Tenant makes an assignment for the beneftt of its creditors generally, or if the Tenant is declared bankrupt or insolvent, or if a petition in bankruptcy is filed against the Tenant, or if the Tenant files an assignment in bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors, or if a receiver or a receiver and manager is appointed lor all or a portion of the Tenanfs property, or if any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or govemmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets, unless such proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this Subsection, 'Tenant' shall mean the Tenant and any person carrying on business in or occupying the whole or any part of the Premises; (e) If, the Tenant makes or attempts to make any bulk sale of any of its assets situated in the Premises in contravention of the provisions of this Lease, or , if any Tenant sells, disposes, removes or attempts to remove from the Premises a pert 01 its trade fixtures, fumiture, improvements, chattels or goods other than in the normal course of business so that there would in the event of such sale, disposal or re'moval be suffICient trade fixtures, furniture, improvements, chattels or goods of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least twelve (12) months; or (I) If the Premises becomes and remains vacant for a period 01 live (5) consecutive days. Upon an Event of Defautt, the full amount of Basic Rent and Additional Rent then owing and the current month's Basic Rent and Additional Rent together with the next ensuing three (3)months 'nstalments 01 Basic Rent and Additional Rent shall immediately become due and payable unless the Landlord gives written notice to the Tenant to the contrary. PAGE 6 1218 Attachment #2 15. Richt of Re-Entrv Upon an Event of DefauR and at the opinion of the Landlord, the Landlord, in addition to any other remedy or right it may have, and without notice or any form of legal procass, may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the T enanfs goods, chattels, equipment and trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may seize and sell such goods, chattels, equipment and trade fixtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item, or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the T enanfs property is disposed of as provided in this Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. H:\l..EASES. AGREEMENTS\JoI1n Howard Sociely\.JHS-lEASE-2007.0QC 16. Richt ofT ermination In addition to all rights and remedies of the Landlord available to it by any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the T enanl Upon such notice, this Lease shall terminate immediately without the necessity of any legal procaeding whatsoever. The Tenant shall thereupon within three (3) days quit and surrender the Premises to the Landlord, or it not yet in possession, the Tenant shall no longer have any right to possession of the Premises, and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant and remoVe any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 17. Richt to Re-let ele. If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord, without limiting its right to recover damages, may either terminate this Lease under this section or it may from time to time without terminating the T enanfs obligations under this Lease, make any aRe rations and repairs considered necessary by the Landlord to facilitate a reletting, and relet the Premises or any parl"thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied (Q to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting including brokerage fees, legal fees and costs of the alterations and repairs and (iiQ to the payment of rent due and unpaid hereunder. The residue, it any, will be held by the Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the reJetting during a month is less than the rent to be paid during that month by the Tenant. the Tenant shall pay the deficiency to the Landlord. The defICiency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach, 1 2 1 9 PAGE 7 Attachment #2 H:\lEASES - AGREEMENTS\John Howa.d 5ociety\JHS-lEASE-2007 .DOC 18. Oamaoes If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the Landlord on demand, rent hereunder up to the time of re-entry or termination, whichever shall be the later. 19. Secarate Remedies The Landlord may from time to time resort to any or all of the rights and remedies available to tt upon an Event of Defaull, either by any provision of this Lease or by statute or the general law,all of which rights and remedies are intended to be cumulative and not altemative and may be exercised generally or in combination. 20. Waiver (a) Notwithstanding anything contained in any slaMe now or hereafter in force limiting or abrogating the right of distress, none of the goods, chattels or trade fixtures of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon any such gOOds as are so exempted, this Lease may be pleaded as an estoppel against the Tenant, the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any covenant or condition of this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant, conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Landlord. ' 21. Covenants Every obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that II shall have no right to any benefit of division or discussion. 22. Time of Essence Time shall be of the essence in all respects hereunder. 23. Enforceabili1v If any term, covenantor condition of this Lease or the application thereof to any person or circumstance is to any extent held or rendered Invalid, unenforceable or illegal, the remainder of this Lease or the application of such term, covenant or conditions to persons or circumstences other than those with respect to which tt is held invalid, unenforceable or illegal is not affected thereby and continues to be applicable and enforceable to the fullest extent permitted by law. PAGE 8 1220 Attachment #2 H:\lEASES. AGAEEMENTSlJohn Howard 5ocietyUHS.LEASE.2007.DOC 24. Notices Any notice that one party hereto may desire or be required to give to the other party hereto shall for all purposes be deemed to have been sufficiently and property given, if delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario L 1C 3A6 Attention: Lou Ann Birkett, Purchasing Manager and in the case of the T enent to the Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or if forwarded by registered mail on the third business day following such mailing. Any notice shall be in writing, except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post interruption. The Landlord The Tenant: The John Howard Society 132 Church Street, Bowmanville, Ontario 25. Rioht to Sublet The Tenant shall have the right to sublease any portion of their useable leased area, provided that the use and occupation of the Area of the Premises remains as permitted by this lease, and is compiimentary to the operation of the Tenant. The Tenant must provide the Landlord with written notification of any sublease entered into by the T enent. It is the Tenants responsibility to ensure that all terms and conditions of this lease are adhered to by tenants subleasing. At any time during the term of the lease, the l.andlord reserves the right to revoke the right to sublease, should the Tenants who have subleased be in violation of the terms of this lease, and or should the, intended use of the premises not be maintained. The Tenant will' assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall in no way reduce the responsibility of the T enent. 26. Danoerous Use The Tenant shall not commn or permn anything which will increase the cost of the Landlord's insurance or render any insurance on or relating to the Premises subject to cancellation. 27. Rules Reoardino Ooeration of Demised Premises The Municipality's Property Manager from time to time may give the Tenant written notice of rules regarding the operation of the premises. Such rules shall be complied with by the T enanfs and Sub-Tenants during the Term of the Lease and any extensions or renewal thereof. 28. Smoke Free Buildino The Tenant shall not permn or allow any person to smoke tobacco product anywhere in the building. PAGE 9 1221 Attachment #2 H:\LEASES - AGREEMENTS\John Howard Society\JHS-LEASE-2007.00C 29. Enurement This Lease and everything herein contained shall enure to the benefll of and be binding upon the parties hereto their successors and permitted assigns respectively. 30. Govemina Law This Lease shall be interpreted, govemed and enforced in accordance with the law of the Province of Ontario, Canada. 31. Notice of Accident etc. The Tenant shall promptly notify the Landlord of any acciden~ defect, damage or deficiency in or on any part of the Premises which comes to the attention of the Tenant, It's employees or contractors, notwithstanding that the Landlord may have no obligation in respect thereof. IN WITNESS WHEREOF the parties have duly executed and uncondllionaJly delivered this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON By: Jim Abernethy, Mayor And: Patti L. Barrie, Clerk THE JOHN HOWARD SOCIETY By: , And' PAGE 10 1222 Attachment #3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- Being 'a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Oshawa Clarington Association for Community Living, Oshawa, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Oshawa Clarington Association for Community Living, of Oshawa , Ontario, and said Corporation; and 2. THAT the contract attached hereto as Attachment #1 form part of this By-law. By-law read a first and second time this day of ,2007. By-law read a third time and finally passed this day of ,2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1223 Attachment #4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and John Howard Society, Bowmanville, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, John Howard Society, Bowmanville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Attachment #2 form part of this By-law. By-law read a first and second time this day of ,2007. By-law read a third time and finally passed this day of ,2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk H:\REPORTS\20G7\COD-OOS-07 Osh C!ar & John Howard Sac Lease Ameements.doc " 1224 '07FEB05 AM 9=l~:U-1 Paul & Kate Rowan February 2, 2007 Municipality of Clarington Dear Sir or Madam: Unfortunately neither my wife or I can attend the meeting on February 5 regarding the new subdivision that is planned to be built in Tyrone. We have lived at 2734 Cone. Rd. #7 since the fall of 2001. In that time, we have never had any issue/problem with our well. It is our major concern that this new development may somehow affect our water supply. Thank you for noting our concerns. , Sincerely, ~ '-,rz' " .,._-.-- . '..I' ,.,..'_- /" I"~ .,.,-."~ .,,~!, //' /-'/Y ,--" Paul Rowan Concemed Tyrone Resident[Cliek here and type job title]