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HomeMy WebLinkAbout02/19/2007 I Ener�ztng Ontario GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: FEBRUARY 19, 2007 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of February 5, 2007 301 (b) Minutes of a Special Meeting of February 12, 2007 315 4. (a) PRESENTATIONS (i) Certificate presentation congratulating John Schoonderbeek on earning an Ontario Medal for Good Citizenship (b) DELEGATIONS (i) Faseeh Malik— Ahmadiyya Muslim Youth Association (ii) Chigi Cauchon and Tom Cauchon — Report PSD-025-07 — Reasons for Decision of the Inquiry Officer Under the Expropriations Act Respecting the Proposed Expropriation of 50 East Beach Road (iii) Jason Gibson — Changes to Zoning in Aspen Springs, Bowmanville (iv) Gerry Johnson and Sheila Hall — Report ADM-001-07 — Physician Recruitment 5. PUBLIC MEETINGS (a) Application to Amend the Clarington Official Plan and Zoning By-law 84-63 501 Applicant: Martin Road Holdings Ltd. Report: PSD-022-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. & A. Ag enda - 2 _ F . ruary 19, 2007 6. PLANNING SERVICES DEPARTMENT (a) PSD-022-07 Proposed Official Plan and Zoning By-Law Amendment to 601 Permit a Restaurant with a Drive Through Facility and a Fuel Bar with a Convenience Store and a Car Wash Facility (b) PSD-023-07 Decision of the Ontario Municipal Board, Motion to Discuss 611 the Appal by Loblaws Properties Ltd. of Zoning By-Law 2006-047, Bowmanville West Town Centre (c) PSD-024-07 Annual Report on Site Plan Activity for 2006 619 (d) PSD-025-07 Reasons for Decision of the Inquiry Officer Under the Expropriations Act Respecting the Proposed Expropriation of 631 50 East Beach Road 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-025-07 Monthly Report on Building Permit Activity for January, 2007 701 (b) EGD-026-07 Robinson Ridge Subdivision Phase 1, Courtice, Plan 40M- 706 1931, 'Certificate of Acceptance' and 'Assumption By-laws', Final Works including Roads and Other Related Works (c) EGD-027-07 Newcastle Meadows Subdivision Phases 2, 3 and 4, Bowmanville, Plans 40M-1911, 40M-2022 and 40M-2152 712 Respectively, 'Certificate of Acceptance', Storm Sewer System Only (d) EGD-012-07 Proposal to Close and Convey a Portion of Oke Road Situated in Lot 32, Concession 2, Former Township of 716 Darlington 8. OPERATIONS DEPARTMENT No Reports 9• EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-002-07 Monthly Response Report—January, 2007 901 10. COMMUNITY SERVICES DEPARTMENT No Reports G P & A Agenda - 3 - February 19, 2007 11. CLERKS DEPARTMENT No Reports 12. CORPORATE SERVICES DEPARTMENT (a) COD-004-07 Public Sector Salary Disclosure Act 1201 (b) COD-007-07 Q2006-9, Construction of Drainage Improvements, 1203 Mitchell's Corners 13. FINANCE DEPARTMENT (a) FND-001-07 List of Applications for Cancellation, Reduction, 1301 Apportionments or Refund of Taxes (b) FND-002-07 Cash Activity Report 1306 14. CHIEF ADMINISTRATIVE OFFICE (a) ADM-001-07 Physician Recruitment 1401 (b) Strategic Planning Session — 12:00 noon at Courtice Community Complex 15. UNFINISHED BUSINESS No Reports 16. OTHER BUSINESS 17. ADJOURNMENT (I n General Purpose and Administration Committee Minutes February 5, 2007 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, February 5, 2007 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director, Engineering Services, T. Cannella Facilities Manager, Community Services, George Acorn Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Deputy Treasurer, Finance Department, Lori Gordon Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Clerk Il, 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-077-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on January 22, 2007, be approved. CARRIED Resolution #GPA-078-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the agenda be altered to include Ray Christopher to the list of delegations. CARRIED 301 General Purpose and Administration Committee Minutes February 5, 2007 PRESENTATION There were no presentations. DELEGATIONS Richard Ward appeared before the Committee with respect to the previous Council's position regarding Deer Creek and campaign contributions. Mr. Ward stated that he is concerned there is potential contravention to the Municipal Elections Act concerning Jerry Coughlin's shareholder interest in Coug's Developments. Mr. Wand urged the Committee to approach the C.F.O. of Mr. Coughlin's companies to determine shareholder interest. Tom Herd appeared before the Committee with respect to Report EGD-018-07 regarding future stop sign control at Rudell Road and Edward Street. Mr. Herd stated that since 1992 he has been a resident on Rudell Road. Mr. Herd is concerned with the increased speed and volume of resident and construction traffic on Rudell Road and borrowed a municipal radar gun to record vehicles exceeding the speed limit. Mr. Herd noted the highest volume of traffic is early in the morning and between 3:00 p.m. and 7:00 p.m. in the evening. Mr. Herd stated there is no drop-off area at the elementary school and not enough parking, resulting in substantial parking on Rudell Road. Mr. Herd stated he and other area residents are in support of the implementation of an all- way stop at the intersection of Edward Street and Rudell Drive and encouraged Council to approve an all-way stop. Ray Christopher appeared before the Committee with respect to Report OPD-001-07 regarding an application for Amendment to Draft Approved Plan of Subdivision. Mr. Christopher stated he is a resident of Kendal and a representative of the Kendal Lions Club. Mr. Christopher stated the Collaborative Agreement between the Kendal Lions Club, The Kendal Community Centre Board of Directors and the Municipality of Clarington is necessary to apply for a grant from the Ontario Trillium Foundation. The grant funds would be used to build a new kitchen at the Kendal Community Centre and to repair the roof. Mr. Christopher stated that building a new kitchen would enable The Kendal Lions Club and The Kendal Community Centre Board to expand the usage of the Kendal Community Centre. This would benefit the surrounding community as the new kitchen would be wheelchair accessible, accommodate much larger functions, assist community service fundraising initiatives with youth and seniors and result in an increase in Community Centre usage and revenues. If successful with their grant application, they will still need to raise additional funds. Therefore, improvements will be phased in as funds permit. .2 . 302 General Purpose and Administration Committee Minutes February 5, 2007 Councillor Novak chaired this portion of this meeting. PUBLIC MEETING (a) Subject: Application to Amend the Zoning By-law 84-63 Applicant: 1370304 Ontario Limited Report: PSD-016-07 Cindy Strike, Senior Planner, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-016-07. Paul Sommerville, resident on Mull Crescent, Courtice appeared before the Committee and stated his property abuts the subject lands and he objects to the amendment being proposed. Mr. Sommerville stated the development represents an unfair increase in building size to lots which he feels would encroach onto his property. Mr. Sommerville stated the proponent should be required to provide a compelling rationale to the amendments which, if implemented, would result in a negative effect on his property. Bob Annaert, D.G. Biddle and Associates, on behalf of the applicant, appeared before the Committee and stated he supports staffs recommendation to approve the application. Mr. Annaert stated the application is not seeking for relief of set back requirements and stressed the buildings would not be any closer to abutting properties. Mr. Annaert asked the Committee to move forward with the application. No one spoke in support of Report PSD-016-07. (b) Subject: Application for Amendment to Draft Approved Plan of Subdivision Applicant: 464367 Ontario Ltd. Report: PSD-017-07 Councillor Novak acknowledged receipt of two letters, from residents, concerning this application. Bob Russell, Planner, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-017-07. No one spoke in opposition or support of Report PSD-017-07. Bob Craig, 464367 Ontario Ltd. appeared before the Committee to answer any questions that may be raised. Mr. Craig stated he met with area residents in January to address their concerns and provide information on the drainage issue. From these meetings, Mr. Craig determined that area residents with small lots with dug wells are concerned that the drilled wells may affect their wells. Mr. Craig stated he has a concern with the proposed width of the walkway. Six metres is too wide and he would like to see it 3 metres wide with landscaping on either side. Mr. Craig confirmed he would be willing to meet with residents if necessary. - 3 . 303 General Purpose and Administration Committee Minutes February 5, 2007 (c) Subject: Application for Draft Plan of Condominium Approval Applicant: Aspen Heights Ltd. Report: PSD-018-07 Susan Ashton, Senior Planner, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-018-07. No one spoke in opposition or support of Report PSD-018-07. Marlin McClashan, a resident on Westside Drive, Bowmanville, appeared before the Committee to obtain clarification on whether the property units were being sold or rented. David Crome, Director of Planning Services advised the units were for sale and would be owned. Kelvin Whalen, Kaitlin Group Ltd., appeared before the Committee on behalf of the applicant to answer any questions raised. PLANNING SERVICES DEPARTMENT REZONING TO PERMIT INCREASED RESIDENTIAL LOT COVERAGE AND REAR DECK PROJECTIONS APPLICANT: 1370304 ONTARIO LTD. (HALMINEN HOMES) Resolution #GPA-079-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-016-07 be received; 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 to Report PSD-016-07 be forwarded to Council; and THAT all interested parties listed in Report PSD-016-07 and any delegations be advised of Council's decision. CARRIED -4 - 304 General Purpose and Administration Committee Minutes February 5, 2007 TYRONE SUBDIVISION — AMENDMENT TO DRAFT APPROVAL APPLICANT: 464367 ONTARIO LTD. (BOB CRAIG) Resolution #GPA-080-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-017-07 be received; 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 THAT all interested parties listed in Report PSD-017-07 and any delegations be advised of Council's decision. CARRIED APPLICATION FOR A 162 UNIT DRAFT PLAN OF CONDOMINIUM APPLICANT: ASPEN HEIGHTS LTD. Resolution #GPA-081-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Report PSD-018-07 be received; THAT the Draft Plan of Condominium application, submitted by Aspen Heights II Ltd. be approved and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2 to Report PSD-015-07; THAT a copy of Report PSD-018-07 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-018-07 and any delegation 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-082-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report PSD-019-07 be TABLED to the February 12, 2007 Council meeting. CARRIED - 5 - 305 General Purpose and Administration Committee Minutes February 5, 2007 APPLICATION FOR REMOVAL OF HOLDING APPLICANT: THE KAITLIN GROUP Resolution #GPA-083-07 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-020-07 be received; THAT the application submitted by The Kaitlin Group to remove the Holding (H) symbol be approved; and that the By-law attached to Report PSD-020-07 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-020-07, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED APPLICATION FOR REMOVAL OF ENVIRONMENTAL HOLDING SYMBOL APPLICANT: BRADLEY, J. & M. Resolution #GPA-084-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report PSD-021-07 be received; THAT the application submitted by Jeff and Marg Bradley, to remove the Environmental Holding (H) symbol be approved and that the By-law attached to Report PSD-021-07 to remove the Environmental Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-021-07 and any delegations be advised of Council's decision. CARRIED Resolution #GPA-085-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Committee recess for 5 minutes. CARRIED The meeting reconvened at 10:47 a.m. - 6 - 306 General Purpose and Administration Committee Minutes February 5, 2007 Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT INTERSECTION OF TRULLS ROAD AND AVONDALE DRIVE, YORKVILLE DRIVE, COURTICE, PROPOSED ALL-WAY STOP Resolution #GPA-086-07 Moved by Councillor Novak, seconded by Councillor Trim THAT Report EGD-017-07 be received; THAT the intersection of Trulls Road and Avondale DriveNorkville Drive become an all- way stop with implementation in the spring of 2007; and THAT the proposed by-law attached to Report EGD-017-07 be approved by Council. CARRIED INTERSECTION OF EDWARD STREET AND RUDELL ROAD, NEWCASTLE, REQUESTED ALL-WAY STOP Resolution #GPA-087-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the recommendations contained in Report EGD-018-07 be defeated. CARRIED Resolution #GPA-088-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT stop signs be placed on the north and south sides of the intersection at Rudell Road and Edward Street as well as at the construction entrance on Rudell Road. CARRIED - 7 _ 307 General Purpose and Administration istration Committee Minutes February 5, 2007 PUBLIC INFORMATION CENTRE, INTERSECTION IMPROVEMENTS, OLD SCUGOG ROAD AND BOUNDARY ROAD, BURKETON Resolution #GPA-089-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report EGD-019-07 be received; THAT the Register and Comment Sheets from the Public Information Centre of December 5, 2006 be received; THAT staff implement the recommended intersection improvements at Old Scugog Road and Boundary Road; THAT the intersection improvement project be included and considered in the 2007 Capital Budget and Forecast at an estimated cost of$42,000; and THAT all those who attended the Public Information Centre and who have contacted the Municipality be informed of Report EGD-019-07. MOTION LOST Resolution #GPA-090-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT all-way stop signs be placed at the intersection of Old Scugog Road and Boundary Road. CARRIED PUBLIC OPEN HOUSE, PROPOSED SOPER CREEK RECREATIONAL TRAIL, MEARNS PARK TO SPRUCEWOOD CRESCENT, BOWMANVILLE Resolution #GPA-091-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT Report EGD-020-07 be received; THAT staff proceed with finalizing the design of the proposed recreational trail; and THAT the project be forwarded for consideration in the 2007 Capital Budget. CARRIED _ g _ 308 General Purpose and Administration Committee Minutes February 5, 2007 MASTERPIECE ESTATES SUBDIVISION, PLAN 40M-2036, NEWCASTLE, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-092-07 Moved by Councillor Trim, seconded by Councillor Novak THAT Report EGD-021-07 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 Plan 40M-2036; and THAT Council approve the by-law attached to Report EGD-021-07, assuming certain streets within Plan 40M-2036 as public highways. CARRIED ORONO SKATE PARK— COLLABORATIVE AGREEMENT Resolution #GPA-093-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report EGD-022-07 be received; THAT Council authorize the Mayor and Clerk to execute the Collaborative Agreement between The Orono Amateur Athletic Association, The Municipality of Clarington, and the Orono Skate Park Committee for the purpose of development of an Orono Skate Park; and THAT all partners in the Collaborative Agreement be advised of Council's action. CARRIED -9 - 309 General Purpose and Administration Committee Minutes February 5, 2007 BAYWOOD SUBDIVISION PHASE 2, PLAN 40M-2172, BOWMANVILLE, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-094-07 Moved by Councillor Woo, seconded by Mayor Abernerthy THAT Report EGD-023-07 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 Plan 40M-2172; and 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. CARRIED MILL STREET SUBWAY RECONSTRUCTION, NEWCASTLE Resolution #GPA-095-07 Moved by Councillor Novak, seconded by Mayor Abernethy THAT Report EGD-024-07 be received; THAT Council endorse the Hybrid alternative as the preferred alternative; THAT budget allocations contained in the 2006 Capital Budget, project Mill Street Grade Separation, account #110 32 330 83263 7401 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. MOTION LOST Councillor Trim chaired this portion of the meeting. - 10 - 310 General Purpose and Administration Committee Minutes February 5, 2007 OPERATIONS DEPARTMENT COLLABORATIVE AGREEMENT BETWEEN THE KENDAL LIONS CLUB, THE KENDAL COMMUNITY CENTRE BOARD OF DIRECTORS AND THE MUNICIPALITY OF CLARINGTON Resolution #GPA-096-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report OPD-001-07 be received; THAT Council authorize the Mayor and Clerk to execute the collaborative Agreement between the Kendal Lions Club, the Kendal Community Centre Board of Directors and the Municipality of Clarington for the purpose of undertaking the Kendal Community Centre kitchen improvement project; and THAT the Kendal Lions Club, Kendal Community Board and the Ontario Trillium Foundation be advised of Council's action. CARRIED EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports considered under this section of the Agenda. Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT COMMUNITY SERVICES DEPARTMENT JOB OPPORTUNITY FAIR Resolution #GPA-097-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Report CSD-002-07 be received for information. CARRIED CLERK'S DEPARTMENT There were no reports considered under this section of the Agenda. Mayor Abernethy chaired this portion of the meeting. - 11 - 311 General Purpose and Administration Committee Minutes February 5, 2007 CORPORATE SERVICES DEPARTMENT OSHAWA/CLARINGTON ASSOCIATION FOR COMMUNITY LIVING AND JOHN HOWARD SOCIETY LEASE AGREEMENTS Resolution #GPA-098-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Report COD-005-07 be received; THAT the Lease agreement (Attachment #1 to Report COD-005-07) with the Oshawa/Clarington Association for Community Living in the amount of $12,382.59 per annum for one (1) year term be approved; THAT the Lease agreement (Attachment#2 to Report COD-005-07) with the John Howard Society in the amount of$12,382.59 per annum for one (1) year term be approved; and THAT the By-laws attached to Report COD-005-07 marked Attachment#3 and Attachment#4 be approved authorizing the Mayor and the Clerk to execute the necessary agreements. CARRIED FINANCE DEPARTMENT There were no reports considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICE CONFIDENTIAL VERBAL REPORT REGARDING A PERSONNEL MATTER Staff advised the Committee prior to the meeting that Confidential Verbal Report regarding a Personnel Matter was pulled from the Agenda and would not be presented to the Committee for consideration at this time. - 12 - 31 2 General Purpose and Administration Committee Minutes February 5, 2007 UNFINISHED BUSINESS Resolution #GPA-099-06 Moved by Councillor Foster, seconded by Councillor Novak THAT the delegation of Richard Ward be received for information. CARRIED OTHER BUSINESS Resolution #GPA-100-07 Moved by Councillor Foster, seconded by Councillor Novak THAT John Schoonderbeek be recognized for his volunteer contributions to the community and presented with a certificate of merit; and THAT John Schoonderbeek be nominated for the 2007 Environmental Achievement Award. CARRIED Resolution #GPA-101-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT staff investigate and report to Committee concerning the parking of recreational vehicles on residential properties. CARRIED Resolution #GPA-102-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the meeting be 'closed" to allow for consideration of a property matter. CARRIED The meeting reconvened in open session at 12:28 p.m. - 13 - 313 General Purpose and Administration Committee Minutes February 5, 2007 ADJOURNMENT Resolution #GPA-103-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT the meeting adjourn at 12:29 p.m. CARRIED MAYOR DEPUTY CLERK - 14 - 314 Special General Purpose and Administration Committee Minutes February 12, 2007 uadnd rAe Wp Minutes of a special meeting of the General Purpose and Administration Committee held on Monday, February 12, 2007 at 1:00 p.m., in Meeting Room 3C. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Director of Planning Services, D. Crome Manager of Community Planning and Design, C. Salazar Manager of Special Projects, F. Langmaid Manager of Development Review, C. Pellarin Manager of Subdivision Implementation, L. Taylor Administrative Assistant to the Director of Planning Services, S. Norris Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. Resolution #GPA-104-07 Moved by Councillor Foster, seconded by Councillor Robinson. THAT the meeting be closed for the purpose of providing an education session to the Members of Committee with respect to the Planning Act. CARRIED ADJOURNMENT Resolution #GPA-105-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 4:42 p.m. CARRIED MAYOR ADMINISTRATIVE ASSISTANT TO THE D RECTOR OF PLANNING SERVICES 315 CORPORATION THE PUBLIC MEETING MUNICIPALITY OF F CLARINGTON REPORT N PSD-022-07 Leading the way NOTICE OF PUBLIC MEETING. MARTIN ROAD HOLDINGS L'. KELVIN DEVELOPMENT APPLICATION BY: MARTIN ROAD HOLDINGS LTD. AN APPLICATION TO AMEND THE CLARINGTON OFFICAL PLAN AND ZONING BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment and Zoning By-law Amendment, under Sections 17 and 34 of the Planning Act, 1990,as amended. APPLICATION DETAILS The proposed Official Plan Amendment would amend the Urban Residential Area policies to permit, as a site specific exception, the development of a restaurant with drive-through facility (Tim Hortons). The proposed Zoning By-law Amendment is to permit a service station with a convenience store, a car wash facility, and the above-noted restaurant with a drive-through facility. The subject property is a 9899 m' parcel located on the north-west corner of Regional Road No. 57 and Aspen Springs Drive, Bowmanville, as shown on the reverse side. Planning File Nos.: COPA 2006-0004 and ZBA 2006-0023 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development The public meeting will be held on: DATE: Monday,February 19,2007 TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor, Municipal Administrative Centre, 40 Temperance St,Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, 26 February, 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,21 February, 2007 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan and approval of the Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Dean Jacobs at(905)623-3379 extension 211 or by e-mail at djacobs@clarington.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Official Plan and Zoning By-law Amendments to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Official Plan is adopted or the Zoning By-law Amendment is approved, the Ontario Mu ' oard may dismiss all or part of the appeal. Dated at a ipality of Clarington this 181° day of January 2007. D .P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 cni X67 ��•IIIlillll TIM HORTONS SITE` .- AREA= 0.202 ha. CAR WASH 25'. 56' sq.ft. SPRINGS DRIVE PSpEN 9 I LO LO M Z Q Property Location Map(Bowmanville) Q 0 0 J GAS BAR SITE PART 1 AREA-0.760 ha Z w O 3 5 8 R N82p0 3040•E m N7 3 OSSc•E ILI 0 �r.r. sq.ft. SPRINGS DRIVE PSpEN 9 I LO LO M Z Q Property Location Map(Bowmanville) Q 0 0 J Z w 3 I N82p0 3040•E m N7 3 OSSc•E V Z Z O E� r J COPA 2006-0004 J Q Clarington Official Plan Amendment Q °a ZBA 2006.0023 Zoning By-Law Amendment Owner: Martin Road Holdings Ltd. N 0 LO Clarington Leadiag the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 19, 2007 Report#: PSD-022-07 File #: ZBA 2006-023 and By-law#: COPA 2006-0004 Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT A RESTAURANT WITH A DRIVE THROUGH FACILITY AND A FUEL BAR WITH A CONVENIENCE STORE AND A CAR WASH FACILITY APPLICANT: MARTIN ROAD HOLDINGS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-022-07 be received; 2. THAT the application submitted by Martin Road Holdings Limited be referred back to staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3. THAT the interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by. D i . Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer DJ/DJC/df/sh 14 February 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 601 . REPORT NO.: PSD-022-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Martin Road Holdings Limited 1.2 Official Plan: from "Urban Residential' to an appropriate designation to permit, as a site speck exception, the development of a restaurant with a drive-through facility on the northern part of the site; 1.3 Rezoning: from "Holding - Urban Residential Type One ((H) R1) Zone" to an appropriate zone to permit the development of a restaurant with a drive through facility and a fuel bar with a convenience store and a car wash facility. 1.4 Location: 10 Aspen Springs Drive, located on the north-western corner of Aspen Springs Drive and Regional Road 57, Bowmanville. 1.5 Site Area: 0.99 Hectare (2.44 Acres) 2.0 BACKGROUND 2.1 On October 29, 2004, Martin Road Holdings Limited submitted a rezoning application for a parcel measuring 0.78 Hectare (1.9 Acres) on the comer of Aspen Springs Drive and Regional Road 57, to permit a convenience store, fuel bar and a car wash. At the Public Meeting on January 24, 2005 the report in respect of the application was received and referred back to staff to respond to the issues raised by the public and from outstanding agencies. One member of the public submitted a letter of objection prior to the Public Meeting while another spoke in opposition of the rezoning at the Public Meeting. A number of objections from residents and businesses were submitted to Planning staff afterwards, and the proponent subsequently requested a postponement of the decision in respect of the application. 2.2 In mid 2006 Martin Road Holdings decided to change the scope of the initial application by increasing the lot size for the intended development and adding a restaurant with a drive-through facility (Tim Hortons) to their development proposal, which necessitated the re-submission of the rezoning application. Attachment 1 shows the proposed development as applied for, which includes the location of the fuel bar, convenience store, car wash and restaurant with the drive-though facility, access points and associated parking provisions on site. 2.3 The submission of a new rezoning application on September 6, 2006 effectively substitutes the previous rezoning application. 2.4 Upon receipt of the latest rezoning application, staff confirmed that the gas bar and car wash use conforms to the Clarington Official Plan. Staff concluded that the proposed 602 REPORT NO.: PSD-022-07 PAGE 3 Tim Hortons restaurant is considered a free-standing use and not accessory to the fuel bar and car wash and does not meet the intent of the relevant Official Plan policy. 2.5 On December 5, 2006 Martin Road Holdings submitted the Official Plan Amendment application and a Planning Rationale Report, prepared by Sernas Associates. The final Traffic Impact Study, that was prepared by TSH Engineering under the auspices of the Engineering Services Department, was received on December 19, 2006. After receiving both reports staff was now in a position to proceed with the circulation of the application to outside agencies. 3.0 SITE CHARACTERISTICS AND NEIGHBOURHOOD CHARACTER 3.1 A temporary sales office compound, consisting of 3 showrooms and a gravel parking area, is currently located on the subject property. Access to the sales offices is currently off Aspen Springs Drive. 3.2 The site is bounded by two important routes: to the east by Regional Road 57, a Type A Arterial road that among other things, serves as a main linkage between the 401 Highway and West Bowmanville Town Centre, and to the south by Aspen Springs Drive, the main residential collector road serving Westvale neighbourhood. „ '� , •+ �}', 1011 r 1 Photo 1: Northward view of application site 603 REPORT NO.: PSD-022-07 PAGE 4 3.3 Neighbourhood character and surrounding land uses: North: Vacant lands for a future GO Station and the St. Lawrence and Hudson Railway line.. Further north, across the railway line lies land within an undeveloped part of the West Bowmanville Town Centre and intended for future office and high density residential development. East: Single detached dwellings on larger residential lots averaging 1520M2 in size. These dwellings are set back between 10 and 19m from the Regional Road 57 road allowance. South: Low density residential neighbourhood that consist of semi-detached 2 storey residential dwellings (link-homes). The backyards of these houses face Aspen Springs Drive and the residences have no direct access thereto. There is a 6 ft. privacy fence along the lot boundaries facing Aspen Springs Road. West: Vacant lands for the future GO Station and beyond it, vacant high density residential land; ,.y Photo 2: View of residential properties to the south, backing onto Aspen Springs Drive 604 REPORT NO.: PSD-022-07 PAGE 5 4.0 PUBLIC NOTICE AND SUBMISSION 4.1 Public notice was given by mail to each property owner within 120 metres of the subject property and two public meeting notices were installed on the property. 4.2 One inquiry has been received expressing general concerns about developments in the area. 5.0 PROVINCIAL POLICY 5.1 Provincial Policy Statement The PPS states that transportation and land use considerations shall be integrated at all stages of the planning process. The desirability of the land use at this location can thus not be separated from the traffic impact and functioning of the road network in the area. 5.2 The Growth Plan for the Greater Golden Horseshoe Transportation system planning, land use planning and transportation investment must be co-ordinated to implement the Growth Plan —the consideration of the traffic impact of the proposed land uses on the road network and the surrounding land uses is a key component of this particular planning proposal; and this methodology complies with the subject policy. 6.0 OFFICIAL PLANS 6.1 Durham Regional Official Plan 6.1.1 The Durham Regional Official Plan designates the lands "Living Area" which is intended predominantly for housing purposes, but permits other uses such as certain home occupations and convenience stores that are compatible with their surroundings, limited office development and limited retailing of goods and services, in appropriate locations, as components of mixed use developments. The Region promotes compact urban form, including intensive residential, office, retail and service and mixed uses along arterial roads and in conjunction with present and potential transit facilities. The application would appear to conform to this policy direction. 6.2 Clarington Official Plan 6.2.1 The subject lands are designated "Urban Residential" and falls within the Westvale Neighbourhood. The predominant use of lands within this designation shall be housing and other uses may be permitted which, by nature of their activity, scale and design are supportive of, compatible with and serve residential uses. 605 I REPORT NO.: PSD-022-07 PAGE 6 6.2.2 Fuel bars may generally be established in any urban land use designation, subject to certain conditions aimed at limiting the amount of fuel bars on street corners, promoting compatible land use patterns, ensuring safe pedestrian and traffic movement and minimizing the impact of fuel bars on residential uses. The Plan provides a number of design policies that are relevant to this development proposal. Most of these design policies pertain to technical aspects such as vehicular access points, parking, fencing, landscaping and architectural treatment and will be addressed through site plan approval. 6.2.3 The proposed Tim Hortons restaurant does not conform with the Official Plan — thus the need to amend the application. If approved the Official Plan furthermore has design guidelines to be considered with the location of a drive-through facility and the review of stacking lanes. There are some guidelines that are relevant at this stage of the planning process that will need further consideration, such as the minimum lot size for a drive- through facility, stacking lane length and provision of landscape buffers. 7.0 ZONING BY-LAW 7.1 The property is in the "Holding - Urban Residential Type One ((H) R1) Zone" which does not permit the fuel bar, car wash and restaurant with a drive-through facility. In order to permit the proposed development 'a rezoning application was submitted for consideration. 8.0 BACKGROUND STUDIES 8.1 The applicant submitted a Planning Rationale Report and Traffic Impact Study, to provide sufficient information and justification to enable Council to evaluate the requested Official Plan amendment. 8.2 The Planning Rationale report The Planning Rationale report sets out supporting arguments that can be summarized under the following points: The need 'is demonstrated by the existing waiting times and associated traffic congestion at the existing Tim Hortons facility at Regional Road 57 and Baseline Road, and that that the property: - is an ideal location to intercept many residents that start their commute further north; and, - would better distribute the activity between the two locations, relieve traffic congestion at the Baseline Road site and service commuters to the adjacent future GO Station site. The subject development can be viewed as a small highway commercial site serving the needs of residents driving on Regional Road 57 as it has convenient 606 REPORT NO.: PSD-022-07 PAGE 7 access to this major arterial without encouraging traffic infiltration into the residential neighbourhood. The applicant furthermore states that the site is isolated from the rest of the neighbourhood by the proposed GO Station site, that it fronts onto reverse frontage residential lots (fronting Glen Ray Court) across Aspen Springs Drive, and that Aspen Springs Drive has a significant width to accommodate dedicated turning lanes at the intersection. The proposed development is likely to have little impact on adjacent uses and that it will be compatible with the GO station (i.e. needs no buffering) and with the residential uses to the south and west that are naturally separated via substantial right-of way widths. The proponent referred to the submitted conceptual site plan, detailing how the proposed development would meet the relevant development and design criteria in the Official Plan and the Zoning By-law in order to minimize any adverse impact and to maximize the quality of urban design. 8.3 The Traffic Impact Study 8.3.1 The Traffic Impact Study consists of the following key components: An assessment of existing traffic conditions and operations in proximity to the site; and An assessment of future background traffic conditions with and without the proposed development to determine the net impact of the development. 8.3.2 The analysis was conducted on the basis of two scenarios for the Regional Road 57 access; one provides a right-in only access, the other would provide a right-in/right-out access. The Aspen Springs Drive access would allow all turns. 8.3.3 The conclusions from the Traffic Impact Study are as follows: • The critical eastbound left turn movement at the intersection of Regional Road 57 and Aspen Springs Drive operates currently at marginally acceptable levels of service during the weekday peak hour periods; • The proposed development will generate higher turning movements at the Regional Road and Aspen Springs Drive intersection, which will result in traffic signals being required to provide safer conditions and an acceptable level of service. With signalization, a northbound left turn lane also should be constructed on Regional Road 57 at Aspen Springs Drive; • Signalization of the Regional Road 57/Aspen Springs Drive intersection would be required whether the proposed Regional Road 57 access was limited to either a right-in only or a right-in/right-out operation; • Subject to further review by Durham Region, other road improvements that may be required along Regional Road 57 include a southbound right turn taper at the site access driveway and a southbound right turn lane at Aspen Springs Drive; and, 607 REPORT NO.: PSD-022-07 PAGE 8 The current site plan appears to be satisfactory with respect to drive-through and car wash queue storage, parking and traffic circulation, but should be subject to further review once more detail is provided with respect to access design and internal traffic control measures. 9.0 AGENCY COMMENTS 9.1 The Clarington Engineering Services Department have no objection, in principle, to the proposed Official Plan Amendment or zoning change provided that the recommendations of the Traffic Impact Study are implemented by the applicant. Additional comments will be provided at the site plan approval stage of the development process. 9.2 The Clarington Emergency Services Department has no fire safety concerns on the submitted proposal. 9.3 Central Lake Ontario Conservation Authority has no objections to the development proposal but will require certain technical information through the site plan process. 9.4 Bell Canada stated that it had no objection to the application, but in the event of any conflicts with existing Bell Canada facilities or easements, the owner shall be responsible for re-arrangements or relocations. 9.5 Comments are outstanding from a number of agencies circulated, including Regional Planning and Regional Works Department. 10.0 STAFF COMMENTS 10.1 With regards to the Planning Rationale report, although there is merit in the view that the application site is somewhat isolated from the Westvale neighbourhood, it is still located at the entrance to the residential neighbourhood, and across low density residential properties. In the event of the application being approved there may need to be certain mitigating measures such as noise attenuation, illumination standards, landscape screening and urban design techniques to soften the visual and functional impact of the intended activities on the residential neighbourhood. 10.2 Service stations/fuel bars are permitted in any land use designation subject to certain locational and site plan requirements. Small convenience stores are also permitted as an accessory use. It is noted that the proposed store is within close proximity to the commercial plaza on the comer of Hartwell Drive and Regional Road 57. Staff are reviewing the appropriate size for the convenience store component. 10.3 The Official Plan only provides for restaurants within an identified Town Centre or other type of commercial area. Consequently the applicant is proposing a site-speck exception to permit the Tim Hortons restaurant. The merit of this exception will be reviewed further by staff. 608 REPORT NO.: PSD-022-07 PAGE 9 10.4 The access condition on Regional Road 57 may be a right-in only or a right-in/right-out: The latter would be more beneficial for site circulation and for queuing at the Aspens Spring Drive intersection. This will be reviewed further at the site plan stage. However, regardless of which option is selected, the Traffic Study indicates that signalization is required at the Aspen Springs Drive intersection. Prior to making a recommendation on the applications for Official Plan amendment and rezoning, staff will require that the applicant and the Region agree to install traffic signals prior to or concurrent with the opening of the project. 10.5 There are a number of site design issues which the applicant will need to address. Staff want to ensure that there will be an upgraded fagade to the restaurant and that it will be located with ease of access by pedestrians. Therefore the building needs to be located so that there is no parking or drive aisles between the restaurant and the sidewalk on Regional Road 57. The applicant should provide more information on the proposed building design for the restaurant and the service station buildings and it should incorporate architectural themes from historic Bowmanville. 10.6 It is clear from the preceding paragraphs that there are a number of issues. Staff will formulate a response that will focus primarily on the following key aspects: The residential character of the area with specific emphasis on scale, density and the interface with proposed new uses ; The character, scale and impact of the intended uses by looking at traffic flow, lighting, noise and hours of operation; A commitment to signalize the Aspen Sprigs/Regional Road 57 intersection; The functionality of the development proposal, specifically the interrelation of uses on site and the scale of the activities in relation to lot size and surrounding land uses such as the future GO Station; The siting of the Tim Horton's restaurant and the convenience store; and Any concerns or objections raised by the public. 11.0 CONCLUSION 11.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act. After hearing the comments received, it is respectfully recommended that this report be referred back to staff for further procession and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: John Oates Y. Moola John Linney Donna Labanovich Sherry Carlton & Robert Whittall 609 Property Location Map(Bowmanville) COPA 2006-0004 Clarington Official Plan Amendment ZBA 2006-0023 Zoning By-Law Amendment Owner: Martin Road Holdings Ltd. --I O x W 0 ; y v fn d v0 a N N O v 1� IIIIIIIIIII > M HORTONS SITE TI ` `- PART 1 AREA-0.780 hm °� Q $ AREA • 0.202 ha O J� 117 o �S BaR o -E N82p0 304 c 0 N7 3 Ld 050•E V Z CONMENENC � • C�Y Z O Q J Qc CAR WASH G 0 25'x 56' o Property Location Map(Bowmanville) COPA 2006-0004 Clarington Official Plan Amendment ZBA 2006-0023 Zoning By-Law Amendment Owner: Martin Road Holdings Ltd. --I O x W 0 ; y v fn d v0 a N N O v GAS BAR SITE 3 Q O PART 1 AREA-0.780 hm °� Q $ O w LLJ o �S BaR o -E N82p0 304 c 0 N7 3 Ld 050•E V Z CONMENENC Z STORE �q 2,600 Sq.ft. w��\ a� \\ O Q Qc p_p�0p0 p.84.004 - .NT2�478•E G �• o ..._.._____._. ._.- O . �`s3 pRINGS DRIVE M o PSpEN i Property Location Map(Bowmanville) COPA 2006-0004 Clarington Official Plan Amendment ZBA 2006-0023 Zoning By-Law Amendment Owner: Martin Road Holdings Ltd. --I O x W 0 ; y v fn d v0 a N N O v Clari�gton �eaeng the way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 19, 2007 Report M PSD-023-07 File #:COPA 2005-005, COPA 2005-006 By-law #: ZBA 2005-021 Subject: DECISION OF THE ONTARIO MUNICIPAL BOARD MOTION TO DISMISS THE APPEAL BY LOBLAWS PROPERTIES LTD. OF ZONING BY-LAW 2006-047 BOWMANVILLE WEST TOWN CENTRE' RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-023-07 be received for information. Submitted by: Reviewed by: vi J. Crome, M.C.LP., R:P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer CP*DJC*df 14 February 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 611 REPORT NO.: PSD-023-07 PAGE 2 1. In late October of 2006 Halloway Holdings Ltd. (Halloway) initiated proceedings to bring a motion to the Ontario Municipal Board to have the appeal of Zoning By-law 2006-047 by Loblaw Properties Inc. (Loblaws) dismissed without a hearing. At that time Loblaw's appeal affected all of the lands covered by Zoning By-law 2006-047. Discussions between representatives of Loblaws, Halloway, and the Municipality allowed the appeal by Loblaws to be scoped to specific issues. The scoped appeal related to the total floor area permission on the Clarington Centre lands, including the existing Loblaws property; and the permission for a supermarket on the Halloway lands, located on the northeast corner of Green Road and Highway 2. 2. The Executive Vice Chair of the Ontario Municipal Board conducted the motion hearing in mid-January in Toronto. The motion brought by Halloway was supported by the Municipality with the full participation of the Municipality's solicitor and affidavit evidence prepared by the Municipality's market and planning consultants. The thrust of the motion was that there were not legitimate planning issues to be litigated in front of the OMB. 3.. The Board's decision was released on February 8, 2007. The Board found that: the zoning by-law is consistent with the new Official Plan policies. The market and the consumers demands is allowed to determine the type and amount of retail within the set framework of the Official Plan; a hearing on the zoning by-law would lead to a revisit of a concern considered at the previous motion hearing on Official Plan Amendments 43 and 44, the subject of the joint appeal of Zellers and the Bowmanville BIA. It is an issue that should no longer "haunt" the Municipality that has transformed itself through studies and a purposeful commercial policy review. A hearing would be tantamount to reviewing a settled matter; • the Municipality has within its arsenal built-form controls, urban design and traffic controls and the requisite authority over Halloway so that they cannot proceed "carte blanche" as suggested by Loblaws; and the issue of fairness raised by Loblaws is largely irrelevant; there may be some inequity involved (i.e. Halloway did not have to justify a supermarket through the market study) but the planned function would not be affected if indeed a supermarket was to locate on the Halloway lands. The OMB concluded that there is no apparent planning reason for a hearing and ordered the dismissal of the appeal without a hearing. 4. Halloway has subsequently advised the Board and Loblaws of their intention to pursue a further motion for costs against Loblaws. 5. All of the Official Plan changes and the new zoning for the West Bowmanville Town Centre are now in force. The only outstanding appeal of OPA 43 is by AYT Corporation. This appeal only affects the lands located to at Bennett road north of Highway 401. This hearing has yet to be scheduled. Attachment 1 - OMB Decision dated February 8, 2006 612 Attachment 1 To Report PSD-023-07 ISSUE DATE: February 8, 2007 DECISION/ORDER NO: PL031180 0347 PL040131 Ontario 0041 PL04 Ontario Municipal Board PL00041 Commission des affaires municipales de I'Ontario West Diamond Properties Inc. and Players Business Park Ltd. have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part of Lot 17, Concession 1 and 2 to permit the development a commercial centre including a discount department store and a supermarket OMB File No: Z030175 (PL031180) West Diamond Properties Inc. and Players Business Park Ltd. have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, C. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington to redesignate land on Part of Lot 17, Concession 1 and 2 to permit the development a commercial centre including a discount department store and a supermarket OMB File No: 0030411 (PL031180) Halloway Holdings Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. PA 3, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part of Lot 16, Concession 1 to permit the development of a commercial plaza OMB File No: Z040023 (PLO40131) Halloway Holdings Limited has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington to redesignate land on Part of Lot 16, Concession 1 to permit the development of a commercial plaza OMB File No: 0040032 (PL040131) Loblaw Properties Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, C. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part of Lot 16, Concession 1, municipally known as 2375 Highway No. 2, by removing the requirement for a supermarket OMB File No: Z040005 (PL040041) Loblaw Properties Limited has appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, against Zoning By-law 2006-047 of the Municipality of Clarington OMB File No. R060067 (PL060287) Halloway Holdings Limited will bring a motion to dismiss, without a full hearing, the appeal of Loblaw Properties Limited of Zoning By-law 2006-047 of the Municipality of Clarington. APPEARANCES: 613 - 2 _ PL031180 PL040131 PL040041 PL060287 Parties Counsel Municipality of Clarington D. C. Hefferon Halloway Holdings Limited S. D. Rogers Loblaw Properties Limited S. A. Zakem P. J. Harrington DECISION ON A MOTION TO DISMISS DELIVERED BY S.W. LEE This motion to dismiss pursuant to Subsection 34( 25) of the Planning Act was made by Halloway Holdings, owner of lands at the north-east comer of Green Road and Highway 2 in the Municipality of Clarington. The motion is aimed to dismiss without a hearing the appeal to Zoning By-law 2006-047 launched by Loblaw Properties Limited. The latter operates its business at the south-east comer of Green Road and Highway 2. Both Halloway Holdings and the Loblaw store are located within the Bowmanville West Town Centre. Zoning By-law 2006-047 was enacted simultaneously with OPA 43, OPA 44 on March 1, 2006, which affects the Bowmanville West Town Centre. In an earlier Board decision, of which I was the presiding member (Decision/Order No. 2363), the Board had granted the motion to dismiss without a hearing as requested by the Town, and supported by West Diamond, Halloway and Loblaw. Those other appeals had been launched by Zeller's with respect to OPA 43, 44 and By-law 2006-047. It was the position of the applicant of this motion that the policies of OPA 43 and 44 would not specify any particular type of retail space or whether supermarket use must locate on any particular parcel of lands in the Bowmanville West Town Centre other than the locations for home improvement centres and the banking institutions. 614 - 3 - PL031180 PL040131 PL040041 PL060287 The appeal of Loblaw to By-law 2006-047, according to counsel for Halloway, is to challenge the fact that the zoning would permit a supermarket on the Halloway site. It is contended that Loblaw attempted to re-introduce the question of market justification for Halloway's lands, which, in her view, should no longer be an issue. She alleges that based on the history of the players involved, Loblaw is really attempting to prevent another actor to enter into the market place and curb business competition in the supermarket retail. To hold a hearing will in fact allow the market competition to supplant planning. It is her position that no land use planning ground has been revealed in this appeal. In fact, all the indicia points to the direction that the hearing is done for the purpose of delay. This position was supported by counsel for the Municipality of Clarington. Mr. Hefferon emphasised that the OPA 43 and 44 allowed for a "Flexible control" in the type and size of the retail except through an overall population related gross floor leasable space limits. He strongly urged the Board to consider the fact that what was being requested by Loblaw has in fact been the position put forward by Mr. Joseph in the earlier hearing involving the dismissal of Zellers' appeals. In allowing the application to succeed, the Board, in his opinion, would act consistently and in harmony with the planning approach adopted by the two OPAs. Counsel for Loblaw indicated to the Board that it seeks equity and equal treatment through its process. In their opinion, throughout its review, Loblaw has been forthright, co-operative and subject itself to extensive study and review when it proposed for a Real Canadian Superstore. Halloway, on the other hand, seems, in their opinion, to be getting away with a lot: not only in the right to have a supermarket, but in terms of phasing or design control. In addressing the question whether there are apparent planning grounds worthy of adjudication, I am familiar with the requisite jurisprudence underlying such motions. I am always cognizant that before allowing the motion, the Board must not rush to judgement easily and that care and vigilance must be maintained so that the meritorious appeals would not be swept away by zealous applicants. in the leading case of East Beach v. Toronto f 19961 O M B D No 1890, the panel of that decision, of which I was a presiding member, has this to say: 615 -4 _ PL031180 PLO40131 PL040041 PL060287 The Board is entitled to examine the reasons stated to see whether they constitute genuine, legitimate and authentic planning reasons. This is not to say that the Board should take away the rights of appeal whimsically, readily and without serious consideration of the circumstances of each case. This does not allow the Board to make a hasty conclusion as to the merit of an issue. Nor does it mean that every appellant should draft the appeal with punctilious care and arm itself with iron-clad reasons for fear of being struck down. What these particular provisions allow the Board to do is seek out whether there is authenticity in the reasons stated, whether there are issues that should affect a decision in a hearing and whether the issues are worthy of the adjudicative process. East Beach Community Assn v.Toronto(City),[1996)O.M.B.D.No. 1890 as pars.9(O.M.B.) I reviewed the arguments and the history of the impugned planning process of this case carefully and have come to the following conclusions: Firstly, an important Commercial Policy Review undertaken by the municipality had been completed. Out of these painstaking efforts, the three aforesaid planning instruments.were bom. Through OPA 43 and 44, Clarington has established the retail limits in the Bowmanville West Town Centre and a population threshold. OPA 44 sets out the maximum gross floor space limits for each of the 5 parcels of lands within the secondary plan area. Specifically, they do not, with the exception of financial institution and home improvement centre, establish any restriction of any particular type of retail in the area. That approach of allowing the market and the consumer's demand to determine the type and amount of retail within a set framework instead of the deployment of a market study for any particular kind of retail use is consistent with the conclusions of the CPR. It is my finding that a challenge to the By-law 2006-047 to allow a supermarket to proceed is inconsistent with the underlying OP policies for flexible control and which do not proscribe against such an inclusion. Additionally, the planning instrument hierarchy would make such a challenge an anomaly, as what would be before the Board is only the zoning by-law. Secondly, as a corollary, the decision against the proscription of the particular retail formats and merchandise ought not to be revisited in a zoning appeal. In other words, if this Board were to allow the hearing of the zoning by-law to proceed, it would by necessity have to go over a concern that should no longer haunt a municipality that has transformed itself through a studied and purposeful commercial policy review. To 616 - 5 - PL031180 PLO40131 PLO40041 PL060287 allow a hearing to proceed on such a basis is tantamount to reviewing a settled matter, and will in turn play havoc to the overall planning framework, which has been refined and finalized at great efforts. I note that Mr. Zakem expressed his dissatisfaction that Halloway could have brought this motion earlier when the first motion to dismiss was heard. I do have sympathy. However, I do want to point out that Loblaw at that motion did ally itself with the Town and Halloway in the skirmish against Zellers. The realm of planning does resemble life sometimes in its everlasting irony: there are no permanent friends or enemies, there are only permanent interests. Thirdly, I find that the municipality has within its arsenal built-forms control, urban designs and traffic controls. In other words, this is not a carte blanche where Halloway can proceed with impunity and without any further municipal input. In fact, after hearing what was told by Mr. Zakem, I expect and would encourage the municipality to exercise its requisite authority comprehensively through development controls and any other legal device to calibrate and control the pace and form in accordance with any service and infrastructure constraints and design criteria in dealing with any future Halloway development plans. There should not be any impediment for Clarington, if a specific proposal is brought forward, to ask for control mechanisms which may even necessitate a site specific amendment. At present, there is no specific plan that would allow for such evaluations on the Halloway lands. Fourthly, the primary argument of Mr. Zakem against the granting of the motion is based on what he considers the unfairness of the present situations. He went back on the chronology of the planning applications with respect to the West Diamond site, the Halloway site and the Clarington Centre. He requested the Board to come to the conclusion that through the entire process, it was never anticipated that the Halloway site would have a supermarket use. He maintains that his is not a case of jostling for his client's market share for supermarket. He pointed out that Halloway got an undue advantage over the other players. In his submission, he pointed out that while West Diamond had to phase in their retail developments, and complied with urban design requirements, Halloway got an edge over everyone else.As a minimum, Mr. Zakem and his co-counsel requested the Board to allow a hearing so that all these misgivings and apparent inequities can be fully aired. 617 - 6 - PL031180 PLO40131 PL040041 PL060287 Whether we agree or not on those afore-mentioned is, in my view, largely irrelevant. There may be some "inequity" involved, as depicted by Mr. Zakem and I take notice of the fact there had been a prior private agreement with the players about location and the distance of co-location of supermarkets. I also take notice that this motion was not brought on earlier. However, there is an overarching question before one rushes headlong to a hearing of this nature: how is the planned function to be affected if indeed a supermarket is to proceed and how that question should configure as a legitimate concern. The Board heard very little from the respondent to this motion in that connection. In our view, the conclusions of the CPR are designed to wean the need of calling for a market study of a certain retail format. That goal should not be readily defeated or overcome just because there were irritants amongst the key players. For these reasons, the Board is satisfied that there is no apparent planning reasons for the hearing and will allow the motion and orders the dismissal of the appeal without a hearing. Requests for cost awards have been hinted at the closing of the arguments. Naturally, the parties need to evaluate their positions after considering the outcome of this motion and assessing what I said. While I am ready to hear the applications, I would be much obliged if counsel can be more solicitous and prevail on their clients the need for some sober reflections. There would be a great deal of strives and costs waiting ahead if the legal proceeding discussed earlier in my decision were to ripen. "S. W. Lee" S. W. LEE MEMBER 618 Clarington uaa�ng ehe way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 19, 2007 Report M PSD-024-07 File #: PLN 7.12 By-law#: Subject: ANNUAL REPORT ON SITE PLAN ACTIVITY FOR 2006 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-024-07 be received for information. Submitted by: /2kv— Reviewed by: w w vi Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer CP/DJC/SA2/df 14 February 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 619 REPORT NO.: PSD-024-07 PAGE 2 1.0 BACKGROUND 1.1 The purpose of this report is to provide an update on information regarding site plan application activity during 2006. 1.2 The Site Plan Control By-law requires that plans and drawings for any building or structure be approved by the Municipality prior to issuance of a building permit except for those exceptions stated in By-law 90-130. By-law 90-130 delegates the approval authority of site plan applications to the Director of Planning Services and the Director of Engineering Services. 1.3 Except for additions or minor expansions, a site plan approval is generally required for a proposed development to ensure a comprehensive design review of the location of all buildings and structures, landscaping, access locations, grading, servicing, parking areas, signage and lighting etc., by all regulatory authorities. In addition, it is through the site plan approval process that the Municipality applies conditions of approval including requirements such as; cash- in-lieu of parkland dedications, road widenings, and performance guarantees, etc. Land owners.are usually required to execute a development agreement with the Municipality which is registered on title and is enforceable against present and future owners. 2.0 SITE PLAN ACTIVITY 2.1 Attachment 1 to this report outlines all site plan applications received during the period of January 1, 2006, and December 31, 2006. The summary table includes the following information: site plan,application file number, the nature of the application, location, and current status. Attachment 2 outlines all site plan applications approved during the same time period. Approval may be conditional on agreements being signed by the applicant, executed by the Mayor and Municipal Clerk and then registered against title. Until registration occurs, a building permit is not usually available. 2.2 Site Plan activity through 2006 was as follows: Table 1: Site Plan Activitv, 2006 Application Files Remaining Open at end of 2005 66 Applications Received 44 Applications Approved 36 Applications Withdrawn 1 Applications Appealed to OMB 0 Applications Denied to OMB 0 Application Files Remaining Open at end of 2006 74 620 REPORT NO.: PSD-024-07 PAGE 3 Site Plan Applications Received, 1998-2006 70 a a �¢ 40 — — — — — a _ 10 — — — — . N 03 1998 1999 2000 2001 2002 2003 2004 2005 2006 Year Figure 1: Site Plan Applications Received, 1998-2006 Recent site plan application trends suggest a slight overall decline in the number of applications received by the Municipality over the past few years. 2.3 A breakdown of site plan applications submitted in 2006 by land use type is shown in the pie chart below. Site Plan Applications Received by Type, 2006 Residential 23% Commercial 33% Industrial Institutional 28% 16% Figure 2: Site Plan Applications Received by Type, 2006 621 REPORT NO.: PSD-024-07 PAGE 4 The Municipality has exhibited strong commercial and industrial growth in 2006, accounting for 33% and 28% respectively, of all site plan applications received. Residential growth has remained steady with 23% of all site plan applications. 2.4 Site plans approved in 2006 by type are shown in Figure 3. These figures also include site plans received in years previous to 2006. Site Plan Applications Approved By Type, 2006 Residential 11% Commercial Industrial 44% 24% Institutional 21% Figure 3: Site Plan Applications Approved by Type, 2006 Site plan approval in 2006 was dominated by commercial site plan applications which comprised close to half of all those approved. This trend is expected to continue during the coming year with the recent Ontario Municipal Board approval of Official Plan Amendments 43 and 44, and related zoning for development in the West Bowmanville Town Centre and other commercially. designated property. 2.5 The total floor space and residential units approved in 2006 is illustrated in Figures 4 and 5 below. 2.5.1 Figure 4 illustrates the total floor space approved by land use type. In 2006 there has been 20,059 square metres of commercial floor space approved in the development of 11 sites. A sample of the commercial uses for which floor space was approved through the site plan process include new retail, expansion of 622 REPORT NO.: PSD-024-07 PAGE 5 existing retail and commercial storage. Industrial floor space was approved primarily for additions to existing facilities through 6 site plans. Institutional floor space increased as a result of the approval of school additions, a place of worship and two community clubhouses on 6 sites. Total Floor Space Approved by Land Use, 2006 25000 20000 — - - - — - — - — - — - — - — - — - - - - m 15000 — - — - — - — - — - — - — - — - — - — - — - — raP 10000 5000 0 Commercial Industrial Institutional Land use Figure 4: Total Floor Space Approved by Land Use, 2006 2.5.2 A summary of the residential units approved by dwelling type suggests that Clarington's housing stock is becoming more diversified. As can be seen, the number of apartment units continue to grow, as compared to a few years back when few, if any apartments were being approved in Clarington. The single- detached dwellings approved were in Wilmot Creek Retirement Community. 623 REPORT NO.: PSD-024-07 PAGE 6 Residential Units Approved by D7Type, 2006 1ao ------ —------------ 160 / -------- 140 / _ ---- -120 / -- -- ----------- -- 60 -/, -------------------------- ------------------ ---- 20 0 Singie Detached Townhouse Apartment Dwelling Type Figure 6: Residential Units Approved by Dwelling Type, 2006 2.6 Site plans approved in 2006 by geographical area are shown in Figure 6 below. As expected, most the site plan'activity is occurring within urban areas. The rural areas of Darlington and Clarke account for the remaining 21% of approved site plan applications in 2006, which include telecommunications towers, small stand alone commercial and residential uses and institutional renovations. 2.6.1 Bowmanville continues to be the centre of Clarington's urban development activity: 39% of the site plan applications approved in 2006 and 43% of those received were in the Bowmanville urban area. There is an increase in the medium and high density residential site plan applications, primarily proposing residential forms such as townhouses and low-rise apartment developments. Commercial site plan approval continues to be strong with both new retail and the expansion of existing commercial/retail uses. There have also been site plans received for site redevelopment within the Bowmanville urban area, which is expected to increase as the area matures. Some of the site plans received in 2006 propose higher value commercial uses such as professional offices, hotels and convention centres which have the potential to enhance Clarington's employment and tourism opportunities. Finally, a number of site plans were received and/or approved for school and institutional expansion, as services and infrastructure keep pace with the growing residential population. 624 REPORT NO.: PSD-024-07 PAGE 7 Site Plan Applications Approved and Received by Geographic Area, 2006 45 40 - — - — - — - — - — — — - — - — - — - — 35 - — - — - — - — - — - — - — - — — - — - — - — - — - — - — - — - — - — - — — - — - — - — - — 30—' 9 25 - — - — - — - — - — - — - - - — — - — - — - — - — - — - — - — - — - — - — - — - — - — - L 20 — - — — — a 15 0 _ . Newcastle DarFgton Clarke Courtice Bowranvie Orono VVIrnol Creek verge Ole"raphic Area ■Received pproved Figure 6: Site, Plan Applications Approved by Community, 2006 2.6.2 Newcastle Village had 24% of the approved site plans and 18% of the new site plans received in 2006. This urban area is also seeing site plan proposals for higher density residential developments and rejuvenation of the downtown through small scale commercial proposals for uses including gas stations and restaurants. Site plan applications were received for further residential growth with proposals for a 64 unit condominium for seniors, and 8 low-rise residential buildings. 2.6.3 Courtice urban area accounted for 11% of the approved site plan activity and approximately 14% of received site plans. The site plan activity in the Courtice area consists of an industrial storage facility, an organic compost facility and an institutional application for a church.There was no residential or commercial site plan application in 2006 in the Courtice urban area. 2.6.4 Two site plan applications were approved in 2006 within the Wilmot Creek Lifestyle Community. One was the 66 detached residential dwellings in Phase 7 and a community clubhouse addition. 2.6.5 There are 74 files open at year end 2006. Some have been recently received and are in circulation for comments from other departments and external agencies. Others have been open for longer periods. As these applications tend to be more complex,they often require more time for potential zone changes and 625 REPORT NO.: PSD-024-07 PAGE 8 resolving related issues. Site plan files awaiting further information are monitored regularly by the assigned planner and a letter is sent to inform the applicant of the status of the file. In 2006, overall development activity and staff workload has led to delays in processing some applications. 3.0 CONCLUSION 3.1 Site plan activity in 2006 has followed recent trends with strong growth in the commercial and industrial sectors. In the last few years, higher density residential proposals such as townhouse and apartment projects have become a more significant component of site plan review activities. Of the 10 residential site plans received in 2006, 70% proposed medium to high residential uses. This figure has increased from 57% in 2005. Attachments: Attachment 1 — Site Plan Applications (January 1, 2006 to December 31, 2006) Attachment 2 —Approved Site Plans (January 1, 2006 to December 31, 2006) 626 N V Site Plan Applications Received (January 1, 2006 to December 31 gym/ 5 SPA2006-0001 20-Jan-06 410 TORONTO ST 489445 ONTARIO LTD.(JAMES NEWCASTLE ADDITION TO INDUSTRIAL BUILDING FOR MARSHALL) VILLAGE STORAGE SPA2006-0002 31-Jan-06 BENNETT RD RIDGE PINE PARK INC. WILMOT CREEK 66 DETACHED DWELLINGS AND RELATED ROADS SPA2006-0003 07-Feb-06 3005 HIGHWAY 35/115 N. 1098431 ONTARIO LTD CLARKE PROPANE TANK AND PAD SPA2006-0004 08-Feb-06 216 KING AVE EASTMAN HOLDING LTD. NEWCASTLE GAS BAR,RETAIL SALES AND CONVENIENCE VILLAGE STORE SPA2006-0005 10-Feb-06 57 MILL ST 1664312 ONTARIO LTD NEWCASTLE CONVERTA HOUSE INTO A RESTAURANT VILLAGE SPA2006-0006 20-Feb-06 2349 HIGHWAY 2 DUNBURY DEVELOPMENTS GREEN DARLINGTON 6 STOREY RESIDENTIAL CONDOMINIUM SPA2006-0007 07-Mar-06 1987 BASELINE RD 1278902 ONTARIO LTD COURTICE STORAGE FACILITY,OFFICE,AND PARKING AREA SPA2006-0008 30-Mar-06 275 TORONTO ST SWAN DEVELPMENTS LIMITED NEWCASTLE AMENDMENTTO INCLUDE ADDITIONAL VILLAGE PARKING FOR A NEW MEZZANINE CONCESSION ACCESSORY BUILDING PROPOSED IN THE SPA2008-0009 13-Apr-O6 1780 10 JEFFERY R.BRADLEY DARLINGTON ENVIRONMENTAL HOLDING SYMBOL ON THE OAK RIDGES MORAINE SPA2006-0010 21-Apr-06 194 COURTICE RD DURHAM RADIO INC. COURTICE INSTALLATION OF A 60 M TALL COMMUNICATIONS TOWER SPA2006-0011 27-Apr-06 3180 CONCESSION JOHN SIMIANA CLARKE SINGLE DETACHED HOUSE SPA2006-0012 16-May-06 2038 NASH RD DURHAM CHRSTIAN ACADEMY BOWMANVILLE ADDITION TO AN EXISTING BUILDING SPA2006-0013 17-May-06 43 ORMISTON ST KAWARTHA PINE RIDGE DARLINGTON RELOCATION OF EXISTING UTIUTY SHED DISTRICT SCHOOL BOARD SPA2006-0014 24-May-06 2735 HANCOCK RD GERTRUD TOMINA DARLINGTON TEMPORARY GOLF DOME BUBBLE AND CLUB HOUSE SPA2008-0015 02Jun-06 1700 BASELINE RD MIKE KONOPACKI COURTICE ADDITION TO AN INDUSTRAIL BUILDING SPA2006.0016. 21-Jun-06 SHIPWAY AVE PORT OF NEWCASTLE MARINA NEWCASTLE FOUR STOREY APARTMENT BUILDING VILLAGE SPA2006-0017 28-Jun-06 120 QUEEN ST KENNETH JAMES LYNCH BOWMANVILLE PROFESSIONAL OFFICE WEST DIAMOND PROPERTIES SPA 006-0018 - 28-Jun-06 INC&PLAYERS BUSINESS BOWMANVILLE RETAIL COMMERCIAL DEVELOPMENT PARK LTD -i O CD 'O O D 0n y vn O � A CD C 7 O v J Site Plan Applications Received (January 1, 2006 to December 31 /(9A rP h ,v SPA20DB-0019 03Jul-06 1880 HIGHWAY 2 COURTICE BAPTIST CHURCH COURTICE ADDITION TO EXISTING BUILDING NEWCASTLE 64 UNITE RESIDENTIAL CONDOMINIUM FOR SPA2006-0020 04-Jul-06 21 BROOKHOUSE OR 1319164 ONTARIO LTD. VILLAGE SENIORS SPA2008-0021 11-Jul-06 181 KING ST BARBARA HANC BOWMANVILLE REFRESHMENT VEHICLE AMENDMENT TO ENTRANCE AND LANDSCAPE SPA2006-0022 18JUl-06 243 KING ST FIRST CAPITAL BOWMANVILLE FEATURES AND RELOACTION OF GARBAGE ENCLOSURE SPA2008-0023 194u1-06 45 WEST SIDE DR KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD BOWMANVILLE FOUR ADDITIONAL PORTABLES SPA2006-0024 19-JUI-06 1780 RUDELL RD MUNICIPALITY OF CLARINGTON NEWCASTLE VILLAGE COMMUNITY CENTRE Jul 40 PORT RD 1494285 ONTARIO LTD BOWMANVILLE PUBLIC STORAGE FACILITY SPA2006-0025 20- -08 DARLINGTON 21-Jul 2151 SOUTH RD ONTARIO POWER GENERATION DARLINGTON PROCESSING AND STORAGE FACILITY SPA2006-0026 -06 SERVICE NEWCASTLE SEVEN THREE STOREY RESIDENTIAL SPA2006-0027 ul-08 21-Jul-06 SHIPWAV AVE CCCC DURHAM WEST LTD. VILLAGE BUILDINGS 571 LONGWORTH AVE HALMINEN URBAN BOWMANVILLE 27 CONDOMINIUM TOWNHOUSES SPA200M028 10-AU -0B 9 COMMUNITIES INC. 880 LONGWORTH AVE HALMINEN URBAN BOWMANVLLE 80 CONDOMINIUM TOWNHOUSES - SPA2008-0028 18-Aug-OB COMMUNITIES INC. 90 PARKWAY CR PVNC DISTRICT SCHOOL BOWMANVILLE ADDITION OF 2 PORTABLE CLASSROOMS SPA20o8-0030 21-Aug-08 BOARD 37 SPICER SO BOWMANVILLE HOTELS INC BOWMANVILLE HOTEL AND CONVENTION CENTRE SPA2006.0031 28-A -O6 REGIONAL RD EXPANSION TO EXISTING AGGREGATE SPA2006-0032 08-Sep-06 S088 ZO KOVACS SAND AND GRAVEL DARLINGTON EXTRACTION AREA SPA2006-0033 25-Sep-06 1848 BASELINE RD MILLER PAVING LIMITED COURTICE ORGANIC COMPOSTING FACILITY SPA2008-0034 2r-Sep 35 SPICER SO BOWMANVILLE HOTELS INC BOWMANVILLE CONVENTION CENTRE RD ANDRE RS BOWMANVILLE WAREHOUSE STORAGE BUILDING SPA2008-0035 29-Sep-06 ep-OB 125 DARLINGTON CONTRUWICTGIGEON ATHLETIC CONDITIONING AND WELLNESS SPA2006-0036 02.00-06 40 BRITTON CT 921954 ONTARIO LTD. BOWMANVILLE CENTRE PORT ANDRE WIGGERS STURCTURE FOR BOAT CONSTRUCTION AND SPA2006-0037 02-Oct-06 125 DARLINGTON RD CONTRUCTION BOWMANVILLE STORAGE G4-Oct-06 100 OSBOURNE RD REGIONAL MUNICIPALITY OF COURTICE WEIR CHAMBER SPA2006-0038 DURHAM SPA2006-0039 07-Nov-06 18 BROWN ST COWAN PONTIAC BUICK BOWMANVILLE TEMPORARY PARKING LOT SPA2006-0040 13-Nov-06 ST ONTARIO LTD. ORONO BOWMANVILLE 48 CONDOMINIUM TOWNHOUSES SPA2006-0041 16-Nov-06 312 LIBERTY 2044356 SPA2006-0043 12-De 06 ROYAL VISTA HOMES COMMERCIAL PLAZA SPA2006-0044 20-Dec-06 215 BASELINE RD MOOLCA INVESTMENTS INC. BOWMANVILLE 4 UNIT INDUSTRIAL BUILDING SPA2008-0045 22-Dee-06 55 TEMPERANCE ST JANICE SETO BOWMANVILLE COMMERCIAL CONVERSION OF HOUSE rn N (0 Approved Site Plans (January 1, 2006 to December 31 SPA2006-006 6-Jan-06 243 KING ST FIRST.CAPITAL BOWMANVILLE � EXPANSION TO A&P SPA2004-022 23-Jan-06 ASPEN SPRINGS DR KAITLIN GROUP BOWMANVILLE HIGH DENSITY RESIDENTIAL SUBDIVISION SPA2005-0037 30-Jan-06 400 WAVERLEY RD ST.MARY'S CEMENT BOWMANVILLE CONSTRUCTION OF AN ENVIROTECH STORAGE BUILDING SPA2004-041 17-Feb-08 KING AVE TDL GROUP LTD NEWCASTLE VILLAGE RESTAURANT SPA 2005-026 7-Apr-06 90 SHIPWAY AVE KAITLIN GROUP NEWCASTLE VILLAGE COMMUNITY CLUBHOUSE SPA2005-018 28-Apr-08 2401 HIGHWAY 2 CANADIAN TIRE REAL ESTATE LTD BOWMANVILLE 1000 SO.M.EXPANSION TO THE EXISTING BUILDING SPA2005-0039 12-May-06 ASPEN SPRINGS DR WEST BOWMANVILLE DEVELOPMENTS LTD. TEMPORARY RESIDENTIAL SALES CENTRE SPA2005-023 17-May-06 SOUTH SERVICE RD W.E.ROTH CONSTRUCTION BOWMANVILLE FIVE COMMERCIAL BUILDINGS SPA2006.0040 18-May-06 87 MILL ST NEWCASTLE MEDICAL NEWCASTLE VILLAGE ADDITIONAL PARKING SPACES SPA 2005-009 30-May-06 253 SPRUCEWOOD CR ST.STEPHENS ESTATES INC. BOWMANVILLE 40 TOWNHOUSE CONDOMINIUMS SPA2003-015 6-Jun-06 131 LAKE RD GB LEASING BOWMANVILLE INDUSTRIAL BUILDING SPA2008-0008 22-Jun-06 275 TORONTO ST SYVAN DEVELOPMENTS LIMITED NEWCASTLE VILLAGE AMENDMENT TO INCLUDE ADDITIONAL PARKING FOR A NEW MEZZANINE SPA2006-0011 22-Jun-06 3180 CONCESSION 10 SIMIANA CLARKE HOUSE ON THE OAK RIDGES MORAINE SPA2006-0012 224un 06 2038 NASH RD DURHAM CHRISTIAN ACADEMY BOWMANVILLE ADDRION TO THE EXISTING SCHOOL SPA2005-0021 23-Jun-06 181 KING AVE MOOLCO CAR WASH NEWCASTLE VILLAGE CAR AND DOG WASH SPA2001-028 28Jun-06 1287 ADAMS RD MICROCELL CONNEXIONS CLARKE TELECOMMUNICATION TOWER SPA2001-039 28-Jun-06 4708 HOLT RD ROGERS WIRELESS DARLINGTON TELECOMMUNICATION TOWER SPA2005-029 3-Jul-06 6085 HIGHWAY 35/115 1636351 ONTARIO LTD. CLARKE ADDITION TO THE DUTCH OVEN SPA 2008-013 3-Jul-06 43 ORMISTON ST KPRSCHOOL BOARD DARLINGTON SCHOOL RENOVATIONS --I O M (D a O D U S 7 J N 0) W O Approved Site Plans (January 1, 2006 to December 31 ve SPA 2008-015 10-Jul-08 1700 BASELINE RD KONOPACKI COURTICE EXPANSION TO INDUSTRIAL BUILDING SPA2006-0003 12-Jul-06 3005 HIGHWAY 351115 1098431 ONTARIO LTD CLARKE PROPANE TANK AND PAD SPS 2003-042 27Ju1-08 175 LAKE RD 1419190 ONTARIO INC. BOWMANVILLE. INDUSTRIAL BUILDING SPA 2006-001 1-Aug-06 410 TORONTO ST IMS NEWCASTLE VILLAGE ADDITION TO AN INDUSTRIAL BUILDING SPA 2005-034 21-Aug-06 114 LIBERTY ST SHELL CANADA BOWMANVILLE GAS STATION RE-DEVELOPMENT SPA 2005-032 22-Aug-06 186 KING ST COWAN BOWMANVILLE CAR DEALERSHIP SPA 2006-023 14-Sep-06 45 WESTSIDE DR KPR SCHOOL BOARD BOWMANVILLE ADDITION OF PORTABLES TO ROSS TILLEY SPA 2003-058 18-Sep-06 1731 BLOOR ST COURTICE FAMILY WORSHIP CENTRE COURTICE CONSTRUCTION OF A NEW CHURCH SPA 2006-004 20-Sep-06 216 KING AVE EASTMAN HOLDINGS LTD. NEWCASTLE VILLAGE GAS STATION RE-DEVELOPMENT AND CONVENIENCE STORE SPA 2005-030 25-Sep-06 2836 HOLT RD SUPERDOG CENTRAL INC. DARLINGTON DOG KENNEL SPA 2006-010 26-Sep-06 194 COURTICE RD DURHAM RADIO INC. COURTICE COMMUNICATIONS TOWER SPA 2006-026 24-Od-08 OPG DARLINGTON DRY FUEL STORAGE SPA2003-036 26-Oc1-08 . . 355 WAVERLEY RD BOWMANVILLE CREEK DEVELOPMENTS BOWMANVILLE RING ROAD FOR RONA SPA 2006.002 25.Od-06 RIDGE PINE PARK WILMOT CREEK 88 DETACHED DWELLINGS AND ASSOCIATED ROADS SPA 2005-045 2-Nov-06 205 BASELINE RD RONA BOWMANVILLE NEW RETAIL STORE SPA 2005-0043 9-Nov-06 1 WHEELHOUSE DR RIDGE PINE PARK WILMOT CREEK COMMUNITY CLUBHOUSE SPA 2006-0038 15-Nov-08 100 OSBOURNE RD REGIONAL MUNICIPALITY OF DURHAM COURTICE WEIR CHAMBER SPA 2006-0005 23-Nov-OB 57 MILL 5T KIMBALL NEWCASTLE VILLAGE CONVERSION OF AN EXISTING HOUSE TO A RESTAURANT SPA 2006-024 5-D,:;B 1780 Rudeil Rd MUNICIPALITY OF CAARINGTON NEWCASTLE VILLAGE ACOUATIC CENTRE Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE' Date: Monday, February 19,2007 Report#: PSD-025-07 File #: RE 6.2.7 By-law#: Subject: REASONS FOR DECISION OF THE INQUIRY OFFICER UNDER THE EXPROPRIATIONS ACT RESPECTING THE PROPOSED EXPROPRIATION OF 50 EAST BEACH ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-025-07 be received and APPROVED; 2. THAT Council as the approving authority under section 5(1) of the Expropriations Act having considered the Inquiry Officer's Reasons for Decision and recommendations including his Finding number 4, dated January 2, 2007, determine that the Owners of 50 East Beach Road should not be given the choice of retaining the portion that will be situated on the north side of the to be realigned East Beach Road comprising the northerly approximate 36% of the area of 50 East Beach Road for the reasons set out in Section 2 of this Report; 3. THAT Council pass a by-law to approve the proposed expropriation of the "Lands" comprising the whole of 50 East Beach Road which are more particularly described in Attachment 3, for the purposes of a district park; 4. THAT Council pass a by-law to authorize the Mayor and the Municipal Clerk to execute a Certificate of Approval on behalf of Council as the approval authority as is required by section 8(3) pf the Expropriations Act (Attachment 7); 5. THAT Council approve the Notice of Decision and Reasons for Decision of Council contained in Attachment 7 approving the proposed expropriation of the Lands for the purposes of a district park and authorize the Municipal Clerk to serve a copy of them on all parties as required by section 8(2) of the Expropriations Act; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-08 631 REPORT NO.: PSD-025-07 PAGE 2 6. THAT Council pass a by-law to expropriate the Lands for the purposes of a district park pursuant to section 6 of the Municipal Act, 2001 (Attachment 9); 7. THAT Council pass a by-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality to execute a plan of expropriation of the Lands and cause the plan to be registered in the proper Land Registry Officer pursuant to section 9(1) of the Expropriations Act (Attachment 10); and 8. THAT staff be authorized to give all necessary notices, and to take all necessary actions to complete the expropriation. Submitted by: Reviewed by: D vid 4. rome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer FUDJC/df February 14, 2007 632 REPORT NO.: PSD-025-07 PAGE 3 1.0 BACKGROUND 1.1 Council's approval of the recommendations contained in Report #PSD-095-04 (Attachment 1) at its meeting on June 28, 2004 authorized the commencement of the procedures provided in the Expropriations Act for the proposed acquisition by the Municipality of 50 East Beach Road ("Lands"). The registered owners of the Lands are Chigweyaru Agbaru and Thomas Cauchon ("Owners"). These Lands are located north of East Beach Road, and west of Port Darlington Road, Bowmanville. 1.2 The Owners requested that an inquiry be held under the Expropriations Act as to whether the taking of the Lands is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority, the Municipality of Clarington ("Hearing of Necessity"). The Lands in question as well as certain other lands owned by the Municipality are outlined on Map 2b) contained in Attachment 2. The lands owned by the Municipality lie to the south, east and west of 50 East Beach Road. To the north of 50 East Beach Road is the Region's Water Treatment Plant and Pollution Control Plant. 1.3 An Inquiry Officer, Mr. Harold S. Goldkind, Q.C. was appointed to conduct the Hearing of Necessity requested by the Owners. He concluded that subject to his Finding number 4, which is discussed in Section 2 of this Report, the proposed expropriation is reasonably defensible and accordingly is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority, the Municipality of Clarington. A copy of the Inquiry Officer's Reasons for Decision dated January 2, 2007 is contained in Attachment 3. 1.4 In Finding number 4, the Inquiry Officer recommended that the expropriating authority consider whether the Owners should be given a choice of retaining the portion of land on the north side of the realigned East Beach Road, as shown on Map 2a) in Attachment 2. 1.5 The Lands comprising the whole of 50 East Beach Road are recommended by Staff to be expropriated. They include the northerly approximate 36% adjacent to what is proposed to be a realigned East Beach Road. The Lands are described in Attachment 4 and shown on the survey plan Map 2c) in Attachment 2. 1.6 Under the Port Darlington Neighbourhood Secondary Plan the portion of the Lands north of the realigned East Beach Road are designated Village Commercial. Under this designation residential uses are permitted only on the second floor of a building which contains a permitted non-residential use. A single detached dwelling with or without a "Bed and Breakfast" is not permitted on lands designated Village Commercial. 1.7 At present, the whole of 50 East Beach Road is zoned Residential Shoreline (RS) in the Municipality's Comprehensive Zoning By-Law 84-63, as amended. This zoning is in effect. It permits a single detached dwelling which may include a "Bed and Breakfast Establishment" as an accessory use on 50 East Beach Road subject to a regulation regarding, among other things, a minimum lot area. This zoning antedates Council's adoption of the Port Darlington Neighbourhood Secondary Plan in 1996. 633 REPORT NO.: PSD-025-07 PAGE 4 1.8 If the Municipality was to expropriate only the northerly approximately 36% of 50 East Beach Road, assuming that the Owners are given the choice to retain the area northerly of the realigned East Beach Road, this area would comprise a new lot for zoning purposes and would have approximately one-half of the minimum lot area required by the Residential Shoreline (RS) zoning if a sanitary sewer is not available. A sanitary sewer is not available currently. 1.9 Since the Port Darlington Harbour Company, Wiggers Custom Yachts and Mr. Glen Ransom had appealed, under section 17 of the Planning Act, to the Ontario Municipal Board the approval of Official Plan Amendment No. 39 (which amended the Port Darlington Neighbourhood Secondary Plan) to permit, among other things, the proposed realignment of East Beach Road north of its current alignment, and had also requested Hearings of Necessity respecting the proposed expropriations of their respective properties, the establishment of a Joint Board under the Consolidated Hearings Act was required to hear and determine both the appeals under the Planning Act and the requested Hearings of Necessity under the Expropriations Act. As a result, the Hearing of Necessity for 50 East Beach Road was delayed until after the decision of the Joint Board under the Consolidated Hearings Act approving Official Plan Amendment No. 39, had been made. 1.10 Official Plan Amendment No. 39 as modified was approved by the Joint Board on the 13th day of January, 2006. It permitted the proposed realignment of East Beach Road. The Hearing of Necessity respecting 50 East Beach Road was deferred until November 2006 to allow for negotiations between the parties to take place. They have taken place but did not result in an agreement that could be recommended to Council by Staff. The Hearing of Necessity was then scheduled by the Inquiry Officer. 1.11 At the Hearing of Necessity respecting 50 East Beach Road, the Municipality's witness was Faye Langmaid, Manager of Special Projects._ Ms. Agbaru and Mr. Cauchon represented themselves. Thirteen exhibits in support of proving the necessity of acquiring 50 East Beach Road were tendered as evidence by the Municipality at the Hearing. The exhibits included the Port Darlington Neighbourhood Secondary Plan as amended by Official Plan Amendment No. 39 and excerpts from the Municipality's Comprehensive Zoning By-law. 1.12 The Inquiry Officer found that the part of the Lands which would be adjacent to the north limit of the realigned East Beach Road is not required for the purposes of the district park. This part is designated Village Commercial in the Port Darlington Neighbourhood Secondary Plan. In the Inquiry Officer's opinion, there is no requirement for public ownership of this part for the purpose of development of the district park. 1.13 At the Hearing of Necessity, the Owners had proposed that their land not be incorporated into the district park and that they retain all or part of their land for residential use and future Village Commercial use such as a "Bed and Breakfast". . Against this background, the Inquiry Officer made his finding that a residential use with a "Bed and Breakfast" was permitted in a Village Commercial area under the Port Darlington Neighbourhood Secondary Plan. He then recommended that the Municipality consider whether the Owners should be given a choice of retaining the portion of land 634 REPORT NO.: PSD-025-07 PAGE 5 on the north side of the realigned East Beach Road (See Finding number 4 on Pages 11 and 12 of Attachment 3). 1.14 In Staffs view, the Inquiry Officer erred in finding that a residential dwelling with a "Bed and Breakfast" would be permitted in a Village Commercial area under the Port Darlington Neighbourhood Secondary Plan. While as noted above, this use is permitted by the Zoning By-law in a Residential Shoreline (RS) zone if it is contained in a single detached dwelling, and the applicable zoning regulations are satisfied. However, a Bed and Breakfast Establishment is not a permitted use if it is contained in a residential dwelling in a Village Commercial area. For a Bed and Breakfast Establishment to be contained in a residential dwelling in a Village Commercial area, the Secondary Plan as well as the Zoning By-law would have to be amended. 1.15 In his Reasons for Decision, the Inquiry Officer referred to Ms. Langmaid's evidence that there were certain difficulties associated with expropriating less than the whole of the Owners' property. In reviewing the difficulties that would result if the Owners were given the choice of retaining the northerly approximate 36% of the area of 50 East Beach Road, Staff believe these difficulties are virtually insurmountable for the reasons outlined in Section 2 of this Report. 1.16 Under section 8(1) of the Expropriations Act, the approving authority, in this case, Council is required to consider the Report of the Inquiry Officer and approve it, not approve it, or approve it with one or more modifications, that the Municipality considers appropriate. Under section 8(2) of the Act, the Municipality is required to give written reasons for its decision and to cause the decision and reasons for it to be served on all the parties and on the Inquiry Officer within 90 days after the date (January 5, 2007) on which the Municipality received delivery of the report of the Inquiry Officer. 1.17 Section 9 of the Expropriations Act requires that Municipality, within 3 months after the granting of approval register in the land registry office a plan of expropriation. On the registration of the plan of expropriation, within the 3 months period, but not otherwise, title to the expropriated land vests in the Municipality. 2.0 APPROVAL OF PROPOSED EXPROPRIATION 2.1 In Finding number 4 of his Reasons for Decision, the Inquiry Officer recommended that the Municipality consider whether the Owners be given a choice of retaining the portion of 50 East Beach Road that will be on the north side of the proposed realigned East Beach Road. At the Hearing of Necessity, Ms. Agbaru had testified that when she and Mr. Cauchon originally purchased 50 East Beach Road with the dwelling on it, they did so with the idea of converting it into a "Bed and Breakfast" in the future. In reviewing the Inquiry Officer's recommendation, Staff examined the potential and practical difficulties and costs for the Municipality to provide the Owners with this choice. For the reasons that follow, Staff recommend that after considering the Inquiry Officer's Reasons for Decision and this Report, Council refuse to give the Owners the choice of retaining the portion of 50 East Beach Road northerly of the realigned East Beach Road. 635 REPORT NO.: PSD-025-07 PAGE 6 2.2 The current zoning of the whole of 50 East Beach Road is Residential Shoreline (RS). In this zone, the permitted uses are single detached dwellings, seasonal dwellings and certain home occupation uses subject to certain regulations respecting such matters as minimum lot area (2,800 square metres) and minimum area of a single detached dwelling (110 square metres). Accessory uses to the main use are permitted. A "Bed and Breakfast Establishment" is a permitted accessory use in a dwelling consisting of three guest rooms in which the proprietor resides and which caters to the needs of the traveling public by furnishing temporary sleeping accommodations. The main use of a dwelling in which a "Bed and Breakfast Establishment" may be established must be a residential use in order to satisfy the Zoning By-law's definition of the term "dwelling 2.3 The Residential Shoreline (RS) and "Bed and Breakfast Establishment" provisions of the Zoning By-law antedate the adoption of the Port Darlington Neighbourhood Secondary Plan. They do not conform with the designation of 50 East Beach Road as Village Commercial in the Secondary Plan. 2.4 If the effect of the proposed expropriation is to reduce the area of 50 East Beach Road by 64%, the result would be that the northerly approximate 36% of it would comprise a new "lot" for the purpose of the Zoning By-law. The new lot would not satisfy the minimum area requirement of the existing Residential Shoreline (RS) zone unless the By-law was amended to reduce the minimum lot area requirement to approximately one half of the current requirement. Such an amendment would not be in the public interest. The purpose of the current minimum lot area requirement is to provide adequate space for a dwelling unit, a septic bed and a reserve area for a septic bed. While the existing lot (that is, the whole of 50 East Beach Road) has water service, there is no sanitary sewer in the area. When East Beach Road is realigned, the sanitary sewer probably will not be extended until there is sufficient development in the residential area to the east to warrant the construction of the sanitary sewer. The timing of this residential development and the provision of this sanitary sewer is not known. Also, apart from the lack of a sanitary sewer, the new lot would be undevelopable until East Beach Road is realigned as the new lot would not have frontage on a public road, a requirement of the Zoning By-law for any lot that is to be built upon. 2.5 Before East Beach Road can be realigned, the Environmental Assessment Act will have to be complied with. It requires, among other things, that an Environmental Study Report be prepared and approved under the Class Rules contained in the Regulations made under the Act. Determining the northerly limit of the realigned East Beach Road in the absence of this Study would be premature and could limit the alternatives available to the Municipality to satisfy its obligations under the Act and Regulations. It would be inappropriate at this time for the Municipality to attempt to establish the location of the road in advance of such approval being given under the Environmental Assessment Act. Until the specific northerly boundary of the realigned East Beach Road is established, it would be impossible to describe the southerly limit of the new lot with precision. The precise area of the new lot is an important consideration under the Zoning By-law for making a development decision. 636 REPORT NO.: PSD-025-07 PAGE 7 2.6 Currently, the timing of the realignment of East Beach Road and the timing of the development of the Village Commercial are unknown. Also, as indicated above, the timing of development of the lands designated Village Commercial is unknown. 2.7 The Port Darlington Neighbourhood Secondary Plan was the result of extensive public input spanning over years. The Secondary Plan was adopted at the same time (1996) as the Official Plan, which also had extensive public input and review. The area designated Village Commercial is a key element of the Secondary Plan. 2.8 The Port Darlington Neighbourhood Secondary Plan limits the geographic extent of the Village Commercial area; establishes the maximum amount of gross leasable area for retail and personal services to 1,500 square metres, and requires all construction to be limited to two storeys. As shown on Map 2a) contained in Attachment 2, the conceptual layout of the Village Commercial along the realigned East Beach Road is a continuous strip of similar buildings with architectural venestrations that reflect the historical character of the area and conform to the urban design guidelines as discussed in Section 2.12. 2.9 The permitted uses in a Village Commercial area are retail and personal service uses, retail specialty shops and studio facilities, restaurants, office and related uses and residential uses incidental to the main use of the lot. In order for the Owners to have a "Bed and Breakfast" dwelling on the new lot, an Official Plan Amendment would be required. To amend the Secondary Plan on a site specific basis to permit a "Bread and Breakfast" dwelling on the new lot would not be consistent with the intent of the Village Commercial designation given its limited geographic extent of the area so designated. It is not recommended by Staff. 2.10 The designation of the Village Commercial area in the Port Darlington Neighbourhood Secondary Plan was the subject of careful consideration in the context of the surrounding uses. The Village Commercial area is adjacent to the Region's Water Treatment Plant and the Region's Pollution Control Plant. The class Environmental Assessment for the expansion of the Pollution Control Plant has been underway for the past 18 months. The area designated Village.Commercial abuts the 150 metre buffer. for the Pollution Control Plant, providing that the preferred option that is currently under consideration is approved. 2.1.1 Having a single detached dwelling with a "Bed and Breakfast' use in the middle of this strip of Village Commercial would not provide for the street character, ambience and activity that the Village Commercial area is to provide. Although as is noted above, residential uses are permitted on the second floor of a building within the Village Commercial area, this must be incidental to the main non-residential use. It would not be possible without amending the Secondary Plan and the Zoning By-law to establish a "Bed and Breakfast in a dwelling located on the second floor of a dwelling. Any amendments of either the Secondary Plan or the Zoning By-law would require the completion of the full public participation process required by the Planning Act and the Official Plan before Council could consider approving or passing them. It would be premature to do so in the context of considering this Report. 637 REPORT NO.: PSD-025-07 PAGE 8 2.12 The general policies of the Port Darlington Neighbourhood Secondary Plan call for Urban Design Guidelines to implement the policies of the Secondary Plan and act as a visual interpretation of future development proposals. While urban design guidelines have not been adopted by Council, a preliminary implementation strategy was set out in the background work to the Secondary Plan (Attachment 5). The urban design concept is not consistent with the establishment of a dwelling in which a "Bed and Breakfast Establishment" is permitted as an accessory use. 2.13 A "Bed and Breakfast Establishment" in a dwelling is not a permitted use on a new lot comprising the northerly approximately 36% of 50 East Beach Road unless the Village Commercial designation of 50 East Beach Road is amended to permit it and the minimum lot area requirement of the Zoning By-law for a property zoned Residential Shoreline (RS) which is not serviced by a sanitary sewer, is amended. Any amendment to the Zoning By-law is required to conform with the Port Darlington Neighbourhood Secondary Plan. 2.14 Staff are concerned that if the southerly approximate 64% of 50 East Beach Road only was expropriated there could be significant costs to the Municipality in addition to the cost of expropriation of that area. The additional costs could include damages that the Municipality could be required to pay the Owners for injurious affection to the remaining approximate 36% of 50 East Beach Road. Additionally, the cost per square metre of the southerly approximate 64% could increase as a result of a partial taking. 2.15 Staff recommend that the whole of 50 East Beach Road be expropriated since the acquisition of the whole of 50 East Beach Road will probably be at a more reasonable price and on terms that are more advantageous than those on which the Municipality could obtain the southerly approximate 64% of 50 East Beach Road. Any surplus lands could be sold by the Municipality subject to the right of first refusal that Expropriated Owners would have under the Expropriations Act. 3.0 SUMMARY AND CONCLUSIONS 3.1 In his Reasons for Decision, the Inquiry Officer fairly summarized the evidence and made findings of fact based on that evidence. At page 13 of his Reasons for Decision, he stated: '.Subject to my recommendation set out in Finding number 4, 1 find that the proposed expropriation is reasonably defensible and accordingly fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority. 3.2 It is recommended that Council, as the approving authority under subsection 5(1) of the Expropriations Act, having considered the Reasons for Decision of the Inquiry Officer adopt them save and except those related to Finding number 4, and his finding regarding permitted uses in a Village Commercial area, as Council's own reasons for approving the expropriation. It is recommended that Council approve the proposed expropriation of the whole of 50 East Beach Road for the reasons set out in Section 2 of 638 REPORT NO.: PSD-025-07 PAGE 9 this Report. It is also recommended that Council pass a by-law (Attachment 6) under the Expropriations Act to approve the proposed expropriation of the 50 East Beach Road for the purposes of a district park, and pass a by-law to authorize the Mayor and the Municipal Clerk execute the Certificate of Approval as required by the Act (Attachment 7). 3.3 It is recommended that Council authorize the Municipal Clerk to cause the Notice of Decision and Reasons for Decision of Council approving the proposed expropriation to be served upon all of the parties as is required by section 8(2) of the Expropriations Act. Copies of the draft Notice and Reasons for Decision are contained in Attachment 8. 3.4 It is recommended that Council pass a by-law under section 6 of the Municipal Act, 2001 to expropriate the whole of 50 East Beach Road for the purposes of a district park (Attachment 9). 3.5 It is further recommended that Council pass a by-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality to execute a plan of expropriation of the whole of 50 East Beach Road and authorize its registration in the proper land registry office pursuant to section 9(1) of the Expropriations Act (Attachment 10). 3.6 If Council approves the proposed expropriation it will be completed by the registration in the Land Registry office of the plan of the Lands which are expropriated. Under the Expropriations Act, title is transferred to the Municipality on the registration of the plan, and the owner's rights are converted by the Act from a right in the land expropriated to a right to be paid market value compensation plus compensation for any damage resulting from injurious affection and other items of damages as set out in the Act. 3.7 It should be noted that under the Expropriations Act the Municipality cannot obtain possession of the land expropriated until notices are served on the registered owner of the expropriation which require possession of the land expropriated to be given to the Municipality on a specified date. That date must be at least 3 months after the date of service of the notice of possession. Before taking possession of the land, section 25(1) of the Act requires that the expropriating authority serve upon the registered owner an offer of an amount in full compensation for the owners interest and offer immediate payment of 100% of the amount of the estimated market value of the owner's interest. This offer must be served within 3 months of the registration of the plan. Staff will report subsequently on a notice of possession respecting 50 East Beach Road. 639 REPORT NO.: PSD-025-07 PAGE 10 Attachments: Attachment 1 — Report#PSD-095-04 Attachment 2 — Maps 2a), 2b), 2c) Attachment 3 — Reasons for Decision of the Inquiry Officer dated January 2, 2007 Attachment 4 — Description of 50 East Beach Road Attachment 5 — Excerpt from the Implementation Strategy for Port Darlington Area, Feb 1992. Attachment 6 — By-law to approve expropriation under Expropriations Act and to authorize execution of Certificate of Approval of Expropriation Attachment 7 — By-law to authorize execution of Certificate of Approval of Expropriation Attachment 8 — Notice of Decision and Reasons for Decision of Council Attachment 9 — By-law to expropriate Lands for a district park under the Municipal Act, 2001 Attachment 10 — By-law to authorize execution and registration on title of expropriation plan Interested parties to be notified of Council's decision: Mr. Andy Wiggers, Port Darlington Harbour Company Port Darlington Community Association, C/O Ms. Glenda Geis Thomas Cauchon and Chigweyaru Agbaru Kevin Taylor Rose Savage Stephen Waque, Borden Ladner Gervais, LLP Les Coleman Chris Williams, Aird & Berlis Mr. Michael Melling, Davies Howe Partners 640 This page is intentionally blank. 641 Attacnment .i To Report PSD-025-01 Leading the Way REPORT PLANNING SERVICES CONFIDENTIAL Meeting: COUNCIL Date: Monday, June 28, 2004 Report#: PSD-095-04 File # RE 6.2.7 By-law #: Subject: APPLICATION FOR APPROVAL OF EXPROPRIATION OF LANDS NECESSARY FOR THE PURPOSES OF A DISTRICT PARK 50 EAST BEACH ROAD, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-095-04 be received in a"CLOSED" meeting; 2. THAT Council hereby authorizes an application to be made to the Councl of the Corporation of the Municipality of Clarington as the approving authority under subsection 4(1) of the Expropriations Act R.S.O. 1990 c.E.26 as amended, for the approval of the expropriation of the lands described as 50 East Beach Road, Bowmanville, for the purposes of a district park; 3. THAT Council hereby authorize staff to take all necessary actions to serve notice of its application for approval to expropriate upon the owner of the land to be expropriated and to publish the aforesaid notice in accordance with subsection 6(1) of the Expropriations Act; 4 THAT Council approve the by-law contained in Attachment 2; 5. THAT Council hereby authorize staff to negotiate with the owners for the purchase of 50 East Beach Road, Bowmanville or exchange of lands owned by the Municipality for 50 East Beach Road, Bowmanville; and 6. THAT a copy of Council's resolution be forwarded to the property owners and their consultant. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 642 REPORT NO.: PSD-095-04 PAGE 2 Submitted by: Reviewed b --ems- D vi . Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer FUDJCldf June 28, 1004 643 REPORT NO.: PSD-095-04 PAGE 3 1.0 BACKGROUND 1.1 The Clarington Official Plan and the Municipality s Land Acquisition Strategy identifies a District Park site in the vicinity of East Beach Road and the Lake Ontario waterfront in Bowmanville. Over the past four years the Municipality has been actively acquiring properties on the south side of East Beach Road which are considered necessary for the park's development. The priorities for acquisition are based on the Council approved Waterfront Acquisition Strategy of 2002, as amended by Council approval of report PSD-093-04. Attachment 1 identifies the lands currently owned, or subject to a binding agreement of sale to the Municipality, and the property proposed for acquisition in this report. The property is zoned "Residential Shoreline (RS)" in the former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. The RS zone permits a single detached dwelling unit. Staff met with a representative of the owners of the property at 46 East Beach Road on June 15th, 2004; , to discuss the possibility of acquiring this adjacent property, either through purchase or land exchange, before the construction of a new house. Staff were informed that the owners of 50 East Beach Road would be coming forward shortly with an application to improve their property. Council should commence expropriation proceeding to acquire the property in question in the public interest. 2.0 EXPROPRIATION PROCEDURES 2.1 Council is the approving authority in the case of acquisition of the land by expropriation for a municipal purpose such as a district park. Section 6 of the Expropriations Act permits any owner of land who has been given notice of intention to expropriate to notify the Municipality that a hearing is required. If the owner submits a request for a hearing an officer will be appointed by the Attorney General to hold the hearing to determine whether the proposed expropriation is fair, sound and reasonably necessary in the achievement of.the objectives of the expropriating authority ("Hearing of Necessity"). 2.2 If following consideration of the inquiry officer's report, the expropriation is approved by Council as the approving authority, and the expropriation takes place, the owner's rights will be converted from ownership of an interest in the lands in question to a right to be paid fair market value compensation for their interests. If compensation cannot be agreed to it will be determined through mediation or, if necessary, by arbitration by the Ontario Municipal Board. 644 REPORT NO.: PSD-095-04 PAGE 4 3.0 CONCLUSION 3.1 Staff are recommending that the expropriation process to acquire 50 East Beach Road begin as time is of the essence. The Municipality's Zoning By-law 84-63 permits the construction of a single detached dwelling unit. Staff understand that the owners will be applying for a permit for a building addition in the near future, which is permitted under the current RS zone. 3.2 Staff can still negotiate with the property owners and can continue through the expropriation process. If a fair market value of the land in question can be agreed to, the expropriation process can be hafted and the land acquired by the Municipality by private purchase. 3.3 Staff recommend that Council pass the By-law contained in Attachment 2 to authorize an application to be made to the Municipality as the approving authority for approval of the expropriation of 50 East Beach Road, Bowmanville, for the purposes of a district park. Attachments: Attachment 1 - Key map Attachment 2 -Application to expropriate by-law Interested parties to be advised of Council's decision: Thomas Cauchon 50 East Beach Road Bowmanville, Ontario L1C 3K3 645 ATTACHMENT 1 1E . Sewer. Treatment Facility 0 0 Water Treatment Facility z 0 ca z J Q N d' O d EASTA BEACH ROAD Lake Ontario Roll Number: 020-130-09400 Address: 50 East Beach Road, Bowmanville Site Area: 0.36ha (0.89ac) Intended Use: District Park v Proposed Parcel to be Acquired Lands Owned by the Municipality EE Lands Subject to Closing RE 6.2.7 646 ATTACHMENT CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- being a by-law to authorize an application to be made to Council as the approving authority under the Expropriations Act, R.S.O. 1990, c.E.26 for the approval of the expropriation of all interests in the lands described as 50 East Beach Road, Bowmanville,for the purposes of a district park WHEREAS at its meeting on June 28,2004, Council approved Report PSD-095-04 which recommended enactment of this By-law: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. That Council hereby authorizes an application to be made to the Council of the Corporation of the Municipality of Clarington as the approving authority under subsection 4(1) of the Expropriations Act R.S.O. 1990 c.E.26, as amended, for the approval of the expropriation of all interests in the lands described as 50 East Beach Road, Bowmanville,for the purposes of a district park. 2. That Council hereby authorize staff to take all necessary actions to serve notice of its application for approval to expropriate upon the owners of the land to be expropriated and to publish the aforesaid notice in accordance with subsection 6(1)of the Expropriations Act. BY-LAW read a first time this 28"' day of June 2004 BY-LAW read a second time this 28" day of June 2004 BY-LAW read a third time and finally passed this 28" day of June 2004 John Mutton,Mayor Patti L. Barrie, Municipal Clerk 647 - t 7f a ». u H } �b N rc. ry�v�vz $LLP oo t'Re R � y M� tl v 7f a ». u H } �b N rc. ry�v�vz $LLP oo t'Re R � y M� O PLAN OF SURVEY OF LOTS 2 AND 3 , PARTS OF LOTS 4, 5 AND 6 AND PART of THE UNOPENED LANE BETWEEN BLOCK B , SMART ESTATE PLAN (PART OF LOT S. BROKEN FRONT CONCESSION,TOWN OF BOWMANVILLE, (TOWNSHIP OF DARLINGTONH NOW DESIGNATED AS PLAN H - 50073 , MUNICIPALITY OF CLARINGTON , REGIONAL MUNICIPALITY OF DURHAM MALI. 1 INCH • SO ACT BRYAN T. DAVIES &L.e. 1996 W� J PL A /1// —� LANE (Nor 9' I LOT _�' SL C sa 1 �f /HNSS T. //1009--- � W 'xw —AN Q •w•1»» � n..Y.luin LOTS 3 AND 5, SCHEDULE CAUTION The K"IS NOT A PLAN ar euealnlpN wwNlN TN[ NeANINO ar We PLANNING ACT. IMPERIAL OSUMCCS SHOWN ON MIS PLAN AMC IN TEST AND CAN ae CORWAT[O roNCTN[S er NOLTInvryO er 0.30411 PART DESCRIPTION I INST.Nf AREA Lor /•o`; /a L .F9T/J KS Ynnf ' L::i u,wwni'0r, fax . a l P A­RT 3 �LO, 5 - �� LOT /2 T� .n•n q•L y Y:r^IN /NJr. 397/5 --_ — OPEN/I PART 2 LANE l- f �• � LANE 'e �4 0 �C•l•_ PAR I A ..r.�Y. 9 L�T = � LOT / LaK /f v LOT 2 K1 I 'Ii DF ewer - Ay i; ND AAWC- I,� f� tyMtNNDwI /ESTABGJBXEB AS F/N8T STREET BY PGAN X•555735 j; ewwGe fpaw -Olt$ AND Lt.." »u=Y!aTwpYN x oxfx xY. >...Was uprwun AM o.en qA•!WT» nNAn,nY».YA.YY.w M» »»xo.ww' •-! rnY WWII .T a:m " W w v..wp,Anw .T . WHO, n Wt ANS fum"'A•s C[ATIPICAT[ I M.11"THAT, • •N wYa.»f Aw xW m,ww IY,npW,Yl w.A ON fYAYI.f 4wf.WNWA MM- MA M HMAAa! t ..",w bYA 11.OY M N n qT w NRCMfII I[H. "J— ' LFAST _.r..'•:•' [,l[Ci'11.//7/ /I OAV An Q Z_,,• — — — — tint / tier r HORTON,WALLACE E DAVIES LTD. Q 81 OCK A PLAN/DN I- 2017 IN NNA mwT ONTAIIp LARD ewlv[nL:w-.1-»p L »w _21M. SPI 40R-17188 m6l O W co O 3 N Tr b ENi V� LOT i L Lor /•o`; /a L .F9T/J / LOT S / ' a P A­RT 3 �LO, 5 - �� LOT /2 T� .n•n q•L y Y:r^IN /NJr. 397/5 --_ — OPEN/I PART 2 LANE l- f �• � LANE 'e �4 0 �C•l•_ PAR I A ..r.�Y. 9 L�T = � LOT / LaK /f v LOT 2 K1 I 'Ii DF ewer - Ay i; ND AAWC- I,� f� tyMtNNDwI /ESTABGJBXEB AS F/N8T STREET BY PGAN X•555735 j; ewwGe fpaw -Olt$ AND Lt.." »u=Y!aTwpYN x oxfx xY. >...Was uprwun AM o.en qA•!WT» nNAn,nY».YA.YY.w M» »»xo.ww' •-! rnY WWII .T a:m " W w v..wp,Anw .T . WHO, n Wt ANS fum"'A•s C[ATIPICAT[ I M.11"THAT, • •N wYa.»f Aw xW m,ww IY,npW,Yl w.A ON fYAYI.f 4wf.WNWA MM- MA M HMAAa! t ..",w bYA 11.OY M N n qT w NRCMfII I[H. "J— ' LFAST _.r..'•:•' [,l[Ci'11.//7/ /I OAV An Q Z_,,• — — — — tint / tier r HORTON,WALLACE E DAVIES LTD. Q 81 OCK A PLAN/DN I- 2017 IN NNA mwT ONTAIIp LARD ewlv[nL:w-.1-»p L »w _21M. SPI 40R-17188 m6l O W co O 3 N Tr b ENi V� nuacnmen To Report PSD-025- HAROLD S. GOLD KIND, Q.C. Barrister and Solicitor Phone Office. 416-291-5587 Fax: 416-291-3674 28 Ell iotwood Court Toronto, Ontario M2L 2P9 January 2, 2007 Dennis C. Hefferon Barrister and Solicitor Royal Bank Plaza, South Tower 200 Bay Street, Suite 2600 P.O. Box 185, Toronto, Ontario M5J 2J4 Phone: (416) 864-7385 Fax: (416) 864-7404 Attention: Mr. Dennis C. Hefferon Barrister and Solicitor Dear Sir: Re: Proposed Expropriation by the Municipality of Clarington of 50 East Beach Road. Owners: Chigweyaru Agbaru and Thomas Cauchon i enclose my report in this matter, Yours very truly, Harold S. Goldkind 651 IN THE MATTER OF THE EXPROPRIATION ACT R.S.O. 1990 C.E.26 S.6 AND IN THE MATTER OF an application by The Corporation of The Municipality of Clarington for approval to expropriate the land comprising all of 50 East Beach Road, in The Municipality of Clarington, in The Regional Municipality of Durham for the purposes of a District Park. REPORT of INQUIRY OFFICER INQUIRY OFFICER HAROLD S. GOLDKIND DATE OF INQUIRY DECEMBER 12, 2006 LOCATION of INQUIRY _ MUNICIPALITY of CLARINGTON 652 PARTIES and COUNSEI I) The Applicant, Mr. Dennis C. Hefferon, Barrister and Solicitor, for The Corporation of the Municipality ofClarington 2) The Respondents, Ms. Chigweyaru Agbaru and Mr. Thomas Cauchon Appeared and represented themselves. INTRODUCTION The subject matter of this inquiry is an application by The Corporation of The Municipality of Clarington for approval to expropriate 50 East Beach Road, located in this Municipality, for the purpose of establishing a District Park. 2 653 EVIDENCE The Applicant's evidence was presented through the testimony of Ms. Faye Langmaid�a Registered Professional Planner and Landscape Architect who is employed by the Applicant as Manager of Special Projects. Her duties involve the planning of parks and the acquisition of land for municipal purposes. The following is a summary of her evidence. The subject property, 50 East Beach Road, is a short distance to the east of Bowmanville Creek, near its mouth.on Lake Ontario. The Respondents reside at the property which they purchased in 2001, The property has an area of.89 acres with a frontage of about 144 feet and a depth of about 268 feet and is located on the north side of East Beach Road. There is a wood frame house located near the front of the property and a detached garage. The Corporation of the Municipality of Clarington is a large geographic area resulting from the amalgamation of former municipalities, townships and urban areas. The present population is about 83,200 people, with an annual growth of about 2000 persons. The subject property is located in the former Municipality of Bowmanville which is experiencing significant residential growth. In order for the Applicant to provide parkland for its residents, the Applicant plans to establish a District Park along the shoreline of Lake Ontario on both the east and west sides of the Bowmanville Creek. This Inquiry deals only with the proposed part of the District Park on the east side of the Creek, The Applicant has been acquiring lands over several years on the east side of this Creek and has now acquired all of the lands required for the first phase of the District Park, except for 50 East Beach Road. The Applicant has also removed all buildings from its first phase future park lands except for 66 East Beach Road where there is a demolition permit issued for removal of this building. The east section of the District Park will be developed in two phases, The first phase is composed of parkland adjacent to the shoreline of Lake Ontario between the east limit of the Bowmanville Creek and existing shoreline residences now located on the south side of East Beach Road. A Conceptual Master Plan has been developed for the east beach section of the proposed District Park, This plan is titled, Conceptual Master Plan for the East .Beach 3 654 Portion of the Port Darlington Waterfront Park. It was presented to the Darlington Municipal Council, along with a supporting report and received approval from the Council. The Conceptual Master Plan is to be followed by a more detailed master plan in the future. The Conceptual Master Plan shows the realignment of the part of East Beach Road, 55 meters to the north of its present location. The road realignment will take place along that part of East Beach Road immediately to the west of the existing houses on the south side of East Beach Road. The proposed realignment road will cut through 50 East Beach Road near the centre of the property. The realignment of the road is proposed in order to increase the depth of that part of the park which is adjacent to Lake Ontario since a substantial part of this shoreline has eroded. The parkland will be located to the south of and adjacent to the south limit of the realigned East Beach Road and will feature adult and junior recreational areas, a winter skating area and a picnic area. The final features of the park will be shown on a future master plan. The Applicant plans to designate a strip of land on the north side of the realigned East Beach Road for Village Commercial use, consisting of restaurants, retail stores and artisan shops with related second storey residential use. The commercial use is to take place after the park is established. At present; there is no municipal policy as to whether the Village Commercial use land will be owned by the Municipality or by private ownership. The Conceptual Master Plan of the park, which includes both the parkland and the Village Commercial land, includes the whole of the Respondents' property. Although there was no plan filed which shows the relationship of the Respondents' residence to the realigned East Beach Road, it appears that the Respondents' residential building will be located within the parkland use area to the south of East Beach Road. The area of the East Beach section of the proposed Port Darlington Waterfront Park is not large but it will be connected to the proposed much larger West Beach section of the park on the west side of Bowmanville Creek. This park will also be linked to adjacent parkland to the east and west of Bowmanville Creek along the shoreline of Lake Ontario. Because of the large area of parkland connected together, the proposed Port Darlington Waterfront Park is designated as a District Park within the Municipality's Port Dart'n n 4 655 Neigbbourhood Secondary Plan of June 20.06 This Secondary Plan is part of the Municipality's Official Plan. Ms. Langmaid referred to the following planning documents leading up to the establishment of this proposed District Park: 1) The 1991 Royal Commission Report on the future of the City of Toronto waterfront, (commonly referred to as the"Crombie Report" ) dealt with the need to preserve and reclaim Lake Ontario waterfront property along the greater Toronto waterfront. The Crombie Report encouraged the development of a waterfront plan by the Municipality in the area now comprising the Municipality of Clarington before the authorization of further development along the shoreline of Lake Ontario, 2) As part of the Municipality ofClarington's preparation to review its existing Official Plan, the Municipality retained a consultant to undertake a study of the municipal waterfront and the implementation of a land use strategy with respect to its waterfront. This study was done by Bird and Hale Limited and published in 1993. The study report is titled, Clarington Official Plan Review Land Use Strate". Municipality ofClarin¢ton Waterfront Study, This report shows a recommended Greenwav Network stretching along the Clarington waterfront and designates the area around the east side of the mouth of the Bowmanville Creek for Urban Park use. This report also recommends land acquisition and building removal along with a park master plan. This waterfront study was adopted by the Municipality in 1993. 3) The Official Plan 2f—the Regional Municipality of Durham of 1993, designates the area around the mouth of the Bowmanville Creek for use as Waterfront Place and the area along the shoreline as Waterfront Both of these designations are under the general heading of—MW—Or O en 5 ace S stem The Official Plan states that the uses within these areas should focus on the need to protect wildlife habitat with the potential for other uses established by the municipality. 5 656 4) The Municipality ofClarington Official Plan of 2003 on its land use M_ ap Al. shows the south part of the subject property located within the land use area designated as Waterfront Greenwav, The Official Plan directs that the Municipality shall protect and regenerate natural attributes of the Waterfron Greenwav and permit active and passive recreational uses in this area, This Plan and Man A_3 also show the areas on the east and west sides of the mouth of the Bowmanville Creek as a District Park. The south part of the subject property lies within the area designated as District Park and Waterfront Green, and the north part of the subject property is designated as Urban Residential, on Mho A 3. The Official Plan life span ends in 2015, with a projected population of 65,000 People. However, development has accelerated and the present population is now around 83,000 people. Based on the current and planned rate of growth, there is now a projected population of 135,000 people in 2020. The witness submitted that the Municipality is trying to provide a waterfront park system for its residents which is open, clean, accessible, affordable and in keeping with the Official Plan objectives for its Open Space System. system stretches along the shoreline of Lake Ontario and also along the major creeks which flow into the lake. The Official Plan, under its Parks objectives directs the Municipality to provide, "parkland at a combined rate of 1.8 hectares per 1000 persons". Ms. Langmaid said that the Municipality is required by its Official plan to take steps to expand its parklands, to preserve and regenerate its shoreline and to establish a District Park at the mouth of the Bowmanville Creek. 5) Port Darlinglon Neighbourhood Secondary Plan is part of the municipality's Official Plan. This Plan shows in more detail the land uses in this neighbourhood . as set out on Map-A Land Use to the Secondary Plan, On Map-A, the areas designated as Waterfront. Greenway. Green Space and Environmental Protection comprise about 360 acres. On Map-A, Fast Beach 6 657 rrxrtrKUN LAW rrwt n7i1� Road is shown as realigned to the north and the land between the road and the lake is designated as Waterfront Greenway. A section of land adjacent to the north of East Beach Road is designated for Village Commercial use which includes retail, personal service and restaurant use and related residential use. New buildings in the Village Commercial area shall not exceed two stories. 6) The 2004 Conceptual Master Plan for P rt Darlinuton Waterfront Park and the 2005 revision of this plan set out in some detail a concept design of the District Park and possible features within the Park. The Municipality's Council has adopted these Plans. These Master Plans show East Beach Road realigned about 55 meters to the north of the existing East Beach Road. The Master Plans show land adjacent to the north limit of East Beach Road as Village Commercial use and the land adjacent to the south limit of the road as District Park use. Accordingly, that part of the Respondents' land to the north of the road is shown as developed with Village C,ommercial use and the part to the south of the road is shown as developed with District Park uses. The Conceptual Master plan will be followed by a Master Plan showing the design and features of the Park in greater detail, Generally_the uses designated on these planning documents restrict land use along the shoreline of Lake Ontario to parkland and greenspace and promote preservation and regeneration of the natural features of the shoreline area. 7 658 -- "'" --- THE EVIDENCE of THE RESPONDENTS Thi s evidence was given orally by both Respondents, The Respondents do not question the merit of the Applicant's efforts to establish a District Park around the mouth of the Bowmanville Creek. However, the Respondents submit that they should be given the opportunity to retain their property, The Respondents want to continue to own and occupy their property with the park developed around their property, not with standing . that their residence would be located within the proposed District Park. The Respondents also propose to convert all or part of their property into a" Bed and Breakfast" once a commercial use is permitted along the north side of East Beach Road. The Respondents submitted that they originally purchased this property,with the idea of converting into a "Bed and Breakt?3se' in the future. The Respondents submit that they will consent to any required easements over their property or any inconvenience that they may experience as a result of the Park if they are permitted to retain their property. 8 659 APPLICANT'S RESPONSE EVIDENCE In response to the Respondents' position, Ms. Langmaid said that the intrusion of, private property into the park is not acceptable_ The proposed intrusion presents policing problems since it creates a visual barrier from the road over the park and may shelter illegal conduct in the Park. It also interferes with park operations such as maintenance and park features. Ms. Langmaid does not know whether the existing residence may be lawfully maintained once East Beach Road is shifted 55 meters to the north. She said that a new residence would not be permitted on the parcel of land to the south of the realigned road since the minimum lot requirement for a new residence on a septic sanitary sewage system is I acre and the respondents' remaining land would be under I acre in area. Ms, Langmaid acknowledged that Village Commercial use will permit a "Bed and Breakfast" use and does not specify public or private ownership of the Village Commerce designated land. 9 660 OBJECTIVE 1 find that the objective of the Applicant is the expropriation of the Respondents' land, being 50 East Beach Road in the Municipality of Clarinston, for the purpose of District Park, the construction of a realigned East Beach Road and the ownership of lands adjacent to the north limit of the realigned East Beach Road for future Village Commercial use. 10 661 FIN_ DINGS l) The Applicant proposes to construct a District Park at the mouth of the Bowmanville Creek, on both the east and west sides of the Bowmanville Creek along the shoreline of Lake Ontario. This expropriation deals with the East Beach part of the Park, located on the east side of the Bowmanville Creek. The Respondents' property is adjacent to the north limit of East Beach Road and is known as 50 East Beach Road. The Respondents' property is located within the limits of the District Park as outlined on The East Beach Port Darlineton Waterfront Master Plan and it§ Revision 2) As part of the Applicant's development plan for the park, the Applicant must realign East Beach Road, 55 meters to the north of its present location as shown on the original and revised East Beach Port Darling Waterfront Park Conte to Mash P_laa- . This realignment will result in a park with more depth between this road and Lake Ontario and compensate for the large amount of shoreline lost through erosion. This will result in a larger and better park. 3) The south part of the Respondents' land is required for the construction and realignment of East Beach Road and the District Park adjacent to the south limit of the realigned road. This road realignment and District Park are shown on the East Beach Port Darl. in¢t n Wate o t Park oncepfual Masser Plan and its Rrevision. a) That part of the Respondents' land adjacent to the north limit of the realigned East Beach Road is not required for the purpose of the District Park. If the Municipality acquires this land, it will be surplus land designated for Village . Commercial uses at some future date after the park is established. There is no requirement for public ownership of this part of the Respondents' property for the Purpose of development of the park, ;However, if the Respondents are left with i 11 � 662 MtFr- K LAW rH 141 17 ownership of this parcel of land to the north of the realigned East Beach Road, it may not be economically or practically beneficial to them. The Respondents propose that their land not be incorporated into the District Park and that they retain part of their land for residential use and future Village Commercial use such as a"Bed and Breakfast". I recommend that the Applicant consider whether the Respondents be given a choice of retaining the parcel of land on the north side of the realigned East Beach Road. 5) The Applicant's establishment of a District Park is being carried out pursuant to its obligation under the Municipality's Official Plan and its Secondary Plan for Port Darlington Neighbourhood. 6) The Applicant requires that part of the Respondents' property, lying to the south of the realigned East Beach Road, for the purpose of a District Park. If the Respondents are allowed to retain that part of their property, lying to the south of the realigned East Beach Road, this will result in a significant intrusion into and loss of parkland. Such an intrusion will interfere with the safe and efficient operation of the park. The proposed intrusion will interfere with policing of the park since visibility of and in the park will be impeded. In addition, the intrusion will reduce the space available for park features and reduce mobility in the park. The intrusion will make maintenance more difficult and generally interfere with park operations. The Applicant must acquire all of the Respondents' land adjacent to the south limit of the realigned East Beach Road for the purpose of establishing a District Park, 7) The Applicant requires part of the Respondents' land for the purpose of the realignment of East Beach Road to the north of its present alignment, as shown on the East Beach Port DarlinQrgn Waterfront Conce teal Masser Plan and its Revision 12 663 CONCLUSION Subject to my recommendation set out in.Finding number 4, I find that the proposed expropriation is reasonably defensible and accordingly is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority. I recommend that the Applicant pay costs to the Respondents in the amount of$200.00 in total. DATED: 2nd of January, 2007. 4Harold—S. i l�r-L�dkud 13 664 Attachment To Report PSD-025-1 SCHEDULE `A' Parcel Identification No. 26646-0020 Lot 2 Block B, Plan H50073 Newcastle; Lot 3 Block B, Plan H50073 Newcastle; Part Lot 4 Block B, Plan H50073 Newcastle; Part Lot 5 Block B, Plan H50073 Newcastle; Part Lot 6 Block B, Plan H50073 Newcastle; Part Unopened Lane Block B, Plan H50073 Newcastle now shown as Parts 1, 2 and 3 on Plan 1OR-17188 registered in the Land Registry Office for the Land Titles Division of Durham(No.40). 665 Attachment To Report PSD-025-( 38 4.0 PORT DARLINGTON VILLAGE CORE 4.1 Introduction A village core provides a focus for a neighbourhood and community. It provides a meeting place and provides services and shopping to serve the immediate and possibly extended needs of the local residents. In many instances, the core area sets the theme and identity for the community. The Port Darlington Village Core is no exception. The development of the Village Core must reflect the historical "waterfront hamlet" theme of the area. The character of the area must reflect the nodal and service function of this area. Neo-traditional styling should be adopted to intensify the area and give it the character to anchor the area In this sense, the Village Core could be a catalyst to the development of the entire community. Buildings should combine with streetscape design to create the desired atmosphere. They should also aim to create an environment that will make the business viable year round 4.2 Objectives The streetscape must be designed to complement the building form of the Village Core while maintaining the nautical, old town theme of the area. Buildings should be attractive and inviting while being designed to meet the needs of a variety of users. Building themes should reinforce the theme of the area A high level of coordination and architectural control should be maintained to reinforce the atmosphere while allowing for diversity of style and function. 666 39 The interaction between buildings, streetscape and vehicular access and parking must be carefully designed to ensure intimacy without creating clutter and chaos. Street systems must be designed to provide effective access suitable for the site uses and the visitors' expectation, however the streets should recognize the pedestrian orientation of the area Wherever possible, the development should take advantage of the waterfront setting and views. 43 Guidelines Specific guidelines have been established with respect to: • Building Intensification • Streetscape in commercial core area • Parking behind commercial development 667 PORT DARLINGTON VILLAGE CORE URBAN DESIGN GUIDELINES Building Intensification Obiective: to provide infill development in context of style and density of core area Guidelines: • infill development to be based on assembly of lands where possible • maximum of 2 storey construction on south side of east-west collector, three storey elsewheres • infill development to be commercial/retail or hospitality in nature • infill construction to be similar or complementary to existing buildings • maximum length of structure to be in accordance with Ontario Building Code but should be less than t 70m • walkways and vistas to be provided through adjacent buildings t 4crFSS lcoi n`E. I ixa.,uT 4Lt�QCEMT bHl�d ll�pS t)Isw a�lr Pedc�r'�ah 1 srcess io lake. Add tseco� sores 2- 19 668 PORT DARLINGTON VILLAGE CORE URBAN DESIGN GUIDELINES Suvetsmpe in Village Commertssl Area Obiective.- to create a unique, heritage-character village streetscape for specialty retail, office and residential uses. Guidelines- Architecture • encourage renovation and infill.of existing cottages and homes on the south side of street • encourage development of 2 • 3 story buildings on north side of street which are in keeping with the architectural character of the existing buildings • new buildings shall be within 2 metres of the street road allowance, to create human•scale street profile • new buildings shall have retail uses on ground floor, with residential and office uses above • encourage decks and terraces on buildings to allow lake views Open Space/Streetscape • allow on-street parldng on south side of street only. Parldng for new buildings shall be behind the buildings • develop a side sidewalk(5 metres) on north side of street • encourage outdoor cafes and other outdoor street life • require appropriate street trees on both sides of street, planted 7 metres on centre • encourage landscaped seating areas where appropriate highlighted by special paving. planters, floral displays, etc. • all selected species of plant material should be proven hardy under similar waterfront conditions • require pedestrian scale street lighting and f nuiture that evokes an industrial port heritage theme • light standards should have the adaptability for banner arms, flower baskets, etc. • require special paving on streets, sidewalks, and crosswalks . encourage high quality signage •- encourage building design that provides weather protection for pedestrians through overhangs,canopies and awn1°gs tetrad to 4M IaKC, views Herif-ag>J-#hc� s-h-t°et f umrfura -higqh la/el str�t�i�A�tii� -er�cour aufidwr adm ..__.. Ro dad I Part , I _ t New co>�ma^etal/reSid�itial �ply dLVel�rvi�' (Z-3 51'or1Pl') '`'PP-� �Y mad ground cVr local rand— Z Ia�eS +fG, rrtiidev(fial /o it�i UWW °' PAH�M CFO elik 2-20 669 PORT DARLINGTON VILLAGE CORE URBAN DESIGN GUIDELINES Parking Obiective: to provide attractive, functional parking areas to meet the needs of core area users with the extablished on text of the area Guidelines: • surface parking areas shall be subdivided into parking courts by landscape zones, minimum 2m wide, containing seats, walkways and planting areas • each parking court shall be no more than 30-50 cars in size • special paving and pedestrian scale lighting should be used to identify all pedestrian zones • develop a dense, naturalistic buffer planting area, between the parking area and the water supply and treatment plant, minimum 7m wide 2-3 51Ovy builAir+�h I�Eg�GFbl�fQl al uppr - email%,PedaHy C�w�cial. ovi 9raund f 1am'... • O pC:.,er _ (� Od o Q. ca V Vegelat�on 4reevt ��ar �v� arm b�ilvei rmvirvla�+al to oral Watt!' thal bui01i e2 `T + I 2-21 670 Attachment 6 To Report PSD-025-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to authorize an expropriation plan to approve the expropriation of Lots 2 and 3, Part of Lots 4, 5 and 6 and Part of the Unopened Lane between Lots 3 and 5, Block'B', Plan H-50073, shown as Parts 1,2 and 3 on Plan 40R- 17188, Municipality of Clarington, Regional Municipality of Durham by the Council of the Municipality of Clarington as the approving authority under the Expropriations Acts, and to authorize the Mayor and Municipal Clerk to execute a Certificate of Approval under the aforesaid Act WHEREAS at its meeting on February 26, 2007, the Council of the Corporation of the Municipality of Clarington considered and adopted the Reasons for Decision of the Inquiry Officer under the Expropriations Act dated January 2, 2007 with a modification as Council's Reasons for its Decision to approve the expropriation of the lands more particularly described in Schedule 'A' hereto for the purposes of a district park; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Council of the Corporation of the Municipality of Clarington as Approving Authority under the Expropriations Act, R.S.O., 1990, c.E.26, as amended, hereby approves the expropriation by the Corporation of the Municipality of Clarington of the lands more particularly described in Schedule'A' attached hereto and forming part of this By-law. 2. THAT the Mayor and Clerk are hereby authorized, on behalf of the Council of the Corporation of the Municipality of Clarington,to execute a Certificate of Approval of the expropriation by the Corporation of the Municipality of Clarington of the lands referred to in paragraph 1. 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 26th day of February 2007 BY-LAW read a second time this 2e day of February 2007 BY-LAW read a third time and finally passed this 26th day of February 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 671 SCHEDULE `A' Parcel Identification No.26646-0020 Lot 2 Block B, Plan H50073 Newcastle; Lot 3 Block B. Plan H50073 Newcastle; Part Lot 4 Block B, Plan H50073 Newcastle; Part Lot 5 Block B, Plan H50073 Newcastle; Part Lot 6 Block B, Plan H50073 Newcastle; Part Unopened Lane Block B, Plan H50073 Newcastle now shown as Parts 1, 2 and 3 on Plan 10R-17188 registered in the Land Registry Office for the Land Titles Division of Durham (No.40). 672 Attachment To Report PSD-025-0'. CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to authorize the Mayor and Municipal Clerk to execute the Certificate of Approval attached as Schedule'B'to this By-law WHEREAS at its meeting on February 26, 2007, the Council of the Corporation of the Municipality of Clarington approved the expropriation by the Municipality of Clarington of Parts 1, 2 and 3 on Plan 40R-17188, the Municipality of Clarington, Regional Municipality of Durham more particularly described in Schedule'A' hereto; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington ' enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized, on behalf of the Council of the Corporation of the Municipality of Clarington,to execute a Certificate of Approval contained in Schedule'B' attached hereto and forming part of this By-law. BY-LAW read a first time this 26th day of February 2007 BY-LAW read a second time this 26th day of February 2007 BY-LAW read a third time and finally passed this 26" day of February 2007 Jim Abernethy, Mayor. Patti L. Barrie, Municipal Clerk 673 SCHEDULE W Parcel Identification No.26646-0020 Lot 2 Block B, Plan H50073 Newcastle; Lot 3 Block B, Plan H50073 Newcastle; Part Lot 4 Block B, Plan H50073 Newcastle; Part Lot 5 Block B, Plan H50073 Newcastle; Part Lot 6 Block B, Plan H50073 Newcastle; Part Unopened Lane Block B, Plan H50073 Newcastle now shown as Parts 1, 2 and 3 on Plan 10R-17188 registered in the Land Registry Office for the Land Titles Division of Durham (No. 40). 674 SCHEDULE 'B' CERTIFICATE OF APPROVAL IN THE MATTER OF an application by the Corporation of the Municipality of Clarington for approval to expropriate, being a By-law to approve the expropriation of Part Lots 2 and 3, Part of Lots 4, 5 and 6 and Part of the Unopened Lane between Lots 3 and 5, Block 'B', shown as Parts 1, 2 and 3 on Plan 40R-17188 Municipality of Clarington, Regional Municipality of Durham by the Council of the Municipality of Clarington as the Approving Authority under the Expropriations Act, and to authorize the Mayor and Municipal Clerk to execute a Certificate of Approval under the aforesaid Act. The Council of the Corporation of the Municipality of Clarington hereby certifies that approval was given to the Corporation of the Municipality of Clarington on the 26'" day of February, 2007 to expropriate, for the purposes of a district park, the lands more particularly described in Schedule 'A' attached hereto and forming part of this Certificate of Approval, the registered owner of which is shown in the records of the Land Registry Office for the Land Titles Division of Durham (No. 40) to be Chigweyaru Agbaru and Thomas Cauchon being the land described in the application (with modifications) DATED at Bowmanville, Ontario this 26" day of February 2007. The Council of the Corporation of the Municipality of Clarington Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 675 Attacnment i To Report PSD-025-0' NOTICE OF DECISION AND REASONS FOR DECISION BY THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON IN THE MATTER OF the Expropriations Act, R.S.O. 1990, C.E.26, as amended; AND IN THE MATTER OF AN APPLICATION BY THE CORPORATION OF THE MUNICIPALTY OF CLARINGTON for approval to expropriate 50 East Beach Road former Town of Bowmanville, now 'in the Municipality of Clarington, Regional Municipality of Durham; TAKE NOTICE THAT at its meeting on February 26, 2007, the Council of The Corporation of the Municipality of Clarington which is the approving authority under the Expropriations Act, considered the Reasons for Decision of the Inquiry Officer under the Expropriations Act which were delivered to the Municipality on January 5, 2007, respecting the proposed expropriation by The Corporation of the Municipality of Clarington of the lands more particularly described in Schedule A hereto for the purposes of a district park. In its consideration of the Inquiry Officer's Reasons for Decision, Council noted that the Inquiry Officer had conducted an inquiry as to whether the taking of 50 East Beach Road is fair, sound and reasonably necessary in the achievement of the Municipality's objectives in accordance with the Expropriations Act. In his Reasons for Decision, Council considered that the Inquiry Officer had summarized the evidence that was presented by the parties and with one exception relating to his Finding number 4, had correctly made findings of fact based on the evidence. The exception is that the Inquiry Officer found that a dwelling used as a "Bed and Breakfast" is permitted in the Village Commercial area designated by the Port Darlington Neighbourhood Secondary Plan. The Secondary Plan does not permit such a use in a Village Commercial area. The Inquiry Officer found that subject to his Finding number 4, the proposed expropriation for which approval was sought is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority, The Corporation of the Municipality of Clarington. Council considers that except with respect to his finding that a "Bed and Breakfast" is permitted in a Village Commercial district designated by the Port Darlington Neighbourhood Secondary Plan, the Inquiry Officer's Reasons for Decision are consistent with and supported by the evidence adduced at the hearing. With the exception of this finding and subject to Council's refusal to allow the Owners the choice of retaining part of 50 East Beach Road for the reasons set out below, the Inquiry Officer's reasons are adopted as the reasons of The Corporation of the Municipality of Clarington for approving the expropriation of the whole of the aforesaid lands. Although the Inquiry Officer found that the northerly approximate 36% of the property is not required for the purposes of a district park and the realigned East Beach Road and could be left in the ownership of the Owners, after considering his findings, Council decided to include all of 50 East Beach Road as the lands, the expropriation of which Council has approved. The reasons for Council's decision to approve the expropriation of the whole of 50 East Beach Road, rather than allow the Owners the choice of retaining the approximately 34% of it which will be located northerly of the realigned East Beach Road are set out in Section 2 of Report #PSD-025-07 a copy of which is contained in Schedule B hereto and is incorporated in these Reasons for Decision of Council. Accordingly, the Council of The Corporation of the Municipality of Clarington as the approving authority under the Expropriations Act, has decided to approve the expropriation by The Corporation of the Municipality of Clarington, as the expropriating authority, of the whole of 50 East Beach Road, being the lands described in Schedule A hereto. 676 A copy of the Certificate of Approval of the expropriation by the Council of The Corporation of the Municipality of Clarington authorized by By-law No. 2007- passed on February 26, 2007, is enclosed herewith for your information. DATED at Bowmanville, Ontario this 26'" day of February 2007 The Council of The Corporation of the Municipality of Clarington, Approving Authority under the Expropriations Act. Jim Abernethy, Mayor - Patti L. Barrie, Municipal Clerk 677 SCHEDULE `A' Parcel Identification No. 26646-0020 Lot 2 Block B, Plan H50073 Newcastle; Lot 3 Block B, Plan H50073 Newcastle; Part Lot 4 Block B, Plan H50073 Newcastle; Part Lot 5 Block B, Plan H50073 Newcastle; Part Lot 6 Block B, Plan H50073 Newcastle;Part Unopened Lane Block B, Plan H50073 Newcastle now shown as Parts 1, 2 and 3 on Plan 10R-17188 registered in the Land Registry Office for the Land Titles Division of Durham (No.40). I 678 Schedule 'B' to Attachment E To Report PSD-025-0i REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 19, 2007 Report#: PSD-025-07 File #: RE 6.2.7 By-law#: Subject: REASONS FOR DECISION OF THE INQUIRY OFFICER UNDER THE EXPROPRIATIONS ACT RESPECTING THE PROPOSED EXPROPRIATION OF 50 EAST BEACH ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-025-07 be received and APPROVED; 2. THAT Council as the approving authority under section 5(1) of the Expropriations Act having considered the Inquiry Officer's Reasons for Decision and recommendations including his Finding number 4, dated January 2, 2007, determine that the Owners of 50 East Beach Road should not be given the choice of retaining the portion that will be situated on the north side of the to be realigned East Beach Road comprising the northerly approximate 36% of the area of 50 East Beach Road for the reasons set out in Section 2 of this Report; 3. THAT Council pass a by-law to approve the proposed expropriation of the "Lands" comprising the whole of 50 East Beach Road which are more particularly described in Attachment 3, for the purposes of a district park; 4. THAT Council pass a by-law to authorize the Mayor and the Municipal Clerk to execute a Certificate of Approval on behalf of Council as the approval authority as is required by section 8(3) pf the Expropriations Act (Attachment 7); 5. THAT Council approve the Notice of Decision and Reasons for Decision of Council contained in Attachment 7 approving the proposed expropriation of the Lands for the purposes of a district park and authorize the Municipal Clerk to serve a copy of them on all parties as required by section 8(2) of the Expropriations Act; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L'IC 3A6 T(905)623.3379 F(905)g"8 REPORT NO.: PSD-025-07 PAGE 2 6. THAT Council pass a by-law to expropriate the Lands for the purposes of a district park pursuant to section 6 of the Municipal Act, 2001 (Attachment 9); 7. THAT Council pass a by-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality to execute a plan of expropriation of the Lands and cause the plan to be registered in the proper Land Registry Officer pursuant to section 9(1) of the Expropriations Act (Attachment 10); and 8. THAT staff be authorized to give all necessary notices, and to take all necessary actions to complete the expropriation. I Submitted by: Reviewed by: Dilvid 4, qrome, .C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer FUDJC/df February 14, 2007 680 REPORT NO.: PSD-025-07 PAGE 3 1.0 BACKGROUND 1.1 Council's approval of the recommendations contained in Report #PSD-095-04 (Attachment 1) at its meeting on June 28, 2004 authorized the commencement of the procedures provided in the Expropriations Act for the proposed acquisition by the Municipality of 50 East Beach Road ("Lands"). The registered owners of the Lands are Chigweyaru Agbaru and Thomas Cauchon ("Owners"). These Lands are located north of East Beach Road, and west of Port Darlington Road, Bowmanville. 1.2 The Owners requested that an inquiry be held under the Expropriations Act as to whether the taking of the Lands is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority, the Municipality of Clarington ("Hearing of Necessity"). The Lands in question as well as certain other lands owned by the Municipality are outlined on Map 2b) contained in Attachment 2. The lands owned by the Municipality lie to the south, east and west of 50 East Beach Road. To the north of 50 East Beach Road is the Region's Water Treatment Plant and Pollution Control Plant. 1.3 An Inquiry Officer, Mr. Harold S. Goldkind, Q.C. was appointed to conduct the Hearing of Necessity requested by the Owners. He concluded that subject to his Finding number 4, which is discussed in Section 2 of this Report, the proposed expropriation is reasonably defensible and accordingly is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority, the Municipality of Clarington. A copy of the Inquiry Officer's Reasons for Decision dated January 2, 2007 is contained in Attachment 3. 1.4 In Finding number 4, the Inquiry Officer recommended that the expropriating authority consider whether the Owners should be given a choice of retaining the portion of land on the north side of the realigned East Beach Road, as shown on Map 2a) in Attachment 2. 1.5 The Lands comprising the whole of 50 East Beach Road are recommended by Staff to be expropriated. They include the northerly approximate 36% adjacent to what is proposed to be a realigned East Beach Road. The Lands are described in Attachment 4 and shown on the survey plan Map 2c) in Attachment 2. 1.6 Under the Port Darlington Neighbourhood Secondary Plan the portion of the Lands north of the realigned East Beach Road are designated Village Commercial. Under this designation residential uses are permitted only on the second floor of a building which contains a permitted non-residential use. A single detached dwelling with or without a "Bed and Breakfast" is not permitted on lands designated Village Commercial. 1.7 At present, the whole of 50 East Beach Road is zoned Residential Shoreline(RS) in the Municipality's Comprehensive Zoning By-Law 84-63, as amended. This zoning is in effect. It permits a single detached dwelling which may include a Bed and Breakfast Establishment' as an accessory use on 50 East Beach Road subject to a regulation regarding, among other things, a minimum lot area. This zoning antedates Council's adoption of the Port Darlington Neighbourhood Secondary Plan in 1996. 681 REPORT NO.: PSD-025-07 PAGE d 1.8 If the Municipality was to expropriate only the northerly approximately 36% of 50 East Beach Road, assuming that the Owners are given the choice to retain the area northerly of the realigned East Beach Road, this area would comprise a new,lot for zoning purposes and would have approximately one-half of the minimum lot area required by the Residential Shoreline (RS) zoning if a sanitary sewer is not available. A sanitary sewer is not available currently. 1.9 Since the Port Darlington Harbour Company, Wiggers Custom Yachts and Mr. Glen Ransom had appealed, under section 17 of the Planning Act, to the Ontario Municipal Board the approval of Official Plan Amendment No. 39 (which amended the Port Darlington Neighbourhood Secondary Plan) to permit, among other things, the proposed realignment of East Beach Road north of its current alignment, and had also requested Hearings of Necessity respecting the proposed expropriations of their respective properties, the establishment of a Joint Board under the Consolidated Hearings Act was required to hear and determine both the appeals under the Planning Act and the requested Hearings of Necessity under the Expropriations Act. As a result, the Hearing of Necessity for 50 East Beach Road was delayed until after the decision of the Joint Board under the Consolidated Hearings Act approving Official Plan Amendment No. 39, had been made. 1.10 Official Plan Amendment No. 39 as modified was approved by the Joint Board on the 13th day of January, 2006. It permitted the proposed realignment of East Beach Road. The Hearing of Necessity respecting 50 East Beach Road was deferred until November 2006 to allow for negotiations between the parties to take place. They have taken place but did not result in an agreement that could be recommended to Council by Staff. The Hearing of Necessity was then scheduled by the Inquiry Officer. 1.11 At the Hearing of Necessity respecting 50 East Beach Road, the Municipality's witness was Faye Langmaid, Manager of Special Projects. Ms. Agbaru and Mr. Cauchon represented themselves. Thirteen exhibits in support of proving the necessity of acquiring 50 East Beach Road were tendered as evidence by the Municipality at the Hearing. The exhibits included the Port Darlington Neighbourhood Secondary Plan as amended by Official Plan Amendment No. 39 and excerpts from the Municipality's Comprehensive Zoning By-law. 1.12 The Inquiry Officer found that the part of the Lands which would be adjacent to the north limit of the realigned East Beach Road is not required for the purposes of the district park. This part is designated Village Commercial in the Port Darlington Neighbourhood Secondary Plan. In the Inquiry Officer's opinion, there is no requirement for public ownership of this part for the purpose of development of the district park. 1.13 At the Hearing of Necessity, the Owners had proposed that their land not be incorporated into the district park and that they retain all or part of their land for residential use and future Village Commercial use such as a "Bed and Breakfast". . Against this background, the Inquiry Officer made his finding that a residential use with a "Bed and Breakfast" was permitted in a Village Commercial area under the Port Darlington Neighbourhood Secondary Plan. He then recommended that the Municipality consider whether the Owners should be given a choice of retaining the portion of land 682 REPORT NO.: PSD-025-07 PAGE 5 on the north side of the realigned East Beach Road (See Finding number 4 on Pages 11 and 12 of Attachment 3). 1.14 In Staffs view, the Inquiry Officer erred in finding that a residential dwelling with a "Bed and` Breakfast" would be permitted in a Village Commercial area under the .Port Darlington Neighbourhood Secondary Plan. While as noted above, this use is permitted by the Zoning By-law in a Residential Shoreline (RS) zone if it is contained in a single detached dwelling, and the applicable zoning regulations are satisfied. However, a Bed and Breakfast Establishment is not a permitted use if it is contained in a residential dwelling in a Village Commercial area. For a Bed and Breakfast Establishment to be contained in a residential dwelling in a Village Commercial area, the Secondary Plan as well as the Zoning By-law would have to be amended. 1.15 In his Reasons for Decision, the Inquiry Officer referred to Ms. Langmaid's evidence that there were certain difficulties associated with expropriating less than the whole of the Owners' property. In reviewing the difficulties that would result if the Owners were given the choice of retaining the northerly approximate 36% of the area of 50 East Beach Road, Staff believe these difficulties are virtually insurmountable for the reasons outlined in Section 2 of this Report. 1.16 Under section 8(1) of the Expropriations Act, the approving authority, in this case, Council is required to consider the Report of the Inquiry Officer and approve it, not approve it, or approve it with one or more modifications, that the Municipality considers appropriate. Under section 8(2) of the Act, the Municipality is required to give written reasons for its decision and to cause the decision and reasons for it to be served on all the parties and on the Inquiry Officer within 90 days after the date (January 5, 2007) on which the Municipality received delivery of the report of the Inquiry Officer. 1.17 Section 9 of the Expropriations Act requires that Municipality, within 3 months after the granting of approval register in the land registry office a plan of expropriation. On the registration of the plan of expropriation, within the 3 months period, but not otherwise, title to the expropriated land vests in the Municipality. 2.0 APPROVAL OF PROPOSED EXPROPRIATION 2.1 In Finding number 4 of his Reasons for Decision, the Inquiry Officer recommended that the Municipality consider whether the Owners be given a choice of retaining the portion of 50 East Beach Road that will be on the north side of the proposed realigned East Beach Road. At the Hearing of Necessity, Ms. Agbaru had testified that when she and Mr. Cauchon originally purchased 50 East Beach Road with the dwelling on it, they did so with the idea of converting it into a "Bed and Breakfast" in the future. In reviewing the Inquiry Officer's recommendation, Staff examined the potential and practical difficulties and costs for the Municipality to provide the Owners with this choice. For the reasons that follow, Staff recommend that after considering the Inquiry Officer's Reasons for Decision and this Report, Council refuse to give the Owners the choice of retaining the portion of 50 East Beach Road northerly of the realigned East Beach Road. 683 REPORT NO.: PSD-025-07 PAGE 6 2.2 The current zoning of the whole of 50 East Beach Road is Residential Shoreline (RS). In this zone, the permitted uses are single detached dwellings, seasonal dwellings and certain home occupation uses subject to certain regulations respecting such matters as minimum lot area (2,800 square metres) and minimum area of a single detached dwelling (110 square metres). Accessory uses to the main use are permitted. A "Bed and Breakfast Establishment" is a permitted accessory use in a dwelling consisting of three guest rooms in which the proprietor resides and which caters to the needs of the traveling public by furnishing temporary sleeping accommodations. The main use of a dwelling in which a "Bed and Breakfast Establishment" may be established must be a residential use in order to satisfy the Zoning By-law's definition of the term"dwelling". 2.3 The Residential Shoreline (RS) and "Bed and Breakfast Establishment" provisions of the Zoning By-law antedate the adoption of the Port Darlington Neighbourhood Secondary Plan. They do not conform with the designation of 50 East Beach Road as Village Commercial in the Secondary Plan. 2.4 If the effect of the proposed expropriation is to reduce the area of 50 East Beach Road by 64%, the result would be that the northerly approximate 36% of it would comprise a new "lot" for the purpose of the Zoning By-law. The new lot would not satisfy the minimum area requirement of the existing Residential Shoreline (RS) zone.unless the By-law was amended to reduce the minimum lot area requirement to approximately one half of the current requirement. Such an amendment would not be in the public interest. The purpose of the current minimum lot area requirement is to provide adequate space for a dwelling unit, a septic bed and a reserve area for a septic bed. While the existing lot (that is, the whole of 50 East Beach Road) has water service, there is no sanitary sewer in the area. When East Beach Road is realigned, the sanitary sewer probably will not be extended until there is sufficient development in the residential area to the east to warrant the construction of the sanitary sewer. The timing of this residential development and the provision of this sanitary sewer is not known. Also, apart from the lack of a sanitary sewer, the new lot would be undevelopable until East Beach Road is realigned as the new lot would not have frontage on a public road, a requirement of the Zoning By-law for any lot that is to be built upon. 2.5 Before East Beach Road can be realigned, the Environmental Assessment Act will have to be complied with. It requires, among other things, that an Environmental Study Report be prepared and approved under the Class Rules contained in the Regulations made under the Act. Determining the northerly limit of the realigned East Beach Road in the absence of this Study would be premature and could limit the alternatives available to the Municipality to satisfy its obligations under the Act and Regulations. It would be inappropriate at this time for the Municipality to attempt to establish the location of the road in advance of such approval being given under the Environmental Assessment Act. Until the specific northerly boundary of the realigned East Beach Road is established, it would be impossible to describe the southerly limit of the new lot with precision. The precise area of the new lot is an important consideration under the Zoning By-law for making a development decision. 684 REPORT NO.: PSD-025-07 PAGE 7 2.6 Currently, the timing of the realignment of East Beach Road and the timing of the development of the Village Commercial are unknown. Also, as indicated above, the timing of development of the lands designated Village Commercial is unknown. 2.7 The Port Darlington Neighbourhood Secondary Plan was the result of extensive public input spanning over 3 years. The Secondary Plan was adopted at the same time (1996) as the Official Plan, which also had extensive public input and review. The area designated Village Commercial is a key element of the Secondary Plan. 2.8 The Port Darlington Neighbourhood Secondary Plan limits the geographic extent of the Village Commercial area; establishes the maximum amount of gross leasable area for retail and personal services to 1,500 square metres, and requires all construction to be limited to two storeys. As shown on Map 2a) contained in Attachment 2, the conceptual layout of the Village Commercial along the realigned East Beach Road is a continuous strip of similar buildings with . architectural venestrations that reflect the historical character of the area and conform to the urban design guidelines as discussed in Section 2.12. 2.9 The permitted uses in a Village Commercial area are retail and personal service uses, retail specialty shops and studio facilities, restaurants, office and related uses and residential uses incidental to the main use of the lot. In order for the Owners to have a "Bed and Breakfast" dwelling on the new lot, an Official Plan Amendment would be required. To amend the Secondary Plan on a site specific basis to permit a "Bread and Breakfast" dwelling on the new lot would not be consistent with the intent of the Village Commercial designation given its limited geographic extent of the area so designated. It is not recommended by Staff. 2.10 The designation of the Village Commercial area in the Port Darlington Neighbourhood Secondary Plan was the subject of careful consideration in the context of the surrounding uses. The Village Commercial area is adjacent to the Region's Water Treatment Plant and the Region's Pollution Control Plant. The class Environmental Assessment for the expansion of the Pollution Control Plant has been underway for the past 18 months. The area designated Village Commercial abuts the 150 metre buffer. for the Pollution Control Plant, providing that the preferred option that is currently under consideration is approved. 2.11 Having a single detached dwelling with a "Bed and Breakfast" use in the middle of this strip of Village Commercial would not provide for the street character, ambience and activity that the Village Commercial area is to provide. Although as is noted above, residential uses are permitted on the second floor of a building within the Village Commercial area, this must be incidental to the main non-residential use.. It would not be possible without amending the Secondary Plan and the Zoning By-law to establish a "Bed and Breakfast" in a dwelling located on the second floor of a dwelling. Any amendments of either the Secondary Plan or the Zoning By-law would require the completion of the full public participation process required by the Planning Act and the Official Plan before Council could consider approving or passing them. It would be premature to do so in the context of considering this Report. 685 REPORT NO.: PSD-025-07 PAGE 8 2.12 The general policies of the Port Darlington Neighbourhood Secondary Plan call for Urban Design Guidelines to implement the policies of the Secondary Plan and act as a visual interpretation of future development proposals. While urban design guidelines have not been adopted by Council, a preliminary implementation strategy was set out in the background work to the Secondary Plan (Attachment 5). The urban design concept is not consistent with the establishment of a dwelling in which a "Bed and Breakfast Establishment" is permitted as an accessory use. 2.13 A "Bed and Breakfast Establishment" in a dwelling is not a permitted use on a new lot comprising the northerly approximately 36% of 50 East Beach Road unless the Village Commercial designation of 50 East Beach Road is amended to permit it and the minimum lot area requirement of the Zoning By-law for a property zoned Residential. Shoreline (RS) which is not serviced by a sanitary sewer, is amended. Any amendment to the Zoning By-law is required to conform with the Port Darlington Neighbourhood Secondary Plan. 2.14 Staff are concerned that if the southerly approximate 64% of 50 East Beach Road only was expropriated there could be significant costs to the Municipality in addition to the cost of expropriation of that area. The additional costs could include damages that the Municipality could be required to pay the Owners for injurious affection to the remaining approximate 36% of 50 East Beach Road. Additionally, the cost per square metre of the southerly approximate 64% could increase as a result of a partial taking. 2.15 Staff recommend that the whole of 50 East Beach Road be expropriated since the acquisition of the whole of 50 East Beach Road will probably be at a more reasonable price and on terms that are more advantageous than those on which the Municipality could obtain the southerly approximate 64% of 50 East Beach Road. Any surplus lands could be sold by the Municipality subject to the right of first refusal that Expropriated Owners would have under the Expropriations Act. 3.0 SUMMARY AND CONCLUSIONS 3.1 In his Reasons for Decision, the Inquiry Officer fairly summarized the evidence and made findings of fact based on that evidence. At page 13 of his Reasons for Decision, he stated: "Subject to my recommendation set out in Finding number 4, 1 find that the proposed expropriation is reasonably defensible and accordingly fair, sound and reasonably necessary in the achievement of the objectives of the - expropriating authority. 3.2 It is recommended that Council, as the approving authority under subsection 5(1) of the Expropriations Act, having considered the Reasons for Decision of the Inquiry Officer adopt them save and except those related to Finding number 4, and his finding regarding permitted uses in a Village Commercial area, as Council's own reasons for approving the expropriation. It is recommended that Council approve the proposed expropriation of the whole of 50 East Beach Road for the reasons set out in Section 2 of 686 REPORT NO.: PSD-025-07 PAGE 9 this Report. It is also recommended that Council pass a by-law (Attachment 6) under the Expropriations Act to approve the proposed expropriation of the 50 East Beach Road for the purposes of a district park, and pass a by-law to authorize the Mayor and the Municipal Clerk execute the Certificate of Approval as. required by the Act (Attachment 7). 3.3 It is recommended that Council authorize the Municipal Clerk to cause the Notice of Decision and Reasons for Decision of Council approving the proposed expropriation to be served upon all of the parties as is required by section 8(2) of the Expropriations Act. Copies of the draft Notice and Reasons for Decision are contained in Attachment 8. 3.4 It is recommended that Council pass a by-law under section. 6 of the Municipal Act, 2001 to expropriate the whole of 50 East Beach Road for the purposes of a district park (Attachment 9). 3.5 It is further recommended that Council pass a by-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality to execute a plan of expropriation of the whole of 50 East Beach Road and authorize its registration in the proper land registry office pursuant to section 9(1) of the Expropriations Act (Attachment 10). 3.6 If Council approves the proposed expropriation it will be completed by the registration in the Land Registry office of the plan of the Lands which are expropriated. Under the Expropriations Act, title is transferred to the Municipality on the registration of the plan, and the owner's rights are converted by the Act from a right in the land expropriated to a right to be paid market value compensation plus compensation for any damage resulting from injurious affection and other items of damages as set out in the Act. 3.7 It should be noted that under the Expropriations Act the Municipality cannot obtain possession of the land expropriated until notices are served on the registered owner of the expropriation which require possession of the land expropriated to be given to the Municipality on a specified date. That date must be at least 3 months after the date of service of the notice of possession. Before taking possession of the land, section 25(1) of the Act.requires that the expropriating authority serve upon the registered owner an offer of an amount in full compensation for the owner's interest and offer immediate payment of 100% of the amount of the estimated market value of the owners interest. This offer must be served within 3 months of the registration of the plan. Staff will report subsequently on a notice of possession respecting 50 East Beach Road. 687 REPORT NO.: PSD-025-07 PAGE 10 Attachments: Attachment 1 — Report#PSD-095-04 Attachment 2 — Maps 2a), 2b), 2c) Attachment 3 — Reasons for Decision of the Inquiry Officer dated January 2, 2007 Attachment 4 — Description of 50 East Beach Road Attachment 5 — Excerpt from the Implementation Strategy for Port Darlington Area, Feb 1992. Attachment 6 — By-law to approve expropriation under Expropriations Act and to authorize execution of Certificate of Approval of Expropriation Attachment 7 — By-law to authorize execution of Certificate of Approval of Expropriation Attachment 8 — Notice of Decision and Reasons for Decision of Council Attachment 9 — By-law to expropriate Lands for a district park under the Municipal Act, 2001 Attachment 10 — By-law to authorize execution and registration on title of expropriation plan Interested parties to be notified of Council's decision: Mr. Andy Wiggers, Port Darlington Harbour Company Port Darlington Community Association, CIO Ms. Glenda Geis Thomas Cauchon and Chigweyaru Agbaru Kevin Taylor Rose Savage Stephen Waque, Borden Ladner Gerais, LLP Les Coleman Chris Williams, Aird & Berlis Mr. Michael Melling, Davies Howe Partners 688 Attachment 9 To Report PSD-025-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to authorize an expropriation of Parts 1,2 and 3 on Plan 40R- 17188 the Municipality of Clarington, Regional Municipality of Durham pursuant to the Municipal Act,2001, S.O. 2001 WHEREAS at its meeting on February 26, 2007, the Council of the Corporation of the Municipality of Clarington passed By-law 2007- approving the expropriation of the lands more particularly described in Schedule'A' hereto; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the land more particularly described in Schedule 'A' attached hereto and forming part of this By-law, the registered owner of which is shown on the Parcel Registered in the Land Registry Office for the Land Titles Division of Durham (No. 40)to be owned in fee simple by Chigweyaru Agbaru and Thomas Cauchon here hereby expropriated for the purposes of a district park pursuant to the Municipal Act, 2001, S.O. 2001,c.25. BY-LAW read a fast time this 261" day of February 2007 BY-LAW read a second time this 26th day of February 2007 BY-LAW read a third time and finally passed this 261h day of February 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 689 SCHEDULE `A' Parcel Identification No. 26646-0020 - Lot 2 Block B, Plan H50073 Newcastle; Lot 3 Block B, Plan H50073 Newcastle; Part Lot 4 Block B, Plan H50073 Newcastle; Part Lot 5 Block B, Plan H50073 i Newcastle; Part Lot 6 Block B, Plan H50073 Newcastle; Part Unopened Lane Block B, Plan H50073 Newcastle now shown as Parts 1, 2 and 3 on Plan 1OR-17188 registered in the Land Registry Office for the Land Titles Division of Durham(No.40). 690 Attachment 10 To Report PSD-025-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to authorize the Mayor and Clerk, on behalf of the Municipality of Clarington,to execute an expropriation plan to approve the expropriation of Lots 2 and 3, Part of Lots 4, 5 and 6 and part of the Unopened Lane between Lots 3 and 5, Block'B', Plan H-50073, shown as Parts 1, 2 and 3, on Plan 40R-17188, Municipality of Clarington, Regional Municipality of Durham WHEREAS at its meeting on February 26, 2007, the Council of the Corporation of the Municipality of Clarington, approved the recommendations contained in Report PSD- 025-07, and approved the expropriation of the lands more particularly in Schedule 'A' hereto; AND WHEREAS at its meeting on February 26, 2007, Council passed By-law No. 2007- approving the aforesaid expropriation; AND WHEREAS at its meeting on February 26, 2007, Council also passed By-law No. 2007- pursuant to the Municipal Act, 2001, S.O. 2001, c.25, as amended, to expropriate the aforesaid lands; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Municipal Clerk are hereby authorized, on behalf of the Council of the Corporation of the Municipality of Clarington, to execute plan of expropriation showing the lands more particularly described in Schedule 'A' attached hereto and forming part of this By-law, the registered owner in fee simple of which is shown on the Parcel Registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) to be Chigweyaru Agbaru and Thomas Cauchon. 2. THAT the Mayor and Municipal Clerk are authorized, on behalf of the Corporation of the Municipality of Clarington,to cause the aforesaid expropriation plan to be registered in the proper Land Registry Office pursuant to Section 9(1) of the Expropriations Act. BY-LAW read a first time this 26th day of February 2007 BY-LAW read a second time this 26th day of February 2007 BY-LAW read a third time and finally passed this 261h day of February 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 691 i SCHEDULE `A' Parcel Identification No. 26646-0020 Lot 2 Block B, Plan H50073 Newcastle; Lot 3 Block B, Plan H50073 Newcastle; Part Lot 4 Block B, Plan H50073 Newcastle; Part Lot 5 Block B, Plan H50073 Newcastle; Part Lot,6 Block B, Plan H50073 Newcastle; Part Unopened Lane Block B, Plan H50073 Newcastle now shown as Parts 1, 2 and 3 on Plan 10R-17188 registered in the Land Registry Office for the Land Titles Division of Durham(No. 40). 692 ' LBOdiRg��IC w6,y REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 19, 2007 Resolution #: Report#: EGD-025-07 File #: By-law#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JANUARY,2007. Recommendations: It is respectfully.recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-025-07 be received for information. Submitted by: %Z Reviewed by�~� � A. S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC'RP*bb February 1, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-1824 701 REPORT NO.: EGD-025-07 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of January 2007, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF JAN YEAR TO DATE YEAR TO % CHANGE OF 2007 2007 DATE 2006 VALUE YTD 07-06 Permits Issued 43 43 34 26.6% VALUE OF CONSTRUCTION Residential $5,864,944 $5,864,944 $2,491,525 135.4% Industrial $0 $0 $20,000 NIA Government $0 $0 $0 NIA Commercial $90,000 $90,000 $242,500 -62.9% Institutional $0 $0 $0 NIA Agricultural $0 $0 $405,1351 NIA. TOTAL $5,954,944 1 $5,954,944 1 $3,159,160 88.5% The following is a historical comparison of the building permits issued for the month of "JANUARY" and "YEAR TO DATE" for a three year period. i Historical Data for Month of'JANUARY" Historical Data"YEAR TO DATE" $12,000,000 $12,000,000 $10,000,000 $10,000,000 $6,D00,000 $6,000,000 $6,000,000 $6,000,000 . $4,000,000 $4,000,000 $2,000,000 $2,000,000 $D . 2007 2006 2005 2007 2006 2006 ®value $5,954,944 $3,159,1611 1 $9,979,240 ®value $5,954,944 $3,159,160 1 $9,979,240 702 REPORT NO.: EGD-025-07 PAGE 3 The following is a comparison of the types of dwelling units issued for the month of "JANUARY" and "YEAR TO DATE". Dwelling Unit lype"JANUARY 2007" Dwelling.Unitlype"YEAR TO DATE 2007" a a APANTMENr APARTMENT ST 0% 0% TOWNHOUSE 44% ° SINGLE E tE DETACHED SINGLE TOWNHOUSE 555 DETACHED 44t 0 S5% SEMI DETACHED 0Y 0 SEMI ij ■SINGLE DETACHED 15 °moo ° s SINGLE DETACHED 15 O SEMI DETACHED 0 9 SEMI DETACHED 0 ®TOWNHOUSE 12 ®TOWNHOUSE 12 ®APARTMENT O ISAPARTMENT O 703 REPORT NO.: EGD-025-07 PAGE 4 MONTH OF JANUARY 2007 2006 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION Residential 39 $5,864,944 23 $2,491,525 Industrial 0 $0 1 $20,000 Government 0 $0 0 $0 Commercial 1 $90,000 5 $242,500 Institutional 2 $0 0 $0 Agricultural 0 1 $0 2 $405,135 Demolition 3 1 $0 3 $0 TOTAL 43 $5.954.944 34 $3,159,160 YEAR TO DATE 2007 2006 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION Residential 39 $5,864,944 23 $2,491,525 Industrial 0 $0 1 $20,000 Government 0 $0 0 $0 Commercial 1 $90,000 5 $242,500 Institutional 0 $0, 0 $0 Agricultural 0 $0 2 $405,135 Demolition 3 $0 3 $0 TOTAL 43 $5,954,944 34 $3,159,160 Attachment#1 — Monthly Building Permit Activity Report/Historical Comparison of Building Permit 704 Municipality of Clarington Buildin Services - Monthly Activity Report JANUARY 2007 2007 2006 January Year to Date January Year to Date PERMIT FEES $48,507 $48,507 $21,990 $21,990 EMSEMM -- 2007 2006 January Year to Date January Year to Date Building Inspections 481 481 502 502 Plumbing Inspections 427 427 543 543 TOTALS 908 908 1045 1045 2007 2006 January Year to Date January Year to Date Single Detached 15 15 3 3 Semi-Detached 0 0 10 10 Townhouse 12 12 0 0 Apartments 0 0 0 0 TOTALS 27 27 13 13 YEAR: 2007 AREA (to 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 month Bowmanville 1 609 307 587 468 345 312 188 184 313 423 Courtice 15 126 241 173 180 133 129 231 296 254 295 Newcastle 8 84 202 191 123 131 76 110 78 4 5 Wilmot Creek 2 15 15 25 29 38 24 19 21 33 21 Orono 1 1 2 1 1 Darlington 1 7 14 15 13 17 47 102 31 14 20 Clarke 12 13 10 16 15 9 17 17 12 20 Burketon 1 1 1 1 1 1 2 Enfield 3 Enniskillen 1 1 1 2 5 7 6 3 7 Hampton 1 3 1 1 1 2 1 2 Haydon 1 1 2 Kendal 1 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 Mitchells Corners 1 Newtonville 2 4 5 3 3 3 1 Solina 3 3 3 3 1 1 Tyrone 3 9 3 TOTALS 27 861 802 1015 843 701 609 679 640 636 801 Attachment#1 —Monthly Building Permit Activity Report/Historical Comparison of Building Permit 705 Clar�ngton Leading tke Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 19, 2007 Resolution #: Report#: EGD-026-07 File #: D.01.35.001 By-law#: Subject: ROBINSON RIDGE SUBDIVISION PHASE 1, COURTICE, PLAN 40M-1931, '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-026-07 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-1931; and 3. THAT Council approve the by-laws attached to Report EGD-026-07, assuming certain streets within Plan 40M-1931 as public highways. Respectfully by, Submitted by: %x Reviewed b���'"�_ `•'�� A. S. Cannella, C.E.T. Franklin Wu Director, Engineering Services Chief Administrative Officer ASC/NAC/dv February 7, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 706 REPORT NO.: EGD-026-07 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered August 5, 1998, with Robinson Ridge Developments Inc., to develop lands by plan of subdivision, located in Courtice and described as Plan 40M-1931 (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'. (This Subdivision Agreement was subsequently taken over by 2001544 Ontario Limited, being a successor to the original Owner.) 1.2 The Subdivision Agreement provides for the separation of the Works into nine (9) stages: a) Initial Works; b) Final Works; c) Street Lighting System; d) Permanent Stormwater Quantity and Quality Pond Works; e) Interim Stormwater Quantity and Quality Pond Works not applicable); f) Reconstruction of Regional Road 22 Works (not applicable); g) Parkette A-Works; h) Parkette A - Furnishings; and i) Neighbourhood Park Works (not applicable) 1.3 The Initial Works, Street Lighting System, Parkette A - Works, and Parkette A - Furnishings 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. 707 REPORT NO.: EGD-026-07 PAGE 3 1.4 The Permanent Stormwater Quantity and Quality Pond Works are being administered under Phase 2 of this development. 1.5 The Final Works were issued a 'Certificate of Completion' dated July 31, 2004. This initiated a one (1) year maintenance period, which expired on July 31, 2005. The Works were re-inspected at that time and, although the developer experienced delays in completing the required repairs, all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plan 40M-1931 as public highways (Attachments 2 and 3). Attachments: Attachment 1 Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law 708 111111111111111111111 � 11 b' 'ag � � _ 111111111111111111 � 3 �w~� ��}� ��- ��•. /11111111111111111 f �2 � � � �ti � � �� •• / 111111111111111 i3 IuIiI1111111I � - . . � � 1111111 . . . . - . . . . . . 11111 111111111111 �. 1111 _ �'u111i11111111111� .: u ==_t1uu1 y1DNOp\d apnnn nununuml y,�pC{4411 = Hll _�\MN HUpP�afam y\I/r� � a�V mi i IAONIIIIpIWllllilllllll °� �� ��2�+� !ti- IIIIIIIIn11111 IIIIIIII c IIIIN 11111110111111111 1 I.ii€&ffua J C 1.1 , IIRfl111110 fib\` 41111111111 II GIIIIOtlI II/Iq� � � • . 1 . -� 11 11140110IIIC _ 1 I 11- . umm�mnlln nonnn _ o COMM SOMME HNIIIIILLILLI REPORT 1 1 IIIIRIIIi Itl1 v= _ um _ ATTACHMENT NO. 1 � , � ulil 1 ATTACHMENT NO.: 2 REPORT NO.: EGD-026-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007-XX Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the blocks shown on Plan 40M-1931, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: Block 52 Block 54 Block 55 Block 56 Block 61 BY-LAW read a first and second time this xxeh day of xxxxx 2007. BY-LAW read a third time and finally passed this xxth day of)o=x 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 71 0 ATTACHMENT NO.: 3 REPORT NO.: EGD-026-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007-XX Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the streets and blocks shown on Plan 40M-1931, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Fenning Drive Pickard Gate Kilgannon Avenue Cornish Drive Block 49 Block 50 Block 52 Block 54 Block 55 Block 56 Block 61 BY-LAW read a first and second time this xxth day of xxxxx 2007. BY-LAW read a third time and finally passed this xx<h day of xxxxx 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 711 REPORT Leading the Way ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February, 19, 2007 Resolution #: Report#: EGD-027-07 File #: B.02.11.002 By-law#: Subject: NEWCASTLE MEADOWS SUBDIVISION PHASES 2, 3 AND 4, BOWMANVILLE PLANS 40M-1911, 40M-2022 AND 40M-2152 RESPECTIVELY, `CERTIFICATE OF ACCEPTANCE', STORM SEWER SYSTEM ONLY Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-027-07 be received; and 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Storm Sewer System constructed within Plans 40M-1911, 40M-2022, and 40M-2152. Respectfully by, Submitted by: Reviewed by:y A. S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/NAC/dv February 7, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 90523-3379 F 905-623-9282 712 REPORT NO.: EGD-027-07 PAGE 2 1.0 BACKGROUND 1.1 The former Corporation of the Town of Newcastle, now the Corporation of the Municipality of Clarington, entered into a Subdivision Agreement, registered November 22, 1991, with Newcastle'Meadows Inc. to develop lands by plan of subdivision, located in Bowmanville and described as Plans 40M-1911, 40M- 2022, and 40M-2152 (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'. (This Subdivision Agreement was subsequently taken over by Valiant Property Management and Towchester Developments Limited, being successors to the original Owner.) 1.2 The Subdivision Agreement provides for the separation of the Works into two (2) stages: a) Storm Sewer System; and b) Roads and Above Ground Services 1.3 Phase 2 (40M-1911) Storm Sewer System was issued a 'Certificate of Completion' dated December 17, 1997. This initiated a two (2) year maintenance period, which expired on December 17, 1999. The works were re- inspected at that time, and, although the developer experienced delays in completing the repairs, all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.4 Phase 3 (40M-2022) Storm Sewer System was issued a 'Certificate of Completion' dated January 29, 2002. This initiated a two (2) year maintenance period, which expired on January 29, 2004. The works were re-inspected at that time, and, although the developer experienced delays in completing the repairs, all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 713 REPORT NO.: EGD-027-07 PAGE 3 1.5 Phase 4 (40M-2152) Storm Sewer System was issued a 'Certificate of Completion' dated November 1, 2003. This initiated a two (2) year maintenance period, which expired on November 1, 2005. The works were re-inspected at that time, and, although the developer experienced delays in completing the repairs, all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Phases 2, 3 and 4 Storm Sewer System. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Storm Sewer System. Attachment: Attachment 1 - Key Map 714 - . . � . %//111111\�■�■111 ■ x 777,♦ �� .y4 4�A x:v L vvL vJ ��L 3 1 �Z 11111��� ���� � �. ._ 1111111111/% ♦ _ ���� - -� 11 :VIII( 1111111111111E /Illllllll l� `�� v - - , � ��1111111111111 � Q�11111111111111 _ ��� :� � �1111111111111111 � .. _ _ -_ -����r�■111111111 � i�- r=j11111111111v . .In �p �lllllllllllllllllll = � � � � � � � 111. p .,� �� � - - � ■ ���_I_���1111111111� ■ - Ii411114 illll� LI xS� \\\\\\ , IIIIIIIIIIIIiI Illllgl IIIIIIIaUtUaN1 \�O\`��N . = 4NUUIil1 Igll IIIIU IIIUII!I!!i qq\��\O�� ltsh i1411fl11 111 W IIIlilgligl 111 noon nmN �i� \Ngglt nr .0 :\Non � Inuq `\\u\\\sN`,3��' �,F h 1l ui�iun:• =— • �'I�iHrs� ��� ,�>� v��,� mulua p�li Ins �� a �' '_■ �_� r uuumm.. — <.=5=IO41g111� � c 1 Oi 6 � IIIUIL�`¢, `,`,^^eli IIIIIt111141111� %44tIfO PORT 1 1 —INII' ��HI°°I°n_ pllligmnu4 am rry ��\nnmw= • :Ulunnlnnl IIIt_��' � - - '•'n' ; 111 �/■ sr`..a®1441-Illlll�q .I 2022 Clarin n uae;ng�n�way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 19, 2007 Resolution #: Report#: EGD-012-07 File #: By-law#: Subject: PROPOSAL TO CLOSE AND CONVEY A PORTION OF OKE ROAD SITUATED IN LOT 32, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-012-07 be received; 2. THAT Council authorize the publication of a notice of application that the Municipality intends to pass a by-law to close that part of an unopen road allowance situated in Concession 2, between Lot 32 and Lot 33, former Township of Darlington, identified as Part 1, Plan 40R-23704 and Parts 10 and 11, Plan 40R-23561 and two parts of Oke Road which will be the subject of a subsequent R-Plan pursuant to Section 34 of the Municipal Act and By-Law No. 95-22; 3. THAT when Section 34 of the Municipal Act and By-Law No. 95-22 have been complied with, Council pass By-Law No. 2007-XX and declare those portions of the road allowance to be closed as a public highway and declared surplus; 4. THAT subject to Council's consideration of any representations made at the public meeting respecting the passing of by-laws declaring the subject lands to be closed as a public highway and declared surplus, Council pass By-Law No. 2007-XX authorizing that the portion identified as Part 1, Plan 40R-23704 and Parts 10 and 11, Plan 40R-23561 and two parts of Oke Road which will be the subject of a subsequent R-Plan be conveyed to Halminen Homes for the appraised value; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 716 REPORT NO.: EGD-012-07 PAGE 2 5. THAT all costs of closure and conveyance be bome by the applicant; and 6. THAT Halminen Homes be advised of Council's decision. Respectfully by, F Submitted by: A.S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASCfjo January 9, 2007 717 REPORT NO.: EGD-012-07 PAGE 3 1.0 BACKGROUND 1.1 Halminen Homes has made application to close and convey two parts of a temporary turning circle located at the east end of Oke Road off Prestonvale Road as well as three remnant pieces of an unopen road allowance adjacent to the turning circle (see Attachment 1). This application has been made in order to construct the link from Oke Road off Prestonvale Road with Oke Road off Glenabbey Drive to facilitate the development of the Emily Stowe Neighbourhood. The application for closure and conveyance is in compliance with the original plan for this neighbourhood and has been endorsed by the Director of Engineering Services. 2.0 ADJACENT LAND OWNERSHIP 2.1 The adjacent land owner, 708545 Ontario Limited, is fully in agreement with this application and is a proponent (with the applicant) in a land division application and land exchange to complete the development of this neighbourhood. 3.0 PUBLIC NOTICE 3.1 Under the Municipal Act, the Municipality must give notice of its intention to pass a by-law, stopping up and closing the road allowance and declaring it surplus. Under the Municipality's Policy and Procedure for road closure, the Municipality must circulate the application to all appropriate parties (agencies, utilities and municipal departments), hold a public hearing and, if Council approves, pass a by-law stopping up and closing and declaring the road surplus (see Attachment 2) and a by-law conveying the land to the applicant (see Attachment 3). 4.0 CONCLUSION 4.1 The Director of Engineering Services has determined that it would be appropriate to close and convey the parts of the temporary turning circle and the remnant pieces of unopen road allowance adjacent to Oke Road to Halminen Homes to facilitate the development of the remainder of the Emily Stowe Neighbourhood. All costs associated with the closure and conveyance, including land costs, will be borne by the applicant. 718 REPORT NO.: EGD-012-07 PAGE 4 Attachments: Attachment 1 — Key Map Attachment 2 — By-law to stop up and close and declare surplus Attachment 3 — By-law to convey road allowance List of Interested Parties: Halminen Homes 719 • Y a 1 , YM f � II 1 �.r • - Road _� • • • • • #r \Lp'vlil'tl1.... ' r •�/�i1r`��_±�_ �'__��mx xUN�`H.4\�Illlill�= : 11�Ih� =�HI11111= =_I� WIIllllt• I�I� _ ✓nl1q� _ =xUBge '— v/= _� 1�2 Q `�� IBUi11xIN1 yVh hf/ii�I—;� 1001 Iq �iaxrcimml uxunnllnnnnnnnnl un uunm �� giii= =1D.� � �� \\IfmIiNIUWI Ii I = y'uy��� = wmnrm u. mmnnppmne 1 a \ -� � �p ��_� III @IlHill71li1 S F�i�l�llx� ?. '��.v i �YN�= �� 11'14• a �Alllllf1a111411111 —� . 111111F 11111 I � �7110 uult�fs � /nnrtlnnn. �!v� _ I. � •. �1 nnnnl i o- � 1 = -14•nx\ N,y � nwnn811�� nnumVl� _ i i=b n inui a u�N•Zi• ma alunnnnrt U JH :JI1f�0�,\e IN JIIIIIIIINIII , � a r/rte U III I ION6� e _ ��iy•��� '`� •' • • • - 11 I111111111111Illllltlll&1 � ,� ��H�„P� . � R REPORT EGD-012-07 iBloor St.• , ATTACHMENT NO. I Z20 - ATTACHMENT NO.:2 REPORT NO.: EGD-012-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- Being a By-law to stop up and close as a public highway and declare surplus a portion of Oka Road identified as Parts 10a on Reference Plan 40R-moos and unopen road allowance identified as Part 1 on Reference Plan 4OR-23704 and Parts 10 and 11 on Reference Plan 4OR-23561. WHEREAS the Council of the Corporation of the Municipality of Ciarington at its meeting of r0000=,2007 approved the recommendations in Report EGD-012-07; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: n' 1. That a portion of Oka Road identified as Parts root on Reference Plan 40R x0000c and unopen road allowance identified as Part 1 on Reference Plan 4OR-23704 and Parts 10 and 11 on Reference Plan 40R-23561 are hereby stopped up and dosed as a public highway and declared surplus. BY-LAW read a first and second time this roc day of mo000K 2007. BY-LAW read a third time and finally passed this roc day of m0oom,2007. Jim Abernethy,Mayor Patti L. Barrie, Municipal Clerk 721 ATTACHMENT NO.:3 REPORT NO.: EGD-012-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- Being a By-law to authorize the conveyance of a portion of Oka Road identified as Parts)=on Reference Plan 40R-xxxxx and unopen road allowance identified as Part 1 on Reference Plan 40R-23704 and Parts 10 and 11 on Reference Plan 40R- 23561. WHEREAS the Council of the Municipality of Clarington at its meeting of xxxxxxx, 2007 approved the recommendations in Report EGD-012-07; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. That the sale and transfer to Halminen Homes of a portion of Oke Road identified as Parts xxx on Reference Plan 40R-)oc)= and unopen road allowance identified as Part 1 on Reference Plan 40R-23704 and Parts 10 and 11 on Reference Plan 40R-23561 is approved. 2. That the Mayor and Clerk are authorized on behalf of the Municipality to execute the transfers. By-law read a first and second time this xx day of moDo x,2007. By-law read a third time and finally passed this xx day of xxxxxxx,2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 722 Clari�g�on Leodiag the Way REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 19, 2007 Report#: ESD-002-07 File # 10.12.6 By-law# Subject: MONTHLY RESPONSE REPORT— JANUARY 2007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-002-07 be received for information. Submitted by: ��� UJ Reviewed by: Gordon Weir, AMCT, CMM111 Franklin Wu. Director Emergency & Fire Services Chief Administrative Officer GW*sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F905)623-6506 901 ' I CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT Period: January 1, 2007 00:00:00 to January 31, 2007 23:59:59 CALL TYPE VOLUME STATION 1 STATION 2 STATION 3 STATION 4 - STATION 5 CAL' CALL TYPE BOWMANVILLE NEWCASTLE ORONO COURTICE ENNISKILLEN TOTALS PERCENTAGE 7FALSE 2 2 1 3 0 8 2.7% 1 1 1 0 0 - 3 1.0% C 25 - 7 - 2 5 1 40 13.4% PUBLIC HAZARD _18 6 2 11 0 37 12.4% - CALLS RESCUE CALLS 16 13 2 13 3 47 15.7% MEDICAL ASSIST 73 14 9 35 2 133 44.5% CALLS MISCELLANEOUS 15 3 1 12 0 31 10A% .CALLS TOMTAL F R. 150 . 46 18 79 6 299 100.0°k YEAR TO DATE 150 46 18 79 6 299 YEAR TO DATE 50.2% 15.4% 6.0% 26.4% 2.0% 100.0% PERCENTAGE - STANDYBY 5 0 0 4 0 9 CALLS DOLLAR LOSS $2,500 $10,000 $1,000 $31,000 $0 $44,500 PROPERTY FIRE CALLS CALL TYPE VOLUME' BURNING COMPLAINTS 44.5% 10.4% FALSE FIRE CALLS - 2.7% PUBLIC.HAZARD 1.0% CALLS RESCUE CALLS 13.4% MEDICAL ASSIST CALLS MISCELLANEOUS 15'5.7% 12.4% CALLS - - APPARATUS CALL VOLUME STATION 1 PUMPER 1 PUMPER 11 TANKER 1 UTILITY t AERIAL 1 RESCUE 1 267 204 46 6 0 6 5 STATION 2 PUMPER 2 TANKER 2 74 52 22 STATION 3 PUMPER 3 TANKER 3 - UTILITY 3 26 18 7 1 STATION 4 PUMPER 4- PUMPER 44 TANKER 4 142 122 3 17 STATION 5 PUMPER 5 TANKER 5 - 12 9 3 521 326 128 55 1 6 5 903 y C� lI1g�0�1 ceaa�g the wa, REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 19, 2007 Resolution #: Report#: COD-004-07 File #: By-law #: Subject: PUBLIC SECTOR SALARY DISCLOSURE ACT Recommendations: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. THAT Report COD-004-07 be received for information; 2. THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate Ministry be notified, which employees, if any, were paid a salary of $100,000 or more (as defined in the Act), for the year 2006, FORTHWITH. Submitted b . Reviewed b arie Marano Franklin Wu Director of Corporate Services Chief Administrative Officer MM/gj 1201 1 REPORT NO.: COD-004-07 PAGE 2 BACKGROUND AND COMMENT 1. On January 29, 1996, the Ontario Legislature passed the Public Sector Salary Disclosure Act. This Act requires the Municipality to disclose annually the names, positions, salaries and taxable benefits of employees paid $100,000. or more a year. 2. In 2006, employees paid a salary as defined in the Public Sector Salary Disclosure Act, 1996, of$100,000. or more by the Municipality of Claringtbn were as follows: Name POSITION TITLE SALARY PAID TAX BENEFITS Wu,Franklin CHIEF ADMINISTRATIVE OFFICER $179,646.12 $1,859.16 Marano,Marie DIRECTOR OF CORPORATE SERVICES $140,989.31 $1,761.44 Caruans Joseph DIRECTOR OF COMMUNITY SERVICES $130,013.17 $1,631.97 - Cannella Tony DIRECTOR OF ENGINEERING $129,103.27 $1,617.66 Crane,David DIRECTOR OF PLANNING $124,471.75 $1,610.40 Taylor,Nancy DIRECTOR OF FINANCE $120,501.62 $1,610.40 Horvath,Frederick DIRECTOR OF OPERATIONS $115,668.50 $1,497.28 Weir,Gordon DIRECTOR OF EMERGENCY SERVICES $109,575.38 $1,390.96 Payne, Robert FIRE CAPTAIN $108;419.70 $ 621.05 Barrie,Patti MUNICIPAL CLERK $105,755.36 $1,407.88 Hopkins,Edith LIBRARY DIRECTOR $105.046.34 $1,340.21 3. It is important to note that the basic pay is the gross salary before statutory deductions for tax, C.P.P., E.I., etc. 4. The Municipality is required to submit this information to the Ministry of Municipal Affairs and Housing and to include the information in the Municipality's annual financial statements. 5. The Ministry of Finance will prepare, for public release on April 15t, a compendium of records of all employees in the Province whose salaries are disclosed. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 1202 Clarington Leadiag the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date; February 19, 2007 Report#: COD-007-07 File # By-law # Subject: Q2006-9, Construction of Drainage Improvements, Mitchell's Corners Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-007-07 be received; THAT Ron Robinson Limited, Bowmanville, Ontario with a total revised bid in the amount of$49,831.50 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Quotation Q2006-9 be awarded the contract for the Construction of Drainage Improvements, Mitchell's Corners as required by the Engineering Department; 2. THAT the funds be drawn from the Engineering 2006 Capital Account# 110-32-330- 83204-7401; 3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: Reviewed arIe Marano, H.B.Sc., C.M.O. Franklin Wu, Dire t r of Corporat Servi Chief Administrative Officer nc a r, B. ., Dire o inance A.S. Cannella, C.E. . Director of Engineering Services MM\NTIASC\LAB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1203 REPORT NO.: COD-007-07 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Construction of Drainage Improvements, Mitchell's Corners within the Municipality of Clarington, as required by the Engineering Department. Ar i i- 6 4 s t Subject Area-,' r le c I MITCHELL CORNERS Mitchell Corners Drainage Issue(2006) Five companies were invited to submit a quotation as well as the project was advertised on the Municipal Web Site. Subsequently, one bid was received from Ron Robinson Limited in the amount of$72,631.50. As this amount exceeded the total budget allocation of$50,000.00, the specifications were amended to provide for an alternate location for the excavated material, which reduced the total bid amount to$49,831.50. As a result of this change in the specifications, as well as a delay in making an award, the other 4 potential bidders were contacted. All four advised that this change in the specifications would not have affected their decision not to bid due to the busy construction season. The total project cost as outlined in the memo from Engineering Services, marked Schedule `B", is $49,831.50 and will be drawn from the 2006 Engineering Capital Account # 110-32-330 83204-7401. The funds for Consulting Services will be provided for in the 2007 Engineering Operating budget account: 1204 REPORT NO.: COD-007-07 PAGE 3 The low bidder has previously performed satisfactory work for the Municipality of Clarington.. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc.,should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Ron Robinson. Limited, Bowmanville, Ontario, be recommended for the contract for the Construction of Drainage Improvements, Mitchell's Corners Attachments: Attachment 1 —Schedule W, By-law Attachment 2—Schedule °B", Memo from Engineering Department and Letter from TSH 1205 Schedule "A" 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 Ron Robinson Limited, Bowmanville, Ontario, to enter into agreement for the Construction of Drainage Improvements, Mitchell's Corners. 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, Ron Robinson Limited, of Bowmanville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of 2007. By-law read a third time and finally passed this day of 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1206 ` SCHEDULE W C1�CC111��W./�/Il Leading the Woy v , MEMO TO: Louann Birkett, Purchasing Manager FROM: Bruno Bianco, Design Engineer DATE: January 9, 2007 RE: CONSTRUCTION OF DRAINAGE IMPROVEMENTS QUOTATION NO.: CL2006-9 5800-8310-06113 OUR FILE: CED.MITCHELLCORNERS.1 The Engineering Services Department has reviewed the recommendation provided by TSH and offers the following comments. Considering the correspondence made available by TSH and discussions Engineering Services had with the Purchasing Division, we concur with the recommendation to award the contract to Ron Robinson Ltd. in the amount of $49,831.50 exclusive of G.S.T. for the construction of drainage improvements in Mitchell's Comer. Therefore, the Engineering Department advises the following Municipal breakdown for the above referenced project exclusive of GST: Construction Account 110 32 330 83204 7401 RECEIVED Project $49,831.50 Expenditure JAN 1 0 2001 Budget $50,000.00 Amount MUNICIPALITY OF CLARINGTON Estimated $168.50 1 PURCHASING DEPARTMENT Budget Surplus 1207 SCHEDULE °B" Construction Drainage Improvements 2 CED.Mitchel lCorners.1 Engineering Services will proceed with the purchase order (PO) based on the above apportionments. Attached for your files is the recommendation and supporting documentation provided by TSH. Should you have any question or concerns with the above, please feel free to contact the undersigned. Regards,_ Bruno M. Bianco, P. Eng. Design Engineer BMB/dv Cc: Tony Cannella, Director of Engineering Services William McCrae, P. Eng., Totten Sims Hubicki Nancy Taylor, Director of Finance I:EngingeeringAd ministration.Jan.0g.07.ConstructionDrainagelmproveme nts.C E D.MITCHE LLCORNERS.I CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 1208 SCHEDULE "B" Totten Sims Hubicki Associates ■ engineers 513 Division Street, Cobourg, Ontario,Canada K9A 5G6 architects 5 7 planners E mail:obou rg @tsh ce 905 www tsh ca December 14,2006 Mr.A.S.Cannella,C.E.T. Director of Engineering Services Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE,Ontario. LiC 3A6 Dear Mr.Cannella Re: Construction Drainage Improvements—Mitchell's Corners Drainage Quotation—Q2006-9 Municipality of Clarington Bids for the above project were opened at the Municipal Offices on Monday,September 11,2006 at 4:00 p.m.The quotation was by invitation. One bid was received and is provided in the table below. BIDDER TOTAL BID AMOUNT Ron Robinson Ltd. $72,631.50 Bowmanville ON Costs Exclusive of G.S.T. The bid amount received from Ron Robinson was over the budget amount allocated. For this reason alternatives to the design and construction methodology were considered Clarington and TSH staff met on site to discuss alternatives to the design and construction methods. Reviewing the quote showed two significant areas of cost: 1. Clearing and Grubbing of Brush and Trees 2. Earth Excavation and Grading Alternatives for cost reduction of these items were considered and discussed with the Contractor. By laying out the clearing and grubbing area of the contract,some specific larger trees at the edge of the grading limits were identified as not required for removal. This saved on the clearing and grubbing of brush and trees. Discussions with the contractor identified that the bulk of the costs associated with the Earth Excavation and Grading Item,was the hauling of the material off site. An alternative was developed to leave the material"on site"on the west bank of the soccer field at the east end of the project adjacent to the Church parking lot. Based on the 2 items noted above the Contractor has submitted a revised bid reducing the overall construction value of the quote to$49, 831.50. 1209 SCHEDULE "6" Mr.A.S.Cannella,C.E.T. December 14,2006 2 TSH has reviewed the bid accepted by the Clarington Purchasing Department and the credit reduction from the contractor and have confirmed the bid value noted above. As requested by the Purchasing Department references have been checked for the bidder Ron Robinson Limited and have confirmed the contractor's performance on projects of similar scope to be satisfactory. Based on the above it is recommended that the quote in the revised amount of$49,831.50(exclusive of G.S.T.)be awarded to Ron Robinson Limited,Bowmanville,Ontario. Deposit cheques or bid bonds should be retained for the bidder until the Contract has been executed. Should you require any further information,please contact the undersigned. Yours truly, Will McCrae,P.Eng. Senior Project Engineer WM/tm P/12T930NC,ma�Mgw+nion ro'+N.dix , Encl. PC: Mr.Bruno Bianco, P.Eng.,Design Engineer UH 1210 Clarington tenatng the way REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: FEBRUARY 19, 2007 Resolution #: Report #: FND-001-07 File #: By-law #: Subject: LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-001-07 be received; and 2. THAT the attached list of applications for cancellation, reduction, apportionments or refund of taxes be approved. Submitted by: el;1worel,1111; Reviewed. by. Nancy M aylor B.A., C.A. Franklin Wu Director of Finance Chief Administrative Officer NMT/MW F/MAM/nml 1301 REPORT NO.: FND-001-07 PAGE 2 BACKGROUND Pursuant to Sections 354, 356, 357 and 358 of the Municipal Act, 2001, C25,a list of applications for cancellation, reduction, apportionments or refund of taxes is presented to Committee for its review and approval. Section 357(3 & 4) indicates that the Council shall hear and dispose of every application not later than the 30th day of April in the year following the year in respect of which the application is made. The last day for making application for the previous year's tax reduction is the 28th day of February in the following year. More specifically, under Section 354, the Treasurer shall recommend to Council that outstanding taxes be stricken from the roll. To strike taxes from the roll it must be by reason of a decision under Section 357 or 358, or of a decision of a judge of any court or that the taxes are uncollectible. An application for a cancellation, reduction or refund may be made for one of the following reasons: • Ceased to be liable to be taxed at rate it was; • real property becomes exempt; • razed by fire, demolition or otherwise; • damaged by fire, demolition or otherwise (substantially unusable) • removal of a mobile unit; • sickness or extreme poverty; • gross or manifest clerical error; and • repairs/renovations preventing normal use of period of 3 months. The 357 and the 358 process begins when an application is prepared by either the Regional Assessment Office or the Tax Department. The neighbourhood assessor will perform an on-site inspection of the property. The assessor will verify the reason for the application, the period of time, for which the tax relief is claimed, and the amount and type of assessment that is affected. The application is then sent back to the Tax Department where the actual tax adjustment is calculated and the taxpayer's account adjusted. Section 356, deals with severances or divisions into parcels. These parcels of land were taxed in blocks in the year(s) prior to severance/consolidation. Taxes are being apportioned to the individual properties which are now severed/consolidated. Therefore, tax amounts are removed from one roll number and applied to another roll number as determined by MPAC. 1302 REPORT NO.: FND-001-07 PAGE 3 The total amount of taxes to be written off, for November 1 to December 31, 2006, as shown in this report total $10,462.81. The total for the 2006 calender year is $55,154.58. This total represents the Municipality's share only. For comparison the values of taxes written off under Section 357 and 358 at December 31, 2005 was $55,023.15 for the municipal portion only. Attachment: Attachment "A" -Write-Off Report November 1 to December 31, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1303 W C) A Write-Off Report 2006 For the Period of-November 1 to December 31, 2006 Date Person(s)Taxes Adj/WTX Commercial Residential Year Reason Claimed by Ref. No. Industrial etc Farm Adjusted Applicant Applicant Number Municipal Managed Forest For Municipal Nov-06 Tanner Clayton WTX 404 624.35 2006 MPAC Overcharge Clerical Error Nov-06 Booth Steven WTX 404 571.05 2006 MPAC Overcharge Clerical Error Nov-06 Wright Edgar WTX 404 30.46 2006 Fire, Demolition Etc Nov-06 1138337 Ontario Inc WTX 404 380.70 2006 MPAC Overcharge Clerical Error Nov-06 Schickedanz Bros Limted WTX 404 34.26 2006 MPAC Overcharge Clerical Error Nov-06 Schickedanz Bros Limted WTX 405 881.00 2000-2005 MPAC Overcharge Clerical Error Nov-06 1098431 Ontario Inc WTX 405 774.78 2000-2005 MPAC Overcharge Clerical Error Nov-06 Phip Limited WTX 405 199.94 2005 Fire, Demolition Etc Nov-06 Timmins Terrence WTX 405 48.29 2005 Fire, Demolition Etc Nov-06 172965 Canada Limited WTX 406 750.19 2006 Fire, Demolition Etc Nov-06 Phip Limited WTX 406 476.39 2006 Fire, Demolition Etc Nov-06 Timmins Terrence WTX 406 227.98 2006 Fire, Demolition Etc Nov-06 1098431 Ontario Inc WTX 406 1,153.85 2006 Fire, Demolition Etc Nov-06 Kelso Jeffrey WTX 407 36.88 2006 Fire, Demolition Etc Nov-06 Clarington Municipality WTX 407 50.26 2006 Property Became Exempt Nov-06 Transportation Ministry WTX 407 68.53 2006 Ceased to Be taxed at rate Nov-06 Transportation Ministry WTX 407 (251.12) 2006 Ceased to Be taxed at rate Nov-06 Transportation Ministry WTX 407 323.60 2006 Property Became Exempt Nov-06 Transportation Ministry WTX 407 232.22 2006 Ceased to Be taxed at rate Nov-06 Pappin Kathy WTX 407 574.96 2006 MPAC Overcharge Clerical Error Nov-06 Boucaud Mark WTX 408 637.26 (288.92) 2005 Mobile Unit Removed Nov-06 290572 Ontario Limited WTX 408 208.44 2004 MPAC Overcharge Clerical Error Nov-06 290572 Ontario Limited WTX 408 169.84 2004 MPAC Overcharge Clerical Error Nov-06 Transportation Ministry WTX 408 850.99 2002-2004 Ceased to Be taxed at rate Nov-06 Transportation Ministry WTX 408 59.82 2004 Ceased to Be taxed at rate Nov-07 Transportation Ministry WTX 408 (994.95) 2005 Ceased to Be taxed at rate Nov-06 Transportation Ministry WTX 408 (715.10) 2005 Ceased to Be taxed at rate Nov-06 Transportation Ministry WTX 408 440.08 2004-2005 Ceased to Be taxed at rate Nov-06 172965 Canada Limited WTX 408 1,334.85 2004-2005 Fire, Demolition Etc Total Page 1 of 2 5,603.53 3,287.35 W C) A Total Page 2 of 2 5,466.87 4,995.94 Grand Total To Be Written Off Not Including Minutes of Settlements, $ 10,462.81 or ARB Decisions For the Period of November 1st,2006 to December 31, 2006 CA) 0 Ul Write-Off Report 2006 For the Period of-November 1 to December 31,2006 Date Person(s)Taxes Adj/WTX Commercial Residential Year Reason Claimed by Ref. No. Industrial etc Farm Adjusted Applicant Applicant Number Municipal Managed Forest For Municipal Balance Forward from Page 1 5,603.53 3,287.35 Dec-06 Roll Severed to 4 Lots WTX 409 0.00 2006 Severance/Consolidation Dec-06 Roll Severed to 4 Lots WTX 409 0.00 2006 Severance/Consolidation Dec-06 Roll Severed to 2 Lots WTX 409 0.00 2006 Severance/Consolidation Dec-06 Roll Severed to 2 Lots WTX 409 0.00 2006 Severance/Consolidation Dec-06 Roll Severed to 2 Lots WTX 409 0.00 2006 Severance/Consolidation Dec-06 Roll Severed to 3 Lots WTX 409. 0.00 2006 Severance/Consolidation Dec-06 Roll Severed to 2 Lots WTX 409 0.00 2006 Severance/Consolidation Dec-06 Roll Severed to 2 Lots WTX 409 0.00 2006 Severance/Consolidation Dec-06 Roll Severed to 2 Lots WTX 409 0.00 2006 Severance/Consolidation Dec-06 Transportation Ministry WTX 410 673.08 2000-2003 Ceased to Be taxed at rate Dec-06 Beaver Fuel Management WTX 411 470.01 2006 Fire, Demolition Etc Dec-06 172965 Canada Limited WTX 411 (606.67) 1,035.51 2006 Fire,Demolition Etc Total Page 2 of 2 5,466.87 4,995.94 Grand Total To Be Written Off Not Including Minutes of Settlements, $ 10,462.81 or ARB Decisions For the Period of November 1st,2006 to December 31, 2006 CA) 0 Ul Qqr REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, FEBRUARY 19, 2007 Resolution #: Report #: FND-002-07 File #: By-law #: Subject: CASH ACTIVITY— FOURTH QUARTER OF 2006 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-002-07 be received; 2. That in accordance with provision of Chapter 25, Section 268 of the Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the fourth quarter of the year 2006, as shown on the attached schedule; and 3. That part "A" of the expenditures for the fourth quarter of the year be confirmed. .o �� Submitted by: � � ' Reviewed b . �) A,—� Nancy Tay1 r, B. ., C.A., Franklin Wu, Director of Finance. Chief Administrative Officer. NT/AA/nma 1306 REPORT NO.: FND-002-07 PAGE 2 BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions for the fourth quarter of 2006,the cash investment position, the taxes receivable position with the comparative information for the month ending December 31, 2005 and statistical information for the fourth quarter of 2006: Attachments: Attachment A—Analysis of Revenue and Expenditures — Fourth Quarter of 2006 Attachment B — Continuity of Taxes Receivable—As at December 2006 Attachment C — Statistical Information —As at December 2006 Attachment D — Investments Outstanding —As at December 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)6234169 1307 CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART'W' Analysis of Revenue and Expenditures for the Fourth Quarter of the Year 2006 Fourth Quarter ou ua er 2006 2005 REVENUE RECEIVED FOR GENERAL OPERATING AND RESERVE FUND PURPOSES: GENERALITAX PAYMENTS RECEIVED 18,761,617 15,032,311 FEDERAL GAS TAX REVENUE 340,430 680,859 CANADIAN WASTE-RENT AND ROYALTIES 115,653 50,037 DEVELOPMENT CHARGES-MUNICIPAL 1,482,215 849,728 DEVELOPMENT CHARGES- REGION 1,837,624 1,151,401 DEVELOPMENT CHARGES-SCHOOL BOARD 263,971 147,367 INTEREST 512,656 429,765 23 314,166 18,341 468 USE OF FUNDS: PAYROLL 5,458,112 5,051,288 REGION LEVY 12,637,937 1,509,194 SCHOOL BOARD LEVIES 8,112,928 12,665,887 GENERAL-INCLUDING CAPITAL EXP.'• 22,893 313 15,830 070 49,102,290 35,056,439 NET CASH PROVIDED(USED) 25,788,124 (16,714,971 BALANCE PROVIDED BALANCE BALANCE FINANCIAL POSITION: SEP.30.2006 / USED DEC. 31,2006 DEC. 31, 2005 GENERAL FUND 21,166,396 (16,677,940) 4,488,456 6,696,420 RESERVE FUND 1,335,372 (201,362) 1,134,010 713,194 MUNICIPAL BOND INVESTMENTS 2,768,830 28,582 2,797,412 2,685,522 HOST COMMUNITY FUND IN TRUST 10,000,000 0 10,000,000 10,000,000 INVESTMENTS(GENERAL+ RESERVE FUNDS) 51,709,743 8,937,404 42,772,339 39,833,552 TOTALS 86,980,341 (25,788,124)1 61,192,217 1 59,928,688 BANK BALANCES AS AT: OCT. 31,2006 OCT.31,2005 NOV. 30,2006 NOV. 30,2005 GENERAL FUND 6,404,249 5,660,188 5,715,276 8,725,662 RESERVE FUND 940,858 1,869,991 955,550 128,342 MUNICIPAL BOND INVESTMENTS 2,778,144 2,667,374 2,787,464 2,676,269 NOTE 1: Difference in comparison between years due to timing difference in receipt of funds. 1308 ORPORATION OF THE MUNICIPALITY OF CLARINGTON - PART"B" ontinuity of Taxes Receivable for the Fourth Quarter of the Year 2006 Sep 30,2006 -- DECEMBER DECEMBER BEG.BALANCE INTEREST TAXES PAYMENTS/ 2006 2005 RECEIVABLE I ADDED BILLED BALANCE ADJUST."' PREPAID TAXES Note 7 1 745 236 1 558,484 URRENTYEAR TAXES 10,432,304 1,097,566 11,529,870 (8,679,773) 2,850,097 2,843,818 PENALTY AND INTEREST 171,768 235,339 407,107 168 184 238.923 202,318 IRST PRIOR YEAR TAXES 1,978,936 125,602 2,104,538 (579,106) 1,525,432 1,482,192 PENALTY AND INTEREST 225,875 69,238 295,113 101 177 193.936 176,860 SECOND PRIOR YEAR TAXES 801,371 8,187 809.556 (204,423)- 605,135 612,764 - PENALTY AND INTEREST 141,913 27.067 168.980 44 784 124,196 117 601 HIRD&PRIOR YEARS TAXES 797,093 - 797,093 (118,773) 678,320 578,143 PENALTY AND INTEREST 1 295,263 27 063 322,326 32 650 289,676 240,560 OTAL 14,844,523 358,707 1,231,355 16,434 585 (9,928,87 6,505,715 6 254 256 Includes refunds,write-offs,496's,etc. NOTE 1: Prepaid taxes include property tax preauthorized payment program(PAP). 1309 CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "C" STATISTICAL INFORMATION for the Fourth Quarter of the Year 2006 Year to Date Tax Certificates 182 858 Number of Properties eligible for Tax Registration Note 1 28 Note 2 Accounts Payable Cheques Issued 079811 to#081579 1,572 6,762 Number of Marriage Licences Issued 35 304 Number of Births Registered 3 9 Number of Deaths/Stillbirths Registered 197 636 Note 1: Only includes those properties whose arrears are greater than $20,000. Note 2: Number of eligible properties for tax registration not applicable for year-to-date comparison. 1310 CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING PART "D" AS AT DECEMBER 31, 2006 O1 FINANCIAL INVESTMENT JINTERESTJ#OF DAYS MATURITY MATURITY INSTITUTION COST RATE I O/S VALUE DATE GENERAL FUND MTL 1,995,300.00 4.29% 20 2,000,000.00 Jan. 11107 [TOTAL GENERAL FUND 1?9± 5OOtSQ RESERVE FUND RBC 5,094,062.47 4.10% 1578 6,058,590.00 Oct. 01/10 RBC 999,999.54 4.20% 1941 1,244,090.00 Dec. 02111 RBC 2,221,742.00 4.30% 1826 2,742,301.29 Sep. 18111 RBC 664,993.00 4.25% 1096 753,434.00 Aug. 29/09 RBC 1,681,851.79 4.35% 1826 2,080,894.41 Mar. 06111 RBC 1,379,343.53 4.65% 2085 1,787,409.00 Dec. 01/08 RBC 739,938.86 3.55% 1704 869,800.00 Oct. 05/09 RBC 1,500,000.00 4.10% 1827 1,833,770.00 Dec. 06/10 RBC 500,000.00 4.00% 1827 595,239.37 June 21/08 RBC 481,878.00 4.45% 1827 599,072.41 Mar. 04/08 RBC ' 970,000.00 3.50% 1102 970,000.00 Mar. 19/07 RBC 1,815,962.00 5.00% 1825 1,815,962.00 Feb. 07/07 RBC ' 1,480,000.00 4.30% 1096 1,480,000.00 Feb. 10/07 RBC 208,000.00 4.35% 1830 257,351.00 May 12/08 RBC 550,000.00 4.10% 1095 550,000.00 Oct. 14/07 RBC 1,143,285.67 3.80% 1547 1,338,742.00 Dec. 15108 RBC 733,772.63 3.85% 1980 900,445.00 Jun. 02/10 RBC 776,152.23 4.35% 2059 986,467.00 Dec. 01/11 RBC 2,061,000.00 4.25% 1,095 2,061,000.00 Dec. 03/07 RBC 4,180,000.00 3.75% 730 4,180,000.00 Jun. 30/07 RBC 1,500,000.00 5.50% 1694 1,500,000.00 Dec. 20/07 RBC ' 906,000.00 4.25% 1095 906,000.00 Sep.29/07 RBC 372,440.00 4.40% 1826 461,912.00 May 28/09 RBC 1,520,617.00 5.35% 1826 1,973,297.00 Mar.15/07 RBC 1,000,000.00 4.45% 1827 1,243,203.49 Aug. 09107 HSBC 2,500,000.00 4.30% 90 2,526,506.85 Jan. 23/07 RBC 3,796,000.00 4.00% 730 3,796,000.00 Jul. 29/07 OTAL RESERVE FUND (3 OTALINVESTMENTS 42a77j3Ts€ ' Investment interest paid on a monthly/semi-annual/annual basis 1311 Clarin n Leading the way REPORT ADMINISTRATION Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 19, 2007 Report#: ADM-01-07 File: By-law #: Subject: PHYSICIAN RECRUITMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report ADM-01-07 be received; 2. THAT the unexpended funds in the amount of $43,000. in the Industrial Development Reserve Funds be assigned to the Clarington Board of Trade for the purpose of recruiting physicians to Clarington subject to the conditions set out in this report; and 3. THAT the Board of Trade be advised of Council's decision. Submitted by: Franklin Wu Chief Administrative Officer February 5, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 1401 REPORT NO.: ADM-01-07 PAGE 2 1. BACKGROUND 1.1 Family physician shortage in Clarington has been well documented for a number of years. In the past, recruitment effort was generally handled through Lakeridge Health. Apparently, due to budget limitation, Lakeridge Health was no longer able to actively recruit family physicians. As a result, several community volunteers formed a Physician Recruitment Task Force sometime in 2002 trying to bring family physicians to our community. Inasmuch as the Task Force was trying its best, it became apparent that it needed to have the assistance of a professional recruiter to prepare a recruitment plan as well as to undertake the actual recruitment works. 1.2 Subsequently, the Task Force approached the Municipality for financial assistance. On November 8, 2004, Council authorized staff to work with the Task Force to retain a consultant to prepare: a) a recruitment plan; and b) to retain the service of a professional recruiter In February, 2005, Council approved retaining the service of Organization Consulting Ltd. to undertake the above tasks at a cost of$131,000 with the said fund be drawn on the Industrial Economic Development Reserve Funds. At the same time, council established a new Physician Recruitment Committee and directed the new Committee, under the chair of Sheila Hall from the Board of Trade, to work with the consultant. 1.3 The contract with Organization Consultant Ltd required the deliver of a strategic recruitment plan and the recruitment of family physicians over a period of approximately eighteen months. The strategic plan was delivered in the fall of 2005. However, the result of recruitment fell way short of expectation. In fact, by the spring of 2006, it has become obvious to the Committee that the consultant may have under-estimated the difficulties in 1402 REPORT NO.: ADM-01-07 PAGE 3 recruiting physicians due to the severe competition among many physician starving communities. This prompted the Committee to rethink its strategy. 1.4 Instead of relying on the work of a Consultant, the Committee felt that the best chance of success is perhaps doing the recruitment through joint effort by local physicians and community volunteers. In this regard, the Committee Chair recommended to Council that any unexpended fund that would otherwise pay to the consultant be directed to the Committee to continue various physician recruitment tasks. On March 6, 2006, Council allocated a portion of the committed and unused fund in the amount of$38,000. to the Board of Trade to continue physician recruitment. 1.5 Over the summer of 2006, Organization Consultant Ltd continued to struggle to deliver new physician to Clarington. This necessitated the CAO to terminate the contract with the consultant in November, 2006. Of the $131,000 originally approved by council, $45,000 has been paid to the consultant, $5,000 has been spent on miscellaneous items, and $38,000 was advanced to the Board of Trade. This leaves a balance of$43,000 which is the subject of this report. 2. COMMENTS 2.1 The Mayor and CAO have recently met with the Physician Recruitment Chair and the President of the Clarington Board of Trade. The subjects of the discussion were to explore if and when the balance of the $43,000 can be reallocated to the Board of Trade to continue its recruitment works as well as to seek a new delivery model that best delivers physician recruitment. 2.2 On the question of fund reallocation, staff is of the opinion that council should continue its commitment up to the original total amount that was committed by previous council. Therefore, the $43,000 can be reallocated for this purpose. 1403 REPORT NO.: ADM-01-07 PAGE 4 2.3 In our exploration of the best model to deliver physician recruitment, we concluded that the current arrangement is problematic and confusing in terms of mandate and reporting structure. From the point of view of the committee, it acts as a committee of council but it receives its municipal funding through the Board of Trade. This arrangement would seemingly require the committee to report to both the Municipality and the Board of Trade. 3. NEW DELIVERY MODEL 3.1 By significantly involving the local physicians, the current Committee is having some success in recruiting physicians to Clarington. Therefore, a committee format should continue in some form and be supported by the Municipality financially. Since the current Committee is advisory in nature plus the fact that it is not a legal entity set up with proper organization structure and staff to manage revenue and expenses, it would be prudent to have the funds directed to the Board of Trade which can assume the responsibility of physician recruitment without interruption since the Chair of the current Committee is also the Administrator of the Board. 3.2 This new-model will necessitate terminating the current Physician Recruitment Committee and replace it with a new committee working under the umbrella of the Board of Trade. The Board president and administrator are both supportive of the new model understanding that a redefined committee structure and mandate would be needed in order to facilitate more streamlined recruitment tasks. At a Special Meeting held by the Clarington Board of Trade in January, 2007, the Board officially accepted the responsibility of establishing a Physician Recruitment Committee. 3.3 In order to kick start the Committee and in consideration of reallocating the unexpended funds to the Board of Trade, we recommend that the unused portion in the amount of$43,000. in the Industrial Development Reserve Fund be allocated to the Board of Trade subject to the following conditions: 1404 REPORT NO.: ADM-01-07 PAGE 5 a) Committee structure shall consist of a minimum 501/6 membership from physicians, one representative each from the Bowmanville Hospital . Foundation, and from the Orono Medical Foundation; and b) Semi-annual reporting to council on status of activities and accomplishments 4. FUTURE FUNDING Successful physician recruitment most likely requires sustained effort over several years. In this regard, we understand the Board of Trade will be addressing Council in the, not too distant future. 1405 AHMADIYYA MUSLIM YOUTH ASSOCIATION t Introductory Package Love forAll, Hatred forNone "Nations can not be reformed without the reformation of youth" Founder ofAhmadlyya Muslim Youth Association Ahmadiyya Muslim Youth Association Department of Community Relations 90 Ahmadiyya Ave.,Maple,Ont.,L6A 3A4 Tel.:(416)410-MKAC,Fax:(905)303-6525 email:labligh @khuddam.ca Ahmadiyya Muslim Youth Association is a non-profit organization actively involved in numerous community projects. It offers a wide variety of community services to promote mutual understanding, respect and harmony among all communities of the society. Examples of volunteer services provided by us: • Adopt-A-Road or Park • Participate in Food Bank collections • Hold Blood Donation camps • Visit Old Age residences • Hold multi-ethnic Exhibitions along with local communities • Organizing events of World Religions Confeence (WRC)format to promote dialogue and understanding among various faiths • Arranging Book Stalls and exhibitions in public libraries, seminars and other community events. Additional information can be found on our Websites: www.alislam.org or www.ahmadivva.ca. Following provides the brief summary of our organization's activities through its affiliated subdivisions: 1. Humanity First TM HUMANITY FIRSTTM is a leading humanitarian relief and development organization. It seeks to provide disaster relief and community development services to several poverty-affected communities around the world. It supports th a deserving communities through provision of basic human and social needs of the moment, with the goal to build self-sustaining community models in the long run. 2. Run for Vaughan The Run for Vaughan is a barrier-free 10km run in support of the development of the City of Vaughan's first hospital and healthcare facility. The vision of Run for Vaughan is to include members of the Vaughan community, local business and organizations iii an annual 10km run event in support of initiatives for the betterment of the community. Vie have raised $50,000 in last 2 events. 3. Blood Donation We have arranged blood donation camps during conventions arranged by the organization as well as actively participated in blood camps arranged by other organizations. 4. Visits to Old Age Homes Our organization has been arranging visits to Old Age homes to provide various services ranging from simply chatting with elderly residents to serving them in daily tasks. This has Love for All, Hatred for None Nations can not be reformed without the reformation of youth! been a priority for our organization and we I ook forward to get such opportunities in your city also. 5. Food donation Our organization has been a leading member in collecting food for local Food Banks. We have collected more than 50,000 Ibs of food in last few years. Moreover our organization has stood among top 10 donors in a recent food collection drive in GTA. We collected 16000 Ibs of food for Daily Bread Food Bank in Toronto. 6. World Religion Conferences and Colloquia These conferences affirm the value of interfaith interaction, for educating ourselves regarding other faiths and philosophical traditions. The interfaith concept is a unifying vehicle, which can aid us in bringing the reformation of the world nearer to reality. Our organization has held about 150 such conferences and colloquia since 2001 in various Universities and cities like Vancouver, Calgary, Edmonton, Kalona, Toronto, Waterloo, Montreal, Ottawa etc. and has provided a common platform to audience from various religions. 7. Exhibitions and Book Stalls Our local chapters across Canada have been holding exhibitions and Book Stalls in local Libraries and markets. These activities are focused towards creating awareness of true Islamic teachings of peace and harmony amongst the community. 8. Sports Events Our organization has been holding various sports events such as Invitational Basket Ball, Cricket and Floor Hockey tournaments. These sports events help in bringing various communities closer to each other and serve as a foundation for long term relationships. Love for All, Hatred for None Nations can not be reformed without the reformation of youth! Humanity First, USA I About Us Page 1 of I Hurnanitfiy Firsf M; W li.'�� r_ ;uer l3,1 "rw�_ t fius. . Receive . Home About Us HUMANITY FIRST: ................. __............. ......... ___._ _............. _.__... .............._ ........ .........__......... Disaster Relief HUMANITY FIRST USA is a leading humanitarian relief and development organization. It seeks to provide Programs disaster relief and community development services to several poverty-affected communities in the United States and around the world. It supports deserving communities by providing provisions of basic human and Newsroom social needs of the moment,with the goal to build self-sustaining community models in the long run. Picture&Video Gallery Our Mission: Humanity First's mission is to serve disaster struck and socially disadvantaged individuals and families in the Volunteer Services poorer communities in the world. Drawing strength from our global diversity, resources and experience,we aim to: Donate iii Relieve suffering caused by natural disaster and human conflict Contact Us • Promote peace and understanding based on mutual tolerance and respect iii Strengthen people's capacity to help themselves Volunteer Spotlight Our Strategic Initiatives: g . Education:Our Kids, Our Future(elementary schools) ■ Health Services:Gift of Sight • Community Development:Water for Life iii Disaster Relief Organizational Approach: Even the smallest amount ■ International Scope of money can mean the ■ Volunteer driven difference between life ■ Non-partisan service and death"-Naeem • No religious agenda Lughmani Click.here_for more information Humanity First, USA(hftp://www.humanityfimt.org), a 501(c)3-registered charity, is the US chapter of Humanity First International(http://www.humanityfrst.org.uk), which was established in the early 1990's to serve disaster- struck and socially-disadvantaged individuals and families in the poorer communities in the world. Humanity First serves communities worldwide through various projects by driving fundraising activities, engaging volunteers from local communities and our donor base, and partnering with other organizations with similar humanitarian service goals. Humanity First is a volunteer based operating organization whose board of directors, management team, and project staff running the day-to-day operations are all unpaid volunteers with diverse professional backgrounds including business, healthcare.and education sectors.This unique strength allows us to direct more than 90% of all funds raised towards the humanitarian projects we pursue.All personal expenses are met by the volunteers to maximize the use of funds raised and donated for those in need. v Powered by- HUMANITY FIRST'".USA is registered under section 501 (c)(3)of the Internal Revenue Code(EIN#20-0464012) v-Empower Inc. D Copyright by Humanity FirstT.,USA 2005.All rights reserved. http://'www.humanityfirst.org/asp/aboutus.asp 5/18/2006 Humanity First Page 1 of 1 English I Frans Humanity First Canada 411 i Humd-rffy Fl rat Change cannot your Home I About us I Organization I Our Objective I Our Vision I International Projects I Contact us Thursday, May 1$2006 Donations i �q �ll �i Home _ _ Our Objective About us _--......._..__..—___—_......_._- Organization _ • Relieve peoples suffering caused by natural disasters Our Objective 1 or human conflicts. Our Vision • Eradicate poverty and homelessness by promoting International Projects _ and providing education to poor children and by -------- establishing business ventures and small industries. __......._Learn Skill _.__...._—._- • Provide health care through establishing basic health Water for Life units in deprived communities. Orphan Care Gift of Sight Humanity First targets to provide financial,technical and _—__.......- -_---_............ . We Need You volunteer support in the sectors of Health, Education, Food, ------ --------_--- Welfare, Shelter and community development. Contact us j Donations The main objective of Humanity First is to eradicate poverty, Humanity First homelessness,fight drug abuse and family violence,while providing health and education. i #t Another objective is to relieve people's suffering due to natural disasters or human conflicts, providing short term immediate actions in emergency situations i.e. disaster-relief such as after an earthquake. Humanity First promotes peace and harmony among people coming from different backgrounds by: Establishment of schools and hospitals in underdeveloped areas and urban planning and construction of water and sanitation systems. Basic health care: by providing specialist medicine, open small clinics, hospitals, nutrition and hygiene or first aid and provide affordable medication to the rural population and promote a healthy rural environment. Small enterprise development:the development of basic entrepreneurial efforts,creating small businesses and employment opportunities for low income people. It provides humanitarian aid,technical support and skilled volunteers to implement small scale and self sustaining development. Home I About us I Organization I Our Objective I Our Vision international Projects Contact us 1 Donations ?Copyright 2005 Humanity First http://www.humanityfirst.ca/ourobjective.php 5/18/2006 Humanity First, USA I Chronological activities for Katrina Relief Pagel of 2 Humanity First" malw lic�!�nri, .nu±!;;!r!titi. BuJd ii:u:�� Receive Updates S Donate Now Home Hurricane Katrina Relief: AboutUs ........ .. .............. ....___..... .............. Disaster Relief Situation: Hurricane Katrina ravaged the Gulf Coast region on August 29, 2005 as a Category 4 storm. With storm surges Programs up to twenty feet high, levees broke around New Orleans and flooded the city for weeks, killing thousands of people and leaving millions more displaced. Mississippi and Alabama were also hit by the hurricane, destroying Newsroom whole towns and leaving wreckage at every corner. Picture&Video Gallery Humanity First Approach: Humanity First USA acted quickly in this disaster, sending in teams of medical personnel and cartons of tents, Volunteer services food, and water to help those in need.With thousands needing medical care, Humanity First joined services with the Red Cross in Gonzales, Louisiana and the National Guard to set up temporary relief clinics. Humanity Donate First also collaborated with Continental Airlines to provide free tickets and suitcases to help displaced victims with their transportation needs. Results: Contact Us ■ Teams of physicians flew in from around the United States and provided care to 1084 victims. Volunteer Spotlight ■ Humanity First made 55 supply runs to the Mt.Zion Baptist church and other area shelters, providing food,water, diapers, paper products, etc. ■ Humanity First has provided transportation to several hundred displaced victims by transporting them to government offices, bus stations,and places of employment. ■ Humanity First received$106,000 from generous donors, including one$20,000 donation. ■ Humanity First donated a Wireless Network to the Baker City School system in Louisiana • Humanity First donated $10,000 to buy winter coats for 300 students at Plaquemine Parish Schools in Louisiana Next Steps: Humanity First is currently working on it's Phase Two relief initiative called Restoration of Life, which includes Even the smallest amount helping two schools assisting families in rebuilding process.Volunteers are assisting in finding families to adopt of money can mean the displaced victims as well as starting a program to assist schoolchildren affected by the disaster. difference between life and death"-Naeem The following are daily reports summarizing Humanity First's work in the hurricane ravaged cities and the help Lughmani Click here for that is being provided to the victims there. more information Video Files: Humanity and First ■ Watch the interview-1 ■ Watch the interview-2 ■ Watch the interview-3 • Watch the interview-4 ■ Watch the interview-5 • Watch the interview-6 ■ Watch the interview-7 ■ Watch the interview-8 • Watch the interview-9 Chronoloaical Activities for Hurricane Katrina Relief http://www.humanityfirst.org/asp/katrinaReliefasp 5/24/2006 Humanity First, USA Chronological activities for Katrina Relief Page 2 of 2 October 16 a. Humanity First volunteers picked up supplies for future supply runs. JJJ b. Humanity First volunteers provided transportation to 3 individuals: 1 person was transferred to the FEMA office while 2 others were transported to BTR. . October 15 a. The Humanity First physician saw 7 patients today bringing the cumulative number of patients treated to be 1084. b. Humanity First volunteers provided transportation to 3 individuals to the FEMA office. c. Humanity First volunteers are working to begin an assistance program with school children affecte, by the disaster. This will be part of the Phase II rebuilding process. October 14 a. The Humanity First physician saw 14 patients bringing the cumulative number of patients treated ti be 1077. b. Humanity First volunteers provided transportation to 10 individuals:2 people were transported to If Greyhound bus station, 3 people to an employment agency in Gonzales, 1 person to Amtrak statio in Slidell, 1 individual to DMV as well as the Social Security office, 1 individual to visit his mother at an elderly home because he is relocating to another state, and 2 individuals to the airport in downtown Baton Rouge. Povered by- HUMANITY FIRST-',USA is registered under section 501 (c)(3)of the Internal Revenue Code(EIN#20-0464012) V-Empower Inc. 6?Copyright by Humanity First-",USA 2005.All rights reserved. I http://www.humanityfirst.org/asp/katrinaRelief.asp 5/24/2006 Humanity First, USA I Other Disaster Relief Efforts Pagel of 2 Humanitty Firsfi Receive Updates Donate Now, Home About Us Other Disaster Relief Efforts ................ .......... . ..............._. ... Disaster Relief ■ Florida Hurricane Charlie Relief Programs ■ Guyana Flood Relief ■ Iran Earth Quake Relief Newsroom ■ Liberian Civil War Relief Picture&Video Gallery Florida Hurricane Charlie Relief: Volunteer Services Situation: Donate In August of 2004 several coastal areas in the state of Florida were hit but a series of hurricanes. Hundreds of Contact Us thousands of local residents were affected by these natural disasters. Volunteer Spotlight Humanity First Approach: Humanity First, USAjump started a relief operation where several volunteers from Miami drove to the effected _ community of Punto Gorda, one of the hardest hit Florida towns, and helped local residents with their immediate needs. Results: ■ Several hundred people were given aid in the form of daily supplies ■ Over$5,000 worth of canned food,over the counter medicine, baby food, and diapers were supplied to Even the smallest amount families in need of money can mean the ■ Humanity First partnered with Volunteers of America to distribute supplies difference between life and death"-Naeem Lughmani Click here for more information Guyana Flood Relief: Situation: The South American country of Guyana was hit with record rainfall and resulted with Flooding in the early weeks of 2005. Hundreds of thousands of Guyana citizens have been affected by this natural disaster. The coastal region was hit the hardest with over 300,000 people displaced from their homes. Humanity First Approach: Humanity First, USA collaborated with Humanity First Guyana and helped setup food distribution and medical camps in the Annandale at East Coast Demerara and the Plaisance region. Three teams of volunteer doctors and other support personnel were sent to staff and operate medical camps by providing treatment to address the risk of water borne infectious diseases and other medical treatment to injured victims. Results: ■ Over 8,362 boxes of meals were distributed among affected residents ■ Humanity First, USA immediately sent more than $10,00 worth of medicine along with the first batch of volunteer doctors to provide relief in the medical camp • Three teams of volunteer doctors were sent from the USA who were able to treat approximately over 4,500 patients • In conjunction with the Guyanese Embassy Humanity First USA shipped three containers of supplies for flood victims.These containers carried over$700,000 worth of medical and food supplies • Another container was sent to Guyana from the UK on behalf on Humanity First USA carrying emergency food and medical supplies. http://www.humanityfirst.org/asp/OtherDisasterReliefEfforts.asp 5/24/2006 Humanity First, USA Other Disaster Relief Efforts Page 2 of 2 ■ The President, Prime Minister, Minster of Health, and other dignitaries all expressed their appreciation of Humanity First's relief efforts in Guyana for Flood victims. Next Steps: As a result of Humanity First's relief efforts to Guyanese flood victims, a donor donated has donated a complete building to Humanity First to setup a computer-training center for the benefit of local residents. Iran Earth Quake Relief beeing updated... Liberian Civil War Relief: Situation: Since the 1980's Liberia has been through a cycle of bloody civil war. Many of the poorer communities have been deeply impacted with the instability of the situation and lack of basic human necessities. Humanity First Approach: Humanity First, USA initiated a relief project to help the internally displaced people of Liberia with food and clothing. Clothing was collected from the United States along with generators and chainsaws to help in the construction of houses for resettlement of the displaced victims. Results: ■ Assisted over 3.736 people in extreme need ■ 10,00 Ibs of clothing shipped to Liberia ■ 44,000 Ibs of rice distributed to the needy ■ Generators and chainsaws donated to build new housing Next Steps: Setting up vocational training centers Assisting farming needs of the communities 1W Powered by- HUMANITY FIRST f' USA is registered under section 501 (c)(3)of the Internal Revenue Code(EIN#20-0464012) u Empower Inc C,Copyright by Humanity First -.USA 2005.All rights reserved. http://www.humanityfirst.org/asp/OtherDisasterReliefEfforts.asp 5/24/2006 Run for Vaughan/About Page 1 of 1 • .,4u1Vaughan n SUNDAY SEPTEMBER 26, 2004 Ran,foX or Walk,in support at Vaughan's Future Hospdal mid About the Event loin the Event Make a Pledge Participants Prizes News Letter Sponsors FAQ's Contact Run for Vaughan About the Event The Run for Vaughan is an exciting event in support of the * Mission/Vision development of the City of Vaughan's first hospital and healthcare facility. Run Route '* News Releases The City of Vaughan is a vibrant place to live and work and the rapid growth of our community reflects that fact. The annual Run for Vaughan will make important contributions to our community by raising money to support key initiatives that will benefit our City and its people. This year, net proceeds of Run for Vaughan will support the Michael Di Biase Charitable Foundation Inc., a not-for- profit foundation being established by the City of Vaughan. Great communities don't just happen - they're built through partnership, teamwork and community spirit. So join us on September 26th - run for your community - run for accessible healthcare - Run for Vaughan! http://www.runforvaughan.com/about/about0l.htm 5/24/2006 Run for Vaughan/ Sponsors Page 1 of 2 • SUNDAY A41un SEPTEM13ER Vaughan 26, 2004 Rule,Jog or Walk, in support of Vaughan's Future Hospital About the Event join the Event Make a Pledge Participants Prizes News Letter Sponsors FAQ's Contact Sponsors Government August 17, 2004 Sponsorship Guide Endorsement &Support Dear Friends, " Mario Ferri Michael Di Biase Re., The "Run for Vaughan'; September 2 Greg Sorbara 6, 2004, in Maurizio Supportof a first Hospital in the City of Bevilacqua Vaughan fr Peter Meffe As you know, we need a hospital in Vaughan to serve a population that will reach 300,000 in the 1�s,oP':aughan next decade. Currently there Is none. Vaughan, and its City AM, Council, are working hard to change Vauq_har Citizen that. We need your help in obtaining the first hospital in the City &Vaughan. G.d ._acada Bread On behalf of Vaughan Council, I am asking that you, your firm, and Mann- tiroup your employees take part in CHI% radio this year's second annual "Run for Vaughan", on September 26, 2004. Silver Bell Canada Our first Run, last year, was a great success_ More than 2,000 RBC Puvai Bank runners and walkers from across ka',rbov' the GTA participated, and event sponsors received great coverage. Mec'?an;cal This year's will be even better! Pw,� v.-,v Homes Please have a look at the attached 2004 "Run for Vaughan" Sponsorship Guide, In it you will find details of`ive convenient Sponsorship levels, starting at only $300. This is a great way to Brocze support New 'Oro Platino .5.Pousbing your community and promote your business at the same time. For �e?,:iier the optimum coverage, please return your sponsorship form as Partnersnip soon as possible directly to the "Run for Vaughan-organizers. Brock Aggregates http://www.runforvaughan.com/sponsors/michael.htm 5/24/2006 Run for Vaughan/ Sponsors Page 2 of 2 H, rory null Group We are asking for your help, so please consider a corporate team, ' >olniar Horne, and in publicizing the Run, in addition to a sponsorship. With the � help and support of local business, several hundred thousand " csgmre Homes dollars have been raised towards the hospital (through our new "Vaughan Health Care Foundation", a registered charity for that Grc,!ccts purpose), but there is still a long way to go. tyIW-1 D.....,r Should you need any further details, please consult the "Run for Vaughan°web-site at: G.uog .et hao!sgses www.runforvaughan.com ` Mr,a^� Grouo On behalf of Vaughan Council, we appreciate your consideration of corporate the attached package, and for your support in making the first hospital for Vaughan a reality. We look forward to thanking you in person, on September 26 th. Sincerely, Michael Di Biase Mayor http://www.runforvaughan.com/sponsors/michael.htm 5/24/2006 Run for Vaughan/ Sponsors Page 1 of 2 • SUNDAY un SEPTEMBER Vaughan 26, 2004 Run,log or Walk,in support of Vaughan's Future Hospital About the Event join the Event Make o Pledge Participants Prizes News Letter Sponsors FAQ'S Contort Sponsors Government August 20, 2004 Sponsorship Guide Endorsement &Support "Run for Vaughan"— September 26, Mario Ferri 2004 Michael DiBiase The "Run for Vaughan", now in its 2nd year, Greg Sorbara is already becoming recognized as a major Maurizio annual community fundraising event in the Bevilacqua City of Vaughan. Last year, for the first time, ` Peter Meffe it brought together community residents, businesses and organizations to help raise $50,000 for the Vaughan Healthcare Foundation. '.:av c� aoghar, On Sunday, September 26, 2004 the °Run for Vaughan" is hoping -" AMf to achieve even greater success by setting a goal to surpass last Vaughan Citizen year's achievement. This goal, established to benefit the Vaughan community, can best be reached with sponsorship support and active participation from the community itself. The funds raised will o''- once again be put towards building Vaughan's first hospital and r Canada Bread healthcare facility. ,. Maxio i=.rnup Whether you choose to personally join the run or decide to be a _i-+iN R.adlo sponsoring spectator, your help is vital to the success of this year's event. Your energy, community spirit, support and generosity is Silver greatly appreciated and will certainly make a difference in the "Run Be for Vaughan" and in your community, N Casa,�a ' RBC Rcyal Bank Sincerely, Mechanical _ ' Country Forties First View Homes r Mario F. Ferri _aew �o, Plating & Po;i_t=ing Regional Councillor Partnership ' Brock Aggregates http://www.runforvaughan.com/sponsors/feffi.htm 5/24/2006 Run for Vaughan/ Sponsors Page I of 2 • 4UT,aughan suvunv . 5EPTEhiBE 26, 2004 4 Run,Jog or hulk, in support of Vaughan's Future Hospital About the Event join the Event Make a Pledge Participants Prizes flews Letter Sponsors FAQ's Contact Sponsors Government August 13, 2004 Sponsorship Guide > Endorsement &Support Run for Vaughan 2004 Mario Ferri . Michael DiBiase The annual Run for Vaughan event is fast Greg Sorbara approaching, and I hope that you have marked Sunday, September 26th off on your Maurizio calendar! This year's event promises to be Bevilacqua more exciting than ever as we try to outdo 3 Peter Meffe last year's contribution of $50,000 to the Vaughan Healthcare Foundation. Plane;;m. I would like to take this opportunity to emphasize the importance ` -;tp f vaugnar of this exciting event. Currently, Vaughan is the largest city in Canada that does not have a heathcare facility of its own and it is time that the availability of health care services in this community be expanded to meet demand. But, building a healthcare facility is a project of enormous magnitude. Estimates have predicted that " Gow about $100 million will be needed to set-up a healthcare facility in ' `_'.arada Bead Vaughan. Yet, if the success of last year's Run for Vaughan event is - Ma xlm Grn:,p any indicator, this city is definitely up to the challenge! lN;k, Pan'o Run for Vaughan is a community-wide fundraising event, and a great opportunity for both social and physical activity - everyone is Silver encouraged to join. The 10km route is suitable for adults and ' Be: Canada children, amateurs and professionals, runners, joggers and walkers, making it an event that truly reflects the collective spirit RS_ floya Bank of our vibrant community. It is an outstanding way to be fit and have fun with your friends and family while raising money for more Mocha e;ca accessible healthcare in our community. acmes FP..j d.ew roar es We need your help in order to make Run for Vaughan a success. Please become a sponsor and help repeat last year's inaugural success. The enclosed sponsorship package outlines the various Brcrz::^ sponsorship opportunities available that will benefit both the platir • community and your business. ' Ze=c er We hope we can count on your support. Pa,^.,1,5h:;; Brc_k Aggregates Yours sincerely, Greg Sorbara, M.P.P. http://www.runforvaughan.com/sponsors/greg.htm 5/24/2006 World Religions Conference- Home Page Page 1 of 2 Official Website WORLD RELIGIONS CONFERENCE All Navigation Menu Recent WRC... >>Quick Links << Home X UVth World Religions Conference Message from His Holiness Silver Jubilee Event Hadral Khalifatul Masi'V (as),supreme head of the Theme: Why Religions Ahmadiyya Movement in Last Year s Event Islam sends a message to the delegates of the XXIV WRC Archives Held Saturday, October 2, 2004 World Religions University of Waterloo, Ontario, Canada Conference-more Speakers Zone Message from the Premier of Other Ontario On behalf of the 7i r Government of t Ontario, I am delighted to extend Q warm greetings to everyone i participating ...more PhotOGallerie5 Message from the Chief Justice of the Supreme Court of Canada WRC Mission Endeavours such as We affirm the value of the World Religions interfaith interaction,for educating ourselves regarding Conference are vital other faiths and philosophical for they traditions.The interfaith demonstrate to the concept is a unifying vehicle, Waterloo - October 2, 2004 - The XXIV world that des ite which can aid us in bringing P the reformation of the world World Religions Conference was held at the richness of our I/ nearer to reality. the Humanities Theatre, University of differences,we have so much in Waterloo, Ontario, Canada with great common ...more New Additions success. Photogallery XXV Word Religions Conference Visit our new Silver Jubilee Event Distinguished scholars from various faiths I fii online Speaker Profiles of Silver Jubilee and philosophical traditions, i.e. Aboriginal Event Peoples' Religions, Hinduism, Buddhism, Photogallery of Judaism, Christianity, Islam, Sikhism and memories from Abstracts of Proceedings-Silver Atheism deliberated at the conference and the past several Jubilee World Religions presented the deepest understandings of conferences. View over 400 Conference their respective faiths on the need of images ...more religion in the present day of age. Faith Fill out a Survey groups presented special spiritual poems If you attended the XXIV World Search this Site I and songs, and set up displays and Religions Conference-Oct 2, exhibits. 2004, Please fill out a survey to help us improve future Over 800 from diverse religious, cultural, conferences...more social and academic background attended the event. Several local, provincial and national leaders also attended and delivered greetings to the delegates. [more http://www.worldrel igionsconference.org/wrchome.php 5/18/2006 World Religions Conference - Speaker Profiles - Silver Jubilee Event Page 1 of 4 Official Website Speaker Profiles of the )=World Religions Conference Presided and Moderated by Dave MacDonald, Anchor/Reporter CKCO-CTV Ontario, Canada Dave was born in London Ontario, but grew up in Vienna, a small village of 400 near Tillsonburg. After Navigation Menu completing high school in Tillsonburg, he joined the weather service, and worked in Toronto for a few years, before being transferred to the Kitchener- Home Waterloo area in 1968. Dave has been involved in Silver Jubilee Event radio and television broadcasting since that time, and has been with Kitchener's CKCO-TV for almost 36 Last Year's Event years. He has been involved with Faith FM for about 10 years and is currently serving as the General WRC Archives Manager of this new Christian radio station. Dave speakers zone attends Bethany Evangelical Missionary Church in Kitchener. He has been on the organizing committee Other of the March for Jesus, and Festival '96 with Franklin Graham. Dave enjoys public speaking and is often asked to be the guest speaker at service clubs and church groups. He has hosted a few concerts and was ldl;y recently the worship leader at the morning church # service at the International Plowing Match before a ° = congregation of over 2000 people. Photo ,alleries The following is the line-up speakers representing various faiths and philosophical traditions selected for the Silver Jubilee World Religions Conference on the theme "The Basis and Concept of SAL VATION', scheduled for October 1, 2005 at the Centre in the Square, Kitchener, WRC Mission Ontario, Canada. The Order of speakers was determined via random draw held during a news We affinn the value of interfaith conference on Au interaction,for educating gust Z 2005 at the City of Kitchener Ha//. The speakers are listed in this ourselves regarding other determined order. faiths and philosophical traditions.The interfaith 1. Dr. Mary Marroeo - Toronto, concept is a unifying vehicle, which can aid us in bringing the Ontario, Canada reformation of the world nearer to reality. Representing Christianity New Additions XXV world Religions conference A Roman Catholic laywoman, completed doctorate in Silver Jubilee Event patristic theology at the Toronto School of Theology. Speaker Profiles of silver Jubilee Founder of St. Mary of Egypt Refuge, a place of Event healing and retreat for women, children, and persons Abstracts of Proceedings-Silver in need. For the Canadian Council of Churches, serves Jubilee world Religions the Faith and Witness Commission, which includes Conference fostering theological dialogue among twenty churches, serving the Council's Biotechnology Reference Group, Search this Site f and monitoring inter-faith relations. Associate Secretary for the Commission on Faith and Witness for Canadian Council of Churches, Toronto. 2. Imam Azhar Haneef - - Philadelphia, USA http://www.worldreligionsconference.org/25_documents/25_speakers.php 5/21/2006 World Religions Conference- Speaker Profiles - Silver Jubilee Event Page 2 of 4 Representing Islam Served as a full-time missionary of the Worldwide Ahmadiyya Muslim Community for sixteen years. A second generation, American born Muslim and a graduate of Long Island University in New York, where he played basketball and earned a B.A. in Psychology. Graduate of Jamia Ahmadiyya (An Islamic Seminary) in Rabwah, Pakistan. Imam Haneef is a prolific speaker, an experienced writer, lecturer, editor, and translator. Presently responsible for the 61 60" spiritual and moral training of the Muslim Community in Philadelphia. 3. Kuldeep Singh - Toledo, Ohio, USA Representing Sikh Religion President Sikh Youth Federation of USA, National Convener of Intemational Sikh Youth Symposium. Formerly, called upon by the Jathedar of Sri Akal Takhat Sahib(Head of highest seat of Sikh Authority) to serve as the Chairperson of World Sikh Council, America Region. Organized the first Khalsa Dinner in 1968 in Toronto. Held numerous Religious Camps, Symposiums and Retreats for Sikh Youth in USA. Former President All India Sikh Students Federation, Delhi. Editor, Sikh Journal Sikh World. Former Vice President of North America Akali Dal. 4. Dan Barker - Madison, WI, USA Representing Atheism Dan Barker is the co-president of the Freedom from Religion Foundation, an American civil rights s' organization that advocates freethought and state and church separation. After attaining his degree in Religion and spending many years evangelizing as an ordained Christian minister, he turned to Atheism in 1984. In addition to his humanitarian efforts with Amnesty International, Mr. Barker is a professional pianist/composer, performing freethought concerts all over the world. S. Ken McLeod - Los Angeles, California, USA - Representing Buddhism Began studies in Buddhism in 1970 with Tibetan meditation master,the Venerable Kalu Rinpoche. After http://www.worldreligionsconference.org/25_documents/25_speakers.php 5/21/2006 World Religions Conference - Speaker Profiles - Silver Jubilee Event Page 3 of 4 receiving training in the Kagyu, Shangpa, and Nyingma traditions of Buddhism in Tibet, he was authorized by Kalu Rinpoche to teach and guide others in their practice. A Tibetan translator and author, in 1990 Ken established and is currently the executive director of Unfettered Mind, a Buddhist service organization in Los Angeles, California. Authored "Wake Up to Your Life: Discovering the Buddhist Path of Attention" 6. Carol A. McMullen - Guelph, Ontario, Canada - Representing Judaism One of several lay worship and adult education leaders at Temple Shalom, the Jewish Reform congregation in Waterloo. A convert to Judaism following many years of study of both Judaism and Christianity, with valued links to the Mennonite community. Studied with prominent Jewish scholars here in Ontario, in New York, and in Jerusalem, with a special interest in cross-denominational and environmental issues and the role of women in ancient and modem Jewish contexts. Participated in the work of the Across Boundaries Multi-faith Institute. 7. Wut-Tun-Nee (Tim Brown) - London, Ontario, Canada - Representing Aboriginal Spirituality Traditional Teacher,Talker, Speaker and Good Word Sayer. VP of the Ontario Fed. of Labour representing Aboriginal People. Chair the Aboriginal Persons Caucus for the O.F.L. An Eagle Feather Carrier, Six Nations of the Grand, Part of the Iroquios Confederacy, the Haudensaane People, (People of the Longhouse), Mohawk Nation, (People of the Flint), Bear Clan. Chair the OPSEU Aboriginal Circle. Been involved in a many Sunrise Ceremonies, Honouring Our Ancestors Ceremony, Talking, Sharing and Healing Circles, and Peace Tree Ceremonies. Recipient of many Human Rights Awards. 8. Swami Chid-Ghan-Anand Parivrajakwill - Orlando, Florida, USA - Representing Hinduism Born in South America. At a very early age went to Holland. Studied Computer engineering. Met His spiritual master in 1978. Went to India in 1985 to http://www.worl dreligionsconference.org/25_documents/25_speakers.php 5/21/2006 World Religions Conference- Speaker Profiles - Silver Jubilee Event Page 4 of 4 study Hindu scriptures and came back to Holland. Left Job in 1990 and went permanently to India for further studies in the Hindu literature. Initiated into the Sanyaas order in 1995 by HH.Viswatma Bawraji. Traveled several times through Europe, Asia, North America, and South America. © 2003 Ahmadiyya Movement in Islam I WRC HOME I WRC Archives I Organizers I Partners I Sponsor I History I Contact us I I http://www.worldreligionsconference.org/25_documents/25_speakers.php 5/21/2006 World Religions Conference Page 1 of 1 Official Website History of World Religions Conference This conference was envisioned by the founder of worldwide Ahmadiyya Movement in Islam, The Promised Messiah and Mandi(as) , over a hundred years ago. The Ahmadiyya Movement in Islam organizes it in many countries on a regular basis. Scholars of various religions express the beauties of their respective faiths, in a peaceful and friendly atmosphere of love and brotherhood. We affirm the value of interfaith interaction, for education ourselves regarding other faiths and enriching our awareness of God. The Interfaith concept is a unifying vehicle, which can aid us in bringing the reformation of the * ) e world nearer to reality. Navigation Menu In Canada, the Ahmadiyya Movement in Islam (Brantford Branch) has been organizing this conference for 23 years. Home Below is an Historical Glimpse of Topics covered during Silver Jubilee Event World Religions Conferences Organized by Last Year's Event Ahmadiyya Movement In Islam WRC Archives (Brantford Branch) Speakers Zone May'81 — Life and Teachings of Various Religious Founders Oct. '81 — Life and Teachings of Various Religious Founders Other Oct. '82— Life and Teachings of Various Religious Founders Sept. '83— Life and Teachings of Various Religious Founders j Oct. '84—Concept of Salvation Oct. '85 — Human Rights in Religion Oct. '86—The Rights of Men and Women in Religion `r Oct. '87— Existence of God in Religion !. Oct. '88 — Life After Death PhotoGalleries Oct. '89 —World Peace Oct.'90— Drug Abuse Oct.'91 —Solution of Modern Social Problems Sept. '92 — Racial, Religious and Cultural Tolerance WRC Mission Oct. '93—War or Peace -What Awaits Humanity? We affirm the value of interfaith Oct. '95— Family Values in Religion interaction,for educating Oct. '96— Role of Religion in the Future ourselves regarding other faiths and philosophical Oct. '97—Are There Any Absolute Universal Values? traditions.The interfaith Oct. '98— Mankind in the Next Millennium concept is a unifying vehicle, which can aid u5 in bringing the Oct. '99— Morality in the Next Millennium reformation of the world nearer Oct. '00—Changing Faces of the Family - Religious Perspectives to reality. Oct. '01 —Reconciling the Existence of God and Human Suffering Oct. '02—World Peace- What Religions Can Achieve New Additions Oct. '03 — In Search of the Existence of God XXV World Religions Conference Oct. '04—Why Religion? Silver Jubilee Event Speaker Profiles of Silver Jubilee Event Abstracts of Proceedings-Silver ' Jubilee World Religions Conference Search this Site n 9MR Ahmarfiwa Mncpr nt in Tclam I WRr HOMP I WRr' Grrhivac I r)rnani7Prc I Partnarc I Cnnncnr I Hictnry I rnntart Ij http://watservl.uwaterloo.ca/—amsa/wrc.html 5/31/2006 ELIMINATING VIOLENCE DRUG ABUSE 1 Reli ®us Perspective JL&m Islam Christianity Admission: FREE Refreshments: FREE 7:00 pm - 9: 00 pm, Wednesday, June 28, 2006 (Registration starts at 6:30 pm) Elora Community Centre 60 David Street West, Elora, ON, NOB 1 S For more info Organized by 416.984.1987 = " Ahmadiyya Muslim Youth Association convention @khuddam.ca ° Canada Vrews expressed at this colloquium are those of Me speakers and may NOT necessarily reflect Me news of Ahmad yya Muslim Community RInMf in Canals-MZrc�1nC8-COOyrlgnf®2008 MmaE1Wa Muelrm CcnmvYty Hikhlkhts of Interfaith Symposium in Town ofMidland—A ug. 9, 2006 His Worship, Mayor Mr. MacDonald, Honorable Deputy Mayor Scott Warnock & Reverend Dr. Glenn Robitaille representatives of Police, Christianity, (Representing Christianity) Aboriginal Spirituality & Islam o� Reconciling Ctdth With Loyalty to Courmy r,z Mr. Naseem Mandi His Worship, Mayor Mr. MacDonald (Representing Islam) r Guests visiting Book Stall Audience in the Symposium Organized by:Ahmadiyya Muslim Youth Association Highlights of Interfaith Symposium in Town of Midland-A ue. 9, 2006 S{R Ny.. � F . y Awe i a� X a F, Guest Interviews Making New Friends Few Comments By Our Distinguished Guests: • It was a very informative use of my time. I really think this was a useful thing for my community, as we don't have enough things like this. E. Lloyd f • Most informative- well organized and the young Muslims acting as guides did an excellent job. Myrtle Gordon • Congratulations on attracting such a diverse group. I know from experience how hard this is to do in Midland. I'm glad your flier reached me in Tay Township. Paul Kiss • Very interesting and well put together. Thank you. Bill Oliver • Combined all youth groups of Muslim, Christian, Aboriginal and other to host such programs in all communities in Canada and around the world. D. Glynn • Very well organized and informative. Thanks! Doris Webster • Thank you for taking the time to organize an event that informs without prejudices. Yvonne Brunelle Organized by:Ahmadiyya Muslim Youth Association Hi.ehlikhts of Interfaith Symposium in City of Oshawa—July 18, 2006 NE EfiDF'rD MiiMDV THE EFfDEEEM#q mein... . a . His Worship, Mayor John Gray Reverend Lynne Marie McCarthy (Representing Judaism) LWa.,..0 Ut AE �1Yy v { e Mr. Brad Bass Audience in the Symposium (Representing Judaism) Few Comments By Our Distinguished Guests: • A good eye opener. Seems to me that such a perspective should be broadcasted more. Please do more of such programs on larger scale. G. Schwartz • Excellent, most informative and enlightening! Thank you for selecting Oshawa for this event. Louise Parkes • I found it informative and interesting. Thank you. Laura Vaillancourt • Well done, very informative. Thanks . Bob Roche Organized by:Ahmadiiya Muslim Youth Association CllllgtUll MEMO eadxng Uee Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Anne Greentree, Deputy Clerk Date: February 16, 2007 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — FEBRUARY 19, 2007 — UPDATE Please be advised the following amendments to the Agenda for Monday's General Purpose and Administration Meeting: 1. DELEGATIONS Michael Melling — Report PSD-025-07 Regarding the Proposed Expropriation of 50 East Beach Road. Please also note that Jason Gibson was listed as a delegation, however he is speaking to the Public Meeting item Report PSD-022-07. Anne Greentree,Deputy Clerk AG"bmb cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 Clarin n Leadt�g a,e Way�� MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Anne Greentree, Deputy Clerk Date: February 19, 2007 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — FEBRUARY 19, 2007 — UPDATE (2) In addition to the amendments communicated to you on Friday, please be advised the following amendments to the Agenda for Monday's General Purpose and Administration Meeting: Councillor Foster has requested that the attached FORTHWITH motion be circulated for consideration at today's meeting. PWnne Greentr e,YDeputy Clerk AG*bmb Attachment cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 MUNICIPALITY OF CLARINGTON GENERAL PURPOSE AND ADMINISTRATION COMMITTEE RESOLUTION # DATE FEBRUARY 19. 2007 MOVED BY SECONDED BY WHEREAS at its meeting held on February 14, 2007, the Regional Municipality of Durham passed a resolution urging the Government of Ontario to pass Bill 172, the Municipal Amendment Act (Direct Election of Durham Regional Council Chair), 2006; AND WHEREAS since 1974, all area municipalities within the Regional Municipality of Durham have been well served with the current practice; AND WHEREAS the current practice enhances the democratic process by allowing any qualified elector within the Regional Municipality of Durham to participate in the process by virtue of qualification only: NOW THEREFORE BE IT RESOLVED THAT the Minister of Municipal Affairs and Housing be advised that the Council of the Municipality of Clarington vehemently opposes the passage of Bill 172, the Municipal Amendment Act (Direct Election of Durham Regional Council Chair), 2006; and THAT a copy of this resolution be forwarded to John O'Toole, MPP, the Regional Municipality of Durham and all area municipalities within the Region requesting endorsement, FORTHWITH. CI Ill 11 MEMO Leading the Way PLANNING SERVICES TO: Mayor and Members of Council FROM: David J. Crome, Director of Planning Services DATE: February 16, 2007 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE FEBRUARY -19, 2007 PLANNING REPORT PSD-025-07 Please find attached replacement pages for the above mentioned report regarding the proposed expropriation of 50 East Beach Road. The first replacement should replace Attachment 4 to Report PSD-025-07. The remaining pages, which are all identical, are to replace Schedule A of Attachments 6, 7, 8, 9 and 10. Thank you, n /.C� D vid J. Cron4e� DJC:sn cc: Franklin Wu, Chief Administrative Officer Patti L. Barrie, Municipal Clerk Anne Greentree, Deputy Clerk CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 TF 1-800-563-1195 F 905-623-0630 Attachment 4 To Report PSD-025-07 SCHEDULE `A' Parcel identification No. 26646-0020 Lot 2 Block B, Plan H50073 Newcastle; Lot 3 Block B, Plan H50073 Newcastle, Part Lot 4 Block B. Plan H50073 Newcastle; Part Lot 5 Block B, Plan H50073 Newcastle; Part Lot 6 Block B, Plan H50073 Newcastle; Part Unopened Lane Block B, Plan H50073 Newcastle now shown as Parts 1, 2 and 3 on Plan 40R-17188 registered in the Land Registry Office for the Land Titles Division of Durham (No.40). SCHEDULE `A' Parcel Identification No. 26646-0020 Lot 2 Block B, Plan H50073 Newcastle; Lot 3 Block B, Plan H50073 Newcastle, Part Lot 4 Block B, Plan H50073 Newcastle; Part Lot 5 Block B, Plan H50073 Newcastle; Part Lot 6 Block B, Plan H50073 Newcastle, Part Unopened Lane Block B, Plan H50073 Newcastle now shown as Parts 1, 2 and 3 on Plan 40R-17188 registered in the Land Registry Office for the Land Titles Division of Durham (No. 40). SCHEDULE `A' Parcel Identification No. 26646-0020 Lot 2 Block B, Plan H50073 Newcastle; Lot 3 Block B, Plan H50073 Newcastle; Part Lot 4 Block B, Plan H50073 Newcastle, Part Lot 5 Block B, Plan H50073 Newcastle; Part Lot 6 Block B, Plan H50073 Newcastle; Part Unopened Lane Block B, Plan H50073 Newcastle now shown as Parts 1, 2 and 3 on Plan 40R-17188 registered in the Land Registry Office for the Land Titles Division of Durham (No. 40). SCHEDULE W Parcel Identification No. 26646-0020 Lot 2 Block B, Plan H50073 Newcastle; Lot 3 Block B, Plan H50073 Newcastle; Part Lot 4 Block B, Plan H50073 Newcastle; Part Lot 5 Block B, Plan H50073 Newcastle, Part Lot 6 Block B, Plan H50073 Newcastle; Part Unopened Lane Block B, Plan H50073 Newcastle now shown as Parts 1, 2 and 3 on Plan 40R-17188 registered in the Land Registry Office for the Land Titles Division of Durham (No. 40). SCHEDULE W Parcel Identification No.26646.0020 Lot 2 Block B, Plan H50073 Newcastle; Lot 3 Block B, Plan H50073 Newcastle; Part Lot 4 Block B, Plan H50073 Newcastle; Part Lot 5 Black B, Plan H50073 Newcastle: Part Lot 6 Block B, Plan H50073 Newcastle; Part Unopened Lane Block B, Plan H50073 Newcastle now shown as Parts 1, 2 and 3 on Plan 4DR-17188 registered in the Land Registry Office for the Land Titles Division of Durham(No. 40). SCHEDULE `A' Parcel Identification No. 26646-0020 Lot 2 Block B, Plan H50073 Newcastle; Lot 3 Block B, Plan H50073 Newcastle, Part Lot 4 Block B, Plan H50073 Newcastle; Part Lot 5 Block B, Plan H50073 Newcastle; Part Lot 6 Block B, Plan H50073 Newcastle; Part Unopened Lane Block B, Plan H50073 Newcastle now shown as Parts 1, 2 and 3 on Plan 40R-17188 registered in the Land Registry Office for the Land Titles Division of Durham(No. 40).