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GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: MARCH 26, 2007
TIME: 9:30 A.M.
PLACE: COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
(a) Minutes of a Special Meeting of March 2, 2007 301
(b) Minutes of a Regular Meeting of March 5, 2007 313
4. (a) PRESENTATIONS
(i) Doug Annand, Principal, urbanMetrics inc. — Retail Market and Impact
Analysis: Clarington Commercial Policy Review
(b) DELEGATIONS
(i) Ira Kagan, AYT Corporation -Addendum to Report PSD-083-06
(ii) Bryce Jordan, AYT Corporation - Addendum to Report PSD-083-06
(iii) Representative from BIA - Addendum to Report PSD-083-06
5. PUBLIC MEETINGS
(a) Application to Amend the Clarington Zoning By-law and Draft Plan 501
of Subdivision
Applicant: Prestonvale Land Corporation
Report: PSD-033-07
(b) Application to Amend the Clarington Zoning By-law 503
Applicant: 1707526 Ontario Limited
Report: PSD-034-07
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T 905-623-3379.
G.P. & A. Agenda - 2 - March 26 2007
6. PLANNING SERVICES DEPARTMENT
(a) PSD-033-07 Application for Proposed Plan of Subdivision and Zoning 601
By-law Amendment
Applicant: Prestonvale Land Corporation
(b) PSD-034-07 Rezoning to Permit a Temporary Sales Office 610
Applicant: 1707526 Ontario Limited
(c) PSD-029-07 Proposed Amendment to Draft Approved Plan of Subdivision 618
Applicant: 464367 Ontario Ltd.
(d) PSD-035-07 Applications to Amend the Clarington Official Plan and 632
Zoning By-law to Permit an Increase in Density for a Six
Storey Apartment Building
Applicant: Dunbury Development (Green) Ltd.
(e) PSD-036-07 EA Notice of Study Completion,Additional Water Pollution 647
Control Plant Capacity for the Bowmanville Urban Area
(f) PSD-037-07 The Winds of Change are Changing Our Landscape: 660
Resolution of the Municipality of Arran-Eldersue
(g) PSD-038-07 Monitoring of the Decisions of the Committee of Adjustment 665
for the Meeting of March 1, 2007
7. ENGINEERING SERVICES DEPARTMENT
(a) EGD-031-07 Monthly Report on Building Permit Activity for 701
February, 2007
8. OPERATIONS DEPARTMENT
(a) OPD-003-07 Rates And Fees - Sports Field 801
(b) OPD-004-07 Clarington Pitch-In Canada Events 818
9. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD-003-07 Purchase of Containerized Training Facility 901
(b) ESD-004-07 Monthly Response Report— February 2007 904
G.P. & A. Agenda - 3 - March 26, 2007
10. COMMUNITY SERVICES DEPARTMENT
(a) CSD-004-07 Community Services —2006 Year End Review 1001
(b) CSD-005-07 Emergency Evacuation Centre Requests — Marnwood 1025
Lifecare Long Term Care and Retirement Home and
Kingsway Arms Management (Clarington) Inc.
11. CLERKS DEPARTMENT
(a) CLD-007-07 Property Standards By-Law 1101
(b) CLD-008-07 2007 Animal Licence Sales Campaign 1130
(c) CLD-009-07 Donations to Clarington Animal Shelter 1133
(d) CLD-010-07 Noise By-law 1136
(e) CLD-011-07 Private Parking Enforcement 1145
(f) CLD-012-07 Bill 130 — Municipal Statute Law Amendment Act, 2006 1148
12. CORPORATE SERVICES DEPARTMENT
(a) COD-006-07 Co-operative Tender T-220-2006, Supply, Retreading, 1201
Repair& Disposal of Tires and Tubes
(b) COD-010-07 Tender CL2007-2, Orono Operations Yard and Kendal 1204
Community Centre, Flat Roof Replacement
13. FINANCE DEPARTMENT
(a) FND-006-07 Mayor & Councillor's Remuneration & Expenses for 2006 1301
(b) FND-007-07 Discontinuation of Fire Call Billing 1309
(c) FND-008-07 Complaint by R. Sivakumar of Eastman Steve's Holdings 1317
Ltd. Under Section 20 of the Development Charges Act
14. CHIEF ADMINISTRATIVE OFFICE
(a) CAO-006-07 Request to Rezone Surplus Property 1401
3289 Trulls Road, Courtice
G.P. & A. Agenda - 3 - March 26 2007
10, COMMUNITY SERVICES DEPARTMENT
(a) CSD-004-07 Community Services — 2006 Year End Review 1001
(b) CSD-005-07 Emergency Evacuation Centre Requests — Mamwood 1025
Lifecare Long Term Care and Retirement Home and
Kingsway Arms Management (Clarington) Inc.
11. CLERKS DEPARTMENT
(a) CLD-007-07 Property Standards By-Law 1101
(b) CLD-008-07 2007 Animal Licence Sales Campaign 1130
(c) CLD-009-07 Donations to Clarington Animal Shelter 1133
(d) CLD-010-07 Noise By-law 1136
(e) CLD-011-07 Private Parking Enforcement 1145
(f) CLD-012-07 Bill 130 — Municipal Statute Law Amendment Act, 2006 1148
12. CORPORATE SERVICES DEPARTMENT
(a) COD-006-07 Co-operative Tender T-220-2006, Supply, Retreading, 1201
Repair & Disposal of Tires and Tubes
(b) COD-010-07 Tender CL2007-2, Orono Operations Yard and Kendal 1204
Community Centre, Flat Roof Replacement
13. FINANCE DEPARTMENT
(a) FND-006-07 Mayor & Councillor's Remuneration & Expenses for 2006 1301
(b) FND-007-07 Discontinuation of Fire Call Billing 1312
(c) FND-008-07 Complaint by R. Sivakumarof Eastman Steve's Holdings 1320
Ltd. Under Section 20 of the Development Charges Act
14. CHIEF ADMINISTRATIVE OFFICE
(a) CAO-006-07 Request to Rezone Surplus Property 1401
3289 Trulls Road, Courtice
G.P. & A. Agenda -4 - March 26, 2007
15. UNFINISHED BUSINESS
(a) Addendum to PSD-083-06 - Applications by AYT Corporation to Amend 1501
the Durham Regional Official Plan, the
Clarington Official Plan, and the Municipality
of Clarington Zoning By-Law 84-63 to Permit
a Large-Format Retail Centre on the North-
West Quadrant of Highway 401 and Bennett
Road, Bowmanville
16. OTHER BUSINESS
(a) Appointments to Boards and Committees (Applications distributed under 1601 ,
separate cover)
17. ADJOURNMENT
It C # n General Purpose and Administration Committee
Minutes
March 2, 2007
Minutes of a meeting of a Special General Purpose and Administration Committee
held on Friday, March 2, 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
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance Department, N. Taylor
Deputy Treasurer, Lori Gordon
Director of Emergency & Fire Services, G. Weir
Muncipal Clerk, P. Barrie
Clerk ll, 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.
DELEGATIONS
Sally Barrie, Community Care Durham, Clarington, appeared before the Committee
concerning the 2007 Budget. Ms. Barrie provided background information by stating
their organization provides multi-service respite and care relief for care givers and
adults with physical disabilities. Ms. Barrie stated these services are provided to the
community free of charge or for a nominal fee. She stated some funding is provided
by the Ministry of Health, through fundraising efforts, grants and donations. The
organization serves 1,670 registered clients and consists of 500 volunteers, with
35% of clients and volunteers registered throughout the Durham Region. Ms. Barrie
stated that home support services are offered, including transportation services for
550 clients, averaging 20,000 return trips per year to the adult daycare program in
Newcastle. The organization also provides a hot meal lunch once per month in
locations across the community for over 400 clients. Other services offered include
light housekeeping, snow shoveling,
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Minutes
March 2, 2007
friendly visiting, foot care and 12 Meals on Wheels Groups that deliver 16,000 meals
across Clarington. Ms. Barrie stated the demand for Meals On Wheels has
increased by 5,000 meals, that costs have increased to $6.00 per meal, representing
an additional $15,000.00 in extra costs. Ms. Barrie stated a tender process is
currently underway to find an alternative meal provider who would accommodate the
increased number and packaging of the meals and that funding from the Municipality
of Clarington would result in maintaining a fair price for meals.
Richard Toms and Jean-Michel Komarnicki, Visual Arts Centre appeared before the
Committee with respect to the 2007 Budget. Richard Toms stated the Visual Arts
Centre has been growing in popularity due to events such as Winter Wonderlearn
and the Clarington Arts and Music Festival. Mr. Toms stated that over the last five
years the Visual Arts Centre has been upgraded to provide a safer and more
accessible facility through planning initiatives. Mr. Toms stated their facility is
volunteer driven and some financial support from the Municipality of Clarington is
needed to improve small capital upgrades such as the stairs, front door, replacement
of the main floor gallery, and upgrading studio equipment.
Gail Rickard, Clarington Public Library, appeared before the Committee with respect
to the 2007 Budget. Ms. Rickard introduced Edith Hopkins, Library Director as well
as Allan Hewitt and Brian Purdy, Library Board Members. Ms. Rickard stated the
Clarington Public Library has become an increasingly popular facility for residents to
visit and in 2006, the library introduced programs such as Fresh Ink, Books to Go
and Rapid Reads. She indicated that in response to concerns about computer use,
the library introduced a card access program at each computer station allowing
patrons to use a computer for up to a maximum of two hours per day. Ms. Rickard
stated that funding of 7.50% from the Municipality of Clarington included non-
controllables at $146,625.00 which are primarily personnel costs, and an allocation
of $19,100.00 for the Courtice Library to open five extra hours per week, totalling
$165,725.00. Although fines and fees are up $11,000.00 this year, Ms. Rickard
advised that the Provincial grant is quite meager and represents only 3% of the
library budget. Priorities for the future are to maximize use of technology, respond to
changing demographics and open the new library in Newcastle. Ms. Rickard
reviewed the timelines and site plans for the new library in Newcastle and advised
an anticipated opening was the summer of 2008.
Resolution #GPA-133-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the delegation by Martha Rutherford-Conrad, Clarington Museum and
Archives be referred until after consideration of Confidential Report PSD-026-07.
CARRIED
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Minutes
March 2, 2007
CONFIDENTIAL REPORT PSD-026-07 — PROPERTY MATTER
Resolution #GPA-134-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT the meeting be "closed" to allow for consideration of Confidential Report
PSD-026-07 with respect to a property matter.
CARRIED
The meeting reconvened in open session at 10:05 a.m.
Resolution #GPA-135-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the actions taken during the "closed" session with respect to Confidential
Report PSD-026-07 be ratified.
CARRIED
Martha Rutherford-Conrad and Jim Richards, Clarington Museum and Archives,
appeared before the Committee concerning the 2007 Budget Request. Mr. Richards
reviewed the mission statement for the Clarington Museum and Archives by stating
their mandate is the preservation, research, interpretation and exhibition of archival
materials related to prehistory and the history of Clarington. Mr. Richards stated that
in 2006 there were art exhibits from China and a window dressing by Jane Eccles
which attracted more than 700 people. Programming included March break and
summer camps, historical events such as Canada Day and Pumpkin Bee, Medieval
Children's Camps, period dress events such as Victorian Teas and Pioneer Days,
the 45th birthday celebration of the Bowmanville Museum, all contributing to a 16%
increase in attendance. Mr. Richards stated some financial support from the
Municipality of Clarington is needed to undergo improvements at the Clarke Museum
such as restoring the original school bell, replacing the roof and restoring the siding.
Mr. Richards indicated that there has been a 19% increase in research activity at the
research museum in the areas of local history, geneaology, dominion organ and
piano history. Mr. Richards stated in 2006 operating expenses were 2% below
planned expenditures, federal grants were frozen resulting in a 40% loss of revenue,
private donations increased by 33% increase and admissions there was a 26%
increase in admissions. The 2007 budget increased by 6% due to building and
operational costs and the Clarington Museum and Archives priority is the request of
an additional staff person who would maintain and expand programming initiatives
such as Ghost Tours, Victorian Lunches, Historical Building Tours, childrens'
programming and marketing/promotion of the Doll and Toy Collection. The funding
for this staff person would be $40,000.00 and potential revenues received through
these programs would be $41,000.00.
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General Purpose and Administration Committee
Minutes
March 2, 2007
Resolution #GPA-136-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Committee recess for 10 minutes.
CARRIED
The meeting reconvened at 10:40 a.m.
FINANCE DEPARTMENT
Nancy Taylor, Director of Finance provided a presentation to Committee highlighting
the following:
• Financial Indicators
• Current/operating Overview
• Capital Budget
• Status of Reserve Funds
• Long-term Debt
• Next Year
2007 CURRENT AND CAPITAL BUDGET
Resolution #GPA-137-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report FND-004-07 be received;
THAT the base 2007 Operating and Capital Budgets as outlined in Schedule "A",
Part 1, at an estimated tax levy impact of 2.86% (exclusive of tax policy impacts), be
approved, as directed in Report FND-004-07;
THAT the uncontrollable items due to new services previously approved and new
legislative requirements as outlined in Schedule "A", Part 2, attached to Report
FND-004-07 at an estimated tax levy impact of 1.84% be approved;
THAT the major priorities related to growth or new services as outlined in Schedule
"A", Part 3, attached to Report FND-004-07 at an estimated tax levy impact of 1.51%
be approved;
THAT the uncontrollable budget increase submission from the external agencies as
outlined in Schedule "A", Part 4, attached to Report FND-004-07 at an estimated tax
levy impact of 0.66% be approved;
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General Purpose and Administration Committee
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THAT the phase-in impact for new 2008 facilities as outlined on Schedule "A", Part
5, attached to Report FND-004-07 at an estimated tax levy impact of 2.24% be
approved;
THAT the Schedules "B", "C" and "D" attached to Report FND-004-07 outlining
Reserve and Reserve Fund Contributions be approved;
THAT approximately $1,000,000 be drawn from the Rate Stabilization Reserve Fund
to offset the tax rate impact;
THAT the financing of capital projects, as outlined in the document attached to
Report FND-004-07 be approved;
THAT the capital forecast be received for information;
THAT the external agencies, referred to in Report FND-004-07 be advised of
Council's decision regarding their grant request, including their priority requests;
THAT Council provide direction regarding the Visual Arts Centre request for $5,000
for the Visual Arts Centre fundraising project for Silken Laumann to speak;
THAT 2007 staffing changes be approved, as identified in Report FND-004-07; and
THAT the appropriate By-laws to levy the 2007 tax requirements for Municipal,
Regional and Education purposes be forwarded to Council for approval, once final
tax policy information is available.
SEE FOLLOWING MOTIONS
Resolution #GPA-138-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT the budget requests of all external agencies be approved and they all
be thanked for their support."
MOTION LOST
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March 2, 2007
Resolution #GPA-139-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT $19,100.00 be approved for the Clarington Public Library to allow for
extended hours at the Courtice Branch."
CARRIED
Resolution #GPA-140-07
Moved by Councillor Trim, seconded by Councillor Foster
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
'THAT the Clarington Public Library budget request be approved."
CARRIED
Resolution #GPA-141-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT the Community Care Durham budget request be approved."
CARRIED
Resolution #GPA-142-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT the Visual Arts Centre budget request be approved, with the exception
of $5,000.00 for the Silken Laumann event."
CARRIED
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General Purpose and Administration Committee
Minutes
March 2, 2007
Resolution #GPA-143-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT the Clarington Museum and Archives budget request be approved,
with the exception of the additional staff member."
MOTION LOST
Resolution #GPA-144-07
Moved by Councillor Woo, seconded by Councillor Trim
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
'THAT the Clarington Museum and Archives budget request, including the
Priority#1 controllable item (additional staff member), be approved."
CARRIED
Resolution #GPA-145-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT the budget requests for Clarington Older Adult Association/Clarington
Beech Centre, Newcastle Community Hall and Orono Cemetery Company be
approved.
CARRIED
Resolution #GPA-146-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT the organizational chart for Mayor and Council be revised to reflect
that the position held by Janet Dauncey is the Administrative Assistant to
Council."
CARRIED
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General Purpose and Administration Committee
Minutes
March 2, 2007
Resolution #GPA-147-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT the foregoing Resolution #GPA-137-07 be amended by making the following
changes:
"THAT the Mayor's Golf Tournament be included in the budget."
CARRIED
Resolution #GPA-148-07
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the foregoing Resolution #GPA-137-07 be amended by adding the following:
"THAT $5,000.00 be included in the budget for the Lakeridge Bowmanville
Hospital Foundation Golf Tournament."
CARRIED
Resolution #GPA-149-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the foregoing Resolution #GPA-137-07 be amended by adding the following:
"WHEREAS Council is faced with extraordinary pressures in consideration of
the 2007 budget; and
WHEREAS the Corporate Advertising process and policy was set out in
Report COD-13-02;
NOW THEREFORE BE IT RESOLVED:
THAT Council hereby reduces the overall proposed corporate advertising
2007 Budget by $85,000.00 from the proposed $240,000.00 by the following
measures:
1. THAT the weekly newspaper advertisement with the Canadian
Statesman, Page 2, and the Orono Weekly Times both be reduced to
Yz page coverage;
2. THAT the print frequency be reduced to a bi-weekly print schedule;
3. THAT only required or mandated notices with time sensitive dates will
be included in the advertisement pages on the weeks where no
advertisement is scheduled;
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General Purpose and Administration Committee
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March 2, 2007
4. THAT print ads be limited to those that are required by statute, are
mandated or are necessary for public information, inclusive of:
a. Public Meeting notices for Municipal or government business;
b. Tenders
c. Road closures
d. Tax notices
e. Official Plan information
f. Performance Measures or other necessary financial information
g. Other notices as determined by the CAO, or Director of
Corporate Services to be of significant importance for public
information;
5. THAT Municipal information such as career opportunities, annual grant
program notice, etc. will be advertised on the print page by referral to
the municipal web site in order to emphasize and maximize web site
use;
6. THAT advertisement for external agencies or community groups,
unless deemed to be of an urgent or necessary nature will not be
included in the advertisement program;
7. THAT the corporate advertising budget, inclusive of print media, be
revised to $155,000.00 for the 2007 budget;
8. THAT the Corporate Advertising Policy H-1, be amended to reflect the
above conditions; and
9. THAT the change in the advertising program will be effective upon
ratification of the 2007 budget."
MOTION LOST
Resolution#GPA-150-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT the proposed corporate advertising budget be reduced by a maximum
of$86,000.00; and
THAT the Director of Corporate Services report back to Council
recommending a revised Corporate Advertising Policy to reflect the reduction
in the budget allocation."
CARRIED
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March 2, 2007
Resolution #GPA-151-07
Moved by Councillor Hooper, seconded by Councillor Trim
THAT the foregoing Resolution#GPA-137-07 be amended as follows:
"THAT the request for an additional part-time Clerk 1 position in the Municipal
Clerk's Department be approved. "
CARRIED
Resolution #GPA-152-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Committee recess for five minutes.
CARRIED
The meeting reconvened at 12:17 p.m.
Resolution #GPA-153-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT $100,000.00 in additional tax levy funds be allocated to the Economic
Development Reserve Fund."
CARRIED
Resolution #GPA-154-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
'THAT the Soper Creek Trail Project be replaced with the Courtice
Skateboard Park Project."
CARRIED
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March 2, 2007
Resolution #GPA-155-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT financing of$25,078.00 be transferred from the Tax Levy Support to
Capital to the Impact/Escrow Reserve Account."
CARRIED
Resolution #GPA-156-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT financing of$25,000.00 of the insurance increase be transferred from
the Tax Levy to the Self Insured Losses Reserve."
CARRIED
Resolution #GPA-157-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT financing of$50,000.00 be transferred from the Tax Levy Support to
Engineering/Roads to the Federal Gas Tax Reserve Fund."
CARRIED
Resolution #GPA-158-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT the budget request for additional tree trimming be reduced by
$10,000.00."
CARRIED
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March 2, 2007
Resolution #GPA-159-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT the request for additional Total Hockey staff be denied."
CARRIED
Resolution #GPA-160-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the foregoing Resolution #GPA-137-07 be amended as follows:
"THAT the request for funding from Lakeridge Health be tabled to March 19,
2007 to allow for public input."
CARRIED
The foregoing Resolution #GPA-137-07 was then put to a vote and CARRIED AS
AMENDED.
ADJOURNMENT
Resolution #GPA-161-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT the meeting adjourn at 12:38 p.m.
CARRIED
MAYOR DEPUTY CLERK
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( iagton
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General Purpose and Administration Committee
Minutes
March 5, 2007
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, March 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
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance Department, N. Taylor
Director of Emergency & Fire Services, G. Weir
Deputy Clerk, A. Greentree
Clerk II, B. Boffey
Mayor Abernethy chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
Councillor Novak indicated that she would be stating a pecuniary interest with respect to
Report PSD-030-07.
MINUTES
Resolution #GPA-162-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on February 19, 2007 be approved, as amended.
CARRIED AS AMENDED
(SEE FOLLOWING AMENDING MOTION)
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March 5, 2007
Resolution #GPA-163-07
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Councillor Hooper's statement of pecuniary interest on page 4 be amended to
remove"area" and replace it with "downtown core" so that it reads "as he owns property
in the downtown core".
CARRIED
The foregoing resolution #GPA-162-09 was then put to a vote and CARRIED AS
AMENDED.
PRESENTATION
There were no presentations.
DELEGATIONS
Harold Sellers, Oak Ridges Trail Association, a non-profit organization appeared before
the Committee seeking financial support for the Moraine for Life Adventure Relay and
Scavenger Hunt Fundraising Event scheduled for June 16 and 17, 2006. Mr. Sellers
provided an overview on the Oak Ridges Trail, advising that the landform is 260
kilometres, close to millions of residents, plays an important water and recreation
resource, ensures a clean, safe habitat for many species of birds, animal and plants and
provides economic input to businesses and the community. Mr. Sellers stated their
organization is supported by volunteers who have a mandate to develop the Moraine for
Life Adventure Relay and Scavenger Hunt Fundraising Event in order to educate the
public and encourage trail use for a healthy lifestyle. Two weeks prior to the Moraine for
Life Adventure Relay, there will be an on-line, internet based scavenger hunt intended
to endorse awareness of the Oak Ridges Moraine. In closing, Mr. Sellers stated
support from the Municipality of Clarington in the amount of$2,000.00 would be
appreciated and advised these events would bring exposure to Clarington's attractions,
services and businesses through broad media coverage, as well as the potential for
return visitors to the area.
Robert Banik, CAW Legal Services, appeared before Committee on behalf of Doug
Hoogeboom and family. Mr. Banik stated his client has been monitoring the situation
and vehicular traffic continues to cross over onto his property from the parking area
without using the proper driveway and that dust continues to be generated by traffic in
the gravel parking lot. Mr. Banik stated that his client has concerns with the
recommendations in Report PSD-030-07 including: to erect a two metre high privacy
fence, the future development of the property once the fence was built, and the slope of
the land causing excessive ponding. Mr. Banik stated his client feels a two metre high
fence is not high enough because the angle of car headlights would shine over a fence
of this height and requested a closed fence at least eight feet in height be erected. Mr.
Banik stated his client has concerns that once the fence is erected, the future
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development of the property would become a permanent parking area, resulting in
potential loitering and inappropriate use. He further requested that proper lighting be
installed. Mr. Banik stated that due to the parking lot not being properly maintained,
excessive ponding onto his client's property will be compounded and requested that the
site be paved and properly graded to allow for proper run off.
Jim Richards appeared before the Committee with respect to Direct Election of Durham
Regional Council Chair. Mr. Richards stated he has concerns that the Council of the
Municipality of Clarington did not vote in favour of Bill 172. Mr. Richards stated his
disappointment that the public did not have any input on this matter and requested that
a public forum be held to seek the opinions of the residents of Clarington.
Linda Gasser appeared before the Committee with respect to Direct Election of Durham
Regional Council Chair. Ms. Gasser expressed her concerns that the Council of the
Municipality of Clarington did not vote in favour of Bill 172 without consulting the public
first. Ms. Gasser requested that an advertised public meeting be held to gain input from
the residents of Clarington and interested stakeholders. As well she requested that the
CAO's office research information surrounding the current system of selecting the
Regional Chair including details from the Regions of Halton and Waterloo.
Resolution #GPA-164-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the agenda be altered to include Bryce Jordan, Robert Hann and Sally Thurlow to
the list of delegations.
CARRIED
Sally Thurlow appeared before the Committee with respect to Direct Election of Durham
Regional Council Chair. Ms. Thurlow stated she has concerns that the Council of the
Municipality of Clarington did not vote in favour of Bill 172 and requested that a public
forum be held in order to gain input from the residents of Clarington. Further she
recommended that consideration be given to developing a list of skill sets and
qualifications necessary for the position.
Elizabeth Kelly, Halloway Holdings Limited (Valient Property Management) representing
Bryce Jordan, Sernas Group and Robert Hann, Halloway Holdings Limited appeared
before the Committee with respect to Reports EGD-030-07 and PSD-032-07. Ms. Kelly,
stated she was available on behalf of the applicant to answer any questions raised.
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Councillor Novak chaired this portion of this meeting.
PUBLIC MEETING
(a) Subject: Application to Amend the Clarington Official Plan and Zoning
By-law 84-63
Applicant: Susan Woodley
Report: PSD-027-07
Glen Ferguson, Junior Planner, provided a verbal report supported by a PowerPoint
presentation pertaining to Report PSD-027-07.
No one spoke in opposition to or support of Report PSD-027-07.
Glenn Genge, D.G. Biddle & Associates Ltd., appeared before the Committee on behalf
of the applicant. Mr. Genge stated his client has proposed to convert the existing
residence into a law practice. Mr. Genge stated he has reviewed the application and
feels this conversion would be an appropriate use for downtown Bowmanville, is in
compliance with all provincial policies, and that the official plan and zoning would need
to be amended in order for this conversion to occur. Mr. Genge stated that the
application does not propose an expansion and that the applicant would be the owner
and operator of the law practice.
(b) Subject: Application to Amend the Clarington Official Plan and Zoning
By-law 84-63
Applicant: 1377019 Ontario Inc. (Abe's Auto Recycling)
Report: PSD-028-07
Bob Russell, Planner, provided a verbal report supported by a PowerPoint presentation
pertaining to Report PSD-028-07.
Jeff Hroncick, Triad Metals International appeared before the Committee to speak in
support of Report PSD-028-07. Mr. Hroncick stated they would be working together
with the applicant on developing the rail system.
Libby Racansky appeared before the Committee and stated she is not in opposition of
the application, but sought clarification that Solina Road currently exists within the
Courtice area. David Crome, Director of Planning confirmed this was the case.
Ms. Racansky questioned whether a link to Highway 407 could potentially run through
the area and indicated she has concerns that the property may look unappealing from
Highway 401.
Glenn Genge, D.G. Biddle & Associates, appeared before the Committee on behalf of the
applicant to answer any questions. Mr. Genge stated the purpose of the application was
to permit the relocation of an existing auto recycling operation on Concession Road 3 to
this location. Mr. Genge stated the auto salvaging operation was not typical because
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it stored all auto parts inside buildings and that outside storage would be used as a
holding area for automobiles waiting to be disassembled. Mr. Genge stated there is a
shredding operation on site which would hasten the exit of automobiles on site. He
confirmed that significant screening could be installed if it is determined that the natural
landscape is inadequate. He also confirmed that any noise in excess of the Ministry of
the Environment's acceptable standards would be remediated.
PLANNING SERVICES DEPARTMENT
REZONING AND OFFICIAL PLAN AMENDMENT TO PERMIT A CHANGE IN USE
FROM A SINGLE-DETACHED DWELLING TO A PROFESSIONAL OFFICE
APPLICANT: SUSAN WOODLEY
Resolution #GPA-165-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report PSD-027-07 be received;
THAT the application to amend the Official Plan and Zoning By-law submitted by Susan
Woodley be referred back to staff; and,
THAT all interested parties listed in Report PSD-027-07 and any delegations be advised
of Council's decision.
CARRIED
CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION AND ZONING BY-LAW
AMENDMENT APPLICATION TO PERMIT AN AUTOMOTIVE
SALVAGING/RECYCLING OPERATION WITH SCREENED OUTDOOR STORAGE
APPLICANT: 1377019 ONTARIO INC. (ABE'S AUTO RECYCLING)
Resolution #GPA-166-07
Moved by Councillor Foster, seconded by Mayor Abernethy
THAT Report PSD-028-07 be received;
THAT the application to amend the Clarington Official Plan and the application to amend
the Zoning By-law 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-028-07 and any delegations be advised of
Council's decision.
CARRIED
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Resolution #GPA-167-07
Moved by Mayor Abernethy, seconded by Councillor Foster
THAT item (3) PSD-030-07 be considered at the end of the Planning Services Section
of the Agenda.
CARRIED
MUNICIPAL ROSTER OF CONSULTANTS FOR THE PREPARATION OF
ENVIRONMENTAL IMPACT STUDIES
Resolution #GPA-168-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSD-031-07 be received;
THAT the termination date for the Roster of Consultants for the Preparation of
Environmental Impact Studies, as indicated in Attachment 3 to Report PSD-067-04, be
extended to June 30, 2008;
THAT the modifications to the EIS Guidelines (Attachment 2 to Report PSD-067-04) be
approved;
THAT the Purchasing By-Law 2006-127 be waived; and
THAT all interested parties listed in Report PSD-031-07 and any delegation be advised
of Council's decision.
CARRIED
IMPLEMENTATION OF PRINCIPLES OF UNDERSTANDING WITH HALLOWAY
HOLDINGS LIMITED: TRANSFER OF CERTAIN RESERVES
Resolution #GPA-169-07
Moved by Councillor Foster, seconded by Councillor Trim
THAT Council receive and approve Report PSD-032-07;
THAT Council pass a by-law declaring the lands shown as Parts 2, 3, 4, 5 and 6 on
Reference Plan 40R-24257 to be surplus (Attachment 4 to Report PSD-032-07);
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THAT subject to Recommendation 4, after notice is given to the public pursuant to By-
law 95-22 of the proposed sale of Parts 2, 3, 4, 5 and B on Reference Plan 40R-24257
to Halloway Holdings Limited for a nominal consideration, Council pass a by-law to
authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to
execute the transfer of Parts 2, 3, 4, 5 and 6 on Reference Plan 40R-24257 to
Halloway, Holdings Limited for a nominal consideration (Attachment 5 to Report
PSD-032-07);
THAT Staff and the Municipality's solicitor be directed to complete the transfer referred
to in Recommendation 3 after the payment referred to in paragraph 8 of the Principles
of Understanding dated March 1, 2006 between the Municipality of Clarington and
Halloway Holdings Limited ("Halloway Principles") has been made to the Municipality in
accordance with the aforesaid paragraph 8; and
THAT Staff and the Municipality's Solicitor be authorized to take all necessary actions to
implement the intent of paragraphs 8 and 10 of the Halloway Principles.
CARRIED
Councillor Novak indicated she has a pecuniary interest with respect to Report
PSD-030-07 as the applicant is a client of the insurance firm for which she works.
Councillor Novak vacated her chair and refrained from discussions and voting on this
matter.
Mayor Abernethy chaired this portion of the meeting.
REZONING APPLICATION TO PERMIT TEMPORARY PARKING LOT
APPLICANT: GERR HOLDINGS LIMITED
Resolution #GPA-170-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-030-07 be received;
THAT the rezoning application submitted by Gerr Holdings Limited be approved and
that the Zoning By-law Amendment attached to Report PSD-030-07 be adopted by
Council; and,
THAT all interested parties listed in Report PSD-030-07 and any delegations be advised
of Council's decision.
CARRIED
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Resolution #GPA-171-07
Moved by Councillor Hooper, seconded by Mayor Abernethy
THAT the Committee recess for 5 minutes.
CARRIED
The meeting reconvened at 11:15 a.m.
Councillor Foster chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
PROPOSAL TO CLOSE AND CONVEY A ROAD ALLOWANCE SITUATED IN LOT
28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE
Resolution #GPA-172-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report EGD-028-07 be received;
THAT Council authorize the publication of a notice of application that the Municipality
intends to pass a by-law to close that part of the road allowance situated in Lot 28,
Concession 5, Former Township of Clarke, pursuant to section 34 of the Municipal Act
and By-Law No. 95-22 and that the subject road allowance (Attachment No. 1 to Report
EGD-028-07) be declared surplus;
THAT when Section 34 of the Municipal Act and By-Law No. 95-22 have been complied
with and subject to Council's consideration of any representations made at the public
meeting respecting the passing of by-laws authorizing the closure of the subject lands
as a public highway, declaring the subject lands to be surplus, and authorizing its
conveyance to the applicant, Council pass the necessary by-laws to implement this
report;
THAT the applicant pay all legal, advertising, appraisal and land costs associated with
this transaction; and
THAT Mr. Dennis D. Ebbs be advised of Council's decision.
CARRIED
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WILLIAM WATSON INVESTMENTS LIMITED, COURTICE,
DEV 78-011, `CERTIFICATE OF COMPLETION' AND `CERTIFICATE OF
ACCEPTANCE', STORM DRAINAGE SYSTEM AND OTHER RELATED WORKS
Resolution #GPA-173-07
Moved by Councillor Novak, seconded by Councillor Trim
THAT Report EGD-029-07 be received; and
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Completion' and a 'Certificate of Acceptance' for the Works, which include a storm
drainage system and other related Works.
CARRIED
PROPOSAL TO CLOSE PARTS 13 AND 15 ON PLAN 40R-16730 AS A PUBLIC
HIGHWAY AND AUTHORIZE THEIR TRANSFER TO HALLOWAY HOLDINGS
LIMITED
Resolution #GPA-174-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report EGD-030-07 be received and approved;
THAT subject to Council's consideration of any representations made at the public
meeting to consider its intention to pass a by-law closing Parts 13 and 15 on Plan 40R-
16730 as a public highway, Council pass such a by-law (Attachment 2 to Report
EGD-030-07);
THAT subject to Council's consideration of any representations made at the public
meeting respecting the passing of by-laws declaring Parts 13 and 15 on Plan 40R-
16730 to be surplus, Council pass a by-law declaring Parts 13 and 15 to be surplus
(Attachment 3 to Report EGD-030-07);
THAT Council pass a by-law authorizing the Mayor and Municipal Clerk on behalf of the
Municipality of Clarington to execute a transfer Parts 13 and 15 on Plan 40R-16730 to
Halloway Holdings Limited for a consideration of $940.00 (Attachment 4 to
Report EGD-030-07);
THAT the applicant pay the costs associated with the closure of Parts 13 and 15 on
Plan 40R-16730 as a public highway and the costs of this transaction all as set out in
Report EGD-030-07;
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THAT Staff be authorized to take all necessary action to implement the intent of this
report; and
THAT Halloway Holdings Limited be advised of Council's decision
CARRIED
Councillor Trim chaired this portion of the meeting.
OPERATIONS DEPARTMENT
2006 WINTER REPORT
Resolution #GPA-175-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report OPD-002-07 be received for information.
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.
Skip Crosby, Community Service Coordinator, Municipality of Clarington, was in
attendance to address any questions that Committee may have concerning the 2007
Municipal Grants.
COMMUNITY SERVICES DEPARTMENT
2007 MUNICIPAL GRANTS
Resolution #GPA-176-07
Moved by Mayor Abernethy, seconded by Councillor Foster
THAT Report CSD-003-07 be received;
THAT Council consider all submitted grant requests; and,
THAT all applicants be advised of Council's decision.
CARRIED
(SEE FOLLOWING MOTIONS)
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Resolution #GPA-177-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT the Solina Hall Board be approved for a grant in the amount of$2,500.00.
CARRIED
Resolution #GPA-178-07
Moved by Councillor Foster, seconded by Mayor Abernethy
THAT the Oak Ridges Trail Association be approved for a grant in the amount of
$500.00.
CARRIED
Resolution #GPA-179-07
Moved by Councillor Trim, seconded by Councillor Foster
THAT $10,000.00 be set aside in an unallocated grant account to be drawn on for
grants approved during 2007.
CARRIED
HORTICULTURAL SOCIETIES
Resolution #GPA-180-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT a grant in the amount of$500.00 be approved for each of the following
Applications:
#07-01 — Bowmanville Horticultural Society
#07-03 — Courtice Horticultural Club
#07-06 — Newcastle Horticultural Society
#07-09 — Orono Horticultural Society
CARRIED
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CLARINGTON FARMER'S MARKET
Resolution #GPA-181-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT Application #07-02 — Clarington Farmer's Market, be approved for a grant in the
amount of$500.00.
CARRIED
DURHAM CENTRAL AGRICULTURAL SOCIETY
Resolution #GPA-182-07
Moved by Councillor Woo, seconded by Councillor Trim
THAT Application #07-04 — Durham Central Agricultural Society, be approved for a
grant in the amount of$1,000.00.
CARRIED
ECOLOGY GARDEN / BOWMANVILLE COMMUNITY ORGANIC GARDEN
Resolution #GPA-183-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Application #07-05 — Ecology Garden / Bowmanville Community Organic Garden,
be approved for a grant in the amount of $500.00.
CARRIED
NEWCASTLE SANTA CLAUS PARADE
Resolution #GPA-184-07
Moved by Councillor Foster, seconded by Councillor Woo
THAT Application #07-07 — Newcastle Santa Claus Parade, be approved for a grant in
the amount of $2,000.00.
CARRIED
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NEWCASTLE VILLAGE AND DISTRICT HISTORICAL SOCIETY
Resolution #GPA-185-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Application #07-08 — Newcastle Village and District Historical Society, be
approved for a grant in the amount of$1,500.00.
CARRIED
HAMPTON HALL BOARD
Resolution #GPA-186-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Application #07-10 — Hampton Hall Board, be approved for a grant in the amount
of $2,500.00.
CARRIED
HAYDON COMMUNITY CENTRE
Resolution #GPA-187-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT Application #07-11 - Haydon Community Centre, be approved for a grant in the
amount of $2,500.00.
CARRIED
KENDAL COMMUNITY CENTRE
Resolution #GPA-188-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Application #07-12 — Kendal Community Centre, be approved for a grant in the
amount of$2,500.00.
CARRIED
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NEWCASTLE MEMORIAL ARENA MANAGEMENT BOARD
Resolution #GPA-189-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Application #07-14 — Newcastle Memorial Arena Management Board, be
approved for a grant in the amount of$5,000.00.
CARRIED
NEWTONVILLE COMMUNITY HALL
Resolution #GPA-190-07
Moved by Councillor Trim, seconded by Councillor Foster
THAT Application #07-15 — Newtonville Community Hall, be approved for a grant in the
amount of $2,500.00.
CARRIED
ODDFELLOW AND REBEKAH CENTRE
Resolution #GPA-191-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT Application #07-16 — Oddfellow and Rebekah Centre, for a grant in the amount of
$2,000.00 be denied.
MOTION LOST
Resolution #GPA-192-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Application #07-16 — Oddfellow and Rebekah Centre, be approved for a grant in
the amount of$2,000.00.
MOTION LOST
Resolution #GPA-193-07
Moved by Mayor Abernethy, seconded by Councillor Hooper
THAT Application #07-16 — Oddfellow and Rebekah Centre, be approved for a grant in
the amount of$1,000.00.
CARRIED
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ORONO TOWN HALL BOARD
Resolution #GPA-194-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT Application #07-17 —Orono Town Hall Board, be approved for a grant in the
amount of$2,500.00.
CARRIED
TYRONE COMMUNITY CENTRE
Resolution #GPA-195-07
Moved by Councillor Woo, seconded by Councillor Novak
THAT Application #07-18 —Tyrone Community Centre, be approved for a grant in the
amount of$2,500.00.
CARRIED
BOWMANVILLE / NEWCASTLE BASEBALL ASSOCIATION
Resolution #GPA-196-07
Moved by Councillor Foster, seconded by Councillor Woo
THAT Application #07-19 — Bowmanville / Newcastle Baseball Association, be approved
for a grant in the amount of$1,000.00.
CARRIED
CADS DURHAM
Resolution #GPA-197-07
Moved by Councillor Foster, seconded by Councillor Trim
THAT Application #07-20 —CADS Durham, be approved for a grant in the amount of
$500.00.
CARRIED
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CLARINGTON BASEBALL CLUB
Resolution #GPA-198-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Application #07-21 — Clarington Baseball Club, be approved for a grant in the
amount of$500.00.
MOTION LOST
Resolution #GPA-199-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT Application #07-21 — Clarington Baseball Club, be approved for a grant in the
amount of$1,000.00.
CARRIED
CLARINGTON SWIM CLUB
Resolution #GPA-200-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Application #07-22 — Clarington Swim Club, be approved for a grant in the
amount of $1,500.00.
CARRIED
COURTICE KIDS OF STEEL TRIATHLON
Resolution #GPA-201-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Application #07-23 — Courtice Kids of Steel Triathlon, be approved for a grant in
the amount of$1,000.00.
CARRIED
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COURTICE PARKS BASEBALL AND SOFTBALL ASSOCIATION
Resolution #GPA-202-07
Moved by Councillor Woo, seconded by Councillor Novak
THAT Application #07-24 — Courtice Parks Baseball and Softball Association, be
approved for a grant in the amount of $1,000.00.
CARRIED
NEWCASTLE FAMILY CONNECTION
Resolution #GPA-203-07
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Application #07-25 — Newcastle Family Connection, be approved for a grant in
the amount of$500.00.
CARRIED
NEWCASTLE SKATING CLUB
Resolution #GPA-204-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Application #07-26 Newcastle Skating Club, be approved for a grant in the
amount of$1,500.00.
CARRIED
ORONO AMATEUR ATHLETIC ASSOCIATION
Resolution #GPA-205-07
Moved by Councillor Trim, seconded by Mayor Abernethy
THAT Application #07-27 — Orono Amateur Athletic Association, be approved for a
grant in the amount of$2,500.00.
CARRIED
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ORONO FIGURE SKATING CLUB
Resolution #GPA-206-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Application #07-28 — Orono Figure Skating Club, be approved for a grant in the
amount of$1,500.00.
CARRIED
BEEN THERE —A PROJECT FOR AT RISK YOUTH
Resolution #GPA-207-07
Moved by Councillor Woo, seconded by Mayor Abernethy
THAT Application #07-29 — Been There — A Project For At Risk Youth, be approved for
a grant in the amount of $1,000.00.
MOTION LOST
Resolution #GPA-208-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT Application #07-29 — Been There —A Project For At Risk Youth, be approved for
a grant in the amount of $500.00.
CARRIED
BIG BROTHERS AND SISTERS OF CLARINGTON
Resolution #GPA-209-07
Moved by Councillor Woo, seconded by Councillor Foster
THAT Application #07-30 — Big Brothers and Sisters of Clarington, be approved for a
grant in the amount of$2,000.00.
CARRIED
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BOWMANVILLE-CLARINGTON PERFORMING ARTS ASSOCIATION
Resolution #GPA-210-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Application #07-31 — Bowmanville-Clarington Performing Arts Association, be
approved for a grant in the amount of$500.00.
CARRIED
BOWMANVILLE NEW HORIZONS BAND
Resolution #GPA-211-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT Application #07-32 — Bowmanville New Horizons Band, be approved for a grant
in the amount of$500.00.
CARRIED
CANADIAN MENTAL HEALTH ASSOCIATION I DURHAM
Resolution #GPA-212-07
Moved by Councillor Novak, seconded by Councillor Trim
THAT Application #07-33 - Canadian Mental Health Association/Durham, for a grant in
the amount of$2,000.00 be denied.
MOTION LOST
Resolution #GPA-213-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Application #07-33 — Canadian Mental Health Association/Durham, be approved
for a grant in the amount of$1,000.00.
CARRIED
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CANADIAN RED CROSS
Resolution #GPA-214-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT Application #07-34 — Canadian Red Cross, for a grant in the amount of $5,000.00
be denied.
CARRIED
CLARINGTON ARTS AND MUSIC FESTIVAL
Resolution #GPA-215-07
Moved by Councillor Novak, seconded by Councillor Trim
THAT Application #07-35 — Clarington Arts and Music Festival, be approved for a grant
in the amount of$500.00.
CARRIED
CLARINGTON CONCERT BAND
Resolution #GPA-216-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT Application #07-36 — Clarington Concert Band be approved for a grant in the
amount of$500.00.
CARRIED
CLARINGTON EAST FOOD BANK
Resolution #GPA-217-07
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Application #07-37 — Clarington East Food Bank, be approved for a grant in the
amount of $1 ,000.00.
CARRIED
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CLARINGTON FIDDLE CLUB
Resolution #GPA-218-07
Moved by Councillor Novak, seconded by Mayor Abernethy
THAT Application #07-38 —Clarington Fiddle Club, be approved for a grant in the
amount of$500.00.
CARRIED
CONCERTS IN THE PARK (BOWMANVILLE)
Resolution #GPA-219-07
Moved by Councillor Novak, seconded by Mayor Abernethy
THAT Application #07-41 — Concerts in the Park (Bowmanville), be approved for a grant
in the amount of $500.00.
MOTION LOST
Resolution #GPA-220-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT Application #07-41 — Concerts in the Park (Bowmanville), be approved for a grant
in the amount of$750.00.
CARRIED
MUSIC NIGHT IN THE PARK - NEWTONVILLE
Resolution #GPA-221-07
Moved by Mayor Abernethy, seconded by Councillor Foster
THAT Application #07-48 — Music Night in the Park - Newtonville, be approved for a
grant in the amount of$750.00.
CARRIED
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NEWCASTLE VILLAGE CONCERTS
Resolution #GPA-222-07
Moved by Mayor Abernethy, seconded by Councillor Foster
THAT Application #0749 — Newcastle Village Concerts, be approved for a grant in the
amount of $750.00.
CARRIED
DRIFTWOOD THEATRE
Resolution #GPA-223-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Application #07-42 — Driftwood Theatre, be approved for a grant in the amount of
$500.00.
CARRIED
DURHAM REGION NON PROFIT HOUSING CORPORATION
Resolution #GPA-224-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT Application #07-43 — Durham Region Non Profit Housing Corporation, for a grant
in the amount of$5,000.00 be denied.
CARRIED
EPILEPSY DURHAM REGION
Resolution #GPA-225-07
Moved by Councillor Trim, seconded by Councillor Foster
THAT Application #07-44 — Epilepsy Durham Region, for a grant in the amount of
$1,000.00 be denied.
CARRIED
-22 -
334
General Purpose and Administration Committee
Minutes
March 5, 2007
KENDAL LIONS CLUB
Resolution #GPA-226-07
Moved by Councillor Novak, seconded by Councillor Foster
I
THAT Application #07-45 — Kendal Lions Club, for a grant in the amount of$1,000.00
be denied.
MOTION LOST
Resolution #GPA-227-07
Moved by Councillor Trim, seconded by Mayor Abernethy
THAT Application #07-45— Kendal Lions Club, be approved for a one-time grant in the
amount of$500.00.
CARRIED
LEARNING DISABILITIES ASSOCIATION OF PETERBOROUGH-CLARINGTON
SERVICES
Resolution #GPA-228-07
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Application #07-46 — Learning Disabilities Association of Peterborough-Clarington
Services, grant in the amount of$1,500.00 be tabled in order to provide further
information.
WITHDRAWN
Resolution #GPA-229-07
Moved by Councillor Foster, seconded by Mayor Abernethy
THAT Application #07-46 — Learning Disabilities Association of Peterborough-Clarington
Services, be approved for a grant in the amount of$750.00.
CARRIED
- 23 -
335
General Purpose and Administration Committee
Minutes
March 5, 2007
MITCHELL FRASER MEMORIAL SLO PITCH TOURNAMENT
Resolution #GPA-230-07
Moved by Councillor Novak, seconded by Mayor Abernethy
THAT Application #07-47— Mitchell Fraser Memorial Slo Pitch Tournament, for a grant
in the amount of$2,120.00 be denied.
CARRIED
ROCKY'S RIDE FOR DIABETES
Resolution #GPA-231-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT Application #07-50 — Rocky's Ride for Diabetes, for a grant in the amount of
$3,550.00 be denied.
CARRIED
TYRONE COMMUNITY HERALD NEWSLETTER
Resolution #GPA-232-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT Application #07-51 — Tyrone Community Herald Newsletter, for a grant in the
amount of$600.00 be denied.
CARRIED
ORONO TOWN HALL BOARD
Resolution #GPA-233-07
Moved by Mayor Abernethy, seconded by Councillor Trim
THAT Application #07-17 — Orono Town Hall Board, grant in the amount of$2,500.00
be increased by an additional $500.00 to be allocated specifically for the
175th Orono Town Hall Board Anniversary.
CARRIED
-24 -
336
General Purpose and Administration Committee
Minutes
March 5, 2007
Resolution #GPA-234-07
Moved by Councillor Foster, seconded by Councillor Trim
THAT review of the Municipal Grants Program be undertaken by staff for the 2008
Municipal Grants.
CARRIED
Councillor Hooper chaired this portion of the meeting.
Resolution #GPA-235-07
Moved by Councillor Foster, seconded by Mayor Abernethy
THAT the Committee recess for 5 minutes.
CARRIED
The meeting reconvened at 12:30 p.m.
CLERK'S DEPARTMENT
ADULT ENTERTAINMENT BY-LAW
Resolution #GPA-236-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report CLD-006-07 be received; and
THAT the By-law attached to Report CLD-006-07 be forwarded to Council for approval.
CARRIED
Mayor Abernethy chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
PURCHASING BY-LAW 2006-127 AMENDMENT
Resolution #GPA-237-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT Report COD-008-07 be received;
-25 -
337
General Purpose and Administration Committee
Minutes
March 5, 2007
THAT By-law 2006-127 be amended as per Schedule "A' attached to
Report COD-008-07; and
THAT the amending By-law (Schedule A attached to Report COD-008-07) be forwarded
to Council for approval.
CARRIED
RFP2006-13, PLAYGROUND EQUIPMENT
Resolution #GPA-238-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report COD-009-07 be received; and
THAT Council confirm the award of the RFP2006-13, Playground Equipment in the
amount of $70,754.71 to Recreation Play Systems, Waterloo, Ontario.
CARRIED
FINANCE DEPARTMENT
COMRIF ASSISTANCE FOR MUNICIPAL ASSET MANAGEMENT
Resolution #GPA-239-07
Moved by Councillor Trim, seconded by Councillor Foster
THAT Report FND-005-07 be received;
THAT Council authorize staff to enter, complete, and submit the necessary paperwork
for the Asset Management Program (AMP) as administered by the COMRIF Joint
Secretariat;
THAT Council authorize staff to enter into a Contribution Agreement with the Province
of Ontario when required by the COMRIF Joint Secretariat, with the appropriate By-Law
being executed by the Mayor and Clerk; and
THAT Council commits to provide its one-third funding contribution to the Asset
Management Program consistent with the requirements of the overall COMRIF program
at an estimated value of $13,675.
CARRIED
- 26 -
338
General Purpose and Administration Committee
Minutes
March 5, 2007
CHIEF ADMINISTRATIVE OFFICE
MAYOR'S COMPENSATION REVIEW - 2007
Resolution #GPA-240-07
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Report ADM-002-07 be received for information; and
THAT Staff bring forward a comprehensive by-law to consolidate the current
compensation applicable for the prevailing term of Council inclusive of the 1/3 tax free
allowance commitment as required under the Municipal Act, section 283 (7).
CARRIED AS AMENDED
(SEE FOLLOWING MOTION)
Resolution #GPA-241-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the foregoing resolution be amended by adding a new additional Section 2 as
follows:
2. THAT the monthly rate of travel allowance for the Mayor be set at $850.
CARRIED
The foregoing resolution #GPA-240-07 was then put to a vote and CARRIED AS
AMENDED.
UNFINISHED BUSINESS
Resolution #GPA-242-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Harold Sellers, Oak Ridges Trail Association, be advised of the approval for a
grant in the amount of$500.00.
CARRIED
Resolution #GPA-243-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT public meetings be held to gain input from the public and interested stakeholders
concerning Direct Election of Durham Regional Council Chair.
MOTION LOST
- 27 -
339
General Purpose and Administration Committee
Minutes
March 5, 2007
Resolution #GPA-244-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Jim Richards, Linda Gasser and Sally Thurlow be thanked for their delegations
concerning Direct Election of Durham Regional Council Chair.
CARRIED
OTHER BUSINESS
There was no other business introduced.
ADJOURNMENT
Resolution #GPA-245-07
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the meeting adjourn at 12:55 p.m.
CARRIED
MAYOR DEPUTY CLERK
- 28 -
340
CORPORATION THE RUPL MEETING
ti,C■l s■�/�R MUNICIPALITY OF F CLARINGTON REPORT # PSD-033-07
Leading the Way :NOTICE OF PUBLIC.PSEETING - PRESTONVALE LAND
DEVELOPMENT APPLICATION BY: PRESTONVALE LAND CORPORATION
A N APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW AND DRAFT PLAN OF SUBDIVISION
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed a proposed Zoning
By-law Amendment and a Draft Plan of Subdivision under Sections 34 and 51 respectively of the Planning Act, 1990, as
amended.
APPLICATION DETAILS
The proposed Zoning By-law Amendment and Draft Plan of Subdivision submitted by Prestonvale Land Corporation would
permit the development of a plan of subdivision having a total of 48 residential units consisting of 38 single detached dwellings
and 10 semi-detached/link dwellings.
The subject property is located in Part Lots 32&33, Concession 2,former Township of Darlington as shown on reverse.
Planning File Nos.: S-C-2007-0003 and ZBA2007-0004
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,March 26, 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, April 2, 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, March 28, 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 approval of the Zoning By-law
Amendment and Draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 2nd Floor, 40
Temperance Street, Bowmanville, Ontario L1C 3A6.
Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and
August 8:00 a.m. to 4:00 p.m.) at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario
L1C 3A6, or by calling Susan Ashton at(905)623-3379 extension 218 or by e-mail at sashton(r)clarington.net.
APPEAL
If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment and Draft Plan
of Subdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written
submissions before the proposed Zoning By-law. Amendment and Draft Plan of Subdivision are approved, the Ontario
Municipal Board may dismiss all or part of the appeal.
Dated at the Municipality of Clarington this 22nd day of February, 2007.
David Crome, M.C.I.P.,R.P.P. 40 Temperance Street
Director of Planning Services Bowmanville, Ontario
Municipality of Clarington L1C 3A6
501
CORPORATION OF THE
• PUBLIC MEETING
MUNICIPALITY OF CLARINGTON
ll ■,/i1 NOTICE OF PUBLIC MEETING SPORT # PSD-034-07
1707526 ONTARIO LIMITED
Leading the Way - -
DEVELOPMENT APPLICATION BY: 1707526 ONTARIO LIMITED
AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law
Amendment under Section 34 of the Planning Act, 1990, as amended.
APPLICATION DETAILS
The proposed Zoning By-law Amendment submitted by 1707526 Ontario Limited would permit the operation of a temporary
sales office for a condominium development.
The subject property is located on Part Lot 17, Concession 1, former Township of Bowmanville, municipally known as 2345
Highway No. 2, Bowmanville, as shown on reverse.
The Municipality of Clarington has deemed the above-noted application complete.
Planning File Nos.: ZBA 2007-0012 & SPA 2007-0012
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments,
identify issues and provide additional information relative to the proposed development The public meeting will be held on:
DATE: Monday, March 26, 2007
TIME: 9:30 a.m.
PLACE: Council Chambers, 2n° 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.
Af you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on
Monday April 2 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, March 28, 2007,to have your name appear in the Agenda.
COMMENTS OR QUESTIONS?
If you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law, Zoning By-law
Amendment, or of the refusal of a request to amend the Zoning By-law, you must make a written request to the Clerk's
Department,2n6 Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6.
Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m, (during July and
August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3'" Floor, 40 Temperance Street, Bowmanville, Ontario
L1C 3A6, or by calling Sarah Armstrong at(905)623-3379 eytension 261 or by e-mail at sarmstrong@claringlon.net.
APPEAL
If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality
of Clarington Planning Services Department before the proposed Zoning By-law or Zoning By-law Amendment is approved, the
person or public body is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board.
If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality
of Clarington before the proposed Zoning By-law or Zoning By-law Amendment is approved, the person or public body may not
be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there
are reason le grounds to add the person or public body as a party.
*reicipality of Clarington this 28'" day of February 2007.
e . .P. 40 Temperance Street
Planning Services Bowmanville, Ontario
Municipality of Clarington L1C 3A6
503
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 26, 2007
Report#: PSD-033-07 File #: S-C-2007-0003 By-law#:
and ZBA 2007-0004
Subject: APPLICATION FOR PROPOSED PLAN OF SUBDIVISION AND ZONING BY-
LAW AMENDMENT
APPLICANT: PRESTONVALE LAND CORPORATION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-033-07 be received;
2. THAT the applications for a proposed Plan of Subdivision and Zoning By-law
Amendment submitted by Prestonvale Land Corporation be referred back to Staff for
further processing and the preparation of a subsequent report; and,
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by: Reviewed by. "USG
d J. r e, M.C.I. . R. .P. Franklin Wu,
i ect
or of Planning g Services Chief Administrative Officer
SA/CP/DJC/sh/dffd
March 19, 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-033-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Prestonvale Land Corporation
1.2 Owner: Prestonvale Land Corporation and Paul Lysyk Family Trust
1.3 Agent: D.G. Biddle and Associates Ltd.
1.4 Applications:
Plan of Subdivision:
Residential plan of subdivision for a total of 48 dwelling units, consisting of
10 semi-detached dwelling and 38 single detached dwellings.
Zoning By-law Amendment:
To rezone the subject lands from the "Urban Residential Type One (R1)
and Holding — Urban Residential Type One (H(R1)) to appropriate zones
to permit the proposed plan of subdivision.
1.5 Site Area: 3.2 ha
1.6 Location: The subject lands are located in Courtice, east of Prestonvale Road and
the majority of the application is on the north side of Oke Road
(Attachment 1). The property is contained within Part Lots 32 & 33,
Concession 2, in the former Township of Darlington.
2.0 BACKGROUND
2.1 On December 21, 2006, Prestonvale Land Corporation submitted applications to the
Municipality of Clarington to permit the development of 48 new dwellings.
2.2 Two land division applications were recently approved by the Region of Durham Land
Division Committee for the land assembly of this proposed draft plan of subdivision.
LD013/2007 and LD016/2007 added the lands south of Oke Road to the proposed plan
of subdivision.
2.3 An Environmental Site Assessment Phase 1 and a Soil Investigation Report
accompanied the application. These are summarized in Section 7.O of this report.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is currently vacant and has frontage along Oke Road and
Prestonvale Road. A portion of this property was previously used for agriculture and the
remainder is a greenfield site.
602
REPORT NO.: PSD-033-07 PAGE 3
3.2 Surrounding Uses:
North: urban residential - single detached dwellings
South: vacant lands, previously used for agriculture, inside the Courtice
urban area boundary
East: urban residential - single detached dwellings
West: urban residential - single detached dwellings
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) states that all new development should occur
adjacent to the existing built-up area, and have a compact form. There should be
efficient use of infrastructure including water and sanitary services and existing road
networks. Development should be phased to ensure the orderly progression of
development within a designated growth area.
This application is within a planned neighbourhood, the Emily Stowe Neighbourhood
(N8). Phasing for this neighbourhood indicates that this area is the next phase for
development so the application is timely. Servicing is available for this development
and there is an existing road network of collector and arterial roads with capacity to
accommodate traffic from the proposed subdivision. The application conforms with the
Provincial Policy Statement.
4.2 Provincial Growth Plan
The Growth Plan states that intensification is to be encouraged throughout built-up
areas. Intensification can be achieved through infill development, such as this, where
infrastructure can accommodate the development. The Neighbourhood Design Plan
identified the potential for 61 new dwelling units on these lands. The current application
is for just 48 new dwelling units, and staff are in discussion with the applicant to
increase the number of dwelling units.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the land "Living Area". Living Areas shall
be predominantly used for housing purposes. Development in urban areas shall have
regard for: compact urban form; the use of good urban design principles; use a grid
street pattern; provide for parks; access to transit; the capacity of existing services; and,
the balance between energy efficiency and cost.
5.2 Clarington Official Plan
The Clarington Official Plan designates the land "Urban Residential" and is slated for
low density development. Low Density development is for 10-30 units per net ha, and is
603
REPORT NO.: PSD-033-07 PAGE 4
predominantly for single detached and semi-detached/link dwellings. Low density areas
are generally internal to neighbourhoods and are not abutting arterial roads.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 as amended, zones the subject land "Holding — Urban Residential
Type One (H(R1))" and "Urban Residential Type One (R1)". The applicant has applied
to rezone the property to permit the proposed subdivision development.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 Environmental Site Assessment Phase 1
The Environmental Site Assessment, Phase 1 by Soil Engineers Ltd. was done in
August 2005. The study indicates that the majority of the site has previously been used
only for agricultural purposes, and at the northern end of the site a small area was used
for a receiving tower facility owned by Rogers Cable T.V. The study reviewed historical
records, observations of adjacent properties, geotechnical investigation findings and a
building audit. The geotechnical investigation consisted of 4 boreholes to a depth of
6.3 metres each. No obvious signs of soil contamination were found from the test soil.
The report concludes that there are no issues of environmental concern with regard to
the subject property or surrounding lands.
7.2 Soil Investigation Report
The Soil Investigation for Proposed Residential Development was done by Soil
Engineers Ltd. in September 2005. This study investigated the subsurface conditions
and determined the engineering properties of the soils for the proposed construction of
dwellings and roads. There were no severe limiting conditions found and provided the
Ontario Building Code and Clarington Design Criteria and Standard Drawings are
adhered to, construction may proceed.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site.
Also three (3) public meeting notice signs were installed on the property along the
Prestonvale Road and Oke Road frontages. As this application was received prior to
January 1, 2007, Bill 51 procedures are not applicable.
8.2 To date no inquiries have been received following the sign being posted and notice
mailed out.
604
REPORT NO.: PSD-033-07 PAGE 5
9.0 AGENCY COMMENTS
9.1 At the writing of this report, comments have been received from Rogers Cable, Bell
Canada, and Clarington Emergency Services. These comments have been forwarded
9 9 Y
to the applicant for review.
9.2 There were no objections from Rogers Cable or Clarington Emergency Services. Bell
Canada will submit more detailed comments later.
9.3 Comments are outstanding from: Central Lake Ontario Conservation Authority, Regional
Planning and Regional Works Departments, Clarington Engineering Services, Enbridge
Gas, Hydro One Networks Inc. and the School Boards.
10.0 STAFF COMMENTS
10.1 This is an infill development, surrounded on three sides by existing low density
residential development. The owner has amalgamated four parcels to create one
planned development. The site will be accessed in two locations: by a local road, Oke
Road to the south, and by a collector road, Prestonvale Road, at the north end. A new
street, Street A, will link Oke Road to Prestonvale Road.
10.2 As an infill development inside the Courtice Urban Area boundary, there are existing
regional services in the area for both municipal water and municipal sanitary service.
Also, Durham Transit currently operates a bus route along Prestonvale Road between
Southfield Drive and Claret Road, providing alternate transportation opportunities.
Currently there is a neighbourhood park (Stuart Park) and a parkette (Glenabbey
Parkette) for use of the future residents of this proposed plan of subdivision.
10.3 The proposed subdivision is located in the Emily Stowe Neighbourhood which has an
approved neighbourhood plan dated November, 1999. The application as submitted is
underachieving the neighbourhood plan density. Given that the Provincial Growth Plan
is requiring more compact development and higher densities for new development,
including infill development, Staff finds that this application needs further analysis and
revision. Staff have been in discussion with the agent for the application, and it would
appear that a higher density can be achieved with different lot sizes and a different
lotting pattern. The development will still remain low density.
11.0 CONCLUSION
11.1 In consideration of the issues raised and the agency comments not received at the
writing of this report, and that the purpose of this meeting is to fulfill the Planning Act
requirements for a Public Meeting, it is recommended that the application be referred
back to staff for further processing.
605
REPORT NO.: PSD-033-07 PAGE 6
Attachments:
Attachment 1 - Key Map
Attachment 2 — Proposed Draft Plan
Interested parties to be notified of Council and Committee's decision:
Prestonvale Land Corporation
Paul Lysyk Family Trust
D.G. Biddle &Associates
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Clarington REPORT
Leading Uee way
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 26, 2007 C
Report#: PSD-034-07 File #: &ZBA 2007-0012
SPA 2007-0012 By-law #: ,2co4-066
Subject: REZONING TO PERMIT A TEMPORARY SALES OFFICE
APPLICANT: 1707526 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-034-07 be received;
2. THAT provided that there are no major issues raised at the Public Meeting the rezoning
application submitted by 1707526 Ontario Limited be APPROVED and that the attached
Zoning By-law Amendment be passed by Council;
3. THAT a copy of Report PSD-034-07, and the attached amending By-law be forwarded
to the Durham Regional Planning Department and the Municipal Property Assessment
Corporation; and
4. THAT the Region of Durham, the applicant, all interested parties listed in this report and
any delegations be advised of Council's decision and forwarded a Notice of Adoption.
-T
Submitted by: Reviewed b .
Davi . Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
SA2*DJC-jd
15 March 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-034-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: 1707526 Ontario Limited
1.2 Owner: 1707526 Ontario Limited
1.3 Proposal: To rezone the subject lands from "Agricultural (A)° Zone to an
appropriate zone to permit a temporary sales office for a
condominium development located on the southwest corner of
Highway No. 2 and Green Road.
1.4 Area: 0.43 ha (4,292 mZ)
1.5 Location: Part Lot 17, Concession 1, former Township of Bowmanville,
Municipally known as 2345 Highway 2, Bowmanville.
2.0 BACKGROUND
2.1 On February 20, 2007, 1707526 Ontario Limited submitted an application to rezone
0.43 hectares at 2345 Highway 2 to permit a 247m2 temporary residential sales office
for condominium development on adjacent lands.
2.2 The applicant has concurrently applied for site plan approval for a sales office for
condominium development on adjacent land to the east, which is proposed to operate
out of the existing residential building located on the subject lands.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property and area subject to rezoning is 0.43 hectares, with a single
detached dwelling and a detached garage.
3.2 The surrounding uses are as follows:
North - Highway 2 and beyond, Commercial lands
South - Residential
East - Vacant Residential lands, subject to an application for Plan of
Condominium
West - Residential
611
REPORT NO.: PSD-034-07 PAGE 3
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The application does not conflict with the Provincial Policy Statement.
4.2 Provincial Growth Plan
This application takes account of the province's initiative to provide greater choice for
housing types in order to meet the needs of people at all stages of life. This application
conforms.
I
I
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Area. A
home sales office is permitted.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands Urban Residential. The Plan
permits temporary use by-laws subject to a number of provisions. Under the Planning
Act, temporary use by-laws are required to be renewed every three (3) years. The
proposed use conforms to this Plan.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63, as amended, zones the subject lands "Agricultural (A)" Zone. The
proposed use does not conform to the uses permitted in this zone and therefore this
rezoning application is required.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
lands and a public notice sign was installed on the Highway 2 frontage.
7.2 The Planning Services Department has received no inquiries about the proposed
rezoning to date.
8.0 AGENCY COMMENTS
8.1 The rezoning application and notice of public meeting was circulated to various
agencies and other departments by the Planning Services Department. Comments
612
REPORT NO.: PSD-034-07 PAGE 4
received to date are as follows:
• Clarington Emergency and Fire Services indicated that there were no fire safety
concerns.
• Clarington Engineering- Building Services Department had no objection to the
proposal, however, indicated that a building permit is required.
• Clarington Engineering- Engineering/Parks Department did not express concerns
with respect to the proposed use of the of the subject lands as a temporary sales
office. Issues such as grading, drainage and parkland dedication will be addressed
during the site plan review process.
• Durham Regional Planning indicated that there were no objections from a land use
perspective.
• Durham Regional Works Department had no objections to the proposed use.
• Durham Regional Health Department indicated that they have no objections to the
temporary zoning of the subject property.
9.0 STAFF COMMENTS
9.1 The applicant is requesting a temporary use by-law for a sales office for adjacent
condominium development. The proposal includes the expansion of the paved area to
accommodate additional parking on site and a ramp to provide for full accessibility. The
existing house will be used for the sales office in its current form with interior alterations.
The proposed use conforms to the policies of the Durham Regional and Clarington
Official Plans for the Living Area and Urban Residential designations respectively. The
sales office allows the promotion of a form of housing which makes efficient use of land
and infrastructure within the Bowmanville Urban Area, further diversifying Clarington's
housing stock.
9.2 A temporary use may be permitted subject to the conditions set out in the Clarington
Official Plan, to which the proposed use conforms. The proposed by-law to authorize a
temporary sales office on the subject land shall be in effect for not more than a period of
three (3) years from the day of the passing of the by-law. Upon the expiration of the
proposed by-law permitting the temporary use, the zoning will revert back to the existing
"Agricultural (A)" zoning, provided no further application to rezone or extend the
temporary use is received by the Municipality.
9.3 The applicant has applied for site plan approval. Agency comments and issues
pertaining to the review of all sales material to ensure accuracy will be addressed
through the site plan review process.
9.4 Also on this agenda for the General Purpose and Administrative Committee is a report
that recommends the approval of an Official Plan and Zoning By-law Amendment for the
proposed condominium development on the adjacent lands.
613
i
REPORT NO.: PSD-034-07 PAGE 5
10.0 CONCLUSION
10.1 Currently, . no objections or concerns have been received through public notice or
agency comments. Given the temporary nature of the proposed use, staff recommends
that the application to rezone the subject lands from "Agricultural (A)" to "Urban
Residential Exception (R1-68)" Zone to permit the use of a Temporary Sales Office for
condominium development for a period of up to three years expiring April 2, 2010 be
APPROVED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
614
Attachment 1
To Report PSD-034-07
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Attachment
To Report PSD-034-0
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2007-0012;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule 12.4 "SPECIAL EXCEPTIONS- URBAN RESIDENTIAL TYPE ONE
(R1) ZONE" is hereby amended by adding thereto, the following new Special
Exception 12.4.68 as follows:
12.4.68 URBAN RESIDENTIAL EXCEPTION (R1-68)ZONE.
Notwithstanding Section 12.1, those lands zoned R1-68 on the Schedules to this
By-law shall only be used for a Temporary Sales Office. For the purpose of this
section, Temporary Sales Office shall mean a temporary building used
exclusively by a realtor, builder, developer or contractor on a temporary basis for
the sale, display and marketing of residential units within a draft approved
condominium plan.
Pursuant to the requirements of Section 39 of the Planning Act, 1990, this use
may be permitted for a period of three years, ending April 2,2010.
2. Schedule "3" to By-law 84-63, as amended, is herby further amended by
changing the zone designation from "Agricultural (A)" to "Urban Residential
Exception (R1-68)"as illustrated on the attached schedule"A" hereto.
3. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 2007
BY-LAW read a second time this day of 2007
BY-LAW read a third time and finally passed this day of 2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
616
This is Schedule "A" to By-law 2007- ,
passed this day of , 2007 A.D.
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Leading the WayV REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 26, 2007
Report#: PSD-029-07 File#. 18T-86012 By-law#:
Subject: PROPOSED AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION
APPLICANT: 464367 ONTARIO LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-029-07 be received;
2. THAT the application for the proposed Amendment to Draft Approved Plan of Subdivision 18T-
86012, submitted by 464367 Ontario Ltd. be APPROVED as per Attachment 1, subject to the
conditions of Draft Approval, as contained in Attachment 2;
3. THAT the Mayor and Clerk be authorized by By-law to enter into an agreement with the Owners
and the By-law be forwarded to Council for approval at such time the Owners are prepared to
proceed with this development;
4. THAT a By-law to remove the "Holding (H)" Symbol be forwarded to Council at such time as the
Owners have entered into a subdivision agreement with the Municipality;
5. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning
Department and Municipal Property Assessment Corporation (MPAC); and
6. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by: Reviewed b
avi . Crome, M.C.I.P., R.P.P. )ra Wu
Director, Planning Services Chief Administrative Officer
BR/CP/DJC/df
19 March 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
618
REPORT NO.: PSD-029-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: 464367 Ontario Ltd. (Bob Craig)
1.2 Proposed Amendment to Draft Approved Plan of Subdivision:
The number of residential units is being reduced from nine (9) to
seven (7)
1.3 Plan Area: 3.65 hectares (9.02 acres)
1.4 Location: Tyrone, north of Concession Road 7, west of Liberty Street North
and east of Tyrone Community Centre and Park.
2.0 BACKGROUND
2.1 On August 8, 2006, 464367 Ontario Ltd. (Bob Craig) submitted the subject application to
amend the Draft Approved Plan of Subdivision to the Planning Services Department.
2.2 The previous draft approved plan, as amended August 24, 1989, provided for nine (9) lots
with a minimum lot area of 0.3 ha (0.75 acres). Planning and other regulatory standards
have changed since then and to help facilitate final approval of this subdivision, the
applicant has brought the plan into conformity with current standards and this has resulted
in the proposal being revised downward to seven (7) detached units.
2.3 A hydrogeological study done by Gibson Associates, was submitted in support of the
proposal's individual private water supply and sewage disposal systems. This Study was
peer reviewed by another hydrogeological consultant, Gartner Lee Limited under the
supervision of the Regional Health Department.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is within the Hamlet of Tyrone and is vacant. It has a ridge forming a
drainage divide, which runs diagonally across the property northwest-southwest.
3.2 The surrounding land uses are as follows:
North - vacant
South - detached dwellings
East detached dwellings
West - Tyrone Community Centre and Park
619
REPORT NO.: PSD-029-07 PAGE 3
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The proposal when built will round out the Hamlet of Tyrone in its northwest quadrant.
This is consistent with the Statement's requirement for settlement areas to be the focus of
growth and for their vitality and regeneration to be promoted. The proposal is not a Hamlet
expansion but instead represents development within the Hamlet limits.
4.2 Greenbelt Plan
Development within hamlets such as Tyrone, identified in local Official Plans, is not subject
to the policies of the Greenbelt Plan. The Clarington Official Plan policies govern the
development of new lots within the existing hamlet boundary. The Greenbelt Plan permits
development of hamlets subject to appropriate water and sewage services.
4.3 Provincial Growth Plan
The Plan states new multiple lots for residential development will be directed to settlement
areas. The proposal conforms since it is in the settlement area of the Hamlet of Tyrone.
5.0 OFFICIAL PLANS
5.1 Regional Official Plan
The Regional Official Plan designates the subject property as part of a Hamlet. This
proposal conforms.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject property as Hamlet Residential. The
proposed use conforms. This amendment to draft approved plan of subdivision application
was accompanied by a comprehensive report analyzing the area's hydrogeological
regime, assessment of both the long-term suitability for wells, and soils for private sewage
disposal (septic systems) and surface drainage. This report was subjected to a peer
review process conducted by a consultant working for the Region and in short, the findings
were validated.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject property "Holding — Residential Hamlet ((H) RH)"
with the exception of the east end of the subdivision road allowance which is "Residential
Hamlet (RH) Zone". This proposal conforms.
620
REPORT NO.: PSD-029-07 PAGE 4
7.0 PUBLIC SUBMISSIONS
7.1 In response to the public notice, the Planning Services Department has received three
written submissions, all expressing a concern with the potential effect the proposal may
have on the quantity and quality of nearby well water.
7.2 One submission suggested that through development of three previous subdivisions in
Tyrone, many residents experienced a water shortage that did not previously exist.
There is concern there will be a loss of water supply due to excavations for the - roads,
swales and septic beds, for this proposal. The resident wanted assurance on who will
resolve potential water problems. The submission also suggested that a new
subdivision such as the proposal would increase property taxes.
7.3 A second submission noted that in the last 10 years, three subdivisions have been built
in the area generating water issues for at least three older residences in the area. It is
feared that with the building of seven additional homes to the north, the quantity and
quality of water for existing residents might be impacted from drilling of new wells or
excavation disturbance. Assurance was requested on who was responsible for the
costs of corrective actions. The existing residents should not have to pay for drilling
new wells.
In addition, it was suggested that funds should be allocated to Tyrone for improvements
as the result of this new subdivision. This included repairing sidewalks that are in
disrepair, and improving parks that only have bare necessities.
7.4 A third submission noted their family had resided south of the proposal for more than
five years and had never had an issue/problem with their well, and their major concern
was that the proposal might affect their well.
7.5 The property owner at the southwest corner of the proposed subdivision street and
Liberty Street North intersection requested a second driveway to his property from the
new street. He also suggested willingness to dedicating the corner of his property at the
above intersection as a daylight sight triangle.
7.6 A review and discussion of the public submissions is contained in the staff comments
section of this report.
8.0 AGENCY COMMENTS
8.1 The application to amend the Draft Approved Plan of Subdivision was circulated to various
agencies and other departments by the Planning Services Department. Clarington
Emergency and Fire Services, the Clarington Building Division, the public school board,
Enbridge and Rogers Cable all had no objections. Other comments received are as
follows.
8.2 The separate school board requested safe pedestrian routes and street crossings as well
as traffic planning to facilitate school bus movements. The seven dwelling units of the
621
REPORT NO.: PSD-029-07 PAGE 5
subdivision should not significantly increase traffic in the area and obviously will have a
little less impact than the currently approved nine (9) unit subdivision. The walkway to
Tyrone Community Centre and Park should improve safety for child pedestrians in the
area.
8.3 Regional Health has worked with Regional Planning to formulate the Region's revised
Conditions of Draft Approval.
8.4 Clarington Engineering Services Department has no objection to Amending Draft
Approval. A 5.0 metre x 5.0 metre sight triangle is required on the south side of the
intersection of the subdivision street and Liberty Street North. A preliminary Grading Plan
has been accepted by the Engineering Services Department. Stormwater from Lots 5,
6 and 7 will be handled through a drainage easement on a property at the north-east
corner of the site. The Grading Plan provides for the majority of the drainage from Lots
T-4 to be diverted from the north-east to the Venton Court drainage ditch. Engineering
Services provided a standard list of conditions for draft approval.
8.5 Central Lake Ontario Conservation is satisfied with the drainage scheme for the purpose
of draft approval. Details will be finalized at the detailed engineering stage. The Authority
has provided its Conditions of Draft Approval requiring, prior to on-site work or final
approval of the plan, the submission to the Authority and Clarington, and approval from
same, for reports on conveyance of stormwater in accordance with provincial guidelines,
proposal impact on water quality for fish and wildlife after mitigation, erosion and
sedimentation control in accordance with provincial guidelines and the Canada Fisheries
Act.
The Authority requires the subdivision agreement stipulate the Owner is to maintain all
stormwater and erosion/sedimentation structures in a manner satisfactory to the Authority.
9.0 STAFF COMMENTS
9.1 A hydrogeological study was prepared by Gibson Associates in support of the application
to reduce the number of residential units from nine (9) to seven (7). The peer review
consultant has agreed with the findings that seven (7) lots is supported with an adequate
supply of potable water and without causing adverse affects on existing and proposed
wells. The seven (7) lots are also acceptable from a groundwater impact perspective for
the proposed septic systems.
9.2 Gibson Associates has stated that the native silt till on the property has low permeability.
Basement excavations are expected to penetrate the water table but are expected to be
open for a relatively short duration. As such, the distance drawn down effect will be
modest such that any adverse impact is not expected to extend beyond the individual lot
boundaries. Other types of excavations are generally shallow and are not expected to
penetrate the water table or have a measurable adverse impact. To help address the
concerns raised by neighbouring residents, the consultant recommended a framework for
well monitoring to be paid for by the applicant. A well quality and quantity monitoring
report is a condition of draft approval.
622
REPORT NO.: PSD-029-07 PAGE 6
9.3 Gibson Associates has written a letter that provides a framework for a multi-stage well
monitoring program which includes the following:
• initial well monitoring be conducted on a bi-weekly basis for a minimum period of 6
weeks (four circuits of monitoring) to establish a firm basis for subsequent
comparison. Thereafter, predevelopment monitoring would be carried out at monthly
intervals.
• In the period when the subdivision's wells are being installed it is recommended that
monitoring be increased to weekly intervals. The monitoring program would
incorporate each new drilled well as they are completed.
• After new well installation, monitoring of the existing private wells would continue on
a monthly basis for a period of at least six months after the new drilled wells have
been installed.
• A monitoring report would be prepared for the Regional Health Department and the
Municipality after the post-development monitoring and sampling phase.
Staff has included conditions of draft approval dealing with well monitoring and well
interference. In addition, the Region of Durham Well Interference Policy requires the
developer, at his expense, to provide a water supply of equal quality and quantity to any
homeowner whose well is impacted as a result of development on adjacent lands.
9.4 Staff endorses the walkway provided in the plan. Through discussion with the applicant
the walkway has been widened from that originally proposed and is flared even wider
towards the connection with the park. The conditions require that the applicant submit an
energy management plan to identify how the applicant will implement energy conservation
measures. In addition to standard landscaping requirements for the road allowance, the
conditions of draft approval provide for the Owner to plant a minimum of five (5) trees per
lot.
9.5 Clarington Finance advises that for the subject lands all taxes have been paid.
10.0 CONCLUSIONS
10.1 In consideration of the comments received from area residents, the circulated agencies,
Provincial policy and the Clarington Official Plan, as summarized in this report, staff
respectfully recommends that the proposed amendment to draft approved plan of
subdivision 18T-86012, be approved subject to the conditions of draft approval contained
in Attachment 2.
Attachments:
Attachment 1 - Proposed Amended Draft Plan of Subdivision and Key Map
Attachment 2 - Revised Conditions of Draft Approval
623
REPORT NO.: PSD-029-07 PAGE 7
List of interested parties to be advised of Council's decision:
464367 Ontario Ltd.
Paul Rowan
Tammy and Paul Hamilton
Gerald Taylor
Richard and Patricia Woodcock
Debbie Phillips
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Attachment 2
To Report PSD-029-07
CONDITIONS OF DRAFT APPROVAL
DRAFT PLAN OF SUBDIVISION 18T-86012
1. The';conditions of draft approval for 18T-86012, issued on April 15, 1987, and as
amended, firstly on June 11, 1987, secondly on January 26, 1989, thirdly on August 24,
1989, and fourthly on May 11, 1990, be rescinded and replaced with the following
conditions.
PLAN IDENTIFICATION
2. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-86012, prepared by D.G. Biddle & Associates Limited identified as
project number 105137, and drawing number DP-1, dated December 2005, as revised
for the first time, dated January 2007, with the Plot Date of January 19, 2007, which
illustrates seven (7) lots for single detached dwelling units, a local road and a 6.0 metre
wide walkway.
FINAL PLAN REQUIREMENTS
3. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
4. The Owner shall name road allowances included in this draft plan to the satisfaction of
the Regional Municipality of Durham and the Municipality of Clarington.
5. The Owner shall dedicate a single 5.0 metre x 5.0 metre daylight sight triangle on the
southwest corner of the intersection of the subdivision's road allowance and Liberty
Street North.
6. All land dedications, easements, sight triangles and reserves as required by the
Municipality for this development must be granted to the Municipality free and clear of
all encumbrances and in a form satisfactory to the Municipality's Solicitor.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
7. The Owner shall submit plans showing the proposed phasing to the Region of Durham
and the Municipality of Clarington for review and 'approval if this subdivision is to be
developed by more than one registration.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
8. The Owner shall enter into a Subdivision Agreement with the Municipality and agree to
abide by all terms and conditions of the Municipality's standard subdivision agreement,
including, but not limited to, the requirements that follow.
626
9. The Owner will be required to provide appropriate cash contribution in lieu of the
parkland dedication in accordance with the requirements of the Planning Act.
10. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan for the proposed road allowance to the Director of Engineering
Services and the Director of Planning Services for review and approval. The
Landscaping Plan shall reflect the design. criteria of the Municipality as amended from
time to time. In addition, the Owner agrees to plant five (5) trees per lot that would meet
the Municipality's design criteria.
11. The Owner shall dedicate Block 8 on the draft plan to the Municipality of Clarington as
public walkway on the final plan.
12. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
13. The Owner shall submit the following information to the Municipality of Clarington
for approval:
i) a grading and control plan;
ii) a siting and architectural design report and implementing site plans and
architectural drawings; and
iii) a well monitoring/well interference report.
14. The Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review and
approval. All plans and drawings must conform to the Municipality's Design Criteria as
amended from time to time.
15. The Owner shall provide and install roads, walkways, street lights, etc. as per the
Municipality's standards and criteria.
16. The Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
17. Prior to the issuance of building permits, access routes to the subdivision must be
provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all
watermains and hydrants are fully serviced and the Owner agrees that during
construction, fire access routes be maintained according to Subsection 2.5.1.2 of the
Ontario Fire Code, storage of combustible waste be maintained as per Subsection
2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code.
18. All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of the
Municipality Development By-Law and all applicable legislation and to the satisfaction of
the Director of Engineering Services.
19. The Owner agrees to undertake a well monitoring program, acceptable to the Regional
Health Department and the Municipality of Clarington, for both water quality and
quantity of neighbouring wells. The monitoring shall begin a minimum period of 6
627
weeks (four circuits of monitoring) prior to any road construction, lot grading or well
construction. The monitoring shall continue and intensify during the period of well
installation. The monitoring shall continue on a monthly basis for a period of a year.
20. The Owner agrees that where the well or private water supply of any person is
interfered with as a result of the subdivision, the Owner shall at his expense, either
connect the affected party to municipal water supply system or provide a new well or
private water system so that water supplied to the affected party shall be of quality and
quantity at least equal to the quality and quantity of water enjoyed by the affected party
prior to the interference.
21. The Owner shall provide the Municipality, unconditional and irrevocable, Letters of
Credit acceptable to the Municipality's Treasurer, with respect to Performance
Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or
deposit as may be required by the Municipality.
22. The Owner shall pay to the Municipality, the development charge in accordance to the
Development Charge by-law as amended from time to time, as well as payment of a
portion of front end charges pursuant to the Development Charge Act if any are required
to be paid by the Owner.
23. The Owner supply on disk, in a CAD format acceptable to the Municipality a copy of the
proposed Plan of Subdivision as Draft Approved and the 40M-Plan.
24. The Owner agrees to include a clause in any Agreement of Purchase and Sale advising
future owners of the Municipality's Gate Access Policy to Municipal Open Space.
25. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, a provision requiring this development complies with the
principles of the Municipality of Clarington General Architectural Design Guidelines.
Specifically, building permit for the seven (7) lots will be reviewed for compliance with
the following architectural features:
• Main entrances;
• Windows;
• Wall cladding;
• Exterior colour; and
• Architectural detail.
26. The Owner must place in all agreements of purchase and sale for the lots, a warning:
"Existing and potential future agricultural operations are being conducted in the
surrounding lands, in compliance with the Clarington Official Plan and Zoning By-law,
other municipal and regional by-laws, and provincial legislation."
27. The Owner shall submit an Energy Management Plan to the satisfaction of the Director
of Planning outlining various means that the Owner will implement to support energy
conservation in the subdivision and house design.
28. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provision: the Owner agrees that the display
and marketing materials to be used for this development shall be submitted to the
628
Director of Planning Services and the Director of Engineering Services for approval.
Said plans and materials must receive approval prior to issuance of a building permit for
a sales facility or model home to be constructed on any Part of the Lands;
29. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of
Clarington. This shall include, among other matters, the execution of a subdivision
agreement between the Owner and the Municipality of Clarington concerning the
provision and installation of roads, services, drainage and other local services.
30. Prior to final approval, the proponent shall engage a qualified professional to carry out,
to the satisfaction of the Ministry of Culture, an archaeological assessment of the entire
development. property; and mitigate, through preservation or resource removal and
documentation, adverse impacts to any significant archaeological resources found. No
demolition, grading or other impacts to any significant archaeological resources shall
take place on the subject property prior to the Ministry of Culture confirming that all
archaeological resource concerns have been met including licensing and resource
conservation requirements.
31. The Owner shall satisfy the requirements of the Regional Health Department with the
provision of private sewage disposal systems and drilled wells. The implementation of
this condition shall involve the inclusion of appropriate provisions in the Regional
Subdivision Agreement pertaining to private sewage disposal systems and drilled wells.
32. The Owner agrees to comply with the following requirements of the Regional Health
Department to be included in the Subdivision Agreement between Owner and the
Municipality of Clarington:
a) each drilled well is to be constructed in the recommended target aquifer that is
referred to as the Deep Overburden Aquifer. This aquifer appears to have two
zones 10-21 metres and 18-46 metres and both appear to be adequate for
domestic use. The wells shall be certified by the Region of Durham's hydro-
geologist as acceptable qualitatively under the Ontario Drinking Water Standards
and quantitatively as per MOE recommended minimum rate of 13.7 litres/minute;
b) the developer shall strictly adhere to the lot grading and servicing plan as
submitted by D.G. Biddle & Associates Limited, entitled Preliminary Lot Grading
Plan, identified as project number 105137 and drawing number LGA, dated June
2006, as revised in January 2007, with the Plot Date of January 19, 2007;
c) the developer shall retain a qualified professional engineer/designer who
specializes in the design of private sewage systems. The engineer/designer
shall produce and provide the design of the private sewage systems in
accordance with the Ontario Building Code for each lot to the Regional Health
Department for review and approval;
d) the developer's engineer/designer shall conduct on-site soil tests on the primary
sewage system area for all lots to determine its permeability. The engineer shall
provide analysis of the soil tests describing grain size analysis, co-efficient of
629
permeability and estimated percolation "T times to the Regional Health
Department in support of the sewage system design;
e) the developer shall ensure that all existing drilled/test wells that will not be used
for a drinking water supply within 15 metres of the proposed prime and reserve
tile bed must be decommissioned in accordance with Ontario Regulation 903
under the Ontario Water Resources Act;
f) there shall be no construction of accessory buildings or swimming pools in the
prime and reserve tile bed areas, or in locations less than the minimum setbacks
in accordance with the Ontario Building Code;
g) imported sand fill to be used for leaching bed construction shall be tested to
ensure the percolation rate is between 6-10 minutes/centimetre. A design rate of
no less than 10 minutes/centimeter shall be used to calculate the length of
leaching bed pipe to be used; and
h) the subdivision shall be limited to seven lots assuming that each lot will have a
maximum effluent discharge of 3000 litres/day/lot.
33. Prior to any on-site grading or construction or final approval of the plan, the Owner shall
submit to, and obtain approval from, the Municipality of Clarington and Central Lake
Ontario Conservation Authority, for reports describing the following:
a) the intended means of conveying storm water flow from the site, including use of
storm water techniques which are appropriate and in accordance with provincial
guidelines;
b) the anticipated impact of the development on water quality, as it relates to fish and
wildlife habitat, once adequate protective measures have been undertaken; and
c) the means whereby erosion and sedimentation and their effects will be minimized
on the site during and after construction in accordance with provincial guidelines.
The report must outline all actions to be taken to prevent an increase in the
concentration of solids in any water body as a result of on-site or other related
works, to comply with the Canada Fisheries Act.
34. The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and Technical
Review Fees owing as per the approved Authority Fee Schedule.
35. The subdivision agreement between the Owner and the Municipality shall contain,
among other matters, the following provisions;
a) The Owner agrees to carry out the works referred to in Conditions 33 and 34,
to the satisfaction of the Central Lake Ontario Conservation Authority;
b) The Owner agrees to maintain all storm water management and erosion and
sedimentation control structures operating and in good repair during the
construction period, in a manner satisfactory to the Central Lake Ontario
Conservation Authority; and
630
c) The Owner agrees to advise the Central Lake Ontario Conservation Authority
48 hours prior to commencement of grading or the initiation of any on-site works.
36. Prior to final approval of this plan for registration, the Director of Planning Services for
the Municipality of Clarington shall be advised in writing by:
a) The Regional Municipality of Durham, how Conditions have 4, 7, 30, 31 and 32
have been satisfied; and
b) The Central Lake Ontario Conservation Authority, how Conditions 33, 34 and 35
have been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval date, and
no extensions have been granted, draft approval shall lapse and the file shall be
CLOSED. Extensions may be granted provided valid reason is given and is submitted
to the Director of Planning Services for the Municipality of Clarington well in advance of
the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft approval
will be reviewed periodically and may be amended at any time prior to final approval.
The Planning Act provides that draft approval, may be withdrawn at any time prior to
final approval.
3. All plans of subdivision must be registered in the Land Titles system within the Regional
Municipality of Durham.
4. Where agencies' requirements must be included in the local municipal subdivision
agreement, a copy of the fully executed agreement should be sent to the agencies in
order to facilitate their clearance of conditions for final approval of this plan.
631
Clar�n REPORT
Leading the Way
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday March 26, 2007 C
Report#: PSD-035-07 File#: COPA2006-0001 By-law#: Z��� - ( r 1)
& ZBA2006-0007
Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-
LAW TO PERMIT AN INCREASE IN DENSITY FOR A SIX STOREY APARTMENT
BUILDING
APPLICANT: DUNBURY DEVELOPMENT (GREEN) LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-035-07 be received;
2. THAT the Clarington Official Plan be amended as shown in Attachment 3 to permit an increase
in density and increase in housing targets as proposed by the application submitted by Dunbury
Development (Green) Ltd. and that the necessary By-law be passed;
3. THAT the application to amend the Zoning By-law 84-63 submitted by Dunbury Development
(Green) Ltd. be APPROVED and that the By-law contained in Attachment 4 be passed;
4. THAT a copy of Report PSD-035-07 and the attached Official Plan Amendment 55 and the
amending Zoning By-law be forwarded to the Durham Region Planning Department and the
Municipal Property Assessment Corporation (MPAC); and,
5. THAT the Region of Durham, the applicant and all interested parties listed in this report and any
delegation be advised of Council's decision and forwarded the Notice of Adoption.
Submitted by: Reviewed by: `"
4Jromte, Mk.C.I.P_, R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
SA/CP/DJC/df/sh
19 March 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
REPORT NO.: PSD-035-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Dunbury Development (Green) Ltd.
1.2 Official Plan Amendment:
To permit the development of a 6 storey residential building
containing 125 units, by increasing the maximum density permitted
from 100 units per net hectare to 206 units per net hectare (an
increase of 64 units).
1.3 Zoning By-law Amendment:
To rezone from "Agricultural (A)" to an appropriate zone to permit
the proposed development.
1.4 Site Area: 0.6076 ha
2.0 LOCATION
2.1 The subject lands are located south of Highway 2 and west of Green Road at 2349
Highway 2 in Bowmanville. The property is contained within Part Lot 17, Concession 1,
former Township of Darlington.
3.0 BACKGROUND
3.1 On February 17, 2006, Dunbury Developments (Green) Ltd. submitted applications to
the Municipality of Clarington for the development of an apartment building containing a
total of 124 dwelling units. A noise study, traffic study and visual impact analysis were
submitted to assist in the evaluation of the proposed development.
3.2 The subject lands have been designated for higher density residential uses since 1992.
Official Plan Amendment No. 43 to the Official Plan for the former Town of Newcastle
provided for a density of 74 units per hectare. In 1996 the new Clarington Official Plan
recognized this designation with a density of 100 units per hectare, the standard density
provision for high density in the Plan.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject property is currently vacant and has frontage along Highway 2 and Green
Road. The site has recently been cleared and graded and is generally flat. There are
existing low density residential dwellings located on the adjacent lots to both the west
and south.
633
REPORT NO.: PSD-035-07 PAGE 3
4.2 Surrounding Uses:
North: Highway 2 and vacant commercially designated and zoned lands
South: existing low density residential
East: Green Road and existing commercial uses, Loblaw's and
Clarington Centre plaza
West: temporary sales office for subject development and further west,
existing low density residential
5.0 PROVINCIAL POLICY
5.1 Provincial Policy Statement
The proposed application is within the Bowmanville settlement area and proposes a
high density development abutting a regional transit spine. The existing neighbourhood
contains only low and medium density development. Provincial Policy regarding
settlement areas states that there shall be a mix of densities and land uses and that
there shall be an efficient use of infrastructure. This application conforms with the
Provincial Policy Statement.
5.2 Growth Plan
The Growth Plan states that a significant portion of new growth will be accommodated
by directing it to built-up areas of communities through intensification. Although a
vacant site, this area is within the built-up area of Bowmanville and is surrounded by
previously constructed dwellings, subdivision, commercial plaza's and Council approved
commercial developments to be constructed soon. The Growth Plan further states that
communities shall develop with a diverse mix of land uses and a range and mix of
housing types. This application conforms with the Growth Plan policies.
6.0 OFFICIAL PLAN POLICIES
6.1. Regional Official Plan
The lands are designated "Living Area" in the Durham Regional Official Plan. Lands
designated Living Area permit the development of residential units, incorporating the
widest possible variety of housing types, sizes and tenure.
6.2 Clarington Official Plan
The lands are designated "Urban Residential — High Density" in the Clarington Official
Plan. The high density policies allow for development with a net density of up to 100
units per net residential hectare with predominant housing form to include medium rise
apartments up to 6 storeys and mixed use developments. The applicant is requesting a
net density of 206 units per ha.
The site fronts on both Green Road and Highway 2, both of which are designated Type
'B' arterial roads. Highway 2 is also designated a Regional Transit Spine in this area.
634
REPORT NO.: PSD-035-07 PAGE 4
Access to Type 'B' arterial roads is to be limited to one access every 80 metres. The
application proposes a single access on Green Road.
The Clarington Official Plan contains policies to guide development of high density
residential areas. These include:
• the site is suitable in terms of size and shape to accommodate the proposed density
and building form;
• the proposed development is compatible with the surrounding neighbourhood in
terms of scale, massing, height, siting, setbacks, shadowing, and the location of
parking and amenity areas;
• adequate on-site parking, lighting, landscaping and amenity areas are provided; and,
• the impact of traffic on local streets is minimized.
7.0 ZONING BY-LAW
7.1 The subject lands are currently within the "Agricultural (A) Zone". The applicant has
applied to rezone the property Y to permit the proposed 6 storey apartment building. The
applicant has concurrently submitted a site plan application which has been reviewed by
staff and circulated agencies. Site specific zoning requirements are based on the site
plan for the proposed development.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and two (2) public meeting notice signs were installed facing Highway 2 and Green
Road. The public meeting for the proposed Official Plan Amendment and the Zoning
By-law Amendment was held on April 24, 2006.
8.2 Four (4) inquiries have been received since notice was provided. The inquiries were
regarding the following:
• There were some objections to any high density development being permitted on
this site;
• All felt that the proposed development is at too high a density; and
• All were concerned about loss of privacy with the potential of people looking into
their backyard from the upper units.
These concerns are addressed in the Comments section of this report.
9.0 AGENCY COMMENTS
9.1 At the writing of this report, comments have been received from all required
agencies/departments. There are no objections to these applications. Detailed site
plan comments and conditions were received and will be incorporated into the
development agreement with the Municipality of Clarington and the servicing agreement
with Durham Region.
635
REPORT NO.: PSD-035-07 PAGE 5
10.0 STAFF COMMENTS
10.1 The proposed development is located immediately adjacent to the West Town Centre in
Bowmanville and is at an important intersection in terms of visibility and entry to
Bowmanville. Durham Highway 2 is a transit corridor and it is generally a good location
for high density development.
10.2 Typically High Density development is permitted within a "Town Centre" and adjacent to
Highway 2/King Street. The subject property is adjacent to the West Bowmanville Town
Centre which is located both north and east of the subject property. The West
Bowmanville Town Centre-permits both "Low Rise High Density Residential" and "Mid
Rise High Density Residential". Low Rise High Density development is between 50 and
80 units per net hectare up to a maximum of 6 stories and Mid Rise High Density
development is between 50 and 300 units per net hectare up to a maximum of 12
stories. The proposed development, located immediately adjacent to the Town Centre
and adjacent to Highway 2 will complement these designations by providing a step
down from the potential 12 storey residential buildings in the West Town Centre.
10.3 The applicant has also employed a high standard of architectural design suitable to a
highly visible location. The building is oriented to the street frontages providing an urban
character that emphasizes the intersection as a high profile design feature. The building
contains a one-storey podium level, and steps back 1.0 metre through the 2nd to 5�
floors, and then steps back a second time, an additional 1.5 metres at the 6d' floor. This
style of building helps to maintain a pedestrian related scale and to mitigate wind and
shadow effects. All parking and loading spaces are located in the rear and interior side
yards and are not highly visible from the street.
10.4 The applicant has employed a number of urban design features to minimize the impact
of the building upon the existing residential neighbourhood to the south and west. The
"L" shape building leaves the south and west areas of the property as landscaped open
space maximizing the separation to the abutting residential lots. The dwelling located
west of the subject lot (temporary sales office for subject development) will be
approximately 18 metres from the closest point of the new apartment building and the
dwelling located to the south will be approximately 31 metres distant. As part of the site
plan process the applicant has provided cross section views to demonstrate the visual
impact the proposed building has from two points on the east side of Green Road and
the north side of Highway 2.
10.5 The applicant complies with the Official Plan's intent for a higher density building in this
location with a maximum of 6 storeys in height. However, the applicant is proposing
underground parking which allows the project to achieve a higher density within the 6
storey height limit.
Although the original application proposed a density of 190 units per hectare, the road
widening required by the Municipality along Green Road results in a reduced setback
and land area, and a higher density of 206 units per hectare.
636
REPORT NO.: PSD-035-07 PAGE 6
Staff believe the proposed increase in density is appropriate for this location and the
design of the building.
10.6 Within the Darlington Green Neighbourhood, there are currently a total of 125
intensification units allocated. Intensification units include apartment-in-houses, garden
suites, infill development, or redevelopment. There were no specific units designated to
this High density symbol. To ensure intensification units remain to be utilized by other
sites in this neighbourhood, staff proposes to amend the housing targets to indicate 125
high density residential units and to continue to have 125 intensification units permitted.
10.7 The applicant has proposed an apartment style building and located all the required
resident's parking spaces and nine (9) visitor parking spaces, below ground. With the
surface area containing only ten (10) of the visitor parking spaces the applicant is able
to locate a building with a higher density on the site and still provide adequate
landscaped open space.
10.8 The building has been designed to give every apartment unit an outdoor private amenity
area in the form of a ground level patio, upper level balcony or roof level terrace,
ranging from 4.1 m2 (44 ft2) to about 54 m2 (580 ft2). The street side ground level patio's
are separated from the public road allowance by a decorative fence or wall which
creates a definition between the private and the public areas.
There is also an outdoor amenity area, over 600 m2 in area, located adjacent to the
south wall of the building and in the southwest corner of the property, adjacent to the
rear yards of the abutting residential dwellings. The location of the outdoor amenity
area permits optimum solar access for the users as well as creating a spatial separation
between the 6 storey dwelling and the existing low density residential uses.
10.9 The project complies with the Municipality's requirements for indoor amenity space and
includes a multi-purpose room, a billiards room, a media room and an exercise room
complete with washrooms, change rooms and saunas. The applicant has applied for
site plan approval, and has submitted detailed drawings, including a site servicing plan.
A landscape plan and lighting plan will be submitted once the official plan and zoning
amendments have received approval. A holding symbol shall be placed on the property
until such time as site plan approval is imminent.
11.0 CONCLUSIONS
11.1 In consideration of comments received from circulated agencies and review of the
proposal, staff recommends APPROVAL of the official plan amendment and rezoning
applications.
Attachments:
Attachment 1 — Key Map
Attachment 2 — Perspective
Attachment 3 — Proposed Amendment 55
Attachment 4 — By-law Amendment
637
REPORT NO.: PSD-035-07 PAGE 7
Interested parties to be notified of Council and Committee's decision:
Dunbury Developments (Green) Ltd.
E.I. Richmond Architects Ltd.
James MacDonald
Greg Pyatt
Heather Muir
638
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Attachment 3
To Report PSD-035-07
AMENDMENT NO. 55
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment is to exempt the subject property
from the maximum density requirement of 100 units per net hectare
and permit an increase in the density to 206 units per net hectare.
BASIS: The subject lands are located at a key intersection in the emerging
West Bowmanville Town Centre, along the Regional Transit Spine
of Durham Highway 2. The amendment will facilitate the
development of the subject property for high density residential
uses on the basis of the Zoning By-law amendment and Site Plan
Control applications.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as follows:
1) That Footnote i) be added to Table 9-1 as follows:
"i) Notwithstanding the above, a 0.608 ha parcel at 2349
Highway 2 Bowmanville may have a net density not
exceeding 206 units per hectare."
2) By amending Table 9-2 by:
a) Adjusting the housing targets for the Darlington Green
Neighbourhood (N12) as follows:
High Density - from "0" to "125" and
Total - from "1175" to "1300"
b) By adjusting the Totals for Bowmanville area as follows:
High Density - from "3050" to "3175" and
Total - from "22525" to "22650"
So the appropriate lines of Table 9-2 read as follows:
sin va e
Urban Area Housing Units
Neighbourhoods Low Medium High Intensification Total
Bowmanville N-12
Darlington Green 675 375 125 125 1300
TOTAL 13025 4650 3175 1800 22650
641
3) By adjusting the population target for the Darlington Green
Neighbourhhood (N12) on Map E2-Neighbourhood Planning Units:
Bowmanville Urban Area from "2800" to "3250", as shown on
Exhibit A.
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan as amended,
regarding the implementation of the Plan shall apply in regard to
this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan as amended,
regarding the interpretation of the Plan shall apply in regard to this
amendment.
642
EXHIBIT "A" To Official Plan Amendment No. 55
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(3"50) 0 200 400 SW 800 m
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NEIGHBOURHOOD PLANNING UNITS
BOWMANVILLE URBAN AREA
OFFICIAL PLAN
MUNICIPALITY OF CLARINGTON
URBAN BOUNDARY . JANUARY 2, 2007
REFER TO SECTIONS 5 AND 9
NEIGHBOURHOOD BOUNDARY
(1000) POPULATION T"SR[rJ300 RE0uE 0ua0vl AM Awv W
Attachment 4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON To Report PSD-035-07
BY-LAW NO. 2007-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law
for the former Town of Newcastle
WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement ZBA2006-0007,
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 15.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE FOUR
(R4) ZONE" is hereby amended by adding thereto the following new Special
Exception 15.4.29 as follows:
"15.4.29 URBAN RESIDENTIAL EXCEPTION (R4-29)ZONE
Notwithstanding Sections 15.2 a., 15.2c., 15.2e., 15.2f., 15.2g. and
15.2 h. on those lands zoned 'R4-29" on the attached Schedule to this
By-law shall be subject to the following zone regulations:
a) Definitions
i) Underground Parking Structure
Shall mean a part of a building which is provided and
maintained for the purpose of parking vehicles related to the
building, which is located below finished grade and shall
include parking spaces, parking aisles and access ramps,
common areas for stairs and elevators, storage areas for
tenants, and mechanical rooms.
b) Density(maximum) 206 units per ha
c) Yard Requirements
i) Front Yard a minimum width of 5
metres and a maximum
width of 6 metres
ii) Exterior Side Yard a minimum width of 2
metres and a maximum
width of 4 metres
iii) Interior Side Yard (minimum) 9 metres
iv) Rear Yard (minimum) 18 metres
d) Lot Coverage (maximum) 35%
e) Landscaped Open Space (minimum) 40%
0 Building Height(maximum) 24 metres
g) Parking Spaces (minimum) 170
644
h) Underground Parking Structure Setback Requirements (minimum)
i) Front yard setback 2.0 metres
ii) Interior side yard setback 0.5 metres
iii) Rear yard setback 1.5 metres
iv) Exterior side yard setback 0.3 metres
i) Notwithstanding Section 15.4.29 a)i), a portion of the underground
parking structure located within the exterior side yard may be
permitted to a maximum of 0.75 metres above adjacent finished
grade.
j) Notwithstanding Section 15.4.29 a)i), air intake or exhaust shafts
constructed in association with the underground parking structure
may be permitted to project to a maximum of 1.2 metres above
adjacent finished grade in any required yard.
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
"Agricultural (A) Zone` to "Holding - Urban Residential
Exception ((H)R4-29)Zone" as illustrated on the attached
Schedule"A"hereto.
3. Schedule"A" attached hereto shall form part of the By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2007
BY-LAW read a second time this day of 2007
BY-LAW read a third time and finally passed this day of 2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
645
This is Schedule "A" to By-law 2007- ,
passed this day of , 2007 A.D.
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646
Clarin n
Leming me way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 26, 2007
Report#: PSD-036-07 File #: PLN 18.1.9 By-law#:
Subject: EA NOTICE OF STUDY COMPLETION
ADDITIONAL WATER POLLUTION CONTROL PLANT CAPACITY FOR THE
BOWMANVILLE URBAN AREA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-036-07 be received for information;
2. THAT Council acknowledge that the preferred solution is the expansion of the Port Darlington
Water Pollution Control plant for additional capacity to service the Bowmanville Urban Area;
3. THAT the Regional Works Department be requested to provide at an early stage of design
development a site plan of high quality architectural and landscape design, such that the
integration of the Plant expansion with the Port Darlington Neighbourhood and Waterfront Park
can be reviewed and commented on by the Directors of Planning Services and Engineering
Services;
4. THAT the Regional Works Department provide ongoing assurance and due diligence in
maintaining the discharges from the Port Darlington Pollution Control Plant such that they do not
impact the use and enjoyment of the Port Darlington waterfront and park; and,
5. THAT a copy of this report be forwarded to the Regional Works Department and the Ministry of
Environment. _ p
Submitted by: Reviewed by:
Da id . Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
FL/DJC/df
16 March 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830
647
REPORT NO.: PSD-036-07 PAGE 2
1.0 BACKGROUND
1.1 Durham Region completed the `Regional Sanitary Sewerage Planning Study Part IV,
Municipality of Clarington (Bowmanville)" in August 1995. In February 2005 the Region
of Durham informed Clarington that they would be undertaking a Class Environmental
Assessment for the provision of additional water pollution control supply capacity for the
Bowmanville Urban Area.
1.2 The existing water pollution control supply plant (WPCP) in Bowmanville at 93 Port
Darlington Road, north of Lake Ontario has capacity available for the urban area of
Bowmanville to satisfy the projected growth until 2008.
1.3 To service the estimated residential build-out population of 95,000 for the Bowmanville
Urban Area additional capacity will have to be added either through the construction of
a new plant, expansion of the existing Port Darlington Plant, diversion and expansion at
Newcastle and/or Courtice Pollution Control Plants or limiting growth well below the
estimates carried in the provincial, regional and local population projections for
Bowmanville (see project summary, Attachment 1).
2.0 PREFERRED SOLUTION
2.1 Staff has been involved in the environmental assessment process and have met with
the consultant and Region to ensure that the requirements of the Port Darlington
Neighbourhood Secondary Plan and the capacity needs of the Bowmanville Urban Area
are addressed. Staff concur with the preferred solution that recommends the expansion
of the existing Port Darlington WPCP on the existing site to meet the sewage capacity
needs.
2.2 While we agree with the preferred solution, the expansion of Port Darlington WPCP
within the existing site includes an increase of the buffer area to the east that will effect
the future subdivision development when it proceeds.
2.3 Due to the close proximity of the WPCP to the Port Darlington Waterfront Park and
Village Commercial area (see Attachment 2) the development of the expansion plan will
have to be co-ordinated with any proposals for new development in the East Beach
Area. As such, we are requesting that Regional Works provide a site plan of high
quality architectural and landscape design to the satisfaction of the Directors of
Planning Services and Engineering Services at an early stage of the design
development.
2.4 The Municipality has to rely on the expertise and knowledge of the Region, their
consultant and Ministry of Environment in determining the recommendations and
standards regarding the proposed effluent limits. Due to location of the sewage outfall
pipe and the nutrients being added to the near shore area, staff are concerned that the
existing algae problem along the East Beach will be magnified. As such, we are looking
to the Region to provide ongoing monitoring and exceed the non-compliance standards
they are proposing such that the use and enjoyment of the Port Darlington waterfront is
648
REPORT NO.: PSD-036-07 PAGE 3
improved by this plant expansion and not negatively impacted by discharges or the
cumulative affects of the discharges.
3.0 CONCLUSIONS
3.1 The preferred solution will ensure adequate sewage capacity for the projected growth in
Bowmanville, the future expansion includes provisions for servicing of the Bowmanville
Urban Area including Port Darlington neighbourhood beyond 2031, with the least
disruption to the natural and social environment and is economically viable.
3.2 The Staff of Clarington Planning Services and Engineering Services will continue to
work with Regional Staff and consultants to ensure that the design developed for the
expansion will work with the recreational facilities and park development planned for the
East Beach area.
3.3 Staff will monitor the impacts experienced along the East Beach, if any and work with
Regional Staff to have them resolved.
Attachments:
Attachment 1 - Project Summary
Attachment 2 - Map
Interested parties to be notified of Council and Committee's decision:
Regional Works
Ministry of Environment
649
Attachment 1
Provision of Additional Water Pollution Control Plant Capacity for the Bowmanville Urban Area To Report PSD-036-07
Munidpal Class Environmental Assessment
Project Summary
praielct Summary
Purpose and Project Justification
The Regional Municipality of Durham is undertaking a Class Environmental Assessment
(EA) study for the provision of additional wastewater treatment capacity to handle future
flows from the Bowmanville Urban Area. The purpose of the study is to evaluate
alternative solutions to achieving the increased capacity required, in phased steps,
including expansion of the existing Port Darlington facility,pumping to the Courtice
WPCP and/or development of a new plant site.
The estimated residential build-out population for the Bowmanville Urban Area is
approximately 95,000 persons. The estimated build-out equivalent population for the
Bowmanville employment areas includes an additional 15,140 persons.
Based on the projected average day sewage flows for the Bowmanville service area, the
existing rated capacity of 13,638 m3/d for the Port Darlington WPCP will be exceeded by
approximately the year 2008.
Identification of Alternative Solutions
Alternative solutions considered include:
a Do nothing or limit growth in the Bowmanville Urban Area;
a Pump sewage to the existing Newcastle WPCP;
a Expand the existing Port Darlington WPCP;
a Construct a new WPCP in Bowmanville;
a Pump sewage to Courtice WPCP (various options including):
a Option A: Maintain Port Darlington WPCP at 13,638 m3/day and pump
Phase 1 expansion flows to Courtice WPCP
a Option B: Decommission Port Darlington WPCP; pump all Bowmanville
flows to Courtice WPCP
Rvaluation of Alternatives
Alternative 1: Dc tiathiag or Limit Orovith in 6c:<vmanville
Since the rated capacity of the Port Darlington WPCP is insufficient to handle a
significant increase in population and the Region's Official Plan designates Bowmanville
as an area of growth, the do nothing or limit growth in Bowmanville alternative was not
considered a viable option for this study.
t
MacVjro
Provision of Additional Water Pollution Control Plant Capadty for the Bowmanville Urban Area
Municipal Gass Environmental Assessment
Project Summary
Alternative 2: l'ttmp Sevoaua to the ErJsulrq tlet"rtastie WCP
Durham Region has an existing WPCP in Newcastle, located east of Bowmanville.
However, the Newcastle WPCP is a relatively small capacity facility that was designed to
handle the Newcastle area only and therefore would not be able to receive the additional
flows generated in Bowmanville. Therefore, pumping the sewage to the Newcastle
WPCP was not considered an option for this study.
Alternative 3: Expand the Exiistincg Prat Lladincgttn U MCP on the Current WPCP Site
It was determined that the existing WPCP site has enough land space available to
accommodate the Phase 1 expansion of the Plant while maintaining a 150 m buffer
between sensitive residential land uses.
Impact on Natural Environment
Expansion on the existing site will have limited impacts on the site's natural
environment, as there are no vulnerable, threatened and/or endangered(VTE) species or
natural heritage features present on or adjacent to the WPCP site. Also, limited
vegetation removal would be required as construction would be restricted to on-site
activities only. There are also no watercourses on the site to be disrupted or crossed.
Impact on Social and Cultural Environments
Since the majority of the construction activities would be contained to the existing site
the expansion would have minimal social and cultural impacts on the area. It is
recommended that the plant's current low vertical profile be maintained to reduce any
visual impact on the local residences. This would also ensure that the plant harmonizes
with the green space recreational use planned for the Port Darlington Waterfront
Parklands. The proposed expansion also complies with Region of Durham and
Municipality of Clarington planning policies and land use designations. There are no
known archaeological or cultural issues with the site.
Technical Suitability
Expanding the existing plant will minimize construction and compatibility issues with the
existing plant infrastructure. It will also reduce the amount of new sanitary sewer
infrastructure required as the existing wastewater collection system can be used.
There would be no land acquisition costs for the Phase 1 expansion since Durham Region
currently owns the site. However, additional land may be required for the Phase 2
expansion. Operations and maintenance costs would be lower than operating two
separate wastewater treatment plants.
Capital and Operating Costs
The capital costs for the Phase 1 expansion of the existing Port Darlington WPCP is
estimated at $22 million. The Phase 2 expansion is estimated to cost $28 million.
2
MacViro ,*WiiCG
Provision of Additional Water Pollution Control Plant Capacity for the Bowmanville Urban Area
Municipal Class Environmental Assessment
Project Summary
Alternative 4: Construction of a ;.e7 'VilKl? hi a €v€tnwrtl'ifje
Constructing a new WPCP in Bowmanville would require locating and developing a new
WPCP site. As indicated in the Secondary Plan for the area and Waterfront Park Phase 1
Development Plan,potential new sites for facility development and construction along
the Port Darlington waterfront area are very limited. A significant portion of available
lands have been designated as green space, waterfront greenway and as an environmental
protection area(Bowmanville Harbour Conservation Area). Considerable waterfront
land space is also privately owned by St. Mary's Cement Co. and Ontario Power
Generation(Darlington Nuclear Generating Station). Therefore, it would be difficult to
find a suitable site for a new WPCP. It is also unlikely that a new WPCP would be
constructed adjacent or close to the existing Port Darlington WPCP, therefore it has been
assumed that the new plant would be designed be able to handle all flows (i.e. existing,
Phase 1 and Phase 2). Selection of this alternative would also lead to the
decommissioning of the existing Port Darlington WPCP.
Impact on Natural Environment
rThe natural environment impacts for constructing a new WPCP are unknown until a
possible site is selected. There is a potential for Natural Heritage features to be present
on the site. As well, vegetation may need to be removed and watercourse crossings
required.
Impact on Social and Cultural Environments
New sites for the WPCP, potential pumping stations and sewers/foreemain would result
in more locations with construction impacts affecting a greater number of residents.
There is also the potential for greater visual impact on residential developments from
pumping stations and a WPCP located near Lake Ontario.
The Municipality of Clarington planning policy would also need to be amended(i.e.,
zoning) for new pumping stations and the WPCP. The costs associated with purchasing
land for a new WPCP site and new sanitary sewer infrastructure would need to be
incorporated into the capital costs of the WPCP. The new plant plus associated
r infrastructure (e.g. pumping station)may also increase the operation and maintenance
costs of the new WPCP.
It is also unlikely that archaeological or cultural environments would be impacted.
Technical Suitability
This alternative has significant technical and construction issues primarily due to greater
infrastructure requirements including:
• sewer infrastructure works within Bowmanville sanitary sewer system to divert
flows;
• new forcemain and sewers to the WPCP;
• new pumping station(s);
• new WPCP;
3
MacViro CG
Provision of Additional Water Pollution Control Plant Capacity for the Bowmanville Urban Area
Municipal pass Environmental Assessment
Project Summary
• related additional civil works; and
• decommissioning of the existing plant
kiternative 5: Putup the lVasieWater Generated in bac&ttianvilie to the Courtice WPCP
Alternative 5,pump the wastewater generated in Bowmanville to the Courtice WPCP,
has two associated options. Both options were evaluated as follows:
Option A
• new pumping station(s);
• new forcemain(approx. 4,OOOm);
• new sewers (approx. 3,OOOm);
• related additional civil works; and
• may require expansion of Courtice WPCP to handle additional flows.
r
Option B
• new pumping station(s);
• new forcemain(approx. 5,OOOm);
• new sewers (approx. 3,OOOm);
• related additional civil works;
• will require expansion of Courtice WPCP to handle additional flows and
Ldecommissioning of existing Port Darlington WPCP.
Impact on Natural Environment
(' Local sewer infrastructure works will be required within the Bowmanville sanitary sewer
system to divert flows from the existing WPCP to the Courtice WPCP. Since the location
I of the pumping station and forcemain are unknown, there potentially may be an impact
on the natural environment. This would depend on the pumping station location and
sewer/ forcemain routes. There may also be the potential need for removal of vegetation
I, and watercourse crossings required for the sewer/ forcemain construction.
Impact on Social and Cultural Environments
The natural heritage, social and cultural impacts are dependent on the pumping station
and forcemain routing. There may be some impacts to residents and traffic in the area
from the sewer/forcemain construction,which can be minimized by limiting construction
(' to right-of-ways. It is unlikely that the archaeological or cultural environments would be
impacted. Also the Municipality of Clarington planning policies may require zoning
amendments for any new pumping stations.
Capital and Operating Costs
The main difference between the options is related to capital costs since both options
require construction of sewers, forcemains and pumping stations. Option B would
require the conveyance of greater flows. The required infrastructure would generally
1 therefore be larger in size. The Courtice WPCP is not currently operational and may not
l 4
MacViro
Provision of Additional Water Pollution Control Plant Capacity for the Bowmanville Urban Area
Municipal Gass Environmental Assessment
Project Sammary
be available to meet 2008 the expansion deadline to address over-capacity needs of the
Port Darlington WPCP.
There will be land acquisition costs associated with the construction of new pumping
stations and potentially for sewers and forcemains. Additional capital expenditures
associated with the new pumping station, forcemain and sewers as well as advancing the
future expansions of Courtice WPCP,will be required. There may be other potential
r costs for the decommissioning of the Port Darlington WPCP if required. Current.
estimated capital costs associated with each option are as follows:
P P
• Option A: Phase 1: $42 million and Phase 2: $25 million
• Option B: Phase 1: $62 million and Phase 2: $29 million
Preferred Solution
The preferred solution for the Phase I expansion is a doubling of the existing capacity of
the Port Darlington WPCP from 13,638 m3/d to 27,276 m3/d. This will allow for
sufficient plant capacity to treat projected sewage flows up to approximately the year
2023. Sufficient land is also available on-site for a further(Phase 2) expansion of the
Plant after 2023. The proposed expansion will ensure that a 150 m buffer between
potential emissions sources and all sensitive land uses in the vicinity of the plant is
maintained.
Port Darlington WPCP Recommended Expansion Requirements
Existing Plant
The existing Port Darlington WPCP consists of a conventional activated sludge process
with anaerobic digestion of the mixed sludge (primary and waste activated sludge). The
plant was constructed in 1982 with a rated capacity of 4,546 m'/d including treatment
trains No.l and 2. A subsequent expansion in 1992 increased the plant capacity to its
existing 13,638 mYd by adding two additional treatment trains No.3 and 4. Sewage
inflows to the plant are conveyed via a 1200 mm diameter sanitary trunk sewer. Plant
effluent is discharged through a 1350 mm and 1200 mm diameter outfall pipe into Lake
i
Ontario.
The existing Port Darlington WPCP effluent objectives and non-compliance limits are
presented in Table 1.
5
i
Provision of Additional Water Pollution Control Plant Capadty for the Bowmanville Urban Area
Municipal Class Environmental Assessment -
Project Summary
I �
Table 1 Current Effluent Objectives and Non-Compliance Limits I
Effluent Objectives Non-Compliance Limits
Parameter.,.: ,
Concentration Loading Concentration Loading(4) j
BOD&I'I 15 mg/L 511.43 kg/d 25 mg/L 852.40 kg/d dI
TSSI'i 15 mg/L 511.43 kg/d 25 mg/L 852.40 kg/d p
TP(2) 1 mg/L 34.10 kg/d 1.0 mg/L 34.10 kg/d I I[
Ammonia i
(as N)13i 14 mg/L 477.33 kg/d
alp :
Total
Chlorine 0.5 mg/L 17.00 kg/d l
Residual4 I{
(1) Yearly average of monthly samples.
q�ll;
(2) Monthly average of weekly samples.
(3) Weekly samples required.
(4) Mass loading based on average concentration(yearly for BOD5,TSS,and monthly for
TP) multiplied by the daily average flow during the averaging period.
Because of the 5-year applicability of this Class EA Study, alternative solutions and the
development of recommendations for the conceptual design of the Phase 2 expansion of
water pollution control plant capacity for the Bowmanville Urban Area will need to be re-
evaluated prior to the implementation of the Phase H expansion. It is recognized
however,that a meaningful preferred servicing solution for the Phase 1 capacity
expansion can not be developed without considering the potential for all future treatment
capacity expansions to occur at the Port Darlington WPCP site. Proposed effluent criteria
presented in this Technical Memorandum are therefore based on the expansion of the
Port Darlington WPCP to handle all Phase 1 and Phase 2 wastewater flows. This
conservative approach is particularly applicable to our mixing zone analysis, for which
Phase 2 flows and proposed effluent limits were used to establish effluent plume limits
that would achieve compliance with PWQO.
Proposed Effluent rir°ster,a
I :I
BOD5 and TSS
Lake Ontario in the Bowmanville area, is also Policy 1 for dissolved oxygen (DO). For
BOD5 and TSS limits, we therefore propose that the existing non-compliance limit of 25
mg/L be maintained for both.
Phosphorus
Lake Ontario is generally designated Policy 1 for total phosphorus (TP). This has been
confirmed by analyzing Lake Ontario TP data in the vicinity of Bowmanville collected
by Environment Canada between 1993 and 2004. The average TP was found to be 0.007
mg/L with the 75rh percentile TP at 0.008 mg/L. These values are significantly less than I'
the Provincial Water Quality Objective (PWQO) of 0.02 mg/L for total phosphorus in !'
lakes. Therefore, it is not expected that increased TP effluent loadings resulting from the
I°
6 is .
MdCVIro ,oa�,XL""�: j...
655
® Provision of Additional Water Pollution Control Plant Capacity for the Bowmanville Urban Area
Municipal Class Environmental Assessment
Pro'ed Summary
expanded plant flows will be sufficient to cause the above PWQO limit to be exceeded.
It is proposed that the existing TP non-compliance limit of 1.0 mg/L be maintained for
the expanded water pollution control plant capacity.
i
The existing TP loading limit is 34.1 kg/d. For Phase 1 Port Darlington WPCP flowrates,
it is estimated that the TP loading limit will be 68.2 kg/d. For Phase 2 flowrates; it is
estimated that the TP loading limit will be 102.3 kg/d.
Ammonia
With respect to ammonia limits, it is anticipated that the Ministry of the Environment's
current policy of requiring a non-toxic effluent for all new and/or expanded wastewater
I treatment plants would apply. A conservative guideline of 0.1 mg/L un-ionized ammonia
to ensure a non-toxic effluent(end-of-pipe) is therefore typically used. In order to
calculate the effluent toxicity, data on the pH and temperature of the effluent are required.
Port Darlington WPCP effluent pH measurements for the years 2003 to 2004 were
utilized. However, there is no temperature data available for the Port Darlington WPCP
effluent. Wastewater effluent temperature data is available for the Corbett Creek, Duffm
C Creek and Harmony Creek WPCP's. As temperature and pH increases, the percentage of
ammonia which remains un-ionized also increases. Therefore, utilizing Corbett Creek
WPCP temperature data for our analysis will result in the worst-case un-ionized ammonia
concentration (and therefore the most conservative effluent criteria). In accordance with
accepted practice, monthly 75a'percentile figures rather than monthly average values,
I were used for the pH data to ensure that the monthly estimates of un-ionized ammonia
were conservatively calculated. Based on the temperature and pH data available, if the
effluent ammonia (1) limit was reduced to 14 mg/L in the summer and 28 mg/1 in the
winter, effluent un-ionized ammonia levels were determined to be well below the toxic
threshold of 0.10 mg/L. Based on this analysis,utilizing the revised proposed ammonia
as N effluent limits of 14 mg/L (summer) and 24 mg/L(winter) for the Port Darlington
i WPCP Phase 1 expansion fully complies with the Ministry's established end-of-pipe un-
ionized ammonia limits. Therefore a non-compliance limit of 24 mg/L in the winter and
14 mg/L in the summer is recommended.
E. Coli
Sewage discharges to surface waters can constitute a significant input source of
pathogens to the receiving waters. Therefore,to protect the recreational use of Lake
Ontario in the vicinity of the Port Darlington WPCP, it is recommended that the
11 expanded plant include a non-compliance limit for E. coli of 200 counts/100 mL.
l Proposed Effluent Limits
Based on the above rationale, recommended effluent non-compliance limits for
expansion of the water pollution control plant capacity for the Bowmanville Urban Area
1 are as shown in Table 3 below.
t
1
macviro 4bWG
E1Provision of Additional Water Pollution Control Plant Capacity for the Bowmanville Urban Area
14unicipal Class Environmental Assessment
Project Summary
Table 3A -Proposed Effluent Concentration Limits
_ on Compliancd Limits
N
_ k Average ..
-- ,Parameter ` Concentration•s'
- Existing Rated Phase 1 Expansion to Phase 2 Expansion to
. Capacity 13,638 m'/d 27,276 m'/d 40,477 m3/d
�t BODS(mg/L) Monthly Average 25 25 25
TSS(mg/L) Monthly Average - 25 25 25
Total Phosphorus Monthly Average 1 1 1
(mg/L)
Total Ammonia as N Monthly Average 14 14
(mg/L)-Summer
Total Ammonia as N Monthly Average - 24 24
(mg/L)-Winter -
E.soli(org.1100 mL) Monthly Average . 200 200
Total Residual Monthly Average - 0.02 0.02
Chlorine(mg/L)
Table 3B Proposed Effluent Loading Limits
ate„ ; , xrt Non-Compliance Limits.
Param er. " Arageioadmg
Phase 1 Expansion to 27,276 m 3 Id Phase 2 Expansion to 40,477 Old
BOD,(mg/L) Monthly Average 681.9 1011.9
TSS(mg/L) Monthly Average 681.9 1011.9
Total Phosphorus Monthly Average 27.3 40.5
(mgt)
Total Ammonia as N Monthly Average 381.9 566.7
(mg/L)-Summer
-- Total Ammonia as N Monthly Average 654.6 971.4
(mg/L)-Winter
Recommendations and Capital Cost Estimate foi- Phase i Plant Expansion
To achieve the above design criteria,the following new unit processes are recommended
for the expansion of the existing Port Darlington WPCP:
e screening
e raw sewage pumping station
e grit removal
e primary treatment
e conventional activated sludge (bioreactors designed for enhanced nitrogen
removal)
B
Macho �
j- Provision of Additional water Pollution Control Plant Capacity for the Bowmanville Urban Area
Municipal Class Environmental Assessment
Project Summary .
�. • secondary clarification
• phosphorous removal
• disinfection
• anaerobic digestion
Capital cost estimates for the Phase 1 expansion are provided in Table 4. The cost
estimates include allowances for site works, inlet works, preliminary treatment (i.e.
j screening and grit removal), primary treatment, biological treatment, effluent
disinfection, and sludge stabilization. The costs also include allowances for engineering,
contingencies and taxes.
Table 4 Capital Cost Estimate for Phase 1 Expansion
1 s Process Corri orient' Estimated Capital Cost Phase 1
ix 1 r P Expansion
Site Works $900,000
Raw Sewage Pumping Station $300,000
Se to a Receiving Station $500,000
Screening $500,000
Grit Channels $300,000
Primary Clarification $1,750,000
IAeration Tank and Blower Building $4,500,000
Secondary Clarification $3,000,000
F Chemical Dosing System(P-removal) $750,000
UV Disinfection Facility $1,350,000
Anaerobic Digestion $3,000,000
IStand-by Power $500,000
Sub-total $17,350,000
IApprovals $100,000
Engineering 10% $1,735,000
i
Contingencies 15% $2,602,500
TOTAL $21,787,500
These cost estimates have been developed at a planning level of accuracy and will be
4 reviewed and updated during the preliminary and detailed design stages of the Phase I
expansion.
s
MacViro 46WG
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Clarin n
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 26, 2007
Report M PSD-037-07 File #: PLN 29.5.5 By-law M
Subject: THE WINDS OF CHANGE ARE CHANGING OUR LANDSCAPE:
RESOLUTION OF THE MUNICIPALITY OF ARRAN-ELDERSUE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT PSD-037-07 be received for information.
Submitted by: 1,7ata, Reviewed by: "
D vid rome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
FUDJC1df
19 March 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
660
REPORT NO.: PSD-037-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 At the February 12, 2007 Council meeting, Council considered and referred the
Resolution from the Municipality of Arran-Elderslie (Attachment 1) for consideration.
The purpose of this report is to advise on how to proceed with the above noted
resolution.
2.0 STAFF COMMENTS
2.1 The Resolution has been circulated to all Municipalities in Southern Ontario and unlike
many other such resolutions it does not seek endorsement. Often when a Municipality
is trying to demonstrate to the Province that the matter set out in the resolution requires
some form of action, endorsement is requested.
2.2 The resolution stems from several wind energy projects under consideration, in
particular along the Lake Huron shoreline in Bruce and Grey Counties. In particular,
there is concern that Bill 51 provides for the exemption from local planning approvals of
"energy" projects that would be approved through the Environmental Assessment Act.
2.3 The resolution proposes two approaches for dealing with wind energy projects.
The first approach is that the Province take a greater role in assuring the public that
there are benefits from releasing energy projects from local planning approvals. It calls
for:
• An overall Environmental Assessment (EA) that addresses all issues involved
with wind turbines
• A study of impacts on local assessments and land values
• Guidelines or regulations for wind farm developments
A demonstration of good faith by allowing wind turbines in Provincial Parks
• Compensation to municipalities that have invested time in reviewing applications
• Compensation to municipalities and tourist operators for loss of revenue
• Provision for restoration of lands after removal of turbines
• Consultation with municipalities
The second approach is to let municipalities take the lead in determining policies for
their areas for the erection of wind turbines and other alternative energy systems under
the authority of the Planning Act.
2.4 At the present time, energy projects of Hydro One Inc. or Ontario Power Generation Inc.
are not subject to Planning Act approvals. Bill 51 provides for additional energy-related
projects to be exempted but this section does not take effect until the Minister issues a
regulation prescribing the type or class of undertaking that would be considered. At this
time, those projects remain under the Planning Act. Ministry staff indicated that such a
regulation is not currently being contemplated This is enabling legislation that could be
used at some point in the future.
661
REPORT NO.: PSD-037-07 PAGE 3
2.5 One difficulty with undertaking a province-wide environmental assessment for wind
turbines is that the EA could not take into account local conditions which are really the
most important aspect of addressing siting and impact issues. Potential impacts would
have to be assessed against and mitigation provided for micro-climatic affects, tourism
impacts, migratory patterns, land values, land uses, etc.
2.6 The Environmental Assessment is an alternative planning process for projects that are
generally robust and could address municipal issues as readily as consideration under
the Planning Act. It should be noted that the 2005 Provincial Policy Statement already
addresses alternative energy issues as follows:
1.8.2 Increased energy supply should be promoted by providing opportunities for energy
generation facilities to accommodate current and projected needs and the use of
renewable energy systems and alternative energy systems, where feasible.
1.8.3 Alternative energy systems and renewable energy systems shall be permitted in
settlement areas, rural areas and prime agricultural areas in accordance with provincial
and federal requirements. In rural areas and prime agricultural areas, these systems
should be designed and constructed to minimize impacts on agricultural operations.
Municipal planning decisions must comply to the Provincial Policy Statement. In this
regard, a municipality does not have "free reign' to determine its own course when
considering energy projects under the Planning Act.
3.0 CONCLUSION
3.1 Arran-Elderslie Council passed the resolution and forwarded it to all Municipalities in
Southern Ontario as information, Staff are recommending that Council accept it as
information.
Attachment:
Attachment 1 - Resolution
662
Attachment
To Report PSD-037-0i
THE CORPORATION OF THE MUNICIPALITY OF ARRAN-ELDERSLI t
1925 Bruce Road 10,Box 70,-Chesley,ON NOG 1'L0,., •�
519-363-3039 Fax:519.363-2203 areldQ by�(S�li
Jy
To all Municipalities in Southern Ontario January 25, 2007
Arran-Elderslie Council passed the following resolution on Monday, January 22, 2007, and directed that it
be forwarded to you for your information.
THE WINDS OF CHANGE ARE CHANGING OUR LANDSCAPE
WHEREAS the Province of Ontario has a mandate to ensure the people of Ontario have sufficient,
reliable electricity to meet their needs in a reasonable and responsible manner;
G1�. ire
AND WHEREAS new sources of electricity must be developed as current, individual electricity users
cannot conserve enough electricity to meet the increased power demands of new commercial, industrial
and residential development;
AND WHEREAS the Province of Ontario, in its Provincial Policy Statement 2005 (in an effort to increase
the supply of electricity), has mandated that the use of renewable energy systems and alternative energy
systems,where feasible,and that alternative energy systems and renewable energy systems shall be
permitted in settlement areas, rural areas and prime agricultural areas in accordance with provincial and
federal requirements with impacts on agricultural operations in rural areas and prime agricultural areas to
be minimized by appropriate design and construction methods;
AND WHEREAS 'provincial and federal requirements'are virtually non-existent with respect to the long-
term effects of wind turbine farms and the subsequent restoration of the sites;
AND WHEREAS section 24 of Bill 51 has amended the Planning Act, effective January 1, 2007, by the
addition of section 62.0.1 which provides that: "(1)An undertaking or class of undertakings within the
meaning of the Environmental Assessment Act that relates to energy is not subject to this Act or to...the
City of Toronto Act, 2006" if it has been approved, ordered or declared under the Environmental
Assessment Act, thereby eliminating all requirements for wind energy systems (turbines), once approved,
ordered or declared, to conform to local municipal zoning by-laws and official plans;
AND WHEREAS the Province of Ontario is undertaking to clear all barriers, including local controls and
decision-making processes, to ensure the addition of wind energy generation in the Province with no
environmental assessment confirming that said generation is safe and effective in the long term;
AND WHEREAS the areas of dependable wind sources exist in less populated areas along shorelines
which have fewer wind disruptions caused by vertical urban development;
AND WHEREAS the Counties of Bruce and Grey are a major component of the Province's 'Ontario—
Yours to Discover'tourism promotion campaign with the Bruce Peninsula being a featured destination;
AND WHEREAS a search on the 'Ontario—Yours to Discover'website for Wrid turbines' resulted in the
message: "Sorry, no matching search items were found"thereby confirming that wind turbines are not, in
fact, a tourist attraction;
AND WHEREAS many seasonal and year-round commercial enterprises and residents depend on our
local 'tourism'trade for their livelihood;
AND WHEREAS municipalities have, and continue to be approached by wind energy developers with
signed land leases for the purpose of erecting wind turbines with the land owners having little, if any,
information on the long-term effects, good or bad, of such turbines;
AND WHEREAS in 1994, Madam Justice McLachlin, of the Supreme Court of Canada made a strong
case for supporting the legitimate role of municipal bodies in making decisions in the best interests of
663
their communities, now known as the"McLachlin rule", when she stated, "If municipalities are to be able
to respond to the needs and wishes of their citizens, they must be given broad jurisdiction to make local
decisions reflecting local values.";
AND WHEREAS in a 2005 ruling, the Supreme Court of Canada further stated that"It is well established
that the Court adopts a "broad and purposive"approach to the construction of the powers of a
municipality";
AND WHEREAS George H. Rust-D'Eye, partner in the firm of Weir Foulds, Barristers &Solicitors, in the
firm's Fall 2006 Municipal Law—Government Update, stated, "Local governments should be encouraged
to"flex their municipal muscle" to achieve the results needed to serve the people who elected them and
carry out their broad mandate that is now prescribed by legislation in most provinces. In assessing
response to the challenges faced by municipalities, it is essential to factor in the legislation and the courts
of today in creating solutions. Municipalities may have more latitude than they think in taking innovative
approaches to problem-solving.";
NOW THEREFORE we respectfully petition the Province of Ontario as follows:
1. To conduct an environmental assessment on all the issues involved with wind turbines in order to
assure the public that the energy systems being freed from local planning processes are indeed good,
safe,viable alternative sources of energy;
2. To conduct a study of the impact of wind turbines on local assessments and land values;
3. In the absence of local input into the siting and construction of wind farms, to develop guidelines
and/or regulations for the standardization of wind farm developments in consultation with the people of
Bruce and Grey Counties, in particular, and the Province of Ontario, in general;
4. To demonstrate that removing energy systems from the Planning Act is being done in good faith
by permitting the construction of wind turbines in Provincial Parks in the Bruce Peninsula and in any other
areas of the Province with sufficient winds;
5. To compensate those municipalities which have invested considerable time and money in
processing wind turbine zoning applications, consulting the public, developing policies, hiring consultants,
etc. which would become redundant;
6. To compensate those municipalities and tourist operators for loss of revenue, over time;
7. To ensure the restoration of lands whereon wind energy systems have been erected and ensure
the removal of all concrete bases embedded with steel;
8. To consult with and keep municipalities apprised of the Province's intentions with respect to
dramatic changes in local planning issues in advance of their being legislated and municipalities having
wasted their time and money on addressing local issues which are ultimately removed from their spheres
of jurisdiction;
9. In the absence of acting on the previous requests, to acknowledge and respect the jurisdiction
and competence of local municipalities to make local decisions reflecting local values by leaving energy
systems under the authority of the Planning Act
664
Clarin n
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Monday, March 26,2007
Report#: PSD-038-07 File No's: A2006-0056, A2007-0001 to By-law #:
A2007-0004 (Inclusive)
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF MARCH 1, 2007
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-038-07 be received; and
2. THAT Council concurs with the decisions of the Committee of Adjustment made on
March 1, 2007, for applications A2006-0056, A2007-0001 - A2007-0004 inclusive and
that staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
Submitted by: Reviewed by:(�)-
R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
GF-DJC"jd
March 14, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
665
REPORT NO.: PSD-038-07 PAGE 2
1.0 APPLICATION DETAILS
All applications received by the Municipality for minor variance are scheduled for a
hearing within 30 days of being received by the Secretary-Treasurer. The purpose of
the minor variance applications and the Committee's decisions are detailed in
Attachment 1. The decisions of the Committee are summarized below.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
MARCH 1, 2007
Application Number Staff Recommendation Decision of Committee
March 1, 2007
A2006-0056 Approve Approved
A2007-0001 Approve Approved
A2007-0002 Deny Tabled
A2007-0003 Approve Approved
A2007-0004 Table Tabled
1.1 Application A2006-0056 was filed to permit the development of 27 townhouse dwellings
on a parcel located at 571 Longworth Avenue in Bowmanville. The proposal included
reducing the southerly interior side yard setback for a townhouse block from the
minimum required 7.5 metres to 4.5 metres for Lot 16 and by increasing the maximum
allowable projection of a deck into a required rear yard from 1.5 metres to 2.06 metres
and 1.83 metres for Unit 22 and Unit 23 respectively.
The variance was heard originally by the Committee January 4th of 2007, where it was
decided to table the application for up to one year. The tabling of the application was
intended to allow sufficient time for Staff to complete the site plan review process and
fully comment on the developer's proposal for townhouses on the property. This is
done to avoid additional variances that may be required as a result of staffs' review.
The original application did not include any request for increasing the maximum
allowable projection of a deck into a required yard. The application was amended and
re-circulated to the public and relevant agencies for comment. As the site plan is now
reaching the approval stage, it was determined by staff that the timing was suitable for
the application to return to Committee.
When this application was heard at the March 1, 2007 meeting the Committee approved
the application citing that it is considered to be minor in nature, desirable for the
development of the lot as a whole, and the proposal was deemed to be consistent with
the intent of the Official Plan and the Zoning By-Law.
1.2 Application A2007-0002 was filed to permit the construction of a single detached
dwelling that would result in a reduction of the required rear yard setback from 7.5
metres to 6.44 metres.
666
REPORT NO.: PSD-038-07 PAGE 3
At the meeting, it was brought to the attention of the Committee that the submitted
application contained errors relating to the appropriate lot number for which the minor
variance was being applied for and improper information was provided on the
application regarding why exactly the Zoning By-Law requirements could not be met.
Given the new information provided by the Applicant at the meeting, the Committee
chose to table the application to the next available meeting. Staff agreed to follow-up
with the Applicant regarding the new information that was provided at the meeting.
Staff investigated the issues raised at the meeting and it was confirmed that the Control
Architect for the Municipality had previously approved a model that would fit on this lot
without a variance.
The Applicant has since withdrawn their application and will be making necessary
changes that will allow for the home to be situated on the subject lot without need for a
minor variance.
1.3 Application A2007-0004 was filed to permit an increase in the total floor area of a legal
non-conforming convenience store use from 143 square metres to 237 square metres.
This increase in total floor area would be accomplished by converting an existing
restaurant space in the same building to additional convenience store space. Such an
expansion or alteration to a legal non-conforming use can only be permitted if approved
by the Committee of Adjustment.
Staff noted in their comments that Mac's Convenience Stores Inc. has recently
purchased the property and wishes to expand the convenience store use to a size that
is more consistent with its retail format. The proposed expansion to the legal non-
conforming use would allow Mac's to carry its full line of convenience store items to
serve both the hamlet of Mitchell Corners and the travelling public along Taunton Road.
Staff received one letter of objection from a nearby resident that shares a property line
with the Applicant and expressed concern over the expansion and alteration of the legal
non-conforming use. The letter outlined issued related to the hours of operation,
garbage and litter, noise from cars, pumps, an exterior pay phone and loitering, delivery
trucks using part of their property for loading functions and inappropriate placement of
garbage bins in relation to their residential property.
The Committee concurred with Staffs recommendation and tabled the application until
the next available meeting to provide opportunity for Staff to meet with the Applicant and
the neighbour to discuss and resolve concerns. The Applicant noted that he did not
have any objection to Staffs recommendation and hoped that the issues and concerns
related to the application could be resolved in a timely fashion.
667
REPORT NO.: PSD-038-07 PAGE 4
2.0 CONCLUSIONS
2.1 Staff has reviewed the Committee's decisions and are satisfied that applications A2006-
0056, A2007-0001, A2007-0002, A2007-0003 and A2007-0004 are in conformity with
the Official Plan policies, consistent with the intent of the Zoning By-law and are minor
in nature and desirable.
2.2 Council's concurrence with the decisions of the Committee of Adjustment for
applications A2006-0056, A2007-0001, A2007-0002, A2007-0003 and A2007-0004 is
required in order to afford Staff official status before the Ontario Municipal Board in the
event of an appeal of any decision of the Committee of Adjustment.
I
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment
668
Attachment 1
To Report PSD-038-07
Clarington
Leaaiag the way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: HALMINEN URBAN COMMUNITIES INC
OWNER: HALMINEN URBAN COMMUNITIES INC.
PROPERTY LOCATION: 571 LONGWORTH AVENUE, BOWMANVILLE
PART LOT 11, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILLE
FILE NO.: A2006-0056
PURPOSE:
TO PERMIT DEVELOPMENT OF A PARCEL OF LAND BY REDUCING THE
SOUTHERLY INTERIOR SIDE YARD SETBACK FOR A TOWNHOUSE BLOCK FROM
THE MIN REQUIRED 7.5 METRES TO 4.5 METRES FOR LOT 16 & BY INCREASEING
THE MAXIMUM ALLOWABLE PROJECTION OF A DECK INTO A REQUIRED REAR
YARD FROM 1.5 METRES TO 2.06 METRES AND 1.83 METRES FOR UNIT 22 & UNIT
23 RESPECTIVELY,
DECISION OF COMMITTEE:
TO APPROVE AS APPLIED FOR TO ALLOW THE APPLICATION AS IT IS
CONSIDERED MINOR IN NATURE, DESIRABLE FOR THE DEVELOPMENT OF THE
LOT, CONSISTENT WITH THE OFFICIAL PLAN AND ZONING BY-LAW
DATE OF DECISION: March 1, 2007
LAST DAY OF APPEAL: March 21, 2007
669
Qding the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: VELTRI GROUP
OWNER:, VELTRI AND SON LIMITED
PROPERTY LOCATION: 65 DON MORRIS COURT, BOWMANVILLE
PART LOT 13, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILLE
FILE NO.: A2007-0001
PURPOSE:
TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH A REAR
YARD SETBACK OF 6.85 METRES INSTEAD OF THE MINIMUM REQUIRED 7.5
METRES.
DECISION OF COMMITTEE:
TO APPROVE AS APPLIED FOR AS THE APPLICATION MAINTAINS THE INTENT
OF THE OFFICIAL PLAN AND ZONING BY-LAW, IS MINOR IN NATURE AND IS
DESIRABLE FOR THE DEVELOPMENT OF THE PROPERTY SUBJECT TO A
RESTRICTION TO BE REGISTERED ON TITLE RESTRICTING THE DECK TO
HAVING A 6.0 METRE SEPARATION FOR THE REAR YARD.
DATE OF DECISION: March 1, 2007
LAST DAY OF APPEAL: March 21, 2007
670
Qtag die Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: VELTRI GROUP
OWNER: VELTRI AND SON LIMITED
PROPERTY LOCATION: 61 DON MORRIS COURT, BOWMANVILLE
PART LOT 13, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILLE
FILE NO.: A2007-0002
PURPOSE:
TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH A
REAR YARD SETBACK OF 6.44 METRES INSTEAD OF THE MINIMUM REQUIRED
7.5 METRES.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE TABLED TO THE NEXT AVAILABLE MEETING.
DATE OF DECISION: March 1, 2007
LAST DAY OF APPEAL: March 21, 2007
671
Clarington
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: 673666 ONTARIO LIMITED
OWNER: HALLOWAY HOLDINGS LIMITED
PROPERTY LOCATION: 67 PIPER CRESCENT, BOWMANVILLE
PART LOT 13, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILLE
FILE NO.: A2007-0003
PURPOSE:
TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY
REDUCING THE SIDE YARD SETBACK FROM THE MIN. REQUIRED 1.2 METRES
TO 1 METRE & BY REDUCING THE REAR YARD SETBACK FROM THE MINIMUM
REQUIRED 7.5 METRES TO 6.7 METRES.
DECISION OF COMMITTEE:
TO APPROVE AS APPLIED FOR AS THE APPLICATION IS CONSIDERED MINOR
IN NATURE AND DESIRABLE FOR THE DEVELOPMENT OF THE PROPERTY, IT
IS CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW SUBJECT TO
AN AGREEMENT ON TITLE RECOGNIZING A RESTRICTION FOR DECKS F
DATE OF DECISION: March 1, 2007
LAST DAY OF APPEAL: March 21, 2007
672
Qing the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: MAC'S CONVENIENCE STORES INC.
OWNER: MAC'S CONVENIENCE STORES INC
PROPERTY LOCATION: 1653 TAUNTON ROAD, DARLINGTON
PART LOT 30, CONCESSION 4
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2007-0004
PURPOSE:
TO PERMIT THE ALTERATION WITHIN AN EXISTING BUILDING TO INCREASE
THE TOTAL FLOOR AREA OF A LEGAL NON-CONFORMING CONVENIENCE
STORE USE FROM 143 SQUARE METRES TO 237 SQUARE METRES.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE TABLED TO THE NEXT AVAILABLE MEETING.
DATE OF DECISION: March 1, 2007
LAST DAY OF APPEAL: March 21, 2007
673
Clarington
Leading the Way REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting; GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 26, 2007 Resolution #:
Report#: EGD-031-07 File #: By-law#:
Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR FEBRUARY,
2007.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-031-07 be received for information.
i
Submitted by. Reviewed by.(.
A. S. Cannella, C.E.T. Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC*RP*bb
March 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-031-07 PAGE 2
1. BACKGROUND
1.1 With respect to the Building Permit Activity for the month of FEBRUARY 2007, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF FEBRUARY
2007 2006
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2007-2006
Residential 65 $10,812,068 28 $2,770,558 290.2%
Industrial 0 $0 1 $20,000 N/A
Government 0 $0 1 $1,500,000 N/A
Commercial 4 $142,000 3 $75,555 87.9%
Institutional 0 $0 0 $0 N/A
Agricultural 1 $10,000 2 $23,500 -57.4%
Demolition 3 $0 1 $0 NIA
TOTAL 73 $10,964,068 36 $4,389,613 149.8%
YEAR TO DATE
2007 2006
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2007-2006
Residential 104 $16,677,012 51 $5,262,083 216.9%
Industrial 0 $0 2 $40,000 N/A
Government 0 $0 1 $1,500,000 NIA
Commercial 5 $232,000 8 $318,055 -27.1%
Institutional 0 $0 0 $0 NIA
Agricultural 1 $10,000 4 $428,635 -97.7%
Demolition 6 $0 4 $0 N/A
TOTAL 116 $16,919,012 70 $7,548,773 124.1%
702
REPORT NO.: EGD-031-07 PAGE 3
The following is a comparison of the types of dwelling units issued for the month of"FEBRUARY"
and "YEAR TO DATE".
Dwelling Unit Type"FEBRUARY"2007 Dwelling Unit Type"YEAR TO DATE 2007"
0 g
Townhouse Apartment 0
0% 0% 12 Apartment
Townhouse 0%
14%
20 35
Single
38 Detached 38 Single
Semi- 34% Semi- Detached
Detached Detached 41%
66% 45%
III Single Detached 20 ®Single Detached 35
■Semi-Detached 38 ■Semi-Detached 38
E3 Townhouse 0 ❑Townhouse 12
❑Apartment 0 E3 Apartment 0
The following is a historical comparison of the building permits issued for the month of"FEBRUARY'
and "YEAR TO DATE" for a three year period.
Historical Data for Month of Historical Data "YEAR TO DATE"
"FEBRUARY"
$12,000,000 $18,000,000
$16,000,000
$10,JnValue $10,961,0681 $14,000,000
$8, $12,000,000
$6, $10,000,000
$8,000,000 -
$4, $6,000,000
$2, $4,000,000
$2,000,000
2006 2005 $D 2007 2006 2005
$4,389,613 $6,865,752 ®Value $16,919,012 $7,548,773 $16,844,992
703
Municipality of Clarington
Building Services - Monthly Activity Report FEBRUARY 2007
2007 2006
February Year to Date February Year to Date
PERMIT FEES $83,779 1 $132,286 $31,419 $53,409
2007 2006
February Year to Date February Year to Date
Building Inspections 425 906 373 500
Heating/Plumbing Inspections 409 836 386 543
TOTALS 834 1742 759 1043
2007 2006
February Year to Date February Year to Date
Single Detached 20 35 5 8
Semi-Detached 38 38 0 10
Townhouse 0 12 15 15
Apartments 0 0 0 0
TOTALS 58 85 20 33
YEAR: 2007
AREA (to 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997
month
Bowmanville 56 609 307 587 468 345 312 188 184 313 423
Courtice 17 126 241 173 180 133 129 231 296 254 295
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 1 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 85 861 802 1015 843 701 609 679 640 636 801
Attachment#1 —Monthly Building Permit Activity Report/Historical Comparison of Building Permit 704
•
Ch.. aton
Leadin the Wa �.J
g y REPORT
OPERATIONS DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MARCH 26, 2007
Report#: OPD-003-07 File #: By-Law #:
Subject: RATES AND FEES — SPORTS FIELD
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report OPD-003-07 be received; and
2. THAT the proposed rates and fees as outlined be approved.
Submitted by: 'Cl� V00/_ Reviewed by:JK"
Fred Horvath Franklin Wu,
B.A., R.D.M.R., R.R.F.A. Chief Administrative Officer
Director of Operations
801
REPORT NO. OPD-003-07 PAGE 2
BACKGROUND AND COMMENT:
In 2006, 8899 hours were permitted to various groups through our Department. This is
broken down into the following.
Permit Use Hours
Soccer 3,733.1
Baseball 4,257.4
Special Events 125.6
Picnics 783.8
Total 8,899.9
Sports Field Guide
Staff regularly updates and circulates the sports field guide (Attachment#1) to all permit
holders. The guide outlines to all permit holders their responsibilities as well as our
guidelines and the Municipality's standard operating procedures. Each permit applicant
is given the guide and will acknowledge the approved terms and conditions.
User Group Meetings
Staff meets with our user groups twice per season. These meetings provide the user
groups an opportunity for input on policies and procedures, and constructive
suggestions to the sports field program. During our last meeting, it was suggested that
instead of an annual review and increase to the user fee schedule, a multi year
approach would be preferable. This would give the user groups an opportunity to set
their own budgets well in advance.
802
I:\GPA REPORTS 2007\OPD-003-07;Rates and Fees Sports Field.doc
REPORT NO. OPD-003-07 PAGE 3
User Fees
The following is the recommended fees schedule commencing May 2007 to
the end of the playing season in 2010:
Municipal Park Fees As of Ma 2007
Schedule 1 Rates: 2006 2007 2008 2009 2010
ADULTS, $12.00/hr $13.00/hr $14.00 1hr $15.00/hr $16.00/hr
YOUTH $4.00/hr $4.25/hr $4.50/hr $4.75/hr $5.00/hr
TOURNAMENTS $150.00/da /diamond $150.00/d/d $150.00/d/d $150.00/d/d $150.00/d/d
LIGHT FEE $22.00/hr. $23.00/hr. $24.00/hr. $25.00/hr. $26.00/hr.
Weddin s/S ecial Occasion
Schedule 2 Rates: 2006 2007 2008 2009 2010
Special Event $15.00/hr. $15.00/hr. $15.00/hr. $15.00/hr. $15.00/hr.
Special Events- Holidays $30.00/hr. $30.00/hr. $30.00/hr. $30.00/hr. $30.001hr.
Attachments:
Attachment#1 - Sports Field Permit Guide
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)263-2292 F (905)263-4433
803
I:\GPA REPORTS 2007\OPD-003-07; Rates and Fees Sports Field.doc
ATTACHMENT NO.: 1
REPORT NO.: OPD-003-07
■
Leading the Way
Sports Field Permit
Information Guide
Clarington Operations Department
2320 Taunton Road, Hampton
Telephone: (905) 263-2291
Fax: (905) 263-4433
Email: sarends @clarington.net
UpdfftsM MarCh 2007
ON:pe b/guift
804
INDEX
Purposeof Permits........................................................1
Howto Apply...............................................................1
Who Gets What
Facility Allocated Priorities........... 2
Tournament Requests,___..,,,- ............2
Lights ............................................................................2.
V�ashrooms 3
Parking...........................................................................3
Curfew 3
Emergency After Hours................................. 3
How Much Will It Cost 3
Payments, Cancellations and Refunds 4
.........................
Full Season Use
Occasional Use
Tournaments
Rainouts
Rules and Regulations....... ...........................................5
ATTACHMENTS:
Permit Application for Facility Use.............................6
Terms and Conditions 7
Municipal Fields &Parks .-•-,--_--...._......-_...........•.....8
Orono Park Picnic Areas 12
Comments and suggestions are welcomed, with regard to our sports fields ie. play-ability,
improvements and safety. Please forward all comments through your league representative.
Suggestions pertaining to Capital renovations are requested in writing, to the Director of Operations
prior to September 15. This will enable staff to review requests and formulate for budget submission.
Safety concerns should be forwarded to the Patks Supervisor or his designate
immediately for appropriate action.
Last Revised.-March 2007
805
PURPOSE
The Municipality of Clarington schedules the use of various municipally owned or operated facilities by
issuing "facility permits". The purpose of a facility permit is as follows:
1. Approves use of a specific facility for a defined purpose.
2. Ensures exclusive use of a specific facility by the permit holder on certain dates and times.
3. Assure$that the facility will be in a safe condition.
4. Is an agreement, which binds the permit holder to certain conditions in return for the above
provisions.
HOW TO APPLY
You are required to be 18 years of age or older to apply for a permit.
To apply for the use of an outdoor facility you are required to complete a permit application form.
The deadline for submitting applications for OCCASSIONAL USAGE,PICNICS, TOURNAMENT AND
SPECIAL EVENT usage is one month in advance.
The deadline for submitting FULL SEASON usage is the first Friday in March.
Applications received on or before the established deadline will be reviewed according to the criteria
outlined on page 2.
Applications for OCCASIONAL USAGE (other than tournaments and special events) must be submitted a
minimum of five(5)working days prior to the date(s) being requested.
When completing the permit application,the following must be indicated clearly and accurately:
a) The number of ball diamonds/soccer fields, etc. required at each facility requested;
b) The date and full-time required at each facility;
c) Whether or not you require the use of floodlights,where available; and
d) Contact,name, address and telephone number.
NOTE: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED.
1
806
WHO GETS WHAT
Facility Allocation Priorities
Applications will be processed according to previous usage and the judgement of the Operations Department.
1. Full-season youth league games.
2. Full-season adult league games.
3. Youth league tournaments.
4. Adult league tournaments.
5. Single game requests.
6. Adult invitational tournaments.
7. Youth practices.
8. Adult practices.
Tournament Requests
1. Requests are allocated on a first come first served basis in accordance with the established priorities.
2. When an applicant submits more than a single request in a single category of priorities, the applicant
shall indicate their preference as to which request shall be dealt with first. Otherwise, the appropriate
staff shall decide.
3. In the event that the original date request is not available, applicants who provide alternative dates for
their tournament requests will be considered before applicants in the same category of priorities who
do not provide alternative dates.
4. Allocation in previous seasons for a tournament is not a guarantee for similar consideration in
subsequent seasons.
5. Requests received after the established deadline date will be considered on a first come, first-served
basis after all other requests have been allocated.
LIGHTS
Use of lights on the following diamonds are accessed through a key lock/push button system. Leagues with
scheduled games will be able to push the "on" button to activate the lights. If mechanical light failure or
inclement weather conditions render the diamond unsuitable for use, contact the Operations Department at
263-2291 by the next business day. Groups not following this process will be charged for floodlights.
There is a minimum charge of hour.
• Garnet B. Rickard Recreation Complex (2)
• Soper Creek Park(1)
• Memorial Park South (1)
• Clarington Fields(4)
• Orono Park North(1)
• Kendal Community Park (1)
• Hydro Fields(2) Soccer
• Courtice South Arena(1) Soccer
2
807
WASHROOMS
All users should be aware in advance of facilities where portable washrooms are available. All groups are
asked to inform their members and especially visiting team members of the washroom status of the facility.
Please contact the Operations Department for location information.
PARKING
Facility users should be aware that parking space is limited. In recognition of this, all groups are asked to
observe the following parking guidelines:
a) Obey all"NO PARKING"signs;
b) Do not park on/or block private property;
C) Consider forming car pools where possible; and
d) Make use of any available nearby off-street parking.
CURFEW
The lights will be turned off at 11:00 p.m. Soper Creek Park lights turn off at 10:30 p.m.Dusk is defined as
8:30 p.m. during the summer. Any games starting at 8:30 p.m. or later will be charged a light fee.
The Operations Department recommends that on lit fields no innings start after 10:45 p.m. unless otherwise
approved and on unlit fields no innings start after 8:30 p.m.
EMERGENCY AFTER HOURS
In the event of an after hours emergency,please call 623-5126 (Fire Department Dispatch).
HOW MUCH WILL IT COST
Rental rates charged for the use of all Municipal Outdoor Facilities:
The following is the recommended fees:
!$2200/hr.ADULTS r $13.00/hr $14.00/hr $15.00/hr $16.00/hr
YOUTH $425/hr $4.50/hr $4.75/hr $5.00/hr
TOURNAMENTS /da /diamond $150.00/dld $150.00/d/d $150.00/d/d $150.00/d/d
LIGHT FEE $23.00/hr. $24.00/hr. $25.00/hr. $26.00/hr.
F Weddfri Cot O'i;casio'
Special Event $15.00/hr. $15.00 1hr. $15.00/hr. $15.00/hr. $15.00/hr.
Special Events- Holidays $30.00 1hr. $30.00/hr. $30.00/hr. $30.00/hr. $30.00/hr.
3
808
PAYMENTS, CANCELLATIONS AND REFUNDS
Full-Season Use
1. Payments may be made by cash, cheque or debit card. Cheques are to be made payable to the
Municipality of Clarington. Payment can be made at the Municipality of Clarington Administrative
Centre,Finance Department, 40 Temperance Street, Bowmanville. Leagues will be invoiced monthly
if payment is not received prior to use.
2. Any requests for a refund or usage fees arising from cancellation by the permit holder MUST BE
MADE IN WRITING AND RECEIVED BY THE OPERTIONS DEPARTMENT A MINIMUM OF
FIVE (5) BUSINESS DAYS IN ADVANCE of any date affected. Refunds will be issued after the
final permit date.
3. The fee for all services, lights and fields will be indicated on the permit at the start of the season.
4. PERMITS WILL NOT BE MAILED. If a permit is not signed for your league or group, you
will not have permission to use the facilities.Unauthorized use of permitted parks may result in loss
of existing permit or additional fees.
5. You will be advised on the availability and when to pick up your permits. Our office hours are
Monday to Friday from 8:00 a.m. to 3:30 p.m., telephone 905-263-2291 or fax 905-263-4433 and the
general Department email address is onerationsna,clarington.net.
6. Schedules including playoffs shall be submitted to the Operations Department no later than
May 1st.
7 Permits not signed by May 15 will be re-allocated.To cancel this permit or a day on the permit, the
Operations Department must receive written notification no less than 5 business days prior to the date
stated on the permit.
Occasional Use
1. Payments may be made by cash, cheque or debit card at the Finance Department. Cheques are to be
made payable to the Municipality of Clarington. Payment can be made at the Municipality of
Clarington Administrative Centre, Finance Department, 40 Temperance Street, Bowmanville or the
Hampton Operations Centre,2320 Taunton Rd.,Hampton(cheque or cash only).
2. Any requests for a refund or usage fees arising from cancellation by the permit holder MUST BE
MADE IN WRITING AND RECEIVED BY THE OPERATIONS DEPARTMENT A MINIMUM
OF FIVE (5)BUSINESS DAYS IN ADVANCE of any date affected. Refunds will be issued after the
final permit date.
3. The fee for all services, lights and fields will be indicated on the permit.
4. PERMITS WILL NOT BE MAILED. If a permit is not signed for your group, you will not have
permission to use of any facilities. Unauthorized use of permitted parks may result in additional fees.
5. You will be advised on the availability and when to pick up your permits.
6. Permits not signed and paid for 5-business days prior to date of use will be re-allocated. To cancel
this permit or a day on the permit, the Operations Department must receive written notification no
less than 5 business days prior to the date stated on the permit.
4
809
Tournaments
1. At the time of booking,tournament fees are due upon signing of the agreement.Payment is due 10
business days prior to the event date or the event will be cancelled. A schedule of games is also
required at this time and a dragging schedule submitted.
2. In the event that inclement weather forces alteration and/or cancellation of your tournament, you are
required to give full details of your schedule revisions, in writing, to the Operations Department no
later than the Friday following your tournament. This will allow for appropriate fee adjustments to be
made. If written notice is not received by the deadline, tournament fees will not be refunded.
Rainouts (Full-Season Use, Occasional Use and Tournaments)
1. in the event of rainouts or cancellations the Operations Department will keep a record of these -the
leagues/organizations are required to Contact the Operations Department to inform them of rainouts to
be recorded. As games are rescheduled the rainouts will be cancelled off of our records.
2. Permit holders have 24 hours or the next business day to contact the Operations Department in the
event that they cancel a field due to poor weather conditions. Failure to do so will result in your
organization being charged for the field use.
RULES AND REGULATIONS
Permits must be issued for use of parks with 15 or more participants.
The permit holder is required to abide by and to adhere to all Municipality of Clarington By-Laws and all
Federal and Provincial Legislation and Regulations and Guidelines. The onus is on the Permit Holder to
ensure that he or she is aware of such By-Laws, Legislation, or Regulations.
• ALCOHOL IS NOT ALLOWED AT ANY OUTDOOR FACILITY THAT HAS BEEN ISSUED A
PERMIT BY THE MUNICIPALITY UNLESS AUTHORIZED BY ALCOHOL AND GAMING
COMMISSION (formerly LLBO).
• OUTDOOR FACILITIES PERMITS WILL NOT BE ISSUED UNTIL THE SECOND WEEK IN
MAY.
• THIS MAY BE SUBJECT TO CHANGE BASED ON WEATHER CONDITIONS AND FIELD
MAINTENANCE REQUIREMENTS.
• USAGE PRIOR TO THIS DATE IS NOT AUTHORIZED AND MAY BE UNSAFE TO THE
USER
Terms and Conditions are listed on the back of your permit,which must be signed at the same time that you
sign your Facility Booking Contract. A list of Terms and Conditions are on Page 7.
Orono Park picnics are assigned a specific area. Please refer to map attached on Page 12.
5
810
•
C�ar� n
Leadin the Wa
g y OPERATIONS DEPARTMENT
PERMIT APPLICATION
FOR FACILITY USE
MAIL TO: OR DELIVER TO:
Department of Operations Department of Operations
Municipality of Clarington 2320 Taunton Road
40 Temperance Street Hampton, Ontario LOB 1J0
Bowmanville, Ontario L1 C 3A6 Tel: 905 263-2291 or Fax: 905 263-4433
PURPOSE OF USE:
v zD.9T n -TIiIAE 12--VANAU p
ACCOMMODATION, SPECIAL EQUIPMENT and PRIVILEGES:
GROUP NAME:
CONTACT PERSON: (must be 18 yrs.of age or over)
MAILING ADDRESS:
PHONE#:
ALTERNATE CONTACT:
PHONE#:
ESTIMATED NUMBER OF PEOPLE ATTENDING: Picnic Area:
The permit holder agrees to be responsible for payment of any rental charge that becomes due W the Municipality of Clarington
under this permit. Payment in advance with post dated cheques due before permit date.The permit for facility and rental dates is
valid only when an authorized representative of the Operations Department signs the application.
Signature of Person-in-charge:
DATE:
OPERATIONS DEPARTMENT AUTHORIZATION:
DATE ISSUED:
6
811
Municipality of Clarington
Terms and Conditions
The applicant in consideration of the issuance of this permit covenants and agrees:
1. To comply with the regulations hereof and enforce such regulations.
2. To indemnify and save harmless the Municipality of Clarington from all claims therefore and upon request will
lodge with the Municipality of Clarington confirmation of liability insurance in a form and amount satisfactory to
the Municipality of Clarington.
3. To comply.with all Federal, Provincial and Municipal laws and regulations.
4. To provide competent supervision of the facility and section.
5. To be responsible for all loss and/or damage arising out of the use of this facility or section.
6. That the keeping, use or sale of alcoholic beverages within the facility or section, except when specifically
authorized by the Alcohol Gaming Commission(formerly LLBO) and Municipality of Clarington is prohibited.
Note— As we all know, drinking in public parks without a license from the Alcohol Gaming Commission
(formerly LLBO) is illegal. We ask that you and your organization promote a zero tolerance from alcohol at your
events.
In the event of alcohol being consumed during your permitted event, the following will be our procedure to
handle the situation:
1) 1`r occurrence-letter to the permit holder;
2) 2nd occurrence—suspension of that night for one week; and
3) 3 r occurrence—suspension of that night for the remainder of the season.
7. To comply with any orders and directions of the Operations Department Staff. Rowdiness, verbal or otherwise,
will not be tolerated.
8. That no person shall use the facility except for the purpose specified herein. NO time,function, event or use
shall be substituted without prior approval by the Department of Operations.
9. To pay all associated charges relating to this permit.
10. That vehicles shall be parked in the designated spaces.
11. That this permit is not transferable.
12. That the Department of Operations reserves the right to cancel any permit temporarily or permanently.
13. That this permit is not valid unless signed by the appropriate Director or authorized representative of the
Department.
14. To cancel this permit,the Operations Department must receive written notification no less than fifteen business
days prior to the date stated on the permit.
15. To comply with and adhere to the Municipality of Clarington's By-Law 2006-126 dealing with the use
regulation, protection and government of parks in the Municipality of Clarington.
Signature:
Print Names: 7
812
SPORTS FTELDS & PARKS
Clarington has more than 70 parks for you to enjoy both your active and passive leisure pursuits.The fields listed are maintained permitted
(where indicated)by the Municipality of Clarington. Permit applications for field use(seasonal,special events and/or tournaments)are available for
pick up at 2320 Taunton Road,Hampton or call(905)263-2291.
Ward 1
FacilkylPark Diamond Soccer Lights Permits Tennis Basket Playground Washroom Splash
Ma 0 Y=Youth M=Mini I Iunlor A=Adult Field Required ball On Site Pad
101 Avondale Park 2X X X
102 Che Blossom Parkette X
103 Courtice Memorial Park 11 7M X
105 CourBceCommuni Corn lex 1M X X
104 Courtice Second- School 1A X X
113 Courtice South Arena 2005 1A X X X X
106 Courtice West Park tY X X
107 Darlin ton Hydro Fields 8M 1J 3A 2X X X X
108 Firwood Park X
109 Foxhunt Parkette X X
110 Gatehouse Parkette X X
121 Geor a Reynolds Parkette X
111 Glenabbey Parkette X X X
112 Highland Park 1Y 1M X X X
114 Mona Parkette X X
115 Penfound Park 1A 1M X X
116 Pickard Gate Parkette X
122 Roswell Park 2007 1A 1M X X X X
117 Solina Park 2A 2A X X X X
118 Stuart Park 1A X X X X
119 Whitediffe Parkette i X
120 Zion Park 1M 1A X X
Ward 2
Rent acility/Park Diamond Soccer Lights Permits Tennis Basket Playground Washroom Splash
Ma !e =Mini JJunior A=Adak
Field R uired ball On Sile Pad
201 1A X X 202 rk 1A X X
205 ields 4A 4X 203 e Memorial Park 2A X 1 X X X X
204 rk 1A 1A 1M X X
206 Darlin ton orts Centre 1A X
208 Elliott Memorial Park 1A X X X
209 Elliott Skateboard Park X
226 Green Park 1A X X X X
207 Hampton Hall 1M X
212 Ha don Hall Parkette X
215 Landerville Parkette X
216 Lions Parkette X X
217 Lord E in Park 2A X X X X
224 0 timist Park Waverle Rd 1Y 2M 1A X X X
219 Rhonda Park 1Y X X
221 Rota Park X X
222 Garnet B.Rickard Recreation 2A X X X X
Com lex
225 Westside Drive Park 1A X X X
813
Ward 3
FaeigtylPark Diamond Soccer Lights Permits Tennis Basket Playground Washroom Splash
Map Y=Youth WlWnt JJumior A=Adult Field uired bag On She Pad
Badow Parkette 2006 X X
301 BowmanAlle Conservation Boat
Ram
302 Bowmanville High School 1A X X
305 East Beach Parkette
307 Elephant Park 2Y X X
316 Guildwood Park 1A X X X X X
309 Glanville Parkette X X
311 Lon worth Park 1A X X
312 Meams Park iM X X
313 Soper Creek Park to X X X X X
303 Tourism Parkette X
314 Tyrone Park 1A 1Y 1M 2A X X X
315 1 Vincent Massey Public School 1Y X X
Ward 4
Facility/Park Diamond Soccer Lights Permits Tennis Basket Playground Washroom Splash
map S Y=Youth M=Mini JJunlor A=Adult Field Required ball On Sge Pad
401 Andrew Street Parkette X X
402 Bond Head Boat Launch X
403 Brookhouse Parkette X X X
404 Clarke High School 1A X
405 Edward Street Park tY X X
406 Foster Creek Parkette X
408 Ina Brown Parkette X
407 Harvey Jackson Memorial Park 1A X X X
409 Kendal Community Centre Park 2Y X X
411 Newcastle Lions Pool X X X
413 Newcastle Memorial Park 1A X X X
'414 Newcastle Public School 1Y 1Y X X X
416 Orono Public School 2A X X
417 Orono Fairgrounds 2Y X X
418 Orono Park 1AY X X X X X X X
410 Pearce Farm Park(2007F 1M X X X X
419 Peters Pike Parkette X
420 Pines Sr.Public School 1Y 1A 1M X
415 The Glenn
412 Walbridge Park 1A X X X
422 Westview Parkette X
Permit Information:Contact (905)263.2291 ext 527
**May not be playable.
9
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REPORT
OPERATIONS DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 26 , 2007
Report#: OPD-004-07 File #: By-Law #:
Subject: CLARINGTON PITCH-IN CANADA EVENTS
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report OPD-004-07 be received for information.
Submitted by: Reviewed by:,)
ed rvath Franklin Wu,
B D.M.R., R.R.F.A. Chief Administrative Officer
Di cto of Operations
Ffta
818
REPORT NO. OPD-004-07 PAGE 2
BACKGROUND:
The 41st Annual Pitch-In Canada Week across Canada will take place April 23rd to
28th. The campaign theme is Operation Clean Sweep. The program is the largest
and only multi Province environmental improvement campaign in Canada. The
objectives of the campaign include:
• Cleanup, restore and beautify the environment by cleaning up litter and
other garbage from urban and rural and wilderness areas and by initiating
local products such as habitat preservation and restoration and urban
renewal activities.
• Encourage voluntary action as a means of resolving environmental
problems.
• Educate to pack in/pack out their waste when they enjoy the natural
environment.
• Encourage civic pride and develop long term working relationships for the
future.
The Clarington Pitch-In Canada Events from April 24th to 29"', 2006 were a big
success with over 2,000 participants and 42 locations (compared to 27 in 2005)
were cleaned up and approximately 4.5 tonnes of garbage collected from our
boulevards, parks, trails and open space areas. A challenge was issued to the
schools across Clarington to strive for 100,000 minutes of participation. They not
only met the challenge, they exceeded it by participating in 120,000 minutes of
volunteer time.
819
REPORT NO. OPD-004-07 PAGE 3
The Municipality of Clarington participants and locations in the 20D6 campaign are
listed below:
ratio Municipality of Clarington
`�mS5 .e" 2006 Clean-up Locations/Events
Friday Aril 21
Location Contact
Waverley Public School, Optimist Cheryl Brown,Principal
Park Waverley Public School
Central Public School and Area Leisa Rook
Blvds. Central Public School
Vincent Massey Public School Lanna Gahagan
Vincent Massey Public School
Ontario St. Public School and Barb Beath,Vice Principal
Memorial Park Ontario St. Public School
Courtice North Public School Debra Soanes
grounds
Saturday Aril 22
Location Contact/Organization
Hampton Community Hall and Grace Moms - Hampton Citizens Assoc.
Area Blvds.
Mill Street South at Hwy 401 Fred Horvath and family and Neighbours
Interchange
Samuel Wilmot Creek Trail Peter Windolf or Dianne Graham
Lions Trail Newcastle Charlie Trim—Lions Club
Sydney B. Rutherford Trail Charlie Trim—Masons
Bloor&Trull's Rd. Blvds. Cindy Gates -Hope Fellowship CRC—Gem Girls
Group
Enniskillen area Susan Dermarkar- Scout Group Leader
Newtonville interchange Linda Farrow
Pebblestone Rd. I John Schoonderbeek
Monday Aril 24
Location Contact
Village of Orono and Orono Park Pamela Werry
Pine Ridge District Orono Girls Guides
Wednesday Aril 26
Location Contact
Courtice Millennium Trail & Marianne Leung— Ontario Power Generation Staff
Courtice Complex
Courtice Millennium Trail & John Howden, Courtice Secondary School Students
Courtice Complex
820
REPORT NO. OPD-004-07 PAGE 4
Location Contact
Trull's Rd. Karen Witty
Thursdav Aril 27
Location Contact
Clarington Central Secondary Karen Boyd
School,RRC &blvd. Clarington Central Secondary School Students
Saturday Aril 29
Location Contact
Green Park Jamie Montgomery- Scouts Canada P Bowmanville
Drop Off Area at Animal Region-Elizabeth Lockett
Services Staff:
1 -BIN FOR a-waste - area 1. Kaye Rand
2—Cellular phone drop off area 2. Susan Arends(when free from checking all cleanup
3 -Region Blue box, green bin areas to make sure everything is running smoothly etc)
& backyard com oster sale
Bowmanville Valley Frank Lockhart, Bowmanville Valley 2000
Pat Churchill from Tim Horton's
1. Murray Devitt and Debbie Devitt
2. Larry Postill south parking lot entrance
Clarke 4h east to Pollard Rd. Karen Murphy&Family
then north Grandson Quincy Clarke inspired family
Concession Rd. 3 between Residents have called and will be going to this location
Liberty &Meams Staff: Bob Genosko
Soper Creek Trail by Shoppers Gary Ball
Drug Mart
Hwy 57 walkway to McCrimmon Diane Katsikis
and West Side Park/open space
Sandringham Dead end Dorothy Ansell &Family
Newcastle Memorial Park Fred&Gabrielle Horvath
Saturday May 6
Location Contact
Port Darlington Community Port Darlington Community Association
Glenda Gies
Saturday May 27
Location Contact
Tyrone Community Mark Canning 263-2664
Tyrone Board
Completed(no participation date given)
5`s Concession— Suzanne and Leslie Westhauser
Baseline and Concession 1 -Dave and Dorothy Imlach
Numerous locations in Newcastle- Louie Lalande,
821
REPORT NO. OPD-004-07 PAGE 5
RECYCLING DROP OFF AREA:
Last year a Computer E-Waste, Cellular Phone drop off area was included in our
event as well as the Region of Durham selling blue boxes, green bins and
backyard composters.
The Computer E-waste was a great success. Residents dropped off 3.7 tonnes of
computer a-waste which the Region of Durham recycled all of the materials. Waste
Management Inc. of Courtice sponsored this event by providing a 40 yard bin and
costs for disposal/recycling.
The cellular phone drop off area was more successful than in previous years. It
was noted from comments from the public that most residents are not aware that
their cellular phones can be recycled the same as old computers. Cellular phones
and their batteries (which is hazardous waste) should not be put in the landfill.
It should be noted that due to our sponsors, Ontario Power Generation, Tim
Horton's and Wendy's Restaurants, residents were supplied with gloves to protect
them from the garbage and sharps while they were volunteering their time.
ADOPT-A-ROAD
A group or community organization can help keep the streets of Clarington cleaner
by participating in the Municipality's "Adopt-A-Road" program. Under this program,
you agree to help remove litter from a section of road. The Municipality will supply
safety vests, traffic control signs and trash bags. Call the Engineering Department
for further information regarding this program at (905) 623-3379. The following
roads have been adopted:
• Brookside Cottage B & B — Concession Rd. 7 between Middle Rd. and
Regional Rd. 57
• Rotary Club of Bowmanville— Baseline Rd. from Liberty St. to West Side
Drive
• St. John's Anglican Church— Green Rd. from Highway 2 to Nash Rd.
• Liberty Dental Centre — King St. from Green Rd. to Roenigk Dr.
822
REPORT NO. OPD-004-07 PAGE 6
■ Courtice Lions—Trull's Rd. from Hwy 2 to Bloor St.
2007 PITCH-IN EVENT INITIATIVES
In 2007 Clarington events will include:
Region of Durham Hazardous Waste Drop off Area at Animal Services at 33
Lake Road, Bowmanville.(TENTATIVE —waiting for Region's approval)
Habitat Canada - Saturday April 28th from 9 am to 12 noon —at Animal
Services, 33 Lake Rd., Bowmanville
Items that will be accepted are:
• Complete small windows(under 3 x 4)
• Solid wood and hollow paneled doors (no slab doors)
• Good bathroom vanity cupboards
• Door hardware
• Tools
• Solid wooden furniture(no upholstery)
• Good working appliances (no freezers)
• Full length lumber and trim
• Paper back books and knick knacks
• Cellular Phone drop off area - Saturday April 28tI" from 9 am to 12 noon — at
Animal Services, 33 Lake Rd., Bowmanville
• Schools will be challenged to have 120,000 cleanup minutes in 2007.
CONCLUSION
Staff will continue to update the Municipal website as well as contacting Builders,
community groups and interested residents.
Pitch in Day is an excellent program for residents to participate ensuring that waste
management needs are being met. Your project can take a few hours, a day or be
an ongoing commitment. Clean up a local park, a ravine, a neighbourhood. The
Operations Department will continue to provide safety equipment, garbage bags
and garbage pickup for all of our volunteers.
"Pitch-In Week" is an excellent Community based program that encourages
Community involvement and promotes volunteerism and instills Clarington pride.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)263-2291 F(905)263.4433
823
Clarington
Leading the Way
REPORT
EMERGENCY AND FIRE SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 26, 2007
Report#: ESD-003 -07 File # 10.12.6 By-law#
Subject: Purchase of Containerized Training Facility
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report ESD-003 -07 is received;
THAT the requirement for tendering in accordance with Purchasing By-Law
2006-127 be waived for this transaction;
THAT Clarington Emergency and Fire Services enter into a joint venture with the
City of Oshawa, Town of Whitby and Durham College for the purchase of a
containerized training facility; and
THAT $90,000 is drawn from the one time Provincial Grant for Municipal Fire
Sen/ices monies which have been placed in the Fire Prevention Reserve
Account. .
Submitted by: �G � � Reviewed b o
ordon Weir, AMCT, CMM111 Franklin Wu,
Director of Emergency & Fire Services Chief Administrative Officer
GW:sr
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506
901
REPORT NO.: ESD 003-07 PAGE 2
1. BACKGROUND
1.1 Fire Services in Durham Region have utilized the training facility on Colonel Sam Drive,
Oshawa for over 30 years. The bum building was recently deemed unsafe by Oshawa
City Engineering Staff and therefore has been closed for use.
1.2 Due to the nature of their work, firefighters have a requirement for live fire training in a
realistic environment. Future construction at the current training facility is not
recommended due to the proximity of protected wetlands and the contaminants
developed during training evolutions. The existing facility can still be used for other
training evolutions; however the bum tower is not to be used.
y
r.
1.3 Over the past number of years Oshawa, Whitby, Clarington and Durham College have
utilized the Colonel Sam Drive training facility regularly. The Fire Chiefs for Oshawa,
Whitby, and the Pre Fire Service Coordinator for Durham College, have all expressed
interest in the purchase of a propane fire training device. A joint purchase is appropriate
as the unit is not used on a daily basis by any one organization and costs can be shared
equally.
1.4 A number of years ago, Fire Services, together with other southern Durham Region
municipalities completed a joint purchase of a flashover simulator unit and have had
success with this type of purchasing and use process. This unit however is close to
reaching its intended life span. The propane training unit will also provide the same
conditions of a flashover allowing it to be used for this purpose.
2. COMMENTS
2.1 - Oshawa currently has no funding plan for the replacement of the fire training facility,and
Clarington has no intention, at this time, of building their own training facility.
2.2 Although the incidences of fire continue to decrease, the need to train and maintain
competency in a realistic environment increases.
2.3 The use of wood and other combustibles for training purposes provides safety concerns
since the conditions cannot be completely controlled and unforeseen dangers such as
back drafts can be encountered. The use of wood and other combustibles also create an
environmental hazard both to the surrounding land and atmosphere.
902
REPORT NO.: ESD 003-07 PAGE 3
2.4 Fire Services, together with the above potential partners, are proposing the purchase of a
propane fire training device. The recommended location for the device is Fire Station 5,
1550 Harmony Rd. N., Oshawa, but if not suitable, Durham College or the Colonel Sam
Drive training facility would be available.
2.5 A shipping container forms the basis for the training device. Entrances including a roof
access and moveable walls are configured into the unit to provide a number of simulated
residential applications. Kitchen and bedroom fire scenarios are created with the use of
propane fuelled props.
2.6 The trainer in control of the exercise utilizes a "dead man switch" which controls the fuel
supply. Gas sensors are installed throughout the unit which automatically shut off gas
supply and turn on ventilation systems thus making this system extremely safe for
firefighter training. A non-toxic smoke is used in the unit to replicate actual fire
conditions. This smoke, although realistic, is vegetable based and not harmful to staff or
those in the surrounding area.
3. CONCLUSION
3.1 In March, 2005 the Provincial Government provided a one time grant to Municipalities to
be used for training and equipment. Clarington received $178,000 of which
approximately $100,000 is still available.
3.2 The following companies have provided quotes for a fire training device:
Kidde Fire Trainers $277,000
Draeger Canada Ltd. $281,565
Based on a presentation from both companies, references and value added services the
Draeger unit was preferred by all partners. The total cost for the unit, propane
installation, portable generator and delivery is approximately $340,000.
3.3 Clarington's share, with four partners, would be approximately $90,000, which includes
$5,000 for contingency. Although the unit is portable in that it is surface mounted on
concrete pads, there are minor site preparation costs, which must be determined.
3.4 Each partner will be responsible for their respective training costs (i.e. propane and
electrical use); the unit itself will be maintained through an annual maintenance fund.
3.5 The co-operative venture is an attractive option as it establishes a large support base of
resources. It also shows willingness for the various departments to work together in the
training and safety of our firefighters.
3.6 The Director of Finance has reviewed the funding requirements and concurs with the
recommendations.
903
Cl�gto�
Leading the Way
REPORT
EMERGENCY AND FIRE SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 26, 2007
Report M ESD-004-07 File # 10.12.6 By-law #
Subject: MONTHLY RESPONSE REPORT— FEBRUARY 2007 ,
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-004-07 be received for information.
Submitted by: �� �---/ Reviewed by�
G don Weir, AM CT, 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
904
EPORT NO: ESD-004-07 PAGE 2
ACKGROUND AND COMMENT
1. BACKGROUND
1.1 Our report covers the month February 2007. It is our intent to provide Committee with
information relevant to this department, in a timely manner.
2. REPORT
2.1 The department responded to 610 calls during this period and recorded total fire loss at
$150,100. A breakdown of calls responded to follows in the table attached.
ttachment: Activity Report
905
CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT
Period: February 1, 2007 00:00:00 to February 28, 2007 23:59:59
CALL TYPE VOLUME
STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 CALL CALL TYPE
BOWMANVILLE NEWCASTLE ORONO COURTICE ENNI NKILLE TOTALS PERCENTAGE
PROPERTY FIRE 4 0 0 4 1 9 2.9%
CALLS
BURNG
COMPLAINTS 0 0 0 0 0 0 0.0%
FALSE FIRE 24 4 1 9 2 40 12.9%
CALLS
PUBLIC CALLS RD 14 2 0 16 0 32 10.3%
RESCUE CALLS 18 9 5 14 4 50 16.1%
MEDICAL ASSIST 86 - 12 6 47 2 153 49.2%
CALLS
MISCELLANEOUS 14 1 0 11 1 27 8.7%
CALLS
TOTAL MONTH R 160 28 12 101- 10 311 100.0%
YEAR TO DATE 310 74 30 180 16 610
YEAR TO DATE 51.4% 9.0% 3.9% 32-.5% 3.2% 100.0% Im
PERCENTAGE
STANDYBY 7 0 0 1 0 8
CALLS
DOLLAR LOSS $11,100 $0 $0 $104,000 $35,000 $150,100
PROPERTY FIRE CALL TYPE VOLUME
CALLS
BURNING 7%
COMPLAINTS 49.2%
FALSE FIRE 2.9%
CALLS
PUBLIC HAZARD D'0%
CALLS
RESCUE CALLS 12.9%
MEDICAL ASSIST
CALLS
103%
MISCELLANEOUS 15.1%
CALLS
APPARATUS CALL VOLUME
STATION 1 PUMPER 1 PUMPER 11 TANKER 1 UTILITY 1 AERIAL 1 RESCUE 1
254 214 25 3 0 6 6
STATION 2 PUMPER 2 TANKER 2
44 33 11
STATION 3 PUMPER 3 TANKER 3 UTILITY 3
15 1 13 2 0
STATION 4 PUMPER 4 PUMPER 44 TANKER 4
163 142 19 2
STATION 5 PUMPER 5. TANKER 5
15 11 4
491 356 101 22 0 6 1 6
906
Clarin n
Le�;ngrse way REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 26, 2007 Resolution #:
Report#: CSD-004-07 File #: By-law #:
Subject: COMMUNITY SERVICES - 2006 YEAR END REVIEW
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-004-07 be received for information.
Submitted by: Reviewed by�'�`
oseph P. Caruana Franklin Wu
Director of Community Services Chief Administrative Officer
J P C/TL/A E/S C/S M/GA/j m
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-5506
1 001
REPORT NO.: CSD-004-07 PAGE 2
RECREATION SERVICES DIVISION
1.0 BACKGROUND
1.1 The Community Services Department is responsible for planning, implementing
and evaluating municipal recreation and leisure programs and facilities. This
report is intended to provide Council with an overview of the activities associated
with the Department's Recreation Services and Facilities Divisions during 2006.
2.0 RECREATION SERVICES DIVISION
2.1 Over the course of 2006, this Division offered residents of Clarington over 1,400
registered classes in aquatics and fitness, as well as, youth and adult recreation
programs. In addition to our structured programming, the Division is also
responsible for the Department's drop-in programs, special events,
memberships, public swims and recreational skating.
2.2 Recreation Services also provides opportunities for approximately 170 part time
staff positions, the majority of which are filled by local youth. These are positions
of substantial responsibility as parents entrust their children to our care and
safety.
3.0 AQUATICS
3.1 Admission Standards for Public Pools
i) After months of preparation, staff training and public education, April 1,
2006 marked the Municipality of Clarington's launch of the new Admission
Standards for Public Pools. As advised in Report CSD-03-06, this
initiative was a direct result of the Ministry of Health and Long Term Care's
notice to area municipalities regarding the Coroner's Recommendations
for Admission Standards for Public Pools.
ii) This new standard for Admissions represented a significant change to the
Municipality's existing admission standard. Working both independently
and in conjunction with the Durham Region Aquatic Programmers
Committee, the Community Services Department put forth changes to
increase the safety of all users, particularly young children, both in the
change rooms and in the pool area.
iii) Due to extensive public awareness and education prior to the launch
(including newspaper advertisements, handouts to swimming lesson
participants, Community Guide, mail-outs and signage Within facilities),
implementation went smoothly and with little impact to the existing
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REPORT NO.: CSD-004-07 PAGE 3
operation (see Attachment #1). Many parents commented the new
standards were a welcome change in promoting safety of young children.
Staff agreed that the increase in parental supervision has had a significant
impact on the safety concerns of young children, within the pool area and
surrounding change rooms.
3.2 Heat Relief Swims
i) In 2006, ten Heat Relief Swims were offered when temperatures reached
30 degrees Celsius or higher. These swims were an overwhelming
success in terms of patrons using the pools to cool off. A total number of
4,203 patrons utilized the four municipal pools on these days.
ii) Staff will be reviewing this initiative in upcoming months to ensure a high
level of customer service is maintained for all users, including members
who were unable to utilize the pool during regularly scheduled adult or
lane swims, when Heat Relief Swims were implemented_ Options may
include designated pools for Heat Relief Swims as to affect the daily
operation as little as possible.
3.3 Head Start
i) A new leadership development program was finalized for teens looking to
gain employment in the Aquatic field. The program called Head Start was
.designed specifically by senior aquatic staff to assist teens who have
obtained the minimum aquatic certifications, gain valuable insight and
experience to the aquatic profession. Topics include: Instruction,
Lifeguarding, Customer Service, Interview Skills and Volunteering.
ii) Head Start will also prove to be a valuable tool to the Aquatics portfolio.
Mass hiring, done twice a year, can require upwards of 20 new staff
members. By increasing training and leadership skills of applicants
through the Head Start program, it has the potential to decrease the
amount of training and mentoring time for new hires. This increases the
effectiveness of mass hiring and has positive results on the pool deck as
instructors are more comfortable with the swimming lesson participants
and parents are happy with the end result.
iii) Promotion of the new program will be aggressive in the upcoming months,
in anticipation of the Fall hiring, when it is expected that half of the Aquatic
staff will take the skills they have developed in Clarington, with them in a
new chapter of their lives — higher education!
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REPORT NO.: CSD-004-07 PAGE 4
3.4 Aquatic Portfolio Statistics
i) Overall, Aquatic programs at all aquatic facilities remain popular. In 2005,
5,563 participants were registered compared to 5,803 in 2006,
representing a 4% increase.
ii) Number of users participating in public swims at the Outdoor Pools (Orono
Park Pool and Newcastle Lion's Pool) also rose in 2006. In 2005, there
were 7,908 users while in 2006 there were 8,543, representing an
increase of 7%.
4.0 FITNESS PROGRAMS
4.1 Fitness and Children
i) Childhood obesity in Canada has reached epidemic proportions, according to
the Calgary Health Region/Community Prevention of Childhood Obesity who
cite one out of every seven children between the ages of 7 and 13 is obese.
ii) 40% of obese children will carry this trend into adulthood.
iii) Lifestyle changes have contributed to the increase in childhood obesity and
include:
Less active children - 25% of Canadian children spend more time each
week watching television and playing computer/video games than they
spend in school.
Eating less nutritious foods - Children are eating fewer foods that provide
fiber, vitamins or other important nutrients (fruit and vegetables) but
continue to consume foods that are high in fat, salt and sugar (soft drinks,
snacks and candy bars).
iv) Prevention is the key: it is easier to prevent becoming overweight and obesity
in children than to treat it.
v) The Municipality of Clarington, through Report CSD-06-06, took a proactive
step in the pursuit to provide children with a program that will help them
develop beneficial habits that include incorporating lifelong physical activity
and health lifestyle choices.
vi) For families, active living is an opportunity to connect and share pleasurable
and health-enhancing experiences. The Municipality of Clarington is
providing this opportunity with our innovative new program, "Active Families",
for children aged 6-12 and an accompanying adult.
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REPORT NO.: CSD-004-07 PAGE 5
vii) As we move forward in broaching childhood fitness initiatives, we look forward
to increased program participation, especially with government tax credits,
like the Children's Fitness Tax Credit, which encourages parents to get their
kids active and working with schools to help children of the community get
moving more and make healthier decisions.
4.2 Fitness and Youth
i) The focus on leisure activities for youth has shifted as physical activity
decreases and sedentary activities such as television, video games and
computer use increases. This reduction in energy expenditure, combined
with an increase in the availability of high energy, high fat foods have likely
contributed to the dramatic increase in the prevalence of overweight and
obese youth.
ii) The Municipality of Clarington, through Report CSD-13-05, introduced the
Teen Fit Club program in January of 2006. Geared for youth aged 13-17, the
program allows youth aged 13 and 14 the opportunity to join the Fitness
Training Centre at an early age, upon successful completion of the course.
iii) Since its implementation in January 2006, 82 participants have successfully
completed the program which is offered two to three times per week each
session.
iv) As we move forward in the area of youth fitness, we look to partnering with
area schools to increase student awareness of the importance of physical
activity and healthy lifestyle choices and highlight programs available to them.
4.3 Fitness and Time
i) In today's fast-paced world, maintaining a healthy lifestyle can be challenging.
ii) Lack of time is often cited as the number one reason people stray from a
physical fitness regimen and end up cancelling their gym membership.
iii) Regular physical activity is critical to reduce the risk of heart disease, adult-
onset diabetes, colon cancer, osteoporosis, high blood pressure, depression
and premature death.
iv) In an attempt to appeal to the "time-conscious" segment of the population and
to remove a barrier to participation, the Fitness Training Facility has
introduced a variety of new classes that are short on time but high on energy
output. New classes like Quick Spin and Quick Fix offer shorter workouts,
while other classes like Spin and Sculpt and Spin and Abs offer participants
the chance to get their cardio, strength training and flexibility all done in one
session.
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REPORT NO.: CSD-004-07 PAGE 6
v) As time continues to remain at a premium for many, we will continue to
provide innovative fitness classes and programs to meet the needs and
demands of the 'son-the-go" participants.
4.4 Holistic Health and Wellness
i) Living life with vitality and health is an ongoing and sometimes challenging
endeavour. Every day we make choices that affect our health and well-being.
ii) Rather than focusing on one aspect of health, Wellness Consulting assists
clients in-analyzing current lifestyle choices and creating related goals for
three areas of health — nutrition, physical activity and holistic wellness.
Looking at these three components will bring awareness to areas of strength
and areas of concern.
iii) Wellness Consulting, new to our list of provided services, is for clients looking
to examine their current level of overall health and are interested in making
gradual changes on a path to optimum wellness. This new service appeals to
a broader spectrum of clientele than traditional Personal Training.
iv) This service is unique to Durham Region. While other neighbouring
municipalities may have nutritionists on staff, Clarington provides a dynamic
and more-encompassing look at health and well-being, appealing to a
broader clientele.
V) In addition, we have added Tai Chi, Yoga/Tai Chi Combo and Pilates to our
Group Fitness Schedule and Yoga continues to experience high participation.
4.5 Fitness Portfolio Statistics
i) We are pleased to offer several fitness membership types (including Adult,
Youth, Senior, Corporate, and Student) for various terms (1 month, 3 months,
or Annual). We also introduced a new 4-Month Summer Membership in 2006
which 55 customers took advantage of. Overall, fitness memberships at the
Courtice Fitness Training Facility increased from 1,846 in 2005 to 1,964 in
2006. This represents an increase of 6% (see Attachment#2).
ii) The number of registered participants in Aerobic programs increased from
436 in 2005 to 756 in 2006, an increase of 42% (see Attachment #2).
iii) We also offer a variety of fitness services to fitness members and the public,
including Fitness Assessments, Fitness Programs, Personal Training, Group
Personal Training and Fitness Day Passes (see Attachment#2). We
experienced a 38% increase in 2006 over the previous year when purchases
rose from 737 in 2005 to 1,198 in 2006.
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REPORT NO.: CSD-004-07 PAGE 7
5.0 RECREATION PROGRAMS
5.1 March Break
i) Last year's March Break Extravaganza included Day Camps at Rickard
Recreation Complex and Courtice Community Complex for 4 -12 year
olds; a Trip Camp for 8 -14 year olds which picked up participants at both
locations and for the second consecutive year, we offered a Sports Camp
for 8-14 year olds at South Courtice Arena.
ii) Each day participants took part in a variety of activities including arts and
crafts, sports, special events and theme-planned trips, as well as,
swimming and skating. Highlights from March Break 2006 included Trip
Camp tubing at Lakeridge Ski Resort, a dry-land swim meet at Sports
Camp and a giant pyjama party at Day Camps. The feedback from
parents and participants confirmed the programs were well received and
full of activities enjoyed. by everyone.
5.2 Summer Camps
i) For a number of years, the Community Services Department has offered
Summer Camp programs, serving a wide range of children and youth from
4-16 years of age. There are a variety of camp opportunities including
Leadership Camp, Drama Camp, Trip Camp, Sports Camp, Day Camps,
Mobile Playground and Skateboard Camp. Over 1,400 participants took
advantage of our registered camp programs this past summer (see
Attachment #3).
ii) We employed 37 students as camp supervisors and counsellors during
the summer. They brought a wide range of knowledge, experience,
leadership and enthusiasm to the team. Staff received 35 hours of pre-.
camp training in areas such as leadership development, team building,
child abuse recognition, customer service, program planning, behaviour
management, conflict resolution and administrative responsibilities. We
require all staff to be First Aid and CPR certified and a current Criminal
Reference check must be supplied.
iii) In order to accommodate working parents, our extended hours service
was provided again this year. Early drop off started at 7:30 a.m. and pick
up ran as late as 5:30 p.m. This service was available at all our registered
camp locations. There were 333 campers who took advantage of this
throughout the summer.
iv) Summer camp participants were offered several trips that were tied into
the program's theme of the week. A conscious effort was made to focus
on trips to local attractions, minimizing travel time. Trips included
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REPORT NO.: CSD-004-07 PAGE 8
Clarington Cineplex Odeon, Cedar Park, Bowmanville Zoo and Quarry
Lakes Golf. We continued our excellent partnership with Ontario Power
Generation who hosted our campers at their Information Centre. This was
also enhanced by our continuing partnership with Friends of the Second
Marsh where campers experienced a full, exciting day of conservation and
environmental awareness through wilderness walks and presentations in
the theatre.
v) Leadership Development Camp was held at South Courtice Arena and
once again was a huge success. Participants were introduced to a wide
range of topics such as goal setting, motivation, team building, conflict
resolution, leadership, enhancing development of communication skills
and self-esteem. Upon successful completion of this camp, participants
received a Certificate of Completion and Certification in First Aid and CPR.
Participants were then encouraged to test their new skills by volunteering
in Day Camp programs.
vi) Once again we partnered with YMCA Early Years staff to continue
delivering a comprehensive Mobile Playground program to the community
each week during the summer months. YMCA Early Years and
Community Services each committed one van and two staff. The drop-in
style program offers a less structured option to our Day Camps for
participants and caregivers. The two "Funmobiles° visited a different
location each day offering games, activities and crafts appropriate to the
participants. No pre-registration was required and often
parents/caregivers would come to the park and socialize as their children
participated. The Mobile Playground rotated through eleven different
parks weekly, including Tyrone Park, Orono Park, Guildwood Park,
Walbridge Park, West Side Park, Penfound Park, Kendal Park, Ina Brown
Park, Avondale Park, Elliot Park and Haydon Hall. Program numbers
were outstanding and extremely well received at all locations with over
4,100 people visiting throughout the summer (see Attachment#4).
vii) Camp numbers increase as our population grows and we strive to
accommodate as many individuals in the Municipality as possible. The
Department continues to revise and improve camp programs each year,
achieving the underlying goal of providing quality programs at a
reasonable fee.
5.3 Summer Job Subsidy Program
i) The Summer Jobs Service is a student job subsidy program created by
the Province of Ontario and is facilitated in the Durham Region through
the John Howard Society. This is the fifth year that the Community
Services Department has facilitated the program on behalf of the
Municipality. The program provides a $2.00 per hour wage subsidy to
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REPORT NO.: CSD-004-07 PAGE 9
employers who employ summer students. Jobs, subsidized by the
program, are posted in the Summer Job Service job bank for students to
access. Free training is offered to students in areas such as job search
and self-marketing skills. Designed to help youth prepare for employment,
students can gain employment experience and stay in school. The
Summer Jobs Service program targets students aged 15-24 years (up to
29 for a person with a disability) who are currently attending school and
plan to return in the fall. It should be noted that eligibility does not
guarantee the employer will receive $2.00 per hour per student as the total
funds are distributed by formula to the participating employers.
ii) Each spring, the Community Services Department submits an application
to the Summer Jobs Service program on behalf of the Municipality. There
were over 100 requests for student positions put forward; we received
approval for 56 students into the program. Student's hours were then
tracked and invoices forwarded to the Summer Jobs Service program
throughout the summer season.
iii) The Municipality received a subsidy of$36,442.00 (see Attachment#5).
Departments do not budget for this revenue as the program is not
guaranteed from year to year. Funds are recognized in a miscellaneous
revenue account specific to each department.
iv) Employer packages for the 2007 Summer Jobs Service Program have
already been issued and the Community Services Department will be
submitting applications on behalf of the Municipality again this spring.
5.4 Recreation Portfolio Statistics
i) Program participant figures for 2006
• 804 children 6-16 years of age attended the After School drop-in
program at South Courtice Arena.
• In 2005, 1,216 children ages 8-14 attended drop-in basketball
programs in Courtice and Newcastle while 1,243 attending in 2006,
representing a 2% increase.
• Our birthday party program continues to be popular with both parents
and children. In 2006 we hosted 49 birthday parties on weekends from
January-May and October-December.
Monthly pre-teen dances at Courtice Community Complex were a huge
success. In 2006, 2,649 attended versus 2,122 the previous year,
representing 20% increase.
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REPORT NO.: CSD-004-07 PAGE 10
Pre-Teen Dances
2005 2006
January 219 287
February 237 287
March 139 267
April 168 208
May 189 244
June 243 244
September 234 262
October 272 298
November 210 267
December 211 285
Total 2,122 2,649
• The number of people attending our public skate programs In 2006
increased 9% over 2005, with participant numbers of 14,876 and 13,520
respectively.
2005 2006
Arena Participants Participants
Darlington Sports Centre 1,059 1,447
Garnet B. Rickard
Recreation Complex 3,956 5,210
South Courtice Arena 1 8,505 8,219
Total 13,520 14,876
6.0 COMMUNITY SERVICE
6.1 The Community Service Portfolio was established to provide support, guidance,
facilitation and training, as required, to assist community groups in the provision
of recreation and leisure services. Clarington is experiencing a period of rapid
growth in population and diversity. As more young families move into new
developments, there is increased demand for recreation and leisure
opportunities. Some of the demand will be met through enhanced programs and
services offered through the Community Services Department, however there will
also be an increased demand for sports leagues, arts and cultural groups and
community associations. There will be a need to assist, facilitate, nurture and
provide support and guidance to these new groups so that they can develop into
efficient, productive community partners. A good example of this is the role the
Department played in the development of the Clarington Minor Lacrosse
Association and the ongoing role as staff liaison with the Clarington Older Adults
Association.
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6.2 Clarington Presents Brian McFarlane's Total Hockey
i) 2006 was a busy year for Total Hockey. The logo and branding strategy
was approved by Council in February, followed by the Official Ground
Breaking Ceremony in March. Marketing materials and the official web site
were developed, produced and distributed. Curriculum guidelines linking
the displays at Total Hockey to school curriculum for Grades 4 through 8
were completed. Inventory for the gift shop was investigated, sourced and
purchased. Sponsorships were pursued, promotional events organized
and volunteers recruited. All of this culminated in the Official Opening on
October 291h
ii) The Mayor's Total Hockey Golf Classic took place on August 22 at
Bowmanville Golf& Country Club. Among Bowmanville's 'captains of
industry' were several hockey personalities: Brian McFarlane, Johnny
Bower, Red Kelly, Bob McGill and local boy making good, Bryan Bickeil.
The event was an outstanding launch to Total Hockey, with great golf,
entertaining contests and a post-golf dinner, complete with a prize table
that was second to none. A sold out crowd of 120 golfers attempted to
win a new Harley Davidson motorcycle by achieving a hole in one,
however, the motorcycle is safe for another year.
iii) Promotional packages were sent to elementary schools in the Kawartha
Pine Ridge District School Board, Peterborough Victoria Northumberland
and Clarington School Boards and the two Durham Boards of Education.
Personal follow up was then initiated with each school, resulting in staff
from Total Hockey being invited to school events and some school tours.
Staff will continue to pursue the schools as a prime target in our marketing
strategy.
IV) ReMax Spirit was recruited as a major sponsor. ReMax Spirit agreed to
sponsor the Community Partners Puck Wall for a five year term. Members
of the community are able to become permanent partners in Total Hockey
and leave a lasting legacy in the facility by purchasing a specially
designed puck, signing it and having it permanently displayed on the wall.
v) The official opening of Total Hockey took place on October 29.
Prime Minister Stephen Harper, MP Bev Oda, MPP John O'Toole, NHL
greats Bob Baun, Johnny Bower, Red Kelly, Frank Mahoviich and
Mike Palmateer were joined by approximately three thousand fans in an
extraordinary opening to Clarington's newest attraction. In an on-ice
ceremony, PM Harper spoke glowingly about the community and the
facility; Michael Burgess sang the national anthem and a contest between
NHL Alumni and Bowmanville Eagles Alumni took place. NHL trophies,
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REPORT NO.: CSD-004-07 PAGE 12
autograph sessions and games were also featured throughout the day
indelibly etched into the memories of Clarington's hockey fans.
vi) Between Christmas and New Year's, Total Hockey held its first annual
skills competition. Shoot, Score & Totally Win invited guests of all ages to
post their best scores on the attraction's slapshot, puck handling and
goaltending interactive games. Male and female winners in each of five
age categories won Total Hockey clothing, Oshawa Generals tickets and
their name engraved on a plaque to hang permanently in Total Hockey.
One of the winners responded with this note: "I have to tell you that I saw
the opening on the CBC National. Loved the place. A nice size -- not too
big so that you have a chance to absorb it all. And the details.....skate
marks on the floor....clever and cool. Very well done. Congratulations."
6.3 Clarington's Sports Hall of Fame
i) 2006 marked the fourth year of the Clarington Sports Hall of Fame during
which time it has become a significant event in the local sporting
community. The event has grown from a stand alone induction ceremony
on a Saturday night to a Hall of Fame weekend with Bowmanville Eagles
Hall of Fame hockey games on the Friday and Sunday evenings. This
year, five new worthy recipients,including two teams, were honoured at
the Hail of Fame Induction Ceremony, as Master of Ceremonies,
Brian McFarlane and Guest Speaker, Dick Irvin shared their humorous
and enlightening memories of the early days of Hockey Night in Canada.
ii) The Hall of Fame Alumni Night was instituted in 2005 as an opportunity for
previous inductees to gather annually and relive the athletic glories of their
past. In many cases it is the only scheduled opportunity for team alumni
to get together with team mates and celebrate friendships and memories.
Alumni were invited to mix and mingle at a reception prior to the Eagles
hockey game and acknowledged at the game. The Alumni Night has
become a popular feature of the Hall of Fame weekend.
6.4 Community Services Department Strategic Plan
i) Monteith Brown Planning Consultants was awarded the contract in the
spring of 2006 to prepare the Community Service Department Strategic
Plan under the direction of a staff team and according to the defined
Terms of Reference. The Strategic Plan will guide the provision and
delivery of recreation and leisure services in a fiscally responsible manner
over the next 5-10 years, and as such required extensive review of
background material, inventory of current facilities, programs and services,
demographic profiles, industry trends and community input through
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REPORT NO.: CSD-004-07 PAGE 13
stakeholder group surveys and household surveys. The consultants are in
the midst of reviewing extensive data and compiling the final document.
6.5 Community Development
i) Volunteers are the lifeblood of our community. They are the difference
between a town and a community. Through their involvement they take
ownership of their community and the outcome is:
enhanced quality of life
• enhanced civic pride
• cost savings to the municipality as volunteers assist with service
delivery
ii) This is especially true in the leisure services area as hundreds of
volunteers are involved as executives, coaches, officials of sport
associations and community groups. For many volunteers, their
involvement is their form of recreation. As a department, we need to
provide subtle guidance and support so that their needs, the community's
needs and the municipality's needs are all addressed.
iii) Community Service staff were key in bringing together the Darlington
Soccer Association, the Lions Club of Newcastle, the Newcastle BiA and
municipal resources, to deliver a successful soccer event to mark the 150
anniversary of Newcastle. Canada Day saw over 500 young soccer
players enjoy a great day of fun and friendly competition in the Newcastle
Sesquicentennial Mini Soccer Tournament.
iv) Staff have also been working with the Wilmot Creek Homeowners
Association to review and refine programming and scheduling of
recreational activities within their community. The Homeowners Activity
Group was finding it increasingly difficult to meet the diverse recreational
demands of their community with the resources they had at their disposal.
Staff developed a survey to identify present programs, registrations and
future needs. They then worked with the Wilmot Creek Activity Group to
develop a more efficient facilities schedule and a means to monitor use to
ensure it met the needs of most residents. Staff will continue to work with
this group to introduce and implement new program to residents.
7.0 FACILITIES DIVISION
7.1 BACKGROUND
The Facilities Division is responsible for the operations and maintenance of
recreation facilities managed by the Community Services Department. This
includes permitting of arenas, swimming pools, indoor soccer and multi-purpose
rooms. The Division is also responsible for concessions, pro shops and vending
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REPORT NO.: CSD-004-07 PAGE 14
operations in our facilities. This section is intended to provide Council with an
update on the activities and highlights of the Facilities Division for 2006.
7.2 Supporting the Facilities Manager, the Division is staffed by three Facilities
Supervisors and one Food Services Co-ordinator. The supervisors each manage
two indoor recreation facilities, while the co-ordinator is responsible for
concession and vending functions in all facilities. Along with the other full time
staff, the Division requires approximately 85 part time staff to help operate the
facilities.
8.0 FACILITIES PERMITTING
8.1 Our facilities booking office, located at South Courtice Arena, issues the annual
facility rental contracts. The majority of facility usage is permitted to Clarington
based minor sport users. Staff has developed a close working relationship with
the minor sport groups and remain in close contact throughout their respective
seasons.
8.2 In 2006, over 12,000 hours of ice was permitted in our arenas, in addition to
1,800 hours of indoor field use at the Indoor Soccer Facility. In our swimming
pools a lesser amount of time is allocated to user groups for permitting, with the
majority of pool time used for departmental swimming lessons (1,995 hours) and
public programs. Last year, over 1,300 private hours were permitted, primarily
with the Clarington Swim Club and our local school boards. For a detailed
breakdown of facility usage by type refer to Attachment#6 (arenas), Attachment
#7 (pools) and Attachment #8 (indoor soccer/lacrosse).
8.3 In addition to private and community group rentals, the Department provides a
variety of public programs to residents. While traditional programs such as public
skating and swimming remain popular, newer, unstructured opportunities such as
shinny hockey, parent and tot skating, shinny/skate 55 and adult lane swims
have seen growth over the years. Currently, the Division provides approximately
1,750 hours of ice time and 3,900 hours of pool time annually for these initiatives.
9.0 PUBLIC ACCESS DEFIBRILLATOR PROGRAM
9.1 In December 2005, with the installation of a defibrillator unit at Courtice
Community Complex, the Division began a program to install units at all
municipal recreation facilities. To date, we have installations at Courtice
Community Complex, Garnet B. Rickard Recreation Complex, South Courtice
Arena and Bowmanville Indoor Soccer. A unit is on order for Clarington Fitness
Centre and another is included in the 2007 capital budget submission for
Darlington Sports Centre.
1014
REPORT NO.: CSD-004-07 PAGE 15
9.2 Funding for three of the units was as the result of generous donations from the
Clarington Minor Hockey Association, Clarington Recreational Hockey League
and Mrs. Barbara Standley, a private citizen who donated the unit at Bowmanville
Indoor Soccer.
9.3 The Division also coordinated the installation and training for un its at the
Newcastle Memorial and Orono Arenas this past year. A unit for Newcastle
Town Hall has been purchased and installation is scheduled in March. All three
defibrillators were made possible through donations from local business and
community groups.
10.0 CREATING HEALTHY ENVIRONMENTS FOR YOUTH
10.1 In September 2006, Garnet B. Rickard Recreation Complex was the location for
the launch of a pilot project to provide healthy food choices in arenas in Durham
Region. The program was developed with Durham Region municipalities in
conjunction with Durham Region Public Health and other local agencies.
The project will run to the end of the 2006/07 ice season when sales data will be
analyzed to support the theory that providing healthier choices to youth in our
arenas will not negatively affect concession sales.
10.2 For her involvement in this initiative, Evelyn Mayhew, Food Services Co-ordinator
was recognized as a "Friend of Health" by Dr. Robert Kyle, Durham Region
Medical Officer of Health.
11.0 ANNUAL CAPITAL PROJECT PROGRAM
11.1 The Facilities Division is not only responsible for the day-to-day operation of the
Municipality's recreation facilities, it also administers the Division's capital
maintenance program. Significant in scope, this program ensures our facilities
are structurally sound and physical plants are maintained to industry standards.
11.2 Every five years, each facility undergoes a building audit, conducted by
consulting engineers. This document provides information related to the
structure and physical plant that enables staff to maintain our assets pro-actively,
forming the basis for the current year's capital budget and three year forecast,
which is approved each year through the budget process.
11.3 Various facility upgrades such as security systems, filtration system overhauls,
roof replacements, painting and office renovations to name a few, have all been
completed through the course of 2006.
1015 .
REPORT NO.: CSD-004-07 PAGE 16
12.0 RECREATION FACILITY CONSTRUCTION
12.1 Over the past several years, the Department has been extremely busy
administering the design and construction of our new recreation facilities. In
2006, the Facility Division served as project managers of the Total Hockey facility
at the Garnet B. Rickard Recreation Complex in addition to the design and
cul-rent construction of the Newcastle Recreation Facility.
12.2 Staff continue to work closely with our architects and contractor as our newest
aquatic facility progresses through its construction phase up to the opening,
scheduled for 2008.
13.0 COMMENTS
13.1 In 2006, the Community Services Department experienced unprecedented
growth and development as it tackled emerging trends and issues such as pool
safety, through admission standard; childhood obesity; health and wellness and
leadership development of the community's youth. Our recreational facilities
continue to provide safe and enjoyable focal points for community activities
throughout our municipality. Successful collaborations such as the opening of
Total Hockey, the Mayor's Golf Challenge and Clarington's annual Sports Hall of
Fame weekend rounded out another successful year.
13.2 Through the dedication of our full time and part time staff and the many
community volunteers who assist them, the residents of Clarington can proudly
participate in a variety of recreation experiences. In 2007, the completion of the
Department's Strategic Plan will further identify areas of potential development
and growth, assisting staff in ensuring quality recreational opportunities for a
growing and diverse population.
Attachments:
Attachment #1 - Admission Standards for Public Pools Flyer
Attachment #2 - Statistics for Fitness Membership, Aerobic Programs, Fitness Services
Attachment #3 - Summer Camp Participant Numbers
Attachment #4 - Mobile Playground Participant Numbers
Attachment#5 - Summer Job Subsidy Funding Summary
Attachment#6 -Arena Facility Rentals
Attachment#7 - Pool Facility Rentals
Attachment#8 - Indoor Soccer/Outdoor Lacrosse Rentals
1016
C50-004-01 - ATTACHMENT #1
Ic
acilities
BEGINNING APRIL12006 +hanges The Municipality of Clarington will implement a number of
to its admission criteria for Aquatic Facilities (to be
known as Pool Admission Policy). These changes are a result of a
PARENTS Coroner's Inquest, and have been recommended by the Lifesaving
Society of Canada and the Ministry of Health and Long Term Care, to
To assist with this new enhance the safety of young children in aquatic environments for the
criteria,Swim Testing Province of Ontario.
dates for children aged 8
' ' will be hold at both Chinges'm JnWutle the t6116WInh o r
the Clarin
gton Fitness F - SWIM,-
Centre and the Courtice
Community Complex, at no Children under the age of 8 years must be accompa
charge. - bring nied by a participating parent or guardian 14 years of age or
identification for , , older, who is responsible for their direct supervision. Direct
verify to supervision is defined as"within arms reach."Maximum ratio of
children to guardians is 3:1.
CLARINGTON Children aged 8 and 9 year who cannot pass the facility swim test must
FITNESS CENTRE be accompanied by a participating parent or guardian 14 years of age or
Tuesday, March 21 and 28 older, who is responsible for their direct supervision. Maximum ratio of
6:00-8:00 children to guardians is 4:1.
Thursday,March 23 and 1 Guardians or group leaders are responsible for the children in their care
6:00-8:00 PM while in the facility and must directly supervise the children at all times.
Sunday, March 19 and 26 Direct supervision for this purpose means "in the water." „
3:30-S:00 - -
FACILIiY SWiM TESTk
COURTICE • Submerge entire head under water in any
COMMUNITY 1 comfortable way, including Face, ears,and
Monday, March 20 and 27 back of head.
5:00-7:00 • In a relaxed manner, swim continuously two(2).widths of the pool
Wednesday, on front using any form of propulsion(arms/legs or combination).
5:00-7:00 • Maintain near horizontal body position.
Sunday,March 19 and 26 • Swim in one direction,turn and then swim in the opposite
3:30-5:00 direction.
Saturday, ;,;t •Children aged 8 and 9, upon successful completion of the facility swim test, will
receive a facility identification card. Upon presenting this card at the reception desk
March 25 �,, prior to a public swim,children will receive a wrist band which Identifies them as being
1 1 , able to swim without parental supervision.
11
Energizing Ontario
For more information on new Admission Requirements,
please contact the Clarington Fitness Centre at 905-623-3392 or
the Courtice Community Complex at 905-404-1525
1017
CSD-004-07 - Attachment#2
Fitness Memberships Sold Comparison
(2004-2006)
2500 1t
2000
1500
1000
500
0
Fitness Fitness Fitness
Memberships Memberships Memberships
Sold 2004 Sold 2005 Sold 2006
Aerobic Registrants Comparison
2004-2006
600 756
700
600
500
400
300
200
100
0
Aerobic Aerobic Aerobic
Registrants 2004 Registrants 2005 Registrants 2006
Fitness Services Sold (2006)
800 745
600
400
200
0
Fitness Fitness Programs Personal Training Group Personal Aerobic Drop-Ins Fitness Day Passes
Assessments Packages Training Packages
1018
CSD-004-07-Attachment#3 0
SUMMER CAMP PARTICIPANT NUMBERS 2006 VS. 2005
✓48�' 11 .
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11 .
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CSD-004-07 Attachment#4
Mobile Playground Summer 2006
MOBILE Funmobile I
Location Week I Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Location
ITotals
Tyrone Park 2 0-rain 5 22 17 15 10 2 73
Orono 12 85 64 154 6 53 55 103 532
Park
Walbridge 45 0-rain 45 145 20 100 78 86 519
Park
Newcastle
West Side 80 85 80 295 25 138 105 59 867
Park
Bowmanville
Penfound 50 58 55 33 50 78 83 10 417
Park
Total 189 1 228 249 1 649 118 1 384 331 260 2408
MOBILE Funmobile 2
Location Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Location
ITotals
Kendal Park 18 31 23 20 31 21 25 16 185
Guildwood 60 100 55 45 72 95 107 65 599
Park
Bowmanville
Avondale 130 0-rain 130 70 72 90 120 95 707
Park Courtice
Ina Brown 15 23 25 11 32 22 20 14 162
Park
Newtonville
Haydon Hall 8 8 0 0 5 7 5 9 42
9-12
Elliot Park 8 4 6 5 12 8 4 15 62
Hampton
1-4
Totals 239 166 239 151 224 243 281 214 1757
1020
CSD-004-07 Attachment #5
2006 Summer Job Services
Funding Summary
Job Title No. of No. of Hrs. per Total JHS
positions weeks week hours Contribution
Student Planner 1 12 30 360 $720
Summer Student Clerk— 1 12 30 360 $720
Operations
Municipal Law 2 12 30 720 $1440
Enforcement Officer
Camp Counselors 13 9 30 3510 $7020
Camp Supervisors 5 12 30 1800 $3600
Recreation Programmer 1 12 30 360 $720
Camp Lead 1 8 30 240 $480
Aquatics staff 20 12 30 7200 $13,630
Skateboard Supervisor 1 12 30 360 $720
Mobile Skateboard staff 2 12 24 576 $1152
Network Support 1 12 30 360 $720
Technician
Student Clerical Support 1 8 30 240 $480
Engineering
Outside Student 7 12 30 2520 $5040
Labourers
Total 56 18606 $36442
hrs.
Total Funding by Department
Planning Department $720
Community Services Department $27,322.00
Corporate Services Department $720
Operations Department $5,760
Clerk's Department $1,440
Engineering Department $480
Total Grant Funding $36,442.00
1021
CSD-004-07 Attachment#6
Arena Facilities Rentals
7000
6000
5000
4000
Hours
3000
2000
1000
Minor Minor Lacrosse
Figure Speed Adult School Hockey Hockey Other (Dry
Skating Skating Hockey Boards
(Boys) (Girls) Pad)
■2005 6595 1236 1970 276 1923 81 243 899
D 2006 6208 1439 1890 315 1679 174 293 1051
1022
CSD-004-07 Attachment#7
Pool Facilities Rentals
900
800
700
600
500
Hours
400
300
200 -
100
0
Swim Club School Other rentals
Boards
0 2005 766 394 135
0 2006 810 377 130
1023
CSD-004-07 Attachment#8
Indoor Soccer/Outdoor Lacrosse
Rentals
1400
1200
1000
800
Hours
600
400
200
0
Youth Adult Other Youth
Soccer soccer Lacrosse
■ 2005 1238 302 41 143
2006 1287 432 17 190
1024
Clarington REPORT
Leading the Way
COMMUNITY SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 26, 2007 Resolution #:
Report#: CSD-005-07 File #: By-law #:
Subject: EMERGENCY EVACUATION CENTRE REQUESTS
Marnwood Lifecare Long Term Care and Retirement Home and
Kingsway Arms Management (Clarington) Inc.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-005-07 be received;
2. THAT Marnwood Lifecare Long Term Care and Retirement Home be authorized
to utilize the Garnet B. Rickard Recreation Complex as an Emergency
Evacuation Facility for "localized emergencies", subject to the conditions on
which this approval was given, as outlined in the body of this report;
3. THAT Kingsway Arms Management (Clarington) Inc. be authorized to utilize the
Garnet B. Rickard Recreation Complex as an Emergency Evacuation Facility for
"localized emergencies", subject to the conditions on which this approval was
given, as outlined in the body of this report; and
4. THAT M wood Lifecare Long Term Care and Retirement Home and Kingsway
Arms na ement (Clarington) Inc. be advised of action taken.
Submitted Reviewed b
4s 4) . Caruana Franklin Wu
irector of Community Services Chief Administrative Officer
GAfjm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-5506
1025
REPORT NO.: CSD-005-07 PAGE 2
1.0 BACKGROUND
1.1 Staff received independent requests from Tracey Werheid, Administrator at
Marnwood Lifecare Long Term Care and Retirement Home (Attachment#1) and
Tammy Dunlop, Director of Care at Kingsway Arms Management (Clarington)
Inc. (Attachment #2), for permission to use Garnet B. Rickard Recreation
Complex's multi-purpose room to temporarily evacuate residents of their
respective facilities, in the event of a localized emergency. Please note, the
letter from Marnwood Lifecare references an emergency shelter agreement, .
which is not required as written confirmation of Council's decision will suffice.
1.2 Previously, Council approved the following to use our facilities as emergency/
temporary evacuation centres:
• Dr. Ross Tilley— YMCA Child Care, Garnet B. Rickard Recreation Complex
• Mother Teresa Elementary School, South Courtice Arena
• Little Tots Daycare Centre, Courtice Community Complex
These requests were granted with the understanding the facilities would be used
to relocate children so staff could arrange pick up from the facility on the day of
evacuation. The approval did not include longer term relocation of the programs
or participants.
1.3 Approvals were granted under the provisions that the evacuation request would
be superseded by any Municipal, Regional or Provincial Emergency Plan, without
notice.
2.0 PROGRAM
2.1 The Marnwood Lifecare and Kingsway Arms requests differ from previous
approvals as it involves the relocation of individuals who permanently reside at
their facilities. In the event of an evacuation, the necessary staff would
accompany the residents.
2.2 The Garnet B. Rickard Recreation Complex is suitable only for short term
evacuation purposes. Residents would be temporarily accommodated, while
their administrative staff makes more suitable arrangements, should long term
relocation be necessary. The reasons for evacuation could include fire, natural
gas leak, heating system failure, etc.
1026
REPORT NO.: CSD-005-07 PAGE 3
2.3 Both Marnwood Lifecare and Kingsway Arms are aware that approval of their
requests will be superseded by any Municipal, Regional or Provincial Emergency
Measures Plan, without notice. They are also aware any emergency short term
relocation is subject to the availability of the multi-purpose room and that any
contractual commitments the Municipality has for facility rentals will be honoured.
2.4 Based on the exceptions as noted above, staff supports both requests and is
recommending Council approval.
Attachments:
Attachment#1 — Marnwood Lifecare Long Term Care and Retirement Home request
Attachment #2 —Kingsway Arms Management (Clarington) Inc. request
Interested party to be advised of Council's decision:
Tracey Werheid, Administrator
Marnwood Lifecare Long Term Care and Retirement Home
Tammy Dunlop, Director of Care
Kingsway Arms Management (Clarington) Inc.
1027
CSI)-005-07 - Attachment #1
-Ong Term Care & Ret einent Home
January 26, 2007 RE C H E pp ¢
i
Mr. Gord Weir ;, 1 7 r ,
Community Emergency Management CoordinatorMEGiPltl ' PE *It<ICE
Gamet B. Rickard Recreation Complex
2440 Hwy#2
Bowmanville, ON
L1C 1K3
Dear Gerd Weir,
I am writing to ask for your assistance on a very important matter to all of us at
Mamwood Lifecare Centre.
I am requestingif your organization would be willing to act as a temporary holding
center in the event of an emergency. It is my desire to implement a formal Emergency
Shelter Agreement between our organizations. As you may appreciate such an agreement
is critical in the event that Mamwood's 60 Long Term Care residents and 26 Retirement
Home residents would require such a service.
I have provided 2 copies of this agreement. If you have any questions please call me at
905-623-5731 ext. 16.
If your organization agrees to act as a temporary holding center please sign and return 1
copy of the agreement in the self addressed stamped envelope.
I thank you for you assistance with this matter.
Respectfully,
Tracey Werheid
Administrator
Elgin Street Tel: 905-623-5731
wmanville, ON L1C 3C8 Fax: 905-623-4497 vii basis r ��jTIJ��p/RC'
vw.ourhomeyourhome.eycan.com --
Email: evi_marnwood_lc@extendicare.com
I
C5D-005-07 - Attachment #2
KINGSWAY ARMS MANAGEMENT.(CLARINGTON)INC.
65 CLARINGTON BLVD
BOWMANVILLE, ONTARIO
L1C OA1
905-697-9992 PHONE
905697-2918 FAX
February 13,2007
ATTENTION:
MR. GEORGE ACORN,FACILITIES MANAGER
MUNICIPALITY OF CLARINGTON TOWN HALL
FAX#905-623-5506
RE: SUPPORT HOME SYSTEM FOR TOTAL EVACUATION
Last April 2006,I,Tammy Dunlop,Director of Care at Kingsway Arms Management
(Clarington) Inc. spoke to Ken Ferguson at Garnet B Richard Recreation Complex. I am
requesting a written authorization to have Garnet B Rickard Recreation Complex as our
"support home'in the event of an emergency where the residents need to be evacuated.
In the event that Garnet B Rickard Recreation Complex cannot be used, we have alternate
support homes in the local area. Strathaven Lifecare Centre and Mamwood Lifecarc
Centre are our support homes as well. The"support home'personnel would be notified
of the emergency evacuation and Red Cross Society utilized for emergency supplies and
transportation. Kingsway Arms at Clarington would send the evacuees and staff to the
"support home". If you have any questions or need more details of our Disaster Manual,
please call Tammy Dunlop,Director of Care at 905-697-9992 x 1107.
Sincerely,
Tammy Dunlop
Director of Care
1029
CI dlll�;`t011 REPORT
g e Way
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 26, 2007 G P/_J - Vii✓6- C )
Report#: CLD-007-07 File #: By-law #: 1 cxC 07�
Subject: PROPERTY STANDARDS BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-007-07 be received;
2. THAT the By-law attached to Report CLD-007-07 be forwarded to Council for approval.
Submitted by Pa arri , A.M.C.T. Reviewed by: Franklin Wu,
1--WunicipaFCIerk Chief Administrative Officer
PLB*LC"
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.:CLD-007-07 PAGE 2 of 3
BACKGROUND
Clarington's current Property Standards By-law 98-123 was originally passed on July 13"'
1998. Since that time staff have noted several areas which require some minor revisions and
have undertaken a review of the by-law. This has led to some proposed modifications in terms
of standards requirements and enforcement procedures.
One of the changes has come about because of the new requirement for Municipalities to
investigate and remediate marijuana grow houses (MGH). A separate section has been added
to the by-law requiring notice to be placed on title by the Municipality in cases where staff have
been called in to investigate a former MGH. Provisions will also allow staff to more effectively
deal with concems over the presence of mould as a result of the prior existence of the Grow
Operation.
Staff have looked at the possibility of proceeding with proactive enforcement. After reviewing
the experiences of other municipalities, staff are recommending against such an approach.
The costs in staff time exceed any real benefit to be gained by operating on a proactive
program. This approach could also slow down staffs ability to respond to more immediate
issues.
The most significant change to the by-law comes in the area of enforcement. As property
standards complaints can result in significant costs to the property owner and staff have
always been aware that there have been times when people attempt to use the Enforcement
Division to harass or annoy their neighbours, sometimes in violation of court restraining orders
not to contact or interfere. It has always been the policy of the Municipal Law Enforcement
Division to refuse to accept anonymous complaints.
1102
REPORT NO.:CLD-007-07 PAGE 3 OF 3
For these reasons the by-law will now require a complainant to-come forward and provide their
information to the officer before an investigation will be initiated. As always, the Complainant's
information will remain confidential. All Property Standards Orders are issued on the basis of
the investigating officer's determination of non-compliance rather than strictly on the basis of a
complaint.
Even if charges are laid, the original complainant would not be required for court. Charges
would be based on the property owner's failure to comply with the officer's Order and does not
therefore involve the original complainant. In those matters where the officer discovers that
this is an attempt to harass the subject party or there is insufficient evidence to warrant
proceeding, the officer may close the file with no further action being taken.
The new by-law also contains a transition clause allowing Orders which are currently in
process to remain valid under By-law 98-123 until such time as the case is finally resolved.
1103
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
By-law 2007-
Being a by-law for prescribing standards for the maintenance
and occupancy of all property within the Municipality of Clarington
and repealing By-law 98-123
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
desirable to enact a by-law for prescribing standards for the maintenance and occupancy
of all property within the municipality and prohibiting the use of such property that does not
conform to these standards; and for requiring property below the standards prescribed
herein to be repaired and maintained and all contravening material to be removed from the
property including but not limited to all buildings and structures, rubbish, debris and the
lands left in a graded and level condition, so as to comply with said standards;
AND WHEREAS the Municipality of Clarington has in effect an "Official Plan"that includes
provisions relating to property standards as provided in the Building Code Act, SO. 1992,
c.23;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts
the following:
PART
DEFINITIONS
In this by-law:
1.01 "Accessory Building" means a detached building or structure, not used for
human habitation that is subordinate to the lawful primary use of the main building
or structure on the said property.
1.02 "Actively"when used in relation to restoration or repair shall mean a continuous
series of repairs or improvements occurring over a 12 month period;
1.03 "Antique motor vehicle"means a motor vehicle that is 30 years of age or older,
is owned as a collector's item, registered with a bonafide organization and is
operated solely for use in exhibitions,club activities, parades and other similar
functions and is not used for general transportation;
1.04 "Apartment Building" meansa building containing more than four dwelling units
with individual access from an internal corridor system.
t 1104
1.05 "Approved," means acceptance by the Property Standards Officer.
1.06 "Balustrade," means a railing supported by a series of short posts forming an
ornamental parapet to a balcony or terrace.
1.07 'Basement" means that space of a building that is partly below grade, which has
half or more of its height, measured from floor to ceiling, above the average
exterior finished grade.
1.08 'Building"means a building as defined in the Building Code Act S.0. 9992 or a
structure,whether temporary or permanent, used for or intended for supporting or
sheltering any use or occupancy and shall include a tent or carport.
1.09 "Cellar" means that space of a building that is partly or entirely below grade,
which has more than half of its height, measured from floor to ceiling, below the
average exterior finished grade.
1.10 "Committee" means the Property Standards Committee.
1.11 Derelict' shall mean any vehicle, machinery, trailer, boat or vessel
(1) which has broken or missing parts of such sufficiency so as to render it
incapable of being licenced to operate(where such licencing is necessary)
in its current condition but shall not include a motor vehicle actively being
repaired or restored by the owner; or
(2) which is in a wrecked, dismantled, discarded, inoperative or abandoned
condition.
1.12 "Derelict motor vehicle" means a motor vehicle as defined in the Highway Traffic
Act that is;
(1) inoperative by reason of removed wheels, battery, motor, transmission or
other parts or equipment necessary for its operation,
(2) not in roadworthy condition;
(3) in a state of disrepair or unsightly by reason of missing doors, glass or body
parts, or
(4) inoperable and appears incapable of use as a means of lawful
transportation or has an industry standard book value as a means of
transportation that is less than the cost of repairs required to put it into a
lawful operable condition unless otherwise demonstrated by an authorized
licenced mechanic;
-2- 1105
but does not include an antique or historic motor vehicle which is actively being
restored as a collector's or historic vehicle;
1.13 "Designated Heritage Building" shall mean a building or part of a building which
has been designated as a property of significant cultural heritage value by
municipal by-law pursuant to the Ontario Heritage Act R.S.O. 1990, c. 0.18 as
amended or a building or part of a building situated within a Heritage Conservation
District as established pursuant to the Ontario Heritage Act R.S.O. 1990, c. 0.18.
1.14 "Dwelling" means a building or structure or part of a building or structure,
occupied or capable of being occupied, in whole or in part,for the purpose of
human habitation.
1.15 "Dwelling Unit"means a room or a suite of rooms operated as a housekeeping
unit, used or intended to be used'as a domicile by one or more persons and
supporting general living conditions usually including cooking, eating, sleeping,
and sanitary facilities.
1.16 "First Storey" means that part of a building having a floor area closest to grade
with a ceiling height of more than 1.8 metres(6 feet)above grade.
1.17 "Guard" means a protective barrier installed around openings in floor areas or on
the open sides of a stairway, landing, balcony,mezzanine, gallery, raised
walkway, and other locations as required to prevent accidental falls from one level
to another. Such barriers may or may not have openings through it.
1.18 "Habitable Room"means any room in a dwelling unit that is designed, used or
intended to be used for living, cooking, sleeping or eating purposes.
1.19 "Historic vehicle"means, a motor vehicle that is,
(1) at least 30 years old; and
(2) substantially unchanged or unmodified from the original manufacturer's
product; and
(3) appropriately insured for storage or use on the highway. Proof of such
insurance shall be made available to the officer upon request.
1.20 "Means of Egress"means a continuous, unobstructed path of travel provided by
a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp, or
other exit facility used for the escape of persons from any point within a building, a
-3 - 1106
floor area, a room, or a contained open space to a public thoroughfare or an
approved area of refuge usually located outside the building.
1.21 "Multiple Dwelling"means a building containing three or more dwelling units.
1.22 "Municipal Clerk"shall mean the Clerk of the Corporation of the Municipality of
Clarington.
1.23 "Non-Habitable Room" means any room in a dwelling or dwelling unit other than
a habitable room and includes a bathroom, a toilet room, laundry, pantry, lobby,
foyer, corridor,stairway, closet, boiler, furnace or electrical room, or other space
for service and maintenance of the dwelling for public use, and for access to and
vertical travel between storeys, and basement or part thereof which does not
comply with the standards of fitness for occupancy set out in this By-law.
1.24 "Non-Residential Property" means a building or structure or part of a building or
structure not occupied in whole or in part for the purpose of human habitation, and
includes the lands and premises appurtenant and all of the outbuildings,fences or
erections thereon or therein.
1.25 "Occupant'means any person or persons over the age of eighteen years in
possession of the property.
1.26 "Officer" means a Municipal Law Enforcement Officer assigned the responsibility
for enforcing and administering this By-law as a Property Standards Officer.
1.27 "Order Requiring Compliance"shall mean a Property Standards Order issued
pursuant to the provisions of Section 15.2 of the Ontario Building Code Act S.O.
1992.
1.28 "Order"shall mean either an Order Requiring Compliance or an Order issued
pursuant to section 15.8 of the Ontario Building Code Act S.0. 1992..
1.29 "Owner" means any person(s), for the time being, managing or receiving the rent
of, or paying the municipal taxes on the land or premises, in connection with which
the word is used, whether on his/her own account or as agent, trustee, or any
other person who would so receive the rent if such land and premises were let,
and shall also include a lessee, tenant or occupant of the property who under the
terms of the lease or other rental agreement is required to repair and maintain the
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property in accordance with the Standards of Maintenance and Occupancy of the
property and may include all other persons having a legal interest in the property.
1.30 "Person"means a natural person, an individual, a firm, a corporation, an
association or partnership and their heirs, executors, administrators or other legal
representative of a person to whom the context can apply according to the law.
1.31 'Property"means a building or structure or part of a building or structure and
includes the lands and premises appurtenant thereto and all mobile structures,
outbuildings, fences and erections thereon, and includes vacant property.
1.32 'Repair" includes the making of additions or alterations or the taking of such
action as in restoring, renovating, mending as may be required so that the property
shall conform to standards established in this By-law.
1.33 'Residential Property" means any property that is used or designed for use as a
domestic establishment in which one or more persons usually sleep and prepare
and serve meals, and includes any lands or buildings that are appurtenant to such
establishment and all stairways,walkways, driveways, parking spaces, and fences
associated with the dwelling or its yard.
1.34 `Roadworthy"when used in reference to a motor vehicle, means a motor vehicle
that is licensed or is eligible to be licensed by virtue of a current valid Safety
Standards Certificate having been issued for that vehicle.
1.35 "Sewage" means the liquid wastes from residential or other buildings, including
industrial establishments.
1.36 "Sewage System" means the municipal sanitary sewer system or a private
sewage disposal system approved by the Medical Officer of Health but shall not
include a system designed or intended strictly to handle ground water.
1.37 "Standards" means the standards of the physical condition and of occupancy
prescribed for property by this By-law.
1.38 `Toilet Room" means a room containing a water closet and a wash basin.
1.39 "Vehicle"includes a motor vehicle, trailer, traction engine, farm tractor, road
building machine, bicycle, boat, motorized snow vehicle, and any vehicle drawn,
5 1108
propelled or driven by any kind of power, including muscular power.
1.40 "Yard"means the privately owned land around or appurtenant to the whole or any
part of a residential or non-residential property and used or capable of being used
in connection with the property.
1.41 "Zoning By-law"shall mean the current applicable Zoning By-law of the
Municipality of Clarington.
PART 2
GENERAL STANDARDS FOR ALL PROPERTY
2.01 All repairs and maintenance as required by this By-law shall be carried out with
suitable and sufficient materials and in a manner accepted as good workmanship
within the trades concerned.All new construction or repairs shall conform to the
Ontario Building Code or other such Codes or requirements where applicable.
YARDS
2 .02 All yards and vacant lots shall he kept clean and free from:
(1) rubbish or debris;
(2) objects or conditions that might create a health, fire, or accident hazard;
(3) all derelict machinery, vehicles, trailers, boats or vessels and any
component parts thereof unless it is necessary for the operation of a
business enterprise lawfully situated on the property;
(4) all derelict motor vehicles whether exposed to view or covered over by
means of a tarpaulin or other cover;
(5) long grass, brush, undergrowth and overgrown trees, which may cause a
hazard;
(6) dilapidated, collapsed or partially constructed structures;
(7) any unprotected well, pit, trench or other similar unsafe condition;
(8) injurious insects, termites, rodents, vermin or other pests;
(9) dead, decayed or damaged trees or other natural growth;
(10) limbs and branches of trees which have, in whole or in part, become
removed or broken off as a result of wind, lightning, snow or other natural
act; and
(11) any unsightly condition out of character with the surrounding environment.
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2.03 The warehousing or storage of material or operative equipment that is required for
the continuing operation of the lawfully permitted industrial or commercial aspect
of any property shall:
(1) be maintained in a neat and orderly fashion so as not to create a fire or
accident hazard or any unsightly condition; and
(2) provide unobstructed access for emergency vehicles.
2.04 Where conditions as set out in section 2.03 above are such that a neat and orderly
fashion is achieved but is still offensive to view, the offensive area shall be suitably
enclosed by a solid wall or a painted board or metal fence not less than 1.8 metres
(6 feet)in height and not greater than 2.6 metres(8.5 feet)and maintained in good
repair. This provision shall not apply to areas covered by a Site Plan Agreement.
2.05 On residentially zoned lands no machinery or parts thereof, or other objects, or
materials, not associated with the normal occupancy and use of the property,
including among other things, appliances and furniture not intended for outdoor
use,fixtures, paper, cartons, boxes, barrels, buckets, plastic tarpaulin, or building
materials such as lumber, masonry material or glass, other than that intended for
immediate use on the property, shall be stored or allowed to remain in an exterior
yard.
SURFACE CONDITIONS
2.06 Surface conditions of yards shall be maintained so as to:
(I) prevent ponding of storm water;
(2) prevent instability or erosion of soil;
(3) prevent surface water run-off from entering basements of buildings on the
property or onto or into that of any neighbouring property;
(4) not exhibit an unsightly appearance;
(5) be kept free of garbage and refuse;
(6) be kept free of deep ruts and holes;
(7) provide for safe passage under normal use and weather conditions, day
or night.
2.07 Vacant land shall be graded,filled or otherwise drained so as to prevent recurrent
ponding.
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SEWAGE AND DRAINAGE
2.08 Sewage shall be discharged into the sewage system.
2.09 Sewage other than ground water, or storm water, shall not be discharged onto the
surface of the ground, whether into a natural or artificial surface drainage system.
2.10 Roof or sump drainage shall not be discharged onto sidewalks, stairs,or directly
onto adjacent property.
2.11 Downspouts used in conjunction with roof drainage shall be no less than 5.1 cm(2
inches)away from any shared lot line. All water drainage shall be directed away
from the lot line.
2.12 All elements of the sewage system, including but not limited to,weeping tiles,
septic beds and septic tanks shall be maintained in proper working order and
drained, cleaned out or replaced as required.
PARKING AREAS, WALKS AND DRIVEWAYS
2.13 All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, or compacted stone or gravel and shall be kept in good repair
free of dirt and litter.
2.14 Notwithstanding the foregoing,for non-residential properties which abut residential
properties, all areas used for vehicular traffic and parking shall have a surface
covering of asphalt, or similar hard surface.
2.15 All areas used for vehicular traffic, parking spaces and other similar areas shall be
maintained so as to afford safe passage under normal use and weather
conditions.
2.16 Steps, walks, driveways, parking spaces and other similar areas shall be
maintained so as to afford safe passage under normal use and weather conditions
day or night.
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ACCESSORY BUILDINGS, FENCES,AND OTHER STRUCTURES
2.17 Accessory buildings and other structures appurtenant to the property shall be
maintained in structurally sound condition and in good repair.
2.18 Fences shall be maintained in structurally sound condition and in good repair and
shall comply with the restrictions and conditions of the Clarington Fence By-law.
2.19 Accessory buildings,fences, and other structures shall be protected from
deterioration by the application of appropriate weather resistant materials including
paint or other suitable preservative and shall be of uniform colour unless the
aesthetic characteristics of said structure are enhanced by the lack of such
material.
GARBAGE DISPOSAL
2.20 Every building, dwelling, and dwelling unit shall be provided with a sufficient
number of suitable receptacles to contain all garbage, refuse and ashes that may
accumulate on the property. Such receptacles shall be constructed of watertight
material, provided with a tight fitting cover, and shall be maintained in a clean and
odour free condition at all times.
2.21 All garbage, refuse, and ashes shall be promptly placed in a suitable container and
made available for removal in accordance with the Region of Durham's waste
management regulations.
2.22 Where facilities are provided for the storage of garbage, refuse and recyclable
materials, all such material shall be stored therein.
2.23 Garbage storage areas shall be screened from public view and capable of being
secured to prevent unauthorized entrance. This section shall not apply to single or
semi-detached residential properties.
2.24 Garbage items shall be stored in such a manner as to discourage the harborage of
rodents, insects,vermin and other pests.
COMPOST
2.25 The occupant of a residential property may provide for a compost heap in
accordance with health regulations, provided that the compost pile is no larger
-9- 1112
than 2.3 square metres(25 square feet)and 1.2 metres(4 feet) in height and is
enclosed on all sides by concrete block, or lumber, or in a 170 litre(45 gallon)
container, or a commercial plastic enclosed container designed for composting
PART
BUILDING STANDARDS
GENERAL CONDITIONS
3.01 Every tenant, occupant or lessee of a residential property shall maintain the
property or part thereof and the land which they occupy or control, in a clean,
sanitary and safe condition and shall dispose of garbage and debris on a regular
basis, in accordance with municipal by-laws.
3.02 Every tenant,occupant or lessee of a residential property shall maintain every
floor,wall, ceiling and fixture, under their control, including hallways, entrances,
laundry rooms, utility rooms, and other common areas, in a clean, sanitary and
safe condition.
3.03 Accumulation or storage of garbage, refuse, appliances, or furniture in public
hallways or stairways shall not be permitted.
3.04 The accumulation or storage of garbage, refuse, appliances or furniture which is
not meant for outdoor use shall not be stored on any porch, deck, stoop,
verandah, balcony or patio that may be visible to any person beyond the said
property line.
PEST PREVENTION
3.05 Buildings shall be kept free of rodents,vermin, insects and the presence of their
nests, droppings and chew holes at all times. Where evidence of said items are
apparent, methods used for exterminating such pests shall be in accordance with
the provisions of the Pesticides Act R.S.O. 1990, c. P.11 and the responsibility for
such extermination shall rest with the owner of the property unless otherwise
stipulated in the lease or rental agreement.
3.06 Openings, including windows, that might permit the entry of rodents, insects,
vermin or other pests shall be appropriately screened or sealed.
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STRUCTURAL SOUNDNESS
3.07 Every part of a building and every accessory building shall be maintained in a
structurally sound condition so as to be capable of safely sustaining its own weight
load and any additional load to which it may be subjected through normal use,
having a factor of safety required by the Ontario Building Code.
3.08 Walls, roofs, and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
3.09 All overhang extensions including but not limited to canopies, marques, signs,
metal awnings,fire escapes, standpipes and exhaust ducts shall be maintained in
good repair and be properly anchored so as to be kept in sound condition.
WEATHER PROOFING
3.10 Every exposed ceiling or exterior wall of a residential building when opened or
replaced during the course of alterations or renovations shall be insulated, in order
to minimize heat loss, air infiltration and moisture condensation on the interior
surfaces, in accordance with the Ontario Building Code.
FOUNDATIONS
3.11 Foundation walls of all buildings shall be maintained so as to prevent the entrance
of insects, rodents and excessive moisture. Maintenance includes but is not limited
to the shoring of the walls to prevent settling, installing sub soil drains, when
necessary, grouting masonry cracks,waterproofing walls,joints, and floors.
3.12 Every building, except for slab on grade construction, shall be supported by
foundation walls or piers that extend below the frost line, or to solid rock.
EXTERIOR WALLS
3.13 Exterior walls of buildings and their components, including eaves, soffits and
fascia, shall be maintained in good repair free from cracked, broken or loose
masonry, stucco, and other defective cladding, or trim. Paint or other suitable
preservative or coating must be applied and maintained so as to prevent
deterioration due to weather conditions, insects or other damage.
tt ' 1114
3.14 Exterior walls of all buildings and their components shall be free of inappropriate
signs, painted slogans, graffiti and similar defacements.
WINDOWS AND DOORS
3.15 Windows, doors, skylights, and basement or cellar hatchways shall be maintained
in good repair and good working order,weather tight, reasonably draught-free,to
prevent heat loss and infiltration by the elements. Maintenance includes painting,
replacing damaged doors,frames and other components, window frames, sashes
and casings, replacement of non-serviceable hardware and reglazing where
necessary. Where screening is provided on windows and doors it shall also be
maintained in good repair.
3.16 All windows, skylights, and basement or cellar hatchways which are designed to
be capable of opening and closing shall be maintained so that the tenant is
capable of operating it without restriction.
3.17 Notwithstanding section 3.16, every window in a leased or rented dwelling unit that
is located above the first storey of a multiple dwelling shall be equipped with an
approved safety device that would prevent any part of the window from opening
greater than would permit the passage of a 100 mm diameter(3.9 inches)sphere.
Such safety device shall not prevent the window from being fully opened during an
emergency situation by an adult without the use of tools.
3.18 In a dwelling unit, all windows and skylights that are intended to be opened and all
exterior doors and hatchways shall have suitable hardware so as to allow locking
or otherwise securing from inside the dwelling unit. At least one entrance door to a
dwelling unit shall have suitable hardware so as to permit locking or securing from
either inside or outside the dwelling unit.
3.19 Solid core doors shall be provided for all entrances to dwellings and dwelling units.
3.20 In residential buildings where there is a voice communication unit working in
conjunction with a security locking and release system controlling a particular
entrance door,the said system shall be maintained in good working order at all
times.
12 1115
ROOFS
3.21 Roofs of buildings and their components shall be maintained in a weathertight
condition, free from loose or unsecured objects or materials. Shingles or other
coverings which exhibit excessive deterioration shall be replaced as required.
3.22 Accumulations of ice and/or snow shall be promptly removed from the roofs of
buildings and accessory buildings which slope toward a highway or sidewalk or
where such conditions could hinder the safe passage of the public.
3.23 Where eavestroughing or roof gutters are provided,they shall be kept in good
repair, free from obstructions or blockages and properly secured to the building
and appropriately sloped to allow for proper water drainage.
WALLS, CEILINGS AND FLOORS
3.24 Every wall, ceiling and floor in a building shall be maintained so as to provide a
continuous surface free of holes, cracks, loose coverings or other defects. Walls
surrounding showers and bathtubs shall be impervious to water.
3.25 Every floor in a building shall be reasonably smooth and level and maintained so
as to be free of loose, warped, protruding, broken, or rotted boards or other
material that might cause an accident or allow the entrance of rodents and other
vermin or insects.
3.26 Every floor in a bathroom, toilet room, shower room, laundry room and kitchen
shall be maintained so as to be impervious to water and readily cleaned.
STAIRS. PORCHES AND BALCONIES
3.27 Inside and outside stairs, porches, balconies and landings shall be maintained so
as to be free of holes, cracks, and other defects that may constitute accident
hazards.
3.28 Existing stair treads or risers that show excessive wear or are broken, warped or
loose and any supporting structural members that are rotted or deteriorated shall
be repaired or replaced.
13 1116
GUARDRAILS AND BALUSTRADES
3.29 A balustrade shall be installed and maintained in good repair on the open side of
any stairway or ramp containing three (3)or more risers including the landing or a
height of 600 mm(24 inches).A handrail shall be installed and maintained in good
repair in all stairwells. Guardrails shall be installed and maintained in good repair
around all landings, porches and balconies. Guardrails, balustrades and handrails
shall be constructed and maintained rigid in nature.
KITCHENS
3.30 Every dwelling shall contain a kitchen area equipped with:
(a) a sink that is served with hot and cold running water and is surrounded by
surfaces impervious to grease and water,
(b) hot water shall be supplied at a temperature of not less than 43 degrees
Celsius (110° F)
(c) suitable storage area
(d) a counter or work area, exclusive of the sink, and covered with a material
that is imperious to moisture and grease and is easily cleanable; and
(e) a space provided for cooking and refrigeration appliances including the
suitable electrical or gas connections.
TOILET AND BATHROOM FACILITIES
3.31 Every dwelling unit shall contain a bathroom consisting of at least one fully
operational water closet, wash basin, and bathtub or suitable shower unit. Every
wash basin and bathtub or shower shall have an adequate supply of hot and cold
running water. Hot water shall be supplied at a temperature of not less than 43
degrees Celsius(110° F). Every water closet shall have a suitable supply of
running water.
3.32 Every required bathroom or toilet room shall be accessible from within the dwelling
unit and shall be fully enclosed and provided with a door.
3.33 Where toilet or bathroom facilities are shared by occupants of residential
accommodation, other than self-contained dwelling units, an appropriate entrance
shall be provided from a common passageway, hallway, corridor or other common
space to the room or rooms containing the said facilities.
14 1117
PLUMBING
3.34 Every dwelling unit shall be provided with an adequate supply of potable running
water from a source approved by the Medical Officer of Health.
3.35 All plumbing, including drains, water supply pipes,water closets and other
plumbing fixtures shall be maintained in good working condition free of leaks and
defects and all water pipes and appurtenances thereto shall be protected from
freezing.
3.36 All plumbing fixtures shall be connected to the sewage system through water seal
traps.
337 Every fixture shall be of such materials,construction and design as will ensure that
the exposed surface of all parts are hard, smooth, impervious to hot and cold
water, readily accessible for cleansing and free from blemishes, cracks, stains,
extreme corrosion or other defects that may harbor germs or impede thorough
cleansing.
ELECTRICAL SERVICE
3.38 Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system.
3.39 The electrical wiring, fixtures, switches, receptacles, and appliances located or
used in dwellings, dwelling units and accessory buildings and all non-residential
buildings shall be installed and maintained in good working order so as not to
cause fire or electrical shock hazards.
3.40 All electrical services shall conform to all applicable regulations of the Electricity
Act 1998, S.O. 1998 c. 15 and the Ontario Electrical Safety Code, Ontario
Regulation 164199 or its successor legislation.
3.41 Every habitable room in a dwelling shall have at least one electrical duplex outlet
for each 11.1 square metre (120 square feet)of floor space and for each additional
9.3 square metres(100 square feet)of floor area a second duplex outlet shall be
provided. Extension cords shall not be used on a permanent basis.
15 1118
3.42 Every bathroom, toilet room, kitchen, laundry room,furnace room, basement,
cellar and non-habitable work or storage room shall be provided with a permanent
light fixture.
3.43 Lighting fixtures and appliances installed throughout a dwelling unit, including
stairways, corridors, passageways, garages and basements shall provide
sufficient illumination so as to avoid health or accident hazards in normal use.
HEATING HEATING SYSTEMS, CHIMNEYS AND VENTS
3.44 Every dwelling unit and building containing a residential dwelling unit shall be
provided with suitable heating facilities capable of maintaining an indoor ambient
temperature of 20° Celsius (68° F.) in the occupied dwelling units. The heating
system shall be maintained in good working condition and capable of safely
heating the individual dwelling units to the required standard on request of the
dwelling unit's tenant.
3.45 Where the temperature level cannot be controlled by the tenant, the owner shall
provide an approved secondary heat source under the tenant's control,which is
capable of producing and maintaining the ambient temperature of 20° Celsius
within the dwelling unit.
3.46 Every non-residential building shall maintain suitable heating facilities to sustain an
indoor ambient temperature in accordance with the requirements of the
Occupational Health and Safety Act R.S.O. 1990 c. 0.1.
3.47 All fuel burning appliances, equipment, and accessories in all buildings shall be
installed and maintained to the standards provided by the applicable provincial
legislation.
3.48 Where a heating system or part thereof requires solid or liquid fuel to operate, a
place or receptacle for such fuel shall be provided and maintained in a safe
condition and in a convenient location so as to be free from fire or accident
hazards.
3.49 All fuel burning appliances, equipment, and accessories in all buildings shall be
properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney
flue or other approved method.
16 1119
3.50 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in
good repair so as to prevent the expelled smoke, fumes or gases from entering a
dwelling unit. Maintenance includes the removal of all obstructions, sealing open
joints, and the repair of loose or broken masonry units.
3.51 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in
good condition so as to prevent the heating of adjacent combustible material or
structural members to unsafe temperatures.
3.52 Every dwelling shall be so constructed or separated to prevent the passage of
smoke, fumes, and gases from that part of the dwelling which is not used,
designed or intended to be used for human habitation into other parts of the
dwelling used for habitation. Such separations shall conform to the Ontario
Building Code.
FIRE ESCAPES, ALARMS AND DETECTORS
3.53 A listed fire alarm and a fire detection system, approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, shall be provided
by the owners of buildings of residential occupancies where sleeping
accommodations are provided for more than ten persons, except that such
systems need not be provided where a public corridor or exit serves not more than
four dwelling units or individual leased sleeping rooms.
3.54 In addition to the provisions of article 3.53 above, in every dwelling unit in a
building, a listed"products of combustion"detector, approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, or detectors of the
single station alarm type, audible within bedrooms when intervening doors are
closed, shall be installed by the occupant between bedrooms or the sleeping area
and the remainder of the dwelling unit, such as in a hallway or corridor serving
such bedrooms or sleeping area. The"products of combustion'detector referred
to shall be;
(1) equipped with audio or audio-visual indication that they are in operating
condition;
(2) mounted on the ceiling or on the wall between 152.4 and 304.8 mm (6 to 12
inches) below the ceiling.
17 1120
3.55 All buildings using a fire escape as a secondary means of egress shall have the
escape in good condition,free from obstructions and easily reached through an
operable window or door.
EGRESS
3.56 Every dwelling and each dwelling unit contained therein shall have a safe,
continuous and unobstructed passage from the interior of the dwelling and the
dwelling unit to the outside at street or grade level.
3.57 Each dwelling containing more than one dwelling unit shall have at least two exits,
both of which may be common or the one of which may be common and the other
may be an exterior stair or fire escape. Access to the stairs or fire escape shall be
from corridors through doors at floor level, except access from a dwelling unit may
be through a vertically mounted casement window having an unobstructed
opening of not less than 1.067 by 0.558 metres(42 x 22 inches)with a sill height
of not more that 0.914 metres(36 inches)above the inside floor.A single exit is
permitted from a dwelling unit where the path of egress is through an exterior door
located at or near ground level and access to such exit is not through a room not
under the immediate control of the occupants of the dwelling unit.
NATURAL LIGHT
3.58 Every habitable room except a kitchen, bathroom or toilet room shall have a
window or windows, skylights or translucent panels facing directly or indirectly to
an outside space and admits as much natural light equal to not less than ten
percent of the floor area for living and dining rooms and five percent of the floor
area for bedrooms and other finished rooms.
3.59 All non-residential establishments shall install and maintain sufficient windows,
skylights, and lighting fixtures necessary for the safety of all persons attending the
premises or as may be required by the Occupational Health and Safety Act for
industrial and commercial properties. However, lighting shall not be positioned so
as to cause any impairment of use or enjoyment of neighbouring properties.
is 1121
VENTILATION
3.60 Every habitable room in a dwelling unit, as well as kitchens, bathrooms or toilet
rooms, shall have openings for ventilation providing an unobstructed free flow of
air of at least 0.28 square metres (3 square feet),or an approved system of
mechanical ventilation such that it provides hourly air exchanges.
3.61 All systems of mechanical ventilation shall be maintained in good working order.
3.62 All enclosed areas including basements, cellars, crawl spaces and attics or roof
spaces shall be adequately ventilated so as to prevent the buildup of dampness
and mould within the unit.
3.63 All structural elements of a dwelling exhibiting signs of mould shall be properly
cleaned and,where necessary, replaced in order to eliminate the presence of the
mould.
ELEVATING DEVICES
3.64 Elevators and other elevating devices including all mechanical and electrical
equipment, lighting fixtures, lamps, control buttons,floor indicators,ventilation
fans, and emergency communication systems shall be operational and maintained
in good condition.
DISCONNECTED UTILITIES
3.65 Owners of residential buildings or any person or persons acting on behalf of such
owner shall not disconnect or cause to be disconnected any service or utility
supplying heat, electricity, gas, refrigeration or water to any residential unit or
building occupied by a tenant or lessee, except for such reasonable period of time
as may be necessary for the purpose of repairing, replacing, or otherwise altering
said service or utility.
OCCUPANCYSTANDARDS
3.66 The number of occupants residing on a permanent basis in an individual dwelling
unit shall not exceed one person for every 9 square metres of habitable floor area.
For the purpose of computing habitable floor area, any area with the minimum
19 1122
ceiling height less than 2.1 metres shall not be considered as habitable.
3.67 No room shall be used for sleeping purposes unless it has a minimum width of 2
metres and a floor area of at least 7 square metres.A room used for sleeping
purposes by two or more persons shall have a floor area of at least 4 square
metres per person.
3.68 Any basement or portion thereof, used as a dwelling unit shall conform to the
following requirements:
(a) each habitable room shall comply with all the requirements set out in this
by-law;
(b) floors and walls shall be constructed so as to be damp proof and
impervious to water leakage;
(c) each habitable room shall be separated from the fuel fired heating unit or
other similarly hazardous equipment by a suitable fire separation and
approved under the Ontario Building Code;
(d) access to each habitable room shall be gained without passage through a
furnace room, boiler room, or storage room.
PART 4
SPECIAL CIRCUMSTANCES
VACANT OR DAMAGED BUILDINGS
4.01 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall
have all water, electrical and gas services turned off except for those services that
are required for the security and maintenance of the property.
4.02 Where any building is vacant, unoccupied, or has been damaged by accident,
storm, neglect or other causes or intentional damage, the owner or agent shall
protect such building against the risk of accidental or intentional damage to the
property, or such damage as may be caused to other properties, arising from the
entry of unauthorized persons to the building, by effectively preventing entrance by
unauthorized persons to the satisfaction of the Property Standards Officer.
20 1123
4.03 For the purpose of Section 4.02, doors,windows, hatches and other openings
through which entry may be obtained are required to be kept in good repair and
secured from unauthorized entry, or entry shall be prevented by closing and
securing the openings.
4.04 Where a vacant or damaged property has not been sufficiently secured, the officer
may issue an Order requiring the owner to secure the property in any of the
following ways:
(a) boarding which completely covers the opening with at least 12.7mm (0.5
in.)weatherproofed sheet plywood securely fastened to the building;
(b) rigid composite panels, securely fastened to the building;
(c) sheathing boards installed within the reveal of the exterior cladding and
securely fastened to the building;
(d) brick and mortar securely fastened to the building; or
(e) concrete blocking and mortar securely fastened to the building.
The options listed above shall be considered progressively more secure with
clause (e) being the most secure. It shall be the officer's discretion to determine
the minimum level of security required.
4.05 Where it has been shown that a proper level of security has not been achieved, or
the owner's control, attendance or lack of security measures to protect the
property suggests a more secure option be used, the officer may order the owner
to supply more stringent security measures as may be necessary beyond the
options listed in subsection 4.04.
4.06 Where a building remains vacant for a period of more than ninety(90)days, or in
the opinion of the officer further measures are required, the officer shall ensure
that all utilities serving the building,which are not required for the safety or security
thereof, are properly disconnected or otherwise secured,to prevent accidental or
malicious damage to the building or adjacent property.
4.07 Any such work required under Part 4 of this by-law shall be done in compliance
with the Ontario Building Code, other applicable codes and by-laws, including but
not limiting the generality of the foregoing, in compliance with the requirement for
obtaining building or demolition permits, and with the by-laws applicable to
demolition and clearing of property.
21 1124
FIRE DAMAGED BUILDINGS
4.08 Fire damaged buildings shall be kept clear of all garbage, refuse and debris and
shall have all water, electrical and gas services turned off except those services
that are required for the security and maintenance of the property.
4.09 Where a building has been damaged by fire, the officer may order the owner to
restore the building to meet the requirements of this by-law and the Ontario
Building Code and this By-law.
4.10 When the fire-damaged building or part is occupied again for other than the
purpose of repair, the condition of the building and property shall be brought into
compliance with all applicable sections of this by-law and the Ontario Building
Code.
4.11 The exterior walls and other surfaces of the building shall have smoke damage or
other defacement removed and the surfaces refinished.
4.10 Where, in the opinion of the officer, restoration as specified in Section 4.09 is not
possible or economically feasible, the officer may order the building demolished.
DESIGNATED HERITAGE BUILDINGS
4.12 The provisions of this By-law and the requirements to repair or demolish property
shall apply to a Designated Heritage Building or a building within a Heritage
Conservation District as defined in the Ontario Heritage Act R.S.O. 1990, c. 0.18
with necessary modifications.
4.13 Where an officer has issued an Order Requiring Compliance pursuant to section
15.2 of the Ontario Building Code Act S.O. 1992 c. 23 involving a Designated
Heritage Building or a building within a Heritage Conservation District, the Order
shall take into consideration the restrictions and conditions of the Heritage
Designation.
MARIJUANA GROW HOUSES AND CLANDESTINE DRUG OPERATIONS
4.14 In the event that an officer has been notified by a police service that a property has
been or is being used as either a Marijuana Grow House or a Clandestine Drug
22 1125
Operation facility, the officer shall, in addition to any other action ordered or
permitted by law, register any and all Orders issued pursuant to an Order or
Orders Requiring Compliance under the authority of section 15.2 of the Building
Code Act, S.0 1992, against the title of the property at the local Land Registry
Office.
4.15 The Order referred to in Section 4.14 shall contain a Schedule which will state:
"This property has been identified as having been used as a
Marijuana Grow Operation (Clandestine Drug Operation facility).
Operations of this nature are well known to have detrimental
effects on the air quality, electrical systems and structural
elements within the structure. It is the opinion of the municipality
that this property should not be occupied until all matters referred
to in this Order have been addressed and resolved to the
satisfaction of the investigating officer."
PART 5
ADMINISTRATION
COMPLAINTS
5.01 This By-law shall apply to all property within the limits of the municipality and shall
be enforced on a written complaint basis only. The written complaint shall include
the name,address and telephone number or other contact information of the
complainant. Failure to provide the required complainant information shall render
the complaint incomplete and it will not be investigated.
5.02 Anonymous complaints or third party complaints which attempt to obscure the
identity of the complainant will not be investigated.
5.03 Where an officer has determined that a complaint has been filed for a malicious or
vexatious reason or as part of an ongoing pattern of harassment and does not
involve a matter of serious health or safety, the officer may, after conferring and
confirming with the Manager of Municipal Law Enforcement, cease the
investigation and close the file with no further action taken. The officer shall then
advise the complainant of this in writing.
23 .1126
5.04 The imperial measurements contained in this By-law are given for reference only.
OFFICERS
5.05 The Council of the Municipality shall appoint a Property Standards Officer(s)
responsible for the administration and enforcement of this by-law.
5.06 Unless otherwise specified in their appointment By-laws, the Municipal Law
Enforcement Officers are hereby assigned the duties of Property Standards
Officers for the Municipality of Clarington.
ORDER REQUIRING COMPLIANCE
5.07 Where an Officer finds that a property does not conform to any of the standards
prescribed in this by-law, the Officer may make an"Order Requiring Compliance"
as provided for in Section 15.2(2)of the Building Code Act S. O. 1992.
5.08 Where an officer has reason to believe that there is a deficiency in any of the
structures or systems, the owner shall, upon receipt of an Order pursuant to
Section 15.8 of the Building Code Act, provide the officer with a report from the
required expert or agency detailing the condition and needed repairs, if any, to the
structure or system.
PROPERTY STANDARDS COMMITTEE
5.09 There shall be and is hereby established a Property Standards Committee
consisting of no fewer than five members,who shall be rate payers in the
municipality, appointed by By-law to hold office for the term of Council.
5.10 A member of the Council of the Municipality or an employee of the Municipality or
of a local board thereof is not eligible to be a member of the Committee.
5.11 The Committee shall elect from among themselves a Chairman and shall make
provision for a Secretary, said Secretary being an employee of the Municipality,
but not an officer.
5.12 The Secretary shall keep on file minutes and records of applications and the
decisions thereon,and all other official business of the Committee.
24 1127
5.13 The rules and practices as set out in Section 15.3 of the Building Code Act S.O.
1992 shall apply to all Appeal proceedings.
5.14 Upon receipt of the Notice of Appeal the Secretary shall arrange for an Appeal
hearing to take place not less than seven days and not more than thirty days from
the date of receipt of the Notice of Appeal and shall give notice of the date, time
and place of the appeal to the Applicant, the Committee members and the Officer.
PART 6
ENFORCEMENT AND ENACTMENT
PENALTY
6.01 Every owner or occupant of property shall comply with an Order Requiring
9
Compliance as confirmed or modified. Should the owner or occupant fail to
demolish, clean up or repair the property in accordance with an Order Requiring
Compliance as confirmed or modified, the municipality may take action as
stipulated in Section 15.4 of the Building Code Act to bring the property into
compliance.
6.02 Every owner or occupant of property who fails to comply with an Order issued
pursuant to Section 15.8 of the Building Code Act is guilty of an offence and
subject to the penalties as set out in the Act.
VALIDITY
6.03 Should any section, clause, or provision of this By-law be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of this
By-law as a whole or any part thereof, other than the part so declared to be invalid.
6.04 Where a provision of this By-law conflicts with the provision of another by-law in
force within the municipality,the provisions that establish the higher standards to
protect the health, safety and welfare of the general public shall prevail.
6.05 This By-law may be referred to as"The Property Standards By-law".
25 1128
TRANSITIONAL PROVISION
6.06 Notwithstanding the provisions of Sections 6.07 and 6.08, after the passing of this
By-law, By-law 98-123, as amended, shall apply only to those properties in respect
of which an Order has been issued prior to the date of passing of this By-law, and
then only to the said properties until such time as all matters relating to such Order
has been completed or any enforcement proceedings in respect of such Order,
including demolition and repair by the Municipality, have been concluded.
EFFECTIVE DATE OF BY-LAW
6.07 This By-law shall come into force and effect upon the date of its final passage.
REPEAL OF EXISTING BY-LAW
6.08 Subject to the provisions of Section 6.06, By-law 98-123 and its amendments are
hereby repealed.
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
MAYOR
MUNICIPAL CLERK
26 1129
C1111 n REPORT
Leading die i�'ay
CLERK'S DEPARTMENT
Meeting: General Purpose and Administration Committee
Date: March 26, 2007
Report#: CLD-008-07 File #: By-law #:
Subject: 2007 Animal Licence Sales Campaign
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-008-07 be received for information.
fi
Submitted by: 4 Reviewed i�) �J
Patti . Barri , .M.C.T. Franklin Wu,
icip Jerk Chief Administrative Officer
PLB*AG
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1130
REPORT NO.: CLD-008-07 PAGE 2
BACKGROUND AND COMMENT
Since 1998 the Municipality of Clarington has contracted with Animal Licensing Services Inc.
for the door-to-door selling of animal licences, with the exception of 2005 wherein municipal
staff sold the licences door-to-door. Licences were sold during the period of March through to
the end of September.
In 2006 Animal Licensing Services Inc. was the successful bidder for the door-to-door sales
contract. Our sales agreement with Animal Licensing Services Inc. was a one-year contract
and offered the Municipality the opportunity to extend the contract for an additional period for
up to two years.
Prior to Animal Licensing Services Inc. initiating their sales in 2006, each of their sales agents
were required to attend a customer service training workshop. The Deputy Clerk and a
representative of Clarington's customer service training team conducted the workshop. Our
2006 sales were very successful both from the volume of licences sold and from the relatively
few calls we received regarding their services.
In Report CLD-010-06 staff indicated that a mail-out licensing pilot project would be initiated.
Unfortunately, due to software system deficiencies, a mail-out process cannot be
accommodated at this time.
2007 Door-to-Door Sales
Based on the successes realized in 2006, we have exercised our option to extend the contract
for 2007. Again, each Animal Licensing Services Inc. sales agent has attended a 2007
customer service workshop. This workshop reinforced Clarington's commitment to excellent
customer services while also ensuring that the sales agents understood our new licensing
pricing structure (as set forth in By-law 2006-227).
Every sales agent will be required to wear and prominently display municipally issued photo
identification. Additionally, the names and photos of the sales agents have been posted on our
Website.
Notices shall appear in the local newspapers advising our residents of the sales campaign.
Sales began as of February 15, 2007.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1131
REPORT NO.: CLD-008-07 PAGE 3
2007 Sales Outlets
In addition to the door-to-door sales, animal licences are sold at the following locations:
Bowmanville Veterinary Clinic Clarington Animal Hospital
2826 King Street East, Bowmanville 2727 Courtice Road, Courtice
Clarington Animal Shelter Courtice Pet Clinic
33 Lake Road, Bowmanville 1500 Highway 2, Courtice
Driver & Vehicle License Bureau Durham Veterinary Clinic
157 King Street, Bowmanville 110 King Street East, Bowmanville
East Oshawa Animal Hospital Michelle's Grooming
1 Townline Road North, Courtice 20 King Avenue East, Newcastle
Municipal Administrative Centre Newcastle Veterinary Clinic
(Town Hall) 108 King Avenue West, Newcastle
40 Temperance Street, Bowmanville
Orono Veterinary Clinic
30 Cobbledick Street,.Orono
INTERESTED PARTIES:
Animal Licensing Services Inc.
Animal Advisory Committee
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1132
Clarin �� l�/n REPORT
Leading t&e i�'ay�J
CLERK'S DEPARTMENT
Meeting: General Purpose and Administration Committee
Date: March 26, 2007
Report#: CLD-009-07 File #: By-law #:
Subject: Donations to Clarington Animal Shelter
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-009-07 be received for information.
Submitted b f Reviewed
/Pa ' ar ' , A.M.C.T. Franklin Wu,
unicipal Clerk Chief Administrative Officer
PLB*AG
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1133
REPORT NO.: CLD-009-07 PAGE 2
BACKGROUND AND COMMENT
Staff is very pleased to report to Council that our community is extremely supportive of our
Clarington Animal Shelter.
Over the past five years we have received a total of$19,350 in donations. These gifts come
from various donors including:
• Donations made in memory of a friend or family member;
• Donations made in memory of a pet;
• Donations from fund-raising activities; and
• Donations from generous citizens.
Without compromising their right to privacy, staff does acknowledge two donors in particular.
One family has most generously donated more than $3,000 and a private rescue group often
assists in paying for: the spaying/neutering of dogs; surgeries for injured animals; and travel
expenses associated with transferring animals throughout Canada and the US for adoption by
families or rescue groups.
In addition to these financial donations, the Shelter often receives donations of food, toys,
blankets and other supplies. On occasion, children choose to collect donations for the Shelter
in place of receiving birthday gifts, and during the Christmas season, our citizens are
especially generous.
In June of 2006 the students of Waverley Public School conducted a school fundraiser for the
Animal Shelter. A series of events was held, ranging from bake sales to car washes, and at
the conclusion of this endeavour, the students presented us with a cheque in the amount of
$1,000.00. Most recently, Kirby Public School donated $350 and Pines Senior Public School
donated $200 all of which were raised through school fundraising events.
We continue to partner with PetSmart Charities and Pet Value. We regularly have the
opportunity to showcase some of our cats that are available for adoption in the Whitby
PetSmart Store and in our Bowmanville Pet Value store. In 2006, we adopted 45 cats through
each of these two locations and thus far in 2007, we have adopted 6 cats through Pet Value
and 23 cats through PetSmart. It is worth noting, that for every cat adopted through PetSmart
the Shelter also receives a $5.00 donation from PetSmart Charities.
All donations received by the Shelter are held in an account and are allocated to directly
benefiting the animals at the Shelter.
2007 Upgrades
Each spring season the Shelter takes in a number of pregnant cats and provides care to these
moms until such time as the kittens are old enough and healthy enough to be adopted.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1134
REPORT NO.: CLD-009-07 PAGE 3
Although the numbers fluctuate from year to year, it is a given that by June our cat cages are
full. In order to provide these moms a comfortable and quiet place, staff often use the "inside
dog rooms" as a maternity ward. The cages in these dog rooms were designed to house dogs
and therefore any cats held in the room must be held in cat cages within the dog cages. This
is not an efficient use of our facilities.
Work is underway to convert these dog cages so they may accommodate either cats or dogs.
This will free up our cat cages for cats to be housed in the other rooms and will provide a safe,
quiet and fun space for the moms and their kittens. During the off seasons, these converted
cages may also be used for group housing of cats; although this concept is still being
researched by staff.
The cost for cage conversions for one "inside dog room" is estimated at $1200. Donated funds
will be used to fund the conversions.
Conclusion
Staff are most grateful to all who contribute to our Shelter whether it be financial, gifts in kind,
fostering animals, or assisting us in finding suitable homes for our cats and dogs. In honour of
our major donors, arrangements have been made to hang plaques of gratitude at the shelter.
INTERESTED PARTIES:
Animal Licensing Services Inc.
Animal Advisory Committee
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1135
L @� e� REPORT
s y
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 26, 2007 C'VfJ �
Report #: CLD-010-07 File #: By-law#:
Subject: NOISE BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-010-07 be received;
2. THAT the By-law attached to Report CLD-010-07 be forwarded to Council for approval.
Submitted by: Patti arri M.C.T. Reviewed by: Franklin Wu,
unici erk Chief Administrative Officer
PLB'LC`
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.:CLD-010-07 PAGE 2 of 3
BACKGROUND
Clarington's current Noise By-law 89-184 was originally passed in December 1989. Since that
time there have been minor revisions to the offence section and one major revision in 1997
which imposed specific noise levels for special events at Mosport Park.
In 2004 the noise levels relating to Mosport Park were repealed.
This year staff undertook a review of the by-law. This has led to some proposed modifications
in terms of enforcement procedures, and some basic housekeeping measures
The major change to the by-law comes in the area of enforcement. It has always been the
policy of the Municipal Law Enforcement Division to refuse to accept anonymous complaints.
The nature of the complaint and the need for independent corroboration make it impossible for
staff to investigate and enforce complaints where there is no known complainant. Often a
complainant will change their mind by the time the matter reaches trial and not wish to
proceed. In addition there have been times when people attempt to use the Enforcement
Division to harass or annoy their neighbours, sometimes in violation of court restraining orders
not to contact or interfere.
This policy has never been incorporated into the by-law. This new by-law now contains that
provision. As always, the Complainant's information will remain confidential unless and until
charges are laid, at which time the Complainant must be prepared to attend court and testify.
In those matters where the officer discovers that this is an attempt to harass the subject party
or there is insufficient evidence to warrant proceeding, the officer may close the file with no
further action being taken.
None of this will, of course, preclude an individual from pursuing the matter privately through a
Justice of the Peace.
1137
REPORT NO.:CLD-010-07 PAGE 3 OF 3
Once passed, staff will proceed to apply for approved short form wordings and set fines for the
by-law to make the laying of charges simpler for both the Municipality's officers and the
Regional Police.
1138
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2007-
Being a By-law to prohibit noises likely to disturb
the inhabitants of the Municipality of Clarington
and to repeal By-law 89-184 and its amendments
WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, Chapter 25 states
that a local municipality may prohibit and regulate noise matters;
AND WHEREAS The Council of the Corporation of the Municipality of Clarington
deems it appropriate to enact a by-law to regulate and control noise levels within
the Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. GENERAL PROVISIONS
1.1 No person shall ring any bell, blow or sound any hom or cause the same
to be rung, blown or sounded, or shout or create, cause or permit any
unusual or excessive noises likely to disturb any other inhabitant of the
Municipality of Clarington.
1.2 Without limiting the generality of section 1.1 the following are deemed to
be noises likely to disturb the inhabitants of the Municipality of Clarington:
(a) the ringing of bells, blowing.of horns or sounding of sirens on any
motor vehicle except to the extent that such ringing, blowing or
sounding is required by law or by the requirements of safety;
(b) the sound or noise from or created by a radio or phonograph, or
any musical or sound-producing instrument of whatsoever kind
when such radio or phonograph or instrument is played or operated
in such manner or with such volume as to annoy or disturb the
peace, quiet, comfort or repose of any individual in any dwelling
house, apartment house, hotel or other type of residence outside
the premises where the instrument is being played;
(c) the grating, grinding or rattling noise or sound caused by a
condition of disrepair or maladjustment of any motor vehicle,
motorcycle, or other vehicle whatsoever or part or accessory
thereof;
1139
(d) the blowing of any steam or air whistle attached to or used in
connection with any stationary boiler or other machine or
mechanism, except for the purpose of giving notice to workmen of
the time to commence or cease work or as a warning of danger;
e) the noise made by power lawnmowers, outboard motors or similar
power motors;
(f) the noise made by the discharge into the open air of the exhaust of
any steam engine, stationary internal combustion engine, motor
vehicle or motorcycle except through a muffler or other device
which effectively prevents loud or explosive noise;
(g) any noise which may be heard beyond the lot upon which it is made
at sufficient volume to disturb persons beyond such lot;
(h) the persistent barking, calling or whining, or other similar persistent
noise made by any domestic pet,or any other animal kept, or used
for any purpose other than agriculture.
2. EXEMPTIONS
2.1 Notwithstanding the other provisions of this By-law, the restrictions listed
in sections 1.1 and 1.2 shall not apply to prevent:
(a) the use, in a reasonable manner, of any apparatus or mechanism
for the amplification of the human voice or music in a public place
within the limits of the Municipality;
(b) any military or other band or any parade operating with written
permission having been first obtained from the Municipality;
(c) any police, fire, public or emergency service vehicle or ambulance
in the lawful discharge of its assigned duties;
(d) any sound arising from the operation of any railway which operates
under the Railway Act of Canada or from any plant or work in
connection with any such railway;
(e) the sound of church bells or carillons; and
1140
(f) the making by any person upon his or her own property, noise
which is reasonable and necessary taking into account the volume
and time of day,for his or her enjoyment and use of such property
provided that such noise does not interfere with the lawful
enjoyment of any adjoining property owner or occupant.
2.2 Notwithstanding the other provisions of this By-law, the restrictions listed
in sections 1.1 and 1.2 shall not apply to a person who permits or causes
the emission of sound in connection with any traditional, festive, or
religious activities, and to such activities listed hereunder;
(a) the Bowmanville Foundry Co. Ltd., manufacturing;
(b) Goodyear Canada Inc., manufacturing;
(c) Oshawa Ski Club, recreational snowmaking;
(d) Mosport Park, automobile and motorcycle racing;
(e) Blue Circle Canada Inc., its licensed pit and quarry operations and
all accessory uses related thereto.
3. CURFEWS
3.1 A noise curfew shall apply to the following operations and/or businesses
within the Municipality of Clarington:
(a) the Orono Fish and Hunt Club, shooting range;
(b) the Union Rod and Gun Club, shooting range; and
(c) the Marksman Club of Oshawa, shooting range.
This curfew shall commence at 11:00 p.m. and continue until 7:00 a.m. the
following morning, Sunday night through Saturday morning, then
commence again at 11:00 p.m. Saturday night and continue until 10:00
a.m. Sunday morning.
3.2 With respect to a licensed canine kennel there shall be a noise curfew
imposed, to wit:
1141
(a) evenings-Sunday to Friday inclusive,there shall be a curfew
commencing at 11:00 p.m. and continuing until 7:00 a.m. of the
following day; Saturday, the curfew shall commence at 11:00 p.m.
and shall continue until 8:00 a.m. Sunday morning;
(b) during the periods identified as the curfew hours, any kennel noise,
more particularly the barking of dogs,which carries beyond the
boundary of the property upon which the licensed kennel is situated
shall be deemed to be a contravention; and
(c) that during non-curfew hours, that is from 7:00 a.m.to 11:00 p.m.,
Monday to Saturday inclusive, and from 8:00 a.m. to 11:00 p.m.
Sunday, continuous barking for a period in excess of 1 hour at any
time shall be deemed to be a contravention.
3.3 A noise curfew shall apply to any noise from any excavation or
construction work whatsoever, including the erection, demolition, alteration
or repair of any building;
(a) arising between the hours of 11:00 p.m. until 7:00 a.m. the following
day, Monday through Saturday, 11:00 p.m. Saturday night until
10:00 a.m. Sunday and 5:00p.m. Sunday until 7:00 a.m. Monday
morning.
(b) except in the case of urgent necessity and then only under prior
authorization from the Municipality.
3.4 During the time when construction, excavation or demolition work is
permitted on Sunday as outlined in Section 3.3 above, such work shall not
include the operation of any mechanically powered excavation or earth
moving equipment.
3.5 A noise curfew shall apply to the use of propane guns and other such
similar devices used to protect agricultural produce from predation by any
animal, reptile or bird. This curfew shall be commence at 11:00 p.m. and
continue until 7:00 a.m. seven days per week.
3.6 Time restrictions as set out above in this by-law for Sundays shall apply in
the same manner for all statutory holidays.
3.7 No person shall cause, create or permit any noise in contravention of the
curfew times as outlined throughout Section 3.
1142
4. ENFORCEMENT
4.1 This By-law shall apply to all property within the limits of the Municipality
and shall be enforced on a complaint basis only by the Durham Regional
PoliFe Service and the Clarington Municipal Law Enforcement Officers
and, where applicable, the Clarington Animal Services Officers.
4.2 The complaint shall include the name, address and telephone number or
other contact information of the complainant. Failure to provide the
required complainant information shall render the complaint incomplete
and it will not be investigated.
4.3 Anonymous complaints or third party complaints which attempt to obscure
the identity of the complainant will not be investigated.
4.4 Where an officer has determined that a complaint has been fled for a
malicious or vexatious reason or as part of an ongoing pattern of
harassment, the officer may, after conferring and confirming with the
Manager of Municipal Law Enforcement, cease the investigation and close
the file with no further action taken. The officer shall then advise the
complainant of this in writing.
4.5 Where the subject matter of an investigation is the same or the
circumstances are substantially similar to that for which charges or other
court actions have already been initiated, no additional court action
pursuant to this By-law will be initiated by the Municipality.
4.6 Nothing in this By-law prevents any individual from privately initiating a
charge for an alleged offence.
5. PENALTY
5.1 Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction liable to a fine as set out in the Provincial
Offences Act.
5.2 Should any section, clause, or provision of this By-law be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the
1143
validity of this By-law as a whole or any part thereof, other than the part so
declared to be invalid.
5.3 The provisions of this by-law shall come into full force and effect
immediately upon its final passing by Council.
5.4 By-law 89-184 and its amendments are hereby repealed.
I
Read a first time this day of 2007
Read a second time this day of 2007
Read a third time and finally passed this day of 2007
Mayor
Municipal Clerk
1144
REPORT
Leading the Way
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 26, 2007 C, C_ _ :�-7C - C �
Report #: CLD-011-07 File #: By-law #:
Subject: PRIVATE PARKING ENFORCEMENT
RECOMMENDATIONS:
It is respectfully recommended to Council:
1. THAT Report CLD-011-07 be received;
2. THAT the by-law attached to Report CLD-011-07 to appoint a parking enforcement
officer for private property be forwarded to Council for approval;
3. THAT By-law 2005-64 be repealed; and
4. THAT Alfredo Martinez Pacini and P.R.O. Security be advised of Council's actions.
1,
Submitted by: Reviewed bytes
Pyattij7trarfie .M.C.T. Franklin Wu,
unicipal erk Chief Administrative Officer
PLB*LC*lb
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-011-07 PAGE 2
BACKGROUND AND COMMENT
Private property owners have traditionally had the option of approaching Council for
permission to enforce the Clarington Traffic By-law 91-58 on their own property.
P.R.O. Security has been contracted by Valiant Property Management to provide parking
enforcement on their lot at 2377 Highway#2 and at 100 Clarington Blvd. P.R.O. Security has
hired Alfredo Martinez Pacini to perform this function.
In order for Mr. Pacini to be able to perform these duties he must be appointed pursuant to the
Police Services Act as Parking Enforcement Officers.
Mr. Pacini is aware that he must attend the Municipal Administrative Centre for training prior to
commencing any enforcement duties.
P.R.O. Security has advised that Allan Easson has left their employ and therefore By-law
2005-64 which appointed him as a Parking Enforcement Officer must be repealed.
ATTACHMENTS:
Attachment 1: By-law to Appoint Alfredo Martinez Pacini as a Parking Enforcement
Officer for Private Property and Repeal By-law 2005-64.
INTERESTED PARTIES:
P.R.O. Security
Alfredo Martinez Pacini
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1146
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
Being a By-law to appoint an individual as a
Parking Enforcement Officer for Private Property
And to Repeal By-law 2005-64
WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15,
authorizes a Council of any Municipality to appoint one or more persons who
shall be peace officers for the purpose of enforcing the by-laws of the
Municipality; and
WHEREAS it is desirable to appoint Alfredo Martinez Pacini as a Parking
Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the
Municipality of Clarington on the property located at 2377 Highway#2 and 100
Clarington Blvd., Bowmanville, in the Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. Alfredo Martinez Pacini is hereby appointed as a Parking Enforcement
Officer for the sole purpose of enforcing the Traffic By-law of the
Municipality of Clarington on the property located at 2377 Highway#2 and
100 Clarington Blvd., Bowmanville, in the Municipality of Clarington.
2. By-law 2005-64 is hereby repealed.
3. This By-law shall come into full force and effective immediately on the day
of Final passing by Council.
BY-LAW read a first time this day of 2007.
BY-LAW read a second time this day of 2007.
BY-LAW read a third time and finally passed this day of 2007.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1147
C1jllg�pll REPORT
Lead gthe Way
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MARCH 26, 2007
Report #: CLD-012-07 File #: By-law #:
Subject: BILL 130 — MUNICIPAL STATUTE LAW AMENDMENT ACT, 2006
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-012-07 be received for information.
Submitted by ` Patt' ar A.M.C.T. Reviewed by: Franklin Wu,
unicipa Clerk Chief Administrative Officer
PLB
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1148
REPORT NO.:CLD-012-07 PAGE 2 of 7
1.0 Overview
On January 1, 2007, Bill 130, the Municipal Statute Law Amendment Act, 2006, came
into force, with some provisions being proclaimed at a later date. The revisions to the
Municipal Act(the Act) provide municipal governments with more flexibility in meeting
their communities' expectations and in fulfilling their responsibilities, and place a much
higher standard of transparency and accountability on municipal governments.
When the Municipal Act, 2001 was enacted, a number of requirements were imposed
on municipalities, which have now been removed. Some of these include:
1. Fees and Charges —The ability to charge a license fee was subject to council
taking into account the cost of administering and enforcing by-laws within the
municipality.
2. Regulatory By-laws — Licensing powers could only be exercised for one or more
of:
a) Health and safety;
b) Nuisance control; and
c) Consumer protection
3. Sunset Clause — Licensing by-laws no longer expire five years from the date they
come into force.
4. Public Notice —The specific requirements for giving of public notice are now
removed.
This report provides a review of some of the key features in the revised Act.
2.0 Expanded Powers
The Act now provides more emphases on broad, permissive authority than the
prescriptive approach of earlier Acts. All municipalities receive the power to pass
by-laws respecting:
• Governance structure of the municipality and its local boards
Accountability and transparency of the municipality and its operations and of its
local boards and their operations
Financial management of the municipality and its local boards
Public assets of the municipality acquired for the purpose of exercising its
authority
• Economic, social and environmental well-being of the municipality
1149
REPORT NO.:CLD-012-07 PAGE 3 OF 7
• Health, safety and well-being of persons
• Services and things that the municipality is authorized to provide (subject to
limits)
• Protection of persons and property, including consumer protection
Some specific details include:
1. Local and Service Boards - Municipalities now have broad permissive powers to
establish, dissolve, change or impose requirements on certain local boards and
have the power to establish a municipal service board for any municipal service
or activity.
2. Delegation - Municipalities now have expanded authority to delegate their powers
and duties to any person or body subject to certain restrictions. The delegation
may be exclusive or shared with the delegated body, can be subject to limits and
may always be revoked. Some specific powers and duties cannot be delegated,
such as zoning by-laws, official plan approval, imposing taxes, budget approval
and appoint/removing of statutory officers. Legislative and quasi-judicial powers
may only be delegated to one or more members of municipal council; a body that
has at least two members of which 50% are council members, council
appointees, or a combination; or an officer, employee or agent of the
municipality.
3. Business Regulation - Municipalities now have broad powers to license
businesses, subject to certain limits. Specific new powers authorize
municipalities to administratively suspend a license prior to a hearing where there
is a danger to health or safety. Municipalities are now able to impose an
administrative penalty over and above the fines for failure to comply with any part
of a licensing system.
4. Enforcement - Municipalities now have broader enforcement abilities, such as the
authority to set fines for by-law offences and an administrative power of entry to
determine by-law compliance, subject to special provisions respecting dwelling
units. Previously, municipalities were limited to the fines set out in the Provincial
Offences Act; we are now able to set fines of up to $100,000. Municipalities also
now have the power to impound objects as evidence.
5. Economic Development - Municipalities have greater authority to offer financial
incentives within a community improvement plan.
6. Business Improvement Areas (BIAs) - Municipalities can now establish their own
rules and conditions for BIAs. However, the current BIA rules and conditions in
the Municipal Act, 2001 will continue if a municipality does not exercise its new
right to do so.
7. Housing - Municipalities now have the authority to prohibit or regulate the
demolition or conversion of residential rental properties with six or more dwelling
units.
1150
REPORT NO.:CLD-012-07 PAGE 4 OF 7
3.0 Transparency and Accountability
In response to public concerns over events in recent years, the Act now contains
general requirements which replace specific provisions. Accountability mechanisms
have been strengthened to balance broader powers.
Municipalities are empowered to pass by-laws to establish:
1. Code of Conduct for Council and Local Boards—A code of conduct may speak to
such matters as standards for appropriate interaction with municipal staff,
residents and key stakeholders, and appropriate use of corporate resources.
Many municipalities, including the Municipality of Clarington, have established a
code of conduct, but the revisions to the Act make the ability to do so clear.
2. Integrity Commissioner— Municipalities have explicit authority to appoint an
Integrity Commissioner to perform functions related to the application of the code
of conduct and other procedures, rules and policies governing ethical behaviour
for members of council and local boards. Penalties that may be imposed by the
municipality where the Integrity Commissioner reports that a member of council
or local board has contravened the code of conduct include reprimand and
suspension of pay for up to 90 days. Note that this does not include suspension
of service.
3. Ombudsman — Municipalities may appoint an Ombudsman whose function is to
investigate, in an independent manner, administrative decisions,
recommendations and actions undertaken or omitted. The Ombudsman is given
broad investigative powers, including the ability to access any documentation.
Once the investigation is complete, the Ombudsman will prepare a public report
containing such recommendations as are deemed fit. There is no review by the
courts of the proceedings and decisions of the Ombudsman, except on the
grounds of jurisdiction.
4. Auditor General — Municipalities have explicit authority to appoint an Auditor
General who is responsible for assisting council in holding itself and municipal
administrators accountable for the quality of stewardship over public funds and
for achievement of value for money in municipal operations. These
responsibilities do not include the responsibilities of the municipal external
Auditor.
5. Lobbyist Registry— Municipalities have the ability to establish and maintain a
lobbyist registry and appoint a registrar to monitor lobbyist activity and conduct
inquiries where there is activity by an unregistered lobbyist. The purpose of the
registry is so members of council and the public would know for certain when an
individual is lobbying a council.
1151
REPORT NO.:CLD-012-07 PAGE 5 OF 7
6. Meeting Investigator-Although not yet proclaimed, Bill 130 provides for a non-
court process whereby the public can request an investigation to determine
compliance with meeting rules. Municipalities will be able to appoint an
investigator to investigate, upon complaint, whether rules in procedural by-laws
and section 239 of the Municipal Act respecting meetings have been followed. If
a municipality does not appoint an investigator, Ontario's Ombudsman will have
the authority to investigate.
7. Appeal Body —When a municipality delegates a power to a municipal service
board, existing municipal by-laws or resolutions are deemed to be by-laws of the
board. The authority exists to establish an appeal body to hear appeals or
review decisions made under the delegated power. This includes the power to
determine procedures, powers and rules of those conducting the appeal.
3.1 Policies
Although not yet proclaimed, the Act requires that municipalities adopt the following
policies:
• Sale and other disposition of land
• Hiring of Employees
• Procurement of goods and services
• Notice —when, under what circumstances and how notice to the public is to be
given
• Accountability and transparency
• Delegation of powers and duties contained within the Municipal Act or the
Planning Act
Municipalities are being advised by the Province to consider preparing the mandatory
policies now in order to be ready for the proclamation.
The Municipality currently has policies relating to the sale and other disposition of land,
hiring of employees, procurement of goods and services and notice, however these will
be reviewed to ensure they comply with the requirements of Bill 130. Policies related to
accountability and transparency and the delegation of powers and duties will need to be
prepared and a further report will be forwarded to Council addressing these matters.
3.2 Meetings
Changes to the Act build on the meeting provisions that have been in place for the last
ten years. Public notice is required for all meetings and such notice is to be included in
the Procedural By-law. The Act now states that a record of all meetings (open and
closed) is mandatory. The Municipality currently follows this practice.
1152
REPORT NO.:CLD-012-07 PAGE 6 OF 7
Prior to the passing of Bill 130, the Municipal Act stated that a council could hold a
closed meeting for the following subject matters:
• Security of property
• Personal matter about an identifiable individual
• Acquisition or disposal of land
• Labour relations
Litigation or potential litigation
• Advice that is subject to solicitor-client privilege
In addition to the reasons listed above, Bill 130 now allows for a meeting to be closed to
the public if it is being held for the purpose of education or training the council members
and no member discusses or otherwise deals with any matter in a way that materially
advances the business or decision-making of the council, local board or committee. We
are currently in the process of reviewing our Procedural By-law to include the new
requirements related to meetings and will be reporting to Council at a later date.
3.3 Expanded Roles
3.3.1 Role of Head of Council
Previously, Section 224 of the Act defined the role of the head of council as:
• To act as chief executive officer of the municipality;
• To preside over council meetings;
• To provide leadership to the council;
• To represent the municipality at official functions; and
To carry out the duties of the head of council under this or any other Act.
In addition to this, Bill 130 now adds:
• Uphold and promote the purposes of the municipality;
Promote public involvement in the municipality's activities;
• Act as the representative of the municipality both within and outside the
municipality, and promote the municipality locally, nationally and internationally;
and
• Participate in and foster activities that enhance the economic, social and
environmental well-being of the municipality and its residents.
3.3.2 Role of Council
The role of the council was previously defined as:
• To represent the public and to consider the well-being and interests of the
municipality;
• To develop and evaluate the policies and programs of the municipality;
• To determine which services the municipality provides;
1153
REPORT NO.:CLD-012-07 PAGE 7 OF 7
• To ensure that administrative practices and procedures are in place to implement
the decisions of council;
• To maintain the financial integrity of the municipality; and
• To carry out the duties of council under this or any other Act.
Bill 130 enhances this role by adding the following responsibilities:
• To ensure that administrative policies, practices and procedures and
controllership policies, practices and procedures are in place to implement the
decisions of council; and
• To ensure the accountability and transparency of the operations of the
municipality, including the activity of the senior management of the municipality.
4.0 Amendments to Other Legislation
Bill 130 amends other legislation in addition to the Municipal Act. Some of these
include:
1. Highway Traffic Act— Municipalities now have the authority to set speed limits
(up to 100 km/h). Default speed limits of 50 km/h in urban areas and 80 km/h on
highways in prescribed former townships remain.
2. Liquor Licence Act—Authority to pass by-laws extending the hours of sale of
liquor by licence holders in all or part of a municipality. This authority is to be
proclaimed at a later date.
3. Retail Business Holidays Act— Proposed amendments, which have not as yet
been proclaimed, will permit the Region of Durham to pass a by-law that would
state that the Retail Business Holidays Act does not apply to any retail business
within the Region. This will extend the scope beyond the tourism criteria which is
set out in the Retail Business Holidays Act.
5.0 Conclusion
This report is provided as an overview of the amendments to the Municipal Act as
affected by Bill 130. Staff will continue to inform council of developments with the new
Act provisions through additional reports addressing, in more detail, specific areas
identified in this report.
1154
Leading the Way V
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 26th, 2007
Report #: COD-006-07 File # By-law#
Subject: CO-OPERATIVE TENDER T-220-2006, SUPPLY, RETREADING,
REPAIR & DISPOSAL OF TIRES AND TUBES
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-006-07 be received;
2. THAT Tirecraft Commercial Inc., Oshawa with a bid price in the amount of$30,773.96
per year (excluding GST), meeting all terms, conditions and specifications of the Co-
operative TenderT-220-2006 be awarded the contract to supply, retread, repair and
dispose of tires and tubes for the requirements of the Municipality of Clarington for a one
year term;
3. THAT pending satisfactory service and pricing, the contract be renewed for the second
through fifth year; and
4. THAT the funds required be drawn from the Department of Operations various current
operating accounts.
Submitted by: Reviewed by.
e Marano, H.B.Sc., C.M.O. Franklin Wu,
Director of porate Services Chief Administrative Officer
Fre
Direct of Operations
MMILAB1sm
1201
REPORT NO.: COD-006-07 . PAGE 2 OF 3
BACKGROUND AND COMMENT
The Regional Municipality of Durham, acted as the host agency for the calling of Co-operative
Tender#T-220-2006 for the supply, retreading, repair and disposal of tires and tubes as
required by the Regional Municipality of Durham, the Cities of Oshawa and Pickering, the
Towns of Ajax and Whitby and the Municipality of Clarington. Four (4) bids were received of
which two (2) were non-compliant. .
Subsequently, the compliant bids were received and tabulated as per the attached bid
summary, marked Schedule "A". The pricing is firm for the first year and may be extended for
up to an additional four years subject to satisfactory pricing and service.
A discount of 2% was offered by Tirecraft should all participants award to one vendor. It is the
recommendation of the Durham Co-op that participating Agencies award this contract to
Tirecraft
The required funds will be drawn from the respective years operating budget allocation for tires
from which there are adequate funds available.
After further review and analysis of the bids by the Purchasing, it is recommended that Tirecraft
Commercial Inc., Oshawa be recommended for the contract for the supply, retread, repair and
disposal of tires and tubes, as required by the Municipality of Clarington. It is further
recommended that pending satisfactory service and pricing the contract be extended for up to a
maximum of four additional years based upon satisfactory pricing and service.
The subject firm has previously provided satisfactory service for the Municipality of Clarington.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1202
Leadin the Wa �✓
g y
Municipality of Clarington
SCHEDULE "A"
BID SUMMARY
CO-OPERATIVE TENDER T-220-2006
SUPPLY, RETREAD, REPAIR & DISPOSAL
OF TIRES & TUBES
Tirecraft'
Tirecraft wl2% discount' Bridgestone
Region of Durham $239,294.00 $234,508.12 n/a
Whitby $79,909.00 $ 78,310.82 n/a
Ajax $29,279.00 $ 28,693.42 n/a
Clarington $31,402.00 $ 30,773.96 n/a
Oshawa $66,766.00 $ 65,430.68 n/a
Pickering $57,146.00 $ 56,003.08 n/a
Additional Dis 2% n/a n/a
Durham Transit East $206,028.00 $493,720.08 $71,258.40
Durham Transit West $196,011.00 $192,090.78 n/a
Transit Lease n/a n/a n/a
combined
1203
C�arington
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 26`", 2007 ��
Report#: COD-010-07 File # By-law 0(�}
Subject: TENDER CL2007-2
ORONO OPERATIONS YARD AND KENDAL COMMUNITY CENTRE, FLAT
ROOF REPLACEMENT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-010-07 be received;
2. THAT Barr's Roofing, Newcastle, Ontario, with a total bid amount of $94,999.00
(excluding G.S.T.) Option 2, being the lowest responsible bidder meeting all terms,
conditions and specifications of the Request for Tender, be awarded the contract for the
Orono Operations Yard and Kendal Community Centre, Flat Roof Replacement.
3. THAT the total funds required in the amount of$100,999.00 ($94,999.00 tender plus
consulting) be drawn from the following accounts:
i. $40,000.00 be drawn from the 2006 Operations Capital Budget Account#110-
36-370-83602-7401, Orono Operations Centre Roof Replacement;
ii $41,000.00 be drawn from the 2006 Operations Capital Budget Account
#110-36-370-83655-7401, Kendal Community Centre Roof Replacement; and
iii $19,999.00 be drawn from the 2007 Operations Capital Budget Account
#110-36-370-83655-7401, Kendal Community Centre Replacement.
4. THAT the attached By-law marked Schedule "B" authorizing the Mayor and the Clerk to
execute the necessary agreement be approved.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-3330
REPORT NO.: COD-010-07 PAGE 2
Submitted by: v Reviewed
i arano, H.B.Sc., C.M.O. Franklin Wu,
Director of Corporate Services Chief Administrative Officer
gncyTa or,n.B.A4 C.A.,
Director ofFinance
41�
F orvath, RDMR, RRFA,
Director of Operations
MM/LAB/km
1205
REPORT NO.: COD-010-07 PAGE 3
BACKGROUND AND COMMENT
Tender specifications were provided by James Thompson Consulting Engineer for the Orono
Operations Yard and Kendal Community Centre, Flat Roof Replacement, as required by the
Operations Department.
The tender specifications provided for Option 1 which is a built up roofing system and Option 2
which is a fully adhered Thermosetting Polypropylene (TPO) system. As per the tender
specifications, the Municipality of Clarington may award option one or two whichever is in our
best interest.
Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were
received and tabulated as per Schedule "A° attached.
The total project cost, including consulting is $100,999.00, and is recommended to be provided
as follows:
i. $40,000.00 be drawn from the 2006 Operations Capital Budget Account#110-36-
370-83602-7401, Orono Operations Centre Roof Replacement;
ii. $41,000.00 be drawn from the 2006 Operations Capital Budget Account#110-36-
370-83655-7401, Kendal Community Centre Roof Replacement; and
iii. $19,999.00 be drawn from the 2007 Operations Capital Budget Account#110-36-
370-83655-7401, Kendal Community Centre Replacement.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
referred to the Director of Operations.
After further review and analysis of the tenders by James Thompson Consulting Engineer,
Operations and Purchasing, it was mutually agreed that Barr's Roofing, Newcastle, Ontario, be
recommended for the contract for the Orono Operations Yard and Kendal Community Centre,
Flat Roof Replacement, Option 2.
The subject firm has previously performed satisfactorily on a number of projects for the
Municipality of Clarington.
Attachments:
Attachment 1 — Schedule "A", Bid Summary
Attachment 2 -Schedule "B" By-law 1206
REPORT NO.: COD-010-07 PAGE 4
/..ding the Way
Municipality of Clarington
SCHEDULE "A"
BID SUMMARY - TENDER CL2007-2
ORONO OPERATIONS YARD & KENDAL COMMUNITY CENTRE, FLAT ROOF
REPLACEMENT
BIDDER OPTION 2 OPTION 1
Barr's Roofing & Sheet Metal $94,999.00 NO BID
Newcastle, ON
Crawford Roofing Corporation NO BID $112,700.00
Toronto, ON
ICI Roofing Limited $129,800.00 $138,000.00
Peterborough, ON
Solar Roof& Sheet Metal NO BID $138,650.00
Toronto, ON
Trio Roofing Systems Inc. NO BID $141,629.00
Etobicoke, ON
Sproule Specialty Roofing Ltd. NO BID $142,780.00
Etobicoke, ON
Applewood Roofing and Sheet Metal Ltd. $160,000.00 $161,200.00
Toronto, ON
Provincial Industrial Roofing & Sheet Metal Co. Ltd. $162,752.00 $168,752.00
Concord, ON
Bothwell-Accurate NO BID $183,360.00
Toronto, ON
1207
Schedule "B"
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 Barr's
Roofing, Newcastle, Ontario, to enter into agreement for the
Orono Operations Yard and Kendal Community Centre, Flat
Roof Replacement.
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, Barr's Roofing, Newcastle, Ontario and said Corporation; and
2. THAT the contract attached hereto as Schedule 'B"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
1208
Energizing OntarloLJ REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 26, 2007 Resolution#:
Report #: FND-006-07 File #: By-law #:
Subject: MAYOR & COUNCILLOR'S REMUNERATION & EXPENSES FOR 2006
I
I
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-006-07 be received for information.
I
Submitted by: Reviewed b
Y
Na cy Tayl , B.B., ., C. ., Franklin Wu,
Director of inance. Chief Administrative Officer.
NT/RB/na
1301
REPORT NO.: FND-006-07 PAGE 2
BACKGROUND AND COMMENT:
Appended hereto, please find a schedule detailing the compensation paid to each Member of
Council during 2006 as required by the Municipal Act, S.O. 2001, c.25, Section 283. Also
attached is a schedule detailing compensation paid to Clarington's representatives on the
Veridian Board of Directors.
As per Resolution # GPA-445-95, passed by Council on July 15, 1995, attached is the Regional
Municipality of Durham Report # 2007-F-21 detailing the remuneration and expenses of the
Members of Council and Regional Council appointees to local boards.
Attachments:
Attachment# 1 — Remuneration & Expenses for Mayor & Councillors — January 1 to
November 30, 2006
Attachment# 2 — Remuneration & Expenses for Mayor & Councillors — December 1 to
December 31, 2006
Attachment# 3 — Remuneration & Expenses for Members of Veridian Corporation —
January 1 to December 31, 2006
Attachment# 4 Regional Report No. 2007-F-21
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1302
C
N
E
L
U
(0
Q
MAYOR & COUNCILLORS' REMUNERATION & EXPENSES
January 1 to November 30,2006
Name
Basic Pay
Expense
OMERS
Municipal
Gross Pay
Kilometres
Conferences
Other
Total
Allowance
Equivalent
Severance
Note 1
Note 2
Mayor J. Mutton
$42,192.94
$21,096.47
$1,582.24
$51,782.25
$116,653.90
$15,508.69
$3,205.77
$2,560.12
$137,928.48
Councillor A. Foster
16,877.06
8,438.53
632.89
-
$25,948.48
5,835.02
965.25
48.49
$32,797.24
Councillor D. MacArthur
16,877.06
8,438.53
632.89
13,808.50
$39,756.98
5,818.02
1,636.62
23.20
$47,234.82
Councillor P. Pin le
16,877.06
8,438.53
632.89
-
$25,948.48
5,842.98
1,636.62
256.00
$33,684.08
Councillor G. Robinson
16,877.061
8,438.531
632.89
-
$25,948.48
5,818.02
-
$31,766.50
Councillor J. Schell '"
16,877.06
8,438.53
632.89
-
$25,948.48
8,489.80
253.69
$34,691.97
Councillor C. Trim "' +
16,877.06
8,438.531
632.89
-
$25,948.48
6,320.18
2,079.77
98.481
$34,446.91
Total
$143,455.30
—$71,727.651
$5,379.581
$65,590.75
$286,153.28
$53,632.71
$9,777.72
$2,986.291$352,550
TO
"` Regional Councillor
+ Deputy Mayor
Notes:
Conferences Include payment made by the Municipality for registration fee and/or accommodation,
as well as direct reimbursement of expenses.
Other Includes parking, meals, airfare and miscellaneous charges.
Expenses excludes G.S.T.
m
0
m
N
m
E
U
l0
Q
MAYOR & COUNCILLORS REMUNERATION AND EXPENSES
DECEMBER 1 to 31, 2006
Name
Basic Pay
Expense
OMERS
Municipal
Gross Pay
Kilometres
Conferences
Other
Total
Allowance
Equivalent
Severance
Note 1
Note 2
Mayor J. Abernethy
$3,835.72
$1,917.86
$143.84
-
$5,897.42
$1,219.81
-
$7,117.23
Councillor A. Foster
1,534.28
767.14
57.54
-
$2,358.96
532.08
-
$2,891.04
Councillor R. Hooper
1,534.28
767.14
57.54
-
$2,358.96
-
-
$2,358.96
Councillor M. Novak"
1,534.28
767.14
57.54
-
$2,358.96
532.08
-
$2,891.04
Councillor G. Robinson
1,534.28
767.14
57.54
-
$2,358.96
532.08
-
$2,891.04
Councillor C.Trim "+
Councillor W.Woo
1,534.28
1,534.28
767.14
767.14
57.54
57.54
-
-
$2,358.96
$2,358.96
943.14
532.08
-
-
$3,302.10
$2,891.04
Total
$13,041.40
$6,520.70
$489.08
$0.00
$20,051.18
$4,291.27
$0.00
$0.00
$24,342.45
" Regional Councillor
+ Deputy Mayor
Notes:
Conferences Include payment made by the Municipality for registration fee and/or accommodation,
as well as direct reimbursement of expenses.
Other Includes parking, meals, airfare and miscellaneous charges.
Expenses excludes G.S.T.
a
0
m
Cl)
C
N
E
L
U
(0
2
REMUNERATION & EXPENSES OF
CLARINGTON DIRECTORS OF VERIDIAN CORPORATION,
January 1,2006 to December 31, 2006
Name
Salary
Kilometres
Conferences
Other
Total
Note 1
Note 2
J. Mutton
$12,000.00
$12,000.00
J. Schell
9,500.00
-
-
9,500.00
H. Edmondson
9,500.00
657.12
2,179.29
1,186.31
13,522.72
Total
$31,000.00
$657.12
$2,179.29
$1,186.31
$35,022.72
Notes:
Conferences Include payments made by Veridian for registration fee and/or accommodation,
as well as direct reimbursement of expenses.
Other Includes parking, meals, airfare and miscellaneous charges.
Expenses excludes G.S.T.
LO
C
M
Attachment#4
The Regional Municipality of Durham
Report to: The Finance and Administration Committee
From: R.J. Clapp, Commissioner of Finance
Report No.: 2007-F-21
• Date: March 20, 2007
SUBJECT:
The Remuneration and Expenses in 2006 of Members of Regional Council and
Regional Council Appointees to Local Boards, as Required by Section 284(1) of the
Municipal Act, 2001, S.O. 2001, c25
RECOMMENDATION:
The Finance and Administration Committee recommend that this report be submitted to
Regional Council for information.
REPORT:
As required by Section 284 (1) of the Municipal Act, 2001, 1 have prepared a statement
of the remuneration and expenses that were paid in 2006 to Regional Councillors and
Regional Council Appointees. (See attached Schedules 1 to 3 respectively).
The information concerning Regional Council appointees was obtained directly from the
Local Boards, with the exception of the Durham Region Police Services Board, Durham
Region Transit Commission, 9-1-1 Management Board, Durham Regional Local
Housing Corporation and the Land Division Committee, whose accounting records are
maintained by the Regional Finance Department.
.ye
R.J. Clapp, CA
Commissioner of Finance
Attach.
dIk\2007reportslremuneration2006
207 1306
SCHEOULEI
REGIONAL COUNCIL MEMBERS
2006 REMUNERATION AND EXPENSES
CONFERENCES,
CONVENTIONS
REGIONAL COUNCIL
MEMBE REMUNERATION SEVERANCE MILEAGE b MEETINGS TOTAL
6 S
Abernethy,J.(6) 3,535.08 - - - 3,535.08
Brercrer,M. 38,974.32 - 405.44 1,540.77 40,920.53
Brunelle.M.(5)(6) 44,533.73 34.48 1,066.17 45,634.38
Clarke,C. 38,974.32 238.52 545.00 39,757.84
Crawford,S. 42,509.40 - - 1,715.52 44,224.92
Cullen,A.(7) 43,009.40 - 277.72 - 43,287.12
Drumm.J.(6) 42,509.40. - - 1.851 17 42,508.40
Emm.G.(6) 42,509.40 - 3,535.08
Grand,J. 3.535.08 - - "
_ 43,009.40
Gray.J.(7) 43,009.40 _ 3,535.08
Henry,J. 3,535.08
3,535.08
Herrema,H.(6) 3,535.08 - - -
Johnson,R. 42,509.40 - 479.60 2,546.73 45,535.73
Jordan,C. 42.509.40 - 293.23 1.650.47 44,453.10
Kolodzie,J. 42.509.40 - 85.36 2,258.48 44.853.24
3,535.08
LeY.B.
3.535.08 - -
BB
Lutczyk.R. 42,509.40 - 205.17 1,474.54 44,189.11
McLean,W. - 42,509.40 - 427.12 1,689.87 44,626.39
McMillen,J. 42,509.40 - 2,452.56 1,102.30 46,064.26
3,535.08 - - - 3,535.08
Mitchell,D.(61 - 81,449.37
Mutton,J.(5)(6) - 44.533.73 36.315.75 599.89
40 - 171.95 1,684.85 44.366.20
42,509.
Neal,J. 42,686.30
Nicholson.B. 42,509.40
_ 176.90 "
Novak,M.
3,535.08 - - 3.535.08
O'Connor,G.G.151(6) 44.533.73 - 1,472.81 1,587.22 47,573.76
O'Corvw.L. 42,509.40 - 3,837.29 3,185.51 49,532.20-
Parish,S. 42,509.40 - - 158.74 1,095.00 - 43,763.14'
Pearce.M.(7) 43,009.40 - 732.96 1,432.75 45,175.11
Perkins.P.(5)(6) 48,068.81 - 195.71 723.41 48,987.93
Pi(twerbecki,N. 42,509.40 - 320.40 712.57 43,542.37
Ryan,D. 42,509.40 _ 433.86 1.349.84 44.293.10
Schell,J. (6) 38,974.32 - 770.59 1,750.17 41,495.08
Sad,S.(6) 38,974.32 - 793.20 2,886.41 42,653.93
3,535.08
Shepherd,R.(6) 3,535.08 - - 545.00 41.807.33
Shier,K. 38,974.32 - 2,288.01
Trim,C. (6)(7) 43,009.40 1,589.26 1,047.98 45,646.64
1,214.500.84 36.315.75 18,440.77 35,421.73 1,304,679.09
208 1307
SCHEDULEI
(continued)
REGIONAL COUNCIL MEMBERS
2006 REMUNERATION AND EXPENSES
CONFERENCES,
CONVENTIONS,
REGIONAL CHAIR REMUNERATION SEVERANCE MILEAGE d MEETINGS TOTAL
$ $ $ $ $
Anderson,R. 160,583.45 6,480.67 20,936.59 188,000.71
WASTE TECHNOLOGY CONVENTIONS,
EUROPEAN TRIP REMUNERATION SEVERANCE MILEAGE 3.MEETINGS TOTAL
a s a a s
Anderson,R - - - 7,360.27 7,360.27
Brunelle,M. - - - 5,179.73 5,179.73
Pidwerbecki,N. - - - 5,118.90 5,118.90
Johnson,R. 5,435.57 5,435.57
23,094.47 23,094.47
NOTES TO SCHEDULE OF REGIONAL COUNCIL MEMBERS 2006 REMUNERATION AND EXPENSES
(1) Remuneration to the Regional Chair and Councillors is authorized by by-laws#01-2005,408.2004,A09-2004,
#10.2004,#50.95,#61-93,and#142-92.
(2) The Regional Chair is provided with an automobile and is reimbursed for actual expenses incurred.
(3) Regional Councillors are reimbursed as idiom:
Mileage-based on a rate per kilometre.
Conferences,Meetings,etc.-a rate of$60/day for meals,etc.without receipts;however,if the daily rate
is insufficient,actual expenses with receipts are reimbursed.
Accommodation,registration,etc.-reimbursed based on actual receipts.
(4) Expenses relating to Regional Council Study Sessions are rot included in this statement.
(5) Denotes Regional Committee Chair to November 30,2006.
(6) Remuneration is paid to Regional Councillor by the Area Municipality,and the Region reimburses the
Area Municipality.
(7) Denotes Regional Committee Chair from December 1 to December 31,2006.
209 1308
SCHEDULE
REGIONAL COUNCIL MEMBERS
2006 COMPENSATION PAID IN LIEU OF PENSION PLAN
REGIONAL COUNCIL IN LIEU OF PENSION
MEMBERS S
Brenner,M. 2,443.53
Clarke,C. 2,443.53
Crawford.S. 2.443.53
Cullen,A. 2.443.53
Gray,J. 2,443.53
Johnson,R 2,443.53
Jordan,C. 2.443.53
Kolodzie,J. 2,443.53
Lutczyk, R 2.443.53
McLean,W. 2,443.53
McMillen,J. 2,443.53
Neal,J. 2.443.53
Nicholson,B. 2.443.53
O'Connor,L. 2.443.53
Parish,S. 2,443.53
Pearce,M. 2,443.53
Pidwerbecki,N. 2,443.53
Ryan,D. 2.962.03
Shier,K 2.443.53
46,945.57
REGIONAL CHAIR IN LIEU OF PENSION
S
. Anderson,R. 15,127.45
NOTES OUNCI MEMBERS 2008 COMPENSATION PAN)
IN LIEU OF PENSION PLAN
1) Pursuant to by-law p0&2004,members of Regional Council,indu0ing the Chair,Who are not enrolled in OMERS,
are entidW to compensation in Feu of a pension plan.
210 1309
SCHEDULES
REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS
2006 REMUNERATION AND EXPENSES
CONFERENCES,
REGIONAL COUNCIL CONVENTIONS,
APPOINTEES REMUNERATION MILEAGE 8.MEETINGS TO TAL
a a a a
Central Lake Ontario -
Conservation Authority
Brenner,M. 150.00 92.88 - 242.88
Clarke,C. 400.00 - - 400.00
Crawford, S. 150.00 43.86 - 193.86
Drumm,J. 350.00 60.20 - 41020
Emm,G. 400.00 137.60 - 537.60
Gray,J. 250.00 - - 250.00
Kolodzie,J. 350.00 - - 350.00
Neal,J. 300.00 - - 300.00
Pearce,M. 400.00 192.64 - 592.64
Perkins,P. 400.00 96.32 - 496.32
Pingle,P. 450.00 193.50 - 643.50
Schell,J. 2 900.00 151.36 3,051.36
4
Ganaraska Region
Conservation Authority -
Mutton.J. 2,400.00 665.20 - 3,055.20
Trim,C. 400.00 291.20 691.20
4
Kawartha Region _
Conservation Authority
Hodgson,L. 400.00 363.72 - 763.72
MacArthur,D: 500.00 520.80 - - 1,020.80
Marlyn, B. 250.00 80.64 - 330.64
O'Connor,L 550.00 346.50 896.50
1,
Lake Simcoe Region
Conservation Authority
Drew,B. 802.10 585.00 1,387.10
Self,S. 1,172.30 507.15 - 1,679.45
Shier,K. 678.70 439.20 1,117.90
2,653.10 4,164.45
Toronto S Region
Conservation Authority -
Jordan,C. 585.48 263.12 848.60 -
O'Connor,G. 1,756.44 1,170.40 - 2,926.84
Ryan,D.(Note 2) 1,756.44 263.12 2,019.56
4,
211 1310
SCHEDULE3
(continued)
REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS
2006 REMUNERATION AND EXPENSES
CONFERENCES,
REGIONAL COUNCIL CONVENTIONS,
APPOINTEES REMUNERATION MILEAGE &MEETINGS TOTAL
$ $ $ $
Association of Municipalities
of Ontario
Anderson,R 546.93 546.93
546.93 W.93
Durham Region Non-Profit
Housing Corporation
Anderson,R. 6,000.00
Brenner.M. 6,000.00 - -
Brunelle.M.
- - - -
Mutton,J. - -
O'Connor,G. - "
O'Connor.L. - _ - 2,669.20 2,669.20
Perkins.P.
Land Division Committee
Collins,J. 1,050.00 420.76 7.67 1,478.45
Evans,L. 1,650.00. 571.60 43.91 2,265.51
Graham,H. 2,190.00 546.56 26.37 2,762.93
Hedge,M. 1,500.00 135.58 19.08 1,654.66
Hurst.J. 1,950.00 - - 1,950.00
Komarnicld,J.M. 1,800.00 362.95 29.23 2,192.18
Patel,L - -
Sullivan,D. 1,985.00 219.21 - 2,204.21
Sutton,R. 1,650.00 406.06 73.49 2,129.55
Taylor,W. - -
13,7f5.OU 2,662.74 19
Durham Region Police
Services Board
Anderson,R. 6,059.41 - 3,473.55 9,532.96
Drumm,J. 6,059.41 - 2,251.19 8,310.60
Moffatt,D. 13,302.00 1,49321 2,923.19 17,718.40
Ryan,D. 6,059.41 395.00 6,454.41
1,493.21 9,042.93 7
NOTES TO SCHEDULE OF REMUNERATION TO REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS:
1.No remuneration or expenses were paid to Regional Council appointees to the 9.1-1 Management Board,
the Greater Toronto Marketing Alliance,Rouge Park Alliance,the Greater Toronto Transit Authority,
the Durham Region Transit Commission,the Durham Regional Local Housing Corporation,
the Business Advisory Centre Durham,the GTA Agricultural Action Plan Committee,the Hwy.407 East
Environmental Assessment Group,or the Canadian National Exhibition Agricultural Committee.
2.Mayor Ryan donated per diem and mileage payments for 2006 directly to The Conservation Foundation of
Greater Toronto via payroll deduction.
212 1311
(4iy9ton REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 26, 2007 Resolution #:
Report #: FND-007-07 File #: By-law #:mot ODD
Subject: DISCONTINUATION OF FIRE CALL BILLING
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report FND-007-07 be received; and
2. THAT the attached by-law be executed by the Mayor and Clerk to amend By-law
96-32 to eliminate the user fee for "Response to motor vehicle accidents for non-
residents" and replace it with 'Response to motor vehicle accidents for non-
residents on Provincial Highways within the Municipality of Clarington".
3. THAT all outstanding invoices issued for non-residents for accidents that
occurred on non-Provincial Highways that remain uncollectible be written off.
A
Submitted by: Reviewed b c
ncy T lor, B. (A., .A., Franklin Wu,
Director of Finance. Chief Administrative Officer.
NT/LB/na
REPORT NO.: FND-007-07 PAGE 2
BACKGROUND AND COMMENT:
1.0 The Emergency Services Department routinely responds to calls for assistance
from residents and non residents within the Municipality of Clarington. These
calls can utilize the manpower and physical assets of the Municipality for a few
minutes or many hours, depending on the location and severity of the incident.
2.0 For residents of the Municipality of Clarington, the cost of this service is included
as part of their property taxes. For non-residents, we attempt to recover the cost
associated with providing the service by issuing an invoice for the service based
on the number of hours the trucks were on site.
3.0 Billing for Emergency Services has been in place since report FD-9-96 was
approved as of May 1, 1996. See ESD-004-04 attached.
4.0 In order to facilitate the preparation of an invoice for each call, we required the
details that are contained in the accident reports obtained from the Durham
Regional Police Services (DRPS) and the Ontario Provincial Police (OPP).
5.0 The DRPS withheld their reports from Emergency Services in 2006 and while the
OPP did provide some of their reports, it is expected they will only be available
for highway calls in the near future. The OPP and DRPS have expressed
concerns that their provision of these reports may be in contravention of the
Freedom of Information and Protection of Privacy Act.
6.0 There is no requirement for the public to provide information to Emergency
Services staff on scene, nor is there an expectation that this would be provided if
they knew they would be invoiced. Further, there is no provision for
determination of fault unless provided by the police.
7.0 Unlike property related user fees such as fire inspections, motor vehicle related
fees are very difficult to collect and administer. Emergency Services
administration staff review incident reports daily and record responses to motor
vehicle accidents. Requests are then forwarded to the appropriate policing
agencies for information related to these incidents. Once it is determined that a
non-resident driver is at fault for the incident, an invoice is generated and mailed
out. If payment is not received, there are subsequent follow-up procedures that
are carried out by staff in Accounts Receivable. The complete process can take
up a substantial amount of staff hours and can result in the Municipality having to
solicit the services of a collection agency.
8.0 It has always been a challenge to collect these outstanding invoices once issued
to anyone other than the Ministry. The individuals and their insurance companies
have always objected to paying for the service.
1313
REPORT NO.: FND-007-07 PAGE 3
9.0 Currently we have $7,350 in invoices outstanding for 60 days with many well
over 120 days that are due to be sent for collection.
10.0 Due to the situation with OPP and DRPS, the invoicing cannot currently be
administered on a continuous basis since the information is not always available
to determine which party was at fault.
11.0 In 2004 the Municipality billed $56,000 for non-resident fire calls; in 2005,
$121,452; and in 2006, $7,000. Of these amounts in 2004, $35,875 came from
the Ministry of Transportation for responding to incidents on the 401 for which the
OPP reports are required, in 2005 $63,175, and in 2006 $6,650.
CONCLUSION AND RECOMMENDATIONS:
12.0 In summary, Emergency Services has been collecting motor vehicle related user
fees since 1996. The ability to charge for these services has relied principally on
the cooperation from police agencies. The access to reports from the DRPS and
OPP has become uncertain. The resulting 94% reduction in the Municipality's
2006 revenue reflects the impact of having the majority of the reports withheld.
13.0 It is therefore recommended, that By-law 96-32 be amended to eliminate the user
fee "Response to motor vehicle accidents for non-residents," to be replaced with
"Response to motor vehicle accidents for non-residents on Provincial Highways
within the Municipality of Clarington". We further recommend that all outstanding
invoices issued for this service that remain uncollectible for non-Provincial
Highways be written off.
Attachments:
1. Report # ESD-004-04: Amendment to By-law 96-32
2. By-Law# 2007-_
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169
1314
Attachment# 1
C1
REPORT
EMERGENCY AND FIRE SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 23, 2004 Fos
GPq- Ci64-off
Report#: ESD-004-04 File# 10.12.6 By-law#aoo _ v59
Subject: Amendment to By-law 98-32
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-004-04 be received.
2. THAT Schedule D (attached)to By-law 96-32 be amended to include the user
fees charged for response to motor vehicle accidents for non-residents and false
alarms; and
3. THAT the by-law attached to Report ESD-004-04 be approved.
BACKGROUND AND COMMENT
At the meeting of April 12, 1996 Council approved that user fees for non-residents and
false alarms be implemented, as of May 1, 1996, through the adoption of Report FD-9-
96.
In this regard, Schedule D, to By-law 96-32 was never changed to include these user
fees.
91
1315
REPORT NO.: ESD-004-04 PAGE 2
It is recommended that Schedule D (attached),which has been amended to include
user fees for non-residents and false alarms, replace the existing Schedule D attached
by BY-law 96-32.
Submitted b : -�-�
Y Reviewed by:� w
Michael G. Creighton,AMCT, CMM11 Franklin Wu, M.C.I.P.
Director Emergency& Fire Services Chief Administrative Officer
• MGC:sr
Attachment: Schedule D to By-law 96-32
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1 C 3A6 7(905)623-3379 F(905)623-6506
9 ,uL 1316
•
THE MUNICIPALITY OF CLARINGTON
BY-LAW #2004-
Being a by-law to amend By-law 96-3.2, as amended, to require
the payment of fees for information and services provided by the
Municipality of Clarington and for prescribing the amount of such fees
WHEREAS at its meeting held on March 1, 2004, the Council of the Municipality of Clarington
adopted the recommendations contained within Report ESD-004-04:
NOW THEREFORE BE IT RESOLVED that By-law 96-32 be amended by deleting Schedule
"D"thereto and replacing it with the attached Schedule "D".
By-law read a first and second time this 151 day of March 2004.
By-law read a third time and finally passed this I' day of March 2004.
John Mutton, Mayor
Patti L. Barrie,Municipal Clerk
•
1317
• SCHEDULE "D"
TO BY-LAW 96-32
FEES PRESCRIBED BY THE FIRE CHIEF
SERVICEIDOCUMENT FEE
Burning Permits $25.00
Daycare/Home Daycare Centre Inspections $75.00/Inspection
Wood Stove Inspections Requested by Home Owner
And Insurance Companies $50.00/Inspection
Fire Loss Reports Requested by Insurance Companies $75.00/Report
Refreshment Vehicle Inspections $75.00/Inspection
Response to motor vehicle accidents for non-residents $350.00/Unit
Response to false alarms $350.00/Unit
•
7y
1318
Attachment#2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2007-
Being a by-law to amend By-law 96-32, as amended,to
require the payment of fees for information and services
provided by the Municipality of Clarington, and for
prescribing the amount of such fees.
WHEREAS at its meeting held on April 2, 2007, the Council of the Municipality of
Clarington adopted the recommendations contained within Report FND-007-07;
NOW THEREFORE BE IT ENACTED:
1. That By-law 96-32 be further amended by deleting the user fee description
"Response to motor vehicle accidents for non-residents"and replacing
'Response to motor vehicle accidents for non-residents on Provincial
Highways within the Municipality of Clarington:'
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
1319
filar
Leading theWay REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MONDAY MARCH 26, 2007 Resolution#:
Report#: FND-008-07 File #: By-Law #:
Subject: COMPLAINT BY R. SIVAKUMAR OF EASTMAN STEVE'S HOLDINGS
LTD. UNDER SECTION 20 OF THE DEVELOPMENT CHARGES ACT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-008-07 be received;
2. THAT the objection to development charges levied on 216 King St. East
Newcastle by Eastman Steve's Holdings Ltd. be received and the decision of the
Chief Building Official be upheld; and
3. THAT Eastman Steve's Holdings Ltd. be notified of Council's decision.
Submitted by. Lv" Reviewed by.
Nancy T lor, B. ., C.A., Franklin Wu,
Director of Finance. Chief Administrative Officer.
NT/na
1320
FND-008-07 Page 2
BACKGROUND:
1.0 Council held a hearing into a municipal development charges complaint on
Mbnday, February 26, 2007. Mr. Aru made a presentation to Council on behalf
of Mr. R. Sivakumar of Eastman Steve's Holdings Ltd. regarding a gas bar
canopy being constructed at 216 King St. East, Newcastle. A copy of Mr.
Sivakumar's submission is attached (Attachment A).
1.1 Under By-Law 2005-108, development charges are payable in respect of the
development of residential and non-residential buildings or structures at the rates
set out in Schedules "1" and "2° of the By-Law, subject to certain exemptions set
out in the By-Law. With respect to the building in question, it is 'non-residential'
as the term 'non-residential' is defined in subsection 1(1) of the By-Law.
Accordingly, the non-residential development charge per square metre rate
would be payable in respect of this development unless they are exempted from
the development charge by an exemption provision contained in By-Law 2005-
108.
1.2 Whether or not development charges are payable in respect of any development
is determined in the first instance by the Chief Building Official when an
application for a building permit is received. His determination is based on the
characteristics of the development that is proposed, other evidence provided by
the applicant to establish the use to which the development will be put, and the
provisions of the Development Charges By-Law.
1.3 The Chief Building Official, in interpreting the By-Law, concluded that the building
in question was non-residential with no exemption eligibility. While Mr.
Sivakumar's letter is focused only on dollar value, the verbal presentation by Mr.
Aru questioned whether development charges are applicable to a canopy.
1.4 Section 20 of the Development Charges Act is attached for the information of
Council (Attachment B). A person can only file a complaint on the grounds
specified in S.20.(1) (a)to (c). They can complain that the amount was incorrectly
determined, a credit should have applied, or that there was an error in the
application of the by-law. Mr. Sivakumar did not base his letter on any of these
items. However, staff did review the wording of the by-law with respect to a gas
bar canopy.
1.5 The Building Code Act from the 1997 Ontario Building Code defines a building as
"a structure occupying an area greater than 10 sq. m. consisting of a wall, roof
and floor or ANY OF THEM OR A STRUCTURAL SYSTEM SERVING THE
FUNCTION THEREOF...".
1321
FND-008-07 Page 3
1.6 Clarington's Development Charges By-Law Number 2005-108 defines total floor
area including the following: 'Where a building does not have any walls, "total
floor area" means the sum total of the area of land below the roof of the building
and the total areas of the floors in the building." This was specifically included in
order to include canopy-type structures in the calculation of development charges
payable.
1.7 The amount of development charges payable by Mr. Sivakumar is $5,767.76 for
Clarington and $7,961.72 for the Region of Durham.
CONCLUSION:
2.0 As mentioned above, the applicant could not establish that there was an error in
the application of the by-law. As a result, development charges are levied under
the By-Law. It is recommended that this decision be upheld. Council cannot
provide relief to Mr. Sivakumar as this could only take the form of a grant, which
is prohibited under the Municipal Act. Mr. Sivakumar can appeal this decision to
the OMB.
Attachment "A": Complaint from Mr. Sivakumar of Eastman Steve's Holdings Ltd.
Attachment "B": Section 20 of the Development Charges Act
Interested Parties:
Eastman Steve's Holdings Ltd.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1322
Attachment A
107FEB06 An 9:39.19
Eastman Steve's Holdings Ltd.
216 King Street East
Newcastle, ON
MB 1H5
To:
Patti 1. Barrie
40 Temperance St.
Bowmanville,ON
LiC 3A6
Dear Ms. Barrie,
We have been developing our commercial property at 216 King Street East. To date we
have spent over$20, 000 in fees and permits including the Parkland Contribution as well
as for the Site Plan Agreement. We have also applied for a permit to build a canopy for
the existing gasoline station on this property and were informed that we would be
charged an additional development fee of approximately$14, 000 extra Considering that
the total cost of building the canopy itself will be approximately$30,000, and we have
already paid over $20, 000 in permits and fees,we would really appreciate if this
additional fee of$14, 000 can be waived. This fee would nearly double the cost of
building the canopy. These numerous fees have made it very difficult for us to continue
the development of our property which we hope will be an asset to the denizens of
Newcastle. We thank you for your time and consideration.
Sincere ,
Thyagarajah Sivakumar
1323
Attachment B
Complaint to council of municipality
20• (1)A person required to pay a development charge, or the person's
agent, may complain to the council of the municipality imposing the development
charge that,
(a) the amount of the development charge was incorrectly
determined;
(b) whether a credit is available to be used against the development
charge, or the amount of the credit or the service with respect to which
the credit was given, was incorrectly determined; or
(c) there was an error in the application of the development charge
by-law. 1997, c. 27, s. 20 (1).
Time limit
QA complaint may not be made under subsection (1) later than 90
days after the day the development charge, or any part of it, is payable. 1997,
c.27, s. 20 (2).
Form of complaint
MThe complaint must be in writing, must state the complainant's
name, the address where notice can be given to the complainant and the reasons
for the complaint. 1997, c. 27, s. 20 (3).
Hearing
The council shall hold a hearing into the complaint and shall give the
complainant an opportunity to make representations at the hearing. 1997, c. 27,
s. 20 (4).
Notice of hearing
MThe clerk of the municipality shall mail a notice of the hearing to the
complainant OU9W 1.4,days before the hearing. 1997, c. 27, s. 20 (5).
Council's powers
f6iAfter hearing the evidence and submissions of the complainant, the
council may dismiss the complaint or rectify any incorrect determination or error
that was the subject of the complaint. 1997 c. 27 s. 2
Notice of decision and time for appeal
21. (I)The clerk of the municipality shall mail to the complainant a
notice of the council's decision, and of the last day for appealing the decision,
which shall be the day that is 40 days after the day the decision is made. 1997,
c. 27, s. 21 (1).
1324
Requirements of notice
( The notice required under this section must be mailed not later than
20 days after the day the council's decision is made. 1997, c. 27, s. 21 (2).
Appeal of council's decision
22. (11A complainant may appeal the decision of the council of the
municipality to the Ontario Municipal Board by filing with the clerk of the
municipality, on or before the last day for appealing the decision, a notice of
appeal setting out the reasons for the appeal. 1997, c. 27 s. 22 1 .
PP ( )
Additional ground
JQA complainant may also appeal to the Ontario Municipal Board if
the council of the municipality does not deal with the complaint within 60 days
after the complaint is made by filing with the clerk of the municipality a notice of
appeal. 1997, c. 27, s. 22 (2).
1325
Q rin�ton ing the Way REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 26, 2007
Report#: CAO-06-07 File: By-law #:
Subject: REQUEST TO REZONE SURPLUS PROPERTY
3289 TRULLS ROAD, COURTICE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CAO-06-07 be received; and
2. THAT Council authorize the Chief Administrative Officer to make application for
rezoning of the municipal surplus property located at 3289 Trulls Road, Courtice;
3. THAT Council authorize the Chief Administrative Officer to have the necessary reports
prepared, a Phase 1 Environmental Site Assessment, an Environmental Impact Study
and engineering/survey plans;
4. THAT the municipal planning application review fees be waived and that the Region of
Durham and Central Lake Ontario Conservation be requested to waive their planning
application review fees; and
5. THAT the funds required to prepare the site for sale be drawn from the Municipal
Acquisition Reserve Account 110-50-130-85002-7401.
Submitted by:
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379F (905)623-5717
1401
REPORT NO.: CAO-06-07 PAGE 2
1. BACKGROUND
In November of 2001 the Municipality acquired the property located at 2611
Trulls Road, Courtice, for a new fire station. The site was developed and the
new station has been operational since 2005. The former fire station at 3289
Trulls Road was subsequently closed.
Report PSD-102-06 was presented to Council on September 25, 2006
recommending that the property be declared surplus and offered for sale. The
report indicated that the Chief Administrative Officer was in negotiations with the
Region with respect to using the property for an EMS station and that Council
would be informed when negotiations were concluded. The Region has
completed their assessment of the property and has determined that it is not
suitable for an EMS station. No other municipal use has been identified.
2. COMMENTS
This property is designated Urban Residential and Environmental Protection in
the Clarington Official Plana The EP designation covers a small section of the
south east corner. The Natural Heritage System Map C1 indicates that a
tributary of Farewell Creek runs through the eastern portion of the property.
Attachment 1 shows that the eastern section also contains a provincially
significant wetland. The site is zoned Agricultural (A) and Environmental
Protection (EP) under the former Town of Newcastle By-law 84-63. The majority
of the site is zoned Environmental Protection. The agricultural zone is located in
the north west corner fronting on Trulls Road and in the south east corner. The
majority of the building and the parking lot is located within the Environmental
Protection zone as shown on Attachment 1.
As this property is not required for municipal use, it should be developed in
conformity with the designated land use of Urban Residential. One option is to
demolish the building and remove the asphalt to permit the development of
residential lots fronting on George Reynolds Drive. Another option is to offer the
1402
i
REPORT NO.: CAO-06-07 PAGE 3
building for sale to a community organization that would use the existing building
and parking lot. Regardless of which option Council wishes staff to pursue, the
Agricultural zone in the south east comer would be rezoned to Environmental
Protection and all of the lands outside of the area proposed for redevelopment
would remain in the Municipality's ownership.
Supporting documentation will be submitted with the rezoning application. A lot
grading plan and a servicing plan would be required and, given the building's
former use as a fire station, a Phase 1 Environmental Site Assessment would
also necessary. The costs of the lot grading and servicing plans and the ESA
are estimated at approximately $6,000.00.
Section 4.4.24 of the Clarington Official Plan states that an Environmental Impact
Study (EIS) be undertaken for development applications located on lands within
or adjacent to any natural heritage feature. Central Lake Ontario Conservation
has provided a preliminary review of the proposed residential development and
have determined that an Environmental Impact Study would be required as part
of the application approval process. The estimated cost of the Study is
$3,000.00.
The demolition of the building is estimated between $50,000.00. - $75,000.00, if
it is determined that this option is to be pursued.
3. CONCLUSION
This property is no longer required for municipal use. The building sits in the EP
zone and the site can not be used for any use other than public without the
approval of a rezoning application. The sale of the property will recover the costs
required to prepare the site for sale. Proceeds will replenish the Municipality's
Property Acquisition Reserve Fund.
1403
REPORT NO.: CAO-06-07 PAGE 4
In order to ensure the Planning Services Department will deal with this
application at arms-length, it would be necessary to authorize the Chief
Administrative Officer to act as agent for the Municipality for the purpose of filing
the rezoning application and engaging the appropriate consultants to complete
the necessary documentation for the application to proceed.
Attachment 1 —Aerial photo with EP boundary and wetland complex
1404
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UNFINISHED BUSINESS
Leading the■�Wa„y■/ . .REPO RT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Monday, March 26, 2007
Addendum To
Report#: PSD-083-06 File No's: ROPA 2004-006, COPA 2004-007 By-law#:
& ZBA 2004-055
Subject: APPLICATIONS BY AYT CORPORATION TO AMEND THE DURHAM REGIONAL
OFFICIAL PLAN, THE CLARINGTON OFFICIAL PLAN, AND THE MUNICIPALITY OF
CLARINGTON ZONING BY-LAW 84-63 TO PERMIT A LARGE-FORMAT RETAIL
CENTRE ON THE NORTH-WEST QUADRANT OF HIGHWAY 401 AND BENNETT
ROAD, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-083-06 be lifted from the table;
2. THAT Report PSD-083-06 and Addendum Report to PSD-083-06 be received;
3. THAT Council Resolution #C-110-09 be RESCINDED;
4. THAT the applications submitted on behalf of AYT Corporation to amend the Clarington Official
Plan (COPA 2004-007) and to amend the Municipality's Zoning By-law 84-63 (ZBA 2004-055) to
permit a large-format retail complex with approximately 583,600 sq. ft. of total gross floor area at
the northwest corner of Highway 401 and Bennett Road BE REFUSED;
5. THAT the Region of Durham be advised that the Municipality of Clarington recommends that the
application submitted on behalf of AYT Corporation to amend the Durham Regional Official Plan
(ROPA 2004-006) BE REFUSED; and
6. THAT a notice of Council's decision be forwarded to the Region of Durham and all persons or
bodies who requested notification of this decision.
Submitted by: Reviewed by:
4rof M.C.I.P., R.P.P. Franklin Wu,
ing Services Chief Administrative Officer
DJC/RH/df
21 March 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
1 501
REPORT NO.: ADDENDUM TO PSD-083-06 PAGE 2
1.0 BACKGROUND
1.1 The Commercial Policy Review (CPR) was the first component of the review of the
Clarington Official Plan. It was initiated in response to commercial development
applications in the Bowmanville West Main Central Area, which could not be considered
without a "comprehensive review of the Official Plan". The Clarington Commercial Policy
Review: Final Report was forwarded to Council under separate cover. The CPR
resulted in Official Plan Amendment 43 (OOPA 43).
1.2 The CPR also provided for a second phase of study, which was linked to consideration
of private development applications in the Bowmanville West Main Central Area and
provided recommendations to update the Secondary Plan. The Secondary Plan update
was implemented through Official Plan Amendment 44 (OPA 44).
1.3 Several reports have been prepared on the development applications by AYT
Corporation (AYT). Most recently report PSD-083-06, previously considered by the
General Purpose and Administration Committee on June 19, 2006, was tabled. This
Addendum to Report PSD-083-06 seeks to determine Council's position on the
outstanding AYT applications. In light of AYT's appeal of portions of Amendment 43 to
the Clarington Official Plan, it is desirable to finalize a position on these outstanding
applications prior to the Ontario Municipal Board convening a pre-hearing conference.
2.0 AYT RETAIL PROPOSAL
2.1 The AYT lands are located at the northwest quadrant of the Bennett Road interchange
of Highway 401 in Bowmanville. This 21.85 ha site is the subject site of the
development proposal (see Attachment 1: Report PSD-083-06-Attachment 1). The AYT
applications propose to amend the Durham Regional Official Plan, the Clarington
Official Plan and the Zoning By-law to permit a total of 583,600 sq. ft. of large-format
commercial floor space consisting of:
an 80,000 sq. ft. home improvement store;
a 145,000 sq. ft. warehouse membership club;
225,000 sq. ft. of additional retail floor space in approximately 9 medium format-retail
stores;
35,000 sq. ft. of restaurant space in 7 separate pads; and
a 5 storey hotel and convention centre.
2.2 On June 28, 2005, Staff reported on the applications by AYT to amend the Clarington
Official Plan and the Municipality's Zoning By-law. Report PSD-097-05 is contained in
Attachment 1: Report PSD-083-06-Attachment 2. Staff recommended that the
applications be refused on the following basis:
• Retail market impacts from the AYT project are significant.
• Retaining the site for industrial uses is important for diversity of employment
opportunities.
1502
REPORT NO.: ADDENDUM TO PSD-083-06 PAGE 3
Retaining key employment sites along Highway 401 is vital for Clarington to achieve
its industrial development and employment goals.
A big box centre is contrary to the intent of, and would indeed thwart, the
Municipality's science and technology initiative. It is an incompatible and competing
vision for the area.
The designation of the AYT lands for commercial uses does not support or
contribute to good urban form or transit-oriented development and it would diminish
the focus of retail growth along the King Street spine.
Approving the AYT application would "lock in" the Bennett Road interchange and
would have a major impact on the planned transportation network in Bowmanville for
a new interchange at Lambs Road to serve East Bowmanville.
2.3 At the June 28, 2005 meeting, Council referred the report back to staff for further
consideration. AYT had proposed two significant items of interest to Council. The first
was the promise to try to attract a hotel to the site at Bennett Road and Highway 401.
Specifically, the proponent indicated that it could attract a Hilton Hotel and Conference
Centre. The second was a proposal to extend services to the east Bowmanville
Industrial Area "as a public benefit".
2.4 On March 1, 2006, Staff reported on the Commercial Policy Review including the
recommended amendments to the Clarington Official Plan and Zoning By-law. It also
dealt with the various commercial development applications including those by AYT,
Halloway Holdings Inc., West Diamond Properties Inc. and Loblaw Properties Inc. The
proposals from AYT with respect to the servicing of the East Bowmanville Industrial
lands and a hotel were also reported on at that time.
2.5 With respect to the AYT applications staff recommended:
THAT the applications submitted on behalf of AYT Corporation to amend the
Clarington Official Plan (COPA 2004-007) and to amend the Municipality's Zoning
By-law 84-63 (ZBA 2004-055) to permit a large-format retail complex with
approximately 54,215 sq. m. of total gross floor area at the northwest corner of
Highway 401 and Bennett Road BE REFUSED; and,
• THAT the Region of Durham be advised that the Municipality of Clarington does not
support the approval of the application submitted on behalf of AYT Corporation to
amend the Durham Regional Official Plan (ROPA 2004-006).
2.6 The Resolutions of the March 1, 2006 Council meeting are attached (see Attachment 1:
Report PSD-083-06-Attachment 3). Council did not adopt Staffs recommendations
noted above with respect to the AYT application but rather adopted an amending
Resolution #C-110-06 which reads as follows:
THAT Recommendations 12 and 13 be replaced with the following:
12. THAT the application submitted on behalf of AYT Corporation to
amend the Clarington Official Plan and the Region of Durham Official
1503
REPORT NO.: ADDENDUM TO PSD-083-06 PAGE 4
Plan to permit a large-format retail complex with approximately 54,215
sq. m of total gross floor area at the north-west comer of Highway 401
and Bennett Road be referred back to staff;
13. THAT the application submitted on behalf of AYT Corporation to
amend the Municipality's Zoning By-law to permit a large-format retail
complex with approximately 54,215 sq. m of total gross floor area at
the north-west comer of Highway 401 and Bennett Road be refused;
THAT Recommendation 17 be renumbered Recommendation 20 and
that the following new items be added:
17. THAT staff be directed to prepare a position in support of an urban
boundary expansion in the Durham Regional Official Plan Review to
incorporate the 57 acre parcel owned by AYT Corporation on the
north-east corner of Highway 401Bennett Road interchange;
18. THAT staff be directed to bring forward an amendment to the
Clarington Official Plan to a Public Meeting that provides for
i. The 54 acre parcel of land owned by AYT Corporation on the
north-west side of Highway 401Bennett Road interchange being
designated as Prestige Employment Area to permit, among other
things, a hotel and conference centre;
ii. The 57 acre parcel of land owned by AYT Corporation on the
north-east side of Highway 401Bennett Road interchange being
designated as a Special Policy Area in the Official Plan that would
allow fora 45,000 sq. m. large format retail centre to be zoned
sometime after March 1, 2016 provided that the Municipality's
population is greater than 116,000 persons and that a full-service
hotel and conference centre with a minimum of 100 rooms, a
restaurant, and two meeting rooms of approximately 3,000 sq. ft.
each is constructed at the Bennett Road interchange;
iii. The retention of Bennett RoadiHighway 401 interchange and the
designation of Bennett Road as a Type B Arterial Road.
19. THAT prior to advertising the Public Meeting on the proposed
amendment to the Clarington Official Plan, that staff be directed to
conclude arrangements with AYT that provides for.,
i. AYT to front-end 50% of the cost of extending sanitary sewer
services along Baseline Road to Bennett Road and the
replacement of the deficient section of sanitary sewer between
Haines Avenue and Soper Creek, at such time as any other
developer in the Bowmanville industrial lands gives written notice
to AYT and the Region that it is prepared to enter into a front-
ending arrangements to extend sanitary sewer services;
ii. AYT to make immediate payment to the Region for transmittal to
Holbum Biomedical for repayment of AYT's share of the cost of
1504
REPORT NO.: ADDENDUM TO PSD-083-06 PAGE 5
extending water supply services to the area according to a front-
ending servicing agreement with the Region;
iii. AYT to pay its front-ending payment under any fronting-ending
agreement for the construction of storm-water management
facilities at such time as the Municipality issues a certificate of
completion for such facilities;
iv. At the time of final approval of the rezoning of the lands for large
format retail uses at Bennett Road, that AYT contribute $1.62 per
square foot approved (adjusted to by the consumer price index
from March 1, 2006) to the Municipality in 5 equal annual
installments for expenditure in funding programs in support of the
Clarington business improvement areas (B/As) and/or capital
improvements projects and grants for an approved community
improvement area;
V. That AYT be responsible for all costs in preparing such
agreements and defending such decision of Council.
2.7 After Council adopted Resolution #C-110-06, staff requested clarification from AYT with
respect to their position on the financial conditions contained in the resolution. There
was no substantive response on these particular issues, however, the AYT
representatives referenced the previous correspondence based on the approval of their
applications or an agreed-to compromise.
2.8 On April 4, 2006 AYT filed a Notice of Appeal of OPA 43 (see Attachment 1: Report
PSD-083-06-Attachment 4). The Notice of Appeal noted that they had requested that
the Municipality deal with the AYT application at the same time as the CPR so that the
decisions on all matters would be consistent. It was the applicant's view that Council
had given a "go-forward plan for approval of the AYT development° and that this needed
to be reconciled with OPA 43 and any implementing zoning by-law.
2.9 AYT did not file an appeal on Council's refusal of their zoning application.
2.10 On May 26, 2006, AYT's solicitor submitted a letter to narrow the scope of their appeal
of OPA 43 to be specific to the lands that they own on the east and west sides of
Bennett Road and only with respect to the following sections of OPA 43:
• Section 16 —An objective to discourage "auto-oriented building forms";
• Section 21 — A new policy that indicates that no new Town or Village"Centre,
Highway Commercial district or expansion to any of these Centres or Districts will be
permitted unless part of a comprehensive review of the Official Plan. The policy also
encourages the development and intensification of the Bowmanville East and West
Town Centres prior to designating new Centres or Districts;
• Section 53 — Deletion of a policy that allowed retail warehouses by amendment to
the Official Plan in Highway Commercial Areas;
• Section 58 — Deletion of a policy that allowed large-scale retail warehouses by
amendment to the Official Plan in Light Industrial Areas.
1505
REPORT NO.: ADDENDUM TO PSD-083-06 PAGE 6
2.11 As staff were preparing to report to Committee on the Durham Regional Official Plan
Review, a meeting was convened with AYT representatives on June 12, 2006 to
ascertain their position on Council Resolution #C-110-06. This was needed in light of
the directive of Council to provide a position of support for an urban boundary
expansion to accommodate the proposed commercial project on other lands AYT owns.
At the meeting, AYT's representatives advised that Municipality's proposal to provide an
u rban boundary expansion for the lar
e-format commercial project was highly
y
speculative in light of the pending Provincial Growth Plan. AYT did not view Council
Resolution C#110-06 as an acceptable compromise.
2.12 On June 19, 2006, staff reported with a recommended position on the Durham Regional
Official Plan Review (PSD-084-06). At that time, the Region proposed Urban Boundary
Expansion Areas in Clarington that did not include the AYT East Parcel. Staff made
recommendations to Council on various proposed urban boundary expansions but
requested direction from Council on the position to take with the AYT lands.
Through a companion report (PSD-083-06) staff reported in more detail on the status of
discussions with AYT. Since Council Resolution #C-110-06 was not acceptable to AYT,
staff sought further direction from Council
The GPA Committee and subsequently Council adopted a position on the Durham
Regional Official Plan that did not support an urban boundary expansion for AYT lands.
Committee also tabled consideration of Report PSD-083-06.
2.13 All of the appeals related to the Commercial Policy Review have been settled with the
exception of AYT. This has been deferred to-date to allow the Municipality to deal with
the other appeals and for the Municipality to finalize its position on the development
applications by AYT. The OMB is anxious to schedule a pre-hearing conference to deal
with this appeal. Most recently, on March 7, 2007, the OMB contacted the solicitors for
AYT and the Municipality with respect to progress on the consideration of the
applications. The OMB has been advised that Council will be considering a report on
the outstanding AYT applications and will be advised of the decision sometime after
April 2, 2007.
3.0 COMMENTS
3.1 On June 13, 2006 the Growth Plan for the Greater Golden Horseshoe came into effect.
The Growth Plan establishes a process with provincial oversight on "where and how to
grow". Among the important factors for Durham are reduced growth forecasts than
previously used by the Region, strong controls on urban boundary expansions and a
requirement for 40% of new development to be achieved through intensification of built-
up areas.
3.2 The Provincial Growth Plan would effectively prevent the Municipality and the Region
from making an arrangement with AYT on the basis of an urban boundary expansion.
The compromise arose from Council's desire to see the AYT lands on the west side of
Bennett Road be retained for industrial purposes, within the context of the Clarington
1506
REPORT NO.: ADDENDUM TO PSD-083-06 PAGE 7
Science and Technology Park initiative. The premise of Council resolution #C-110-06,
specifically the urban boundary expansion, is no longer valid.
3.3 Staff note that Council's direction to staff to prepare a position in support of an urban
boundary expansion to accommodate AYT's commercial proposal on the east side of
Bennett Road was implicitly rescinded when Council took a position not to support an
urban boundary expansion during the consideration of the Durham Regional Official
Plan.
3.4 The AYT application can only be considered in the context of the applicant's proposal
for large-format retail development on the West Parcel. In this regard, Council must
determine whether this large-format retail proposal is appropriate in the long term
interests of the Municipality.
3.5 Staff do not support the approval of the development applications by AYT on the basis
of the planning and market rationale outlined in previous reports and summarized in
Section 2.2.
3.6 One of the other components of Council's resolution was that the AYT large-format retail
centre be permitted by official plan policy to only be zoned after 2016, thereby phasing
this proposal to address potential impacts on the planned function of Town Centres and
other retail commercial areas. Staff does not support this approach for the following
reasons:
• The retail market analysis undertaken for the Commercial Policy Review does not
provide a sound basis for this proposed phasing. The retail market analysis was
undertaken on the basis of consumer surveys in 2003. The analysis becomes less
accurate over time as shopping patterns, merchandising and consumer preferences
change.
• Assuming AYT was designated to be constructed in 2016, this would soak up retail
capacity that would potentially prohibit the Municipality from considering any other
commercial applications in Bowmanville, Courtice or Newcastle through this period.
It would effectively have to be considered as approved floorspace. As a result, this
leaves the Municipality with a lack of flexibility to address evolving trends and
proposals. For example, through the Growth Plan conformity exercise, there would
be less potential to consider mixed-use developments in intensification areas which
include ground floor retail.
3.7 The General Purpose and Administration Committee heard the update presentation on
the Science and Technology Park Study on January 22, 2007. Background research
confirmed that in comparison with other sites in Durham Region, the Employment Lands
near Bennett Road, including the AYT site, is a superior industrial site with a competitive
advantage over many other sites. There is the opportunity to plan and develop these
lands as a superior business park.
1507
REPORT NO.: ADDENDUM TO PSD-083-06 PAGE 8
3.8 Any designation for commercial purposes, even with a deferred construction timeline;
would have the effect of impacting land values and negating Council's other objective
for early economic development of the East Bowmanville lands, specifically the Science
and Technology Park Initiative.
II
4.0 CONCLUSION
4.1 It is staffs ongoing position that the AYT application does not represent good planning
for the Municipality for the reasons identified in previous reports. Accordingly, it is
recommended that Council's Resolution #C-110-06 be rescinded and that the private
application to amend the Clarington Official Plan (COPA 2004-007) be REFUSED.
4.2 It is further recommended that the Region of Durham be requested to deny the
application submitted to amend the Durham Regional Official Plan (ROPA 2004-006).
4.3 The application to amend the Municipality's Zoning By-law 84-63 (ZBA 2004-055) was
refused by Council on March 1, 2006 and has not been appealed by the applicant.
Attachments:
Attachment 1 — Report PSD-083-06
List of interested parties to be advised of Council's decision:
Henry Joseph Brian O'Connor
Ad Yasa Richard Marchant
Ron Worboy David Butler, The Butler Group Inc.
B. Westerman Peter Smith, Bousfields Inc.
Bob Hann, Valiant Property Mgmt. Bryce Jordan. G.M. Sernas Associates
John Vanderkooi Carmela Cupelli
Gwen Wallace Scott Houghton
Lyn Townsend, Lynda Townsend-Renaud Law Nancy Lewis
Brent Clarkson, MHBC Planning Limited Maryann Fines
Heather Muir E.C. Braham
Carol Duffy Sue Sedlak
Bruce Curl N. Gummon
Jim and Suzanne Gregory Otto Provenzano
Stan Stein, Oster Hoskin & Harcourt S. Fraser
Todd Gibbon Bill Hinbert
Bill Humber Doug Finnson and Terri Bickwell-Potts
Linda Moore Duncan McPherson
Ron Hooper Trevor Small
George Kloos Ellen Cowan
Richard Lange Peter Vogel
Leroy Clarke Ray and Joyce Atkinson
Ted Watson Margaret Zwart
Hannu Halminen, Halminen Homes Limited Ira Kagan, Kagan, Shastri, Barristers & Sol.
Jennifer Stone, This Week Newspapers Brian Fraser
1508
ADDENDUM TO REPORT NO. : PSD-083-06 PAGE 9
Mark Rowe Jim Russell
Rudi Van Wijngaarden John Shewchuk, Royal LePage Frank Real
Paul & Anne-Marie Halliday Estate
John Huber Paul Wilson
James Scarth Philip Brent
John and Lilian Bouma Peter Walker, Walker Nott Dragecivic
B. Haines Associates Limited
Lilly T. Hinton Steve Zakem, Aird & Berlis LLP
Mary-Ann Kalotai Scott Arbuckle, Planning & Engineering
Diane James Initiatives Ltd.
Constantino'Bruno David Crowell, A & P Properties Limited
Richard Rekker Terry and Phyllis Price
Alan Vaillancourt Roslyn Houser, Goodmans LLP
Mavis Carlton Lawson Gay, Gay Company Limited
Rick Hofstede Robert Bond
The Greater Toronto Transit Valentine Lovekin
Robert DeGasperis, Metrus Properties Inc. Gary Thertell
Yolanda Gjaltema Ron Stead
Marianne Zwyers Catherine Whyte
Lakeshore Group Tenzin Gyaltsan, Newcastle IGA
Carmine Cupelli Ron Carlyle
George Ibanez Beatrice & Ron Whyte
Lawrence Hellinga Elliot & Joan Tremeer
R. Tukker Eugene Dupuis
A. Sorg Paul Mark, Petro Canada
Bryan MacLean Andrea Gabor, Urban Strategies Inc.
Linda Hallett and George loanidis Murray Patterson
Doug Woods Ernest Bumie
Frank W. Lockhart Blair McEven
J. Sproatt Kevan Hoskin
Mike Dome Jayne Salisbury
Celeste Terry, Durham Regional Planning Karen & Leon Devera
Gail Rickard Allan Frank
James Vinson Connie Gawley
Ian Smith Ton & Sally Barrie
Anthony Turnbull Walter Schleiss
Evelyn Rosario
Suzanne McCrimmon, Clarington Board of
Trade
1509
�ua�I I I I im u
To Addendum Report PSD-083-C
Clarin n
Leadin fhe Wo
g � REPORT
PLANNING SERVICES
Meeting:; GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Monday, June 19, 2006
Report #: PSD-083-06 File No's: ROPA 2004-006 & COPA 2004-007 By-law#:
Subject: APPLICATIONS BY AYT CORPORATION TO AMEND THE DURHAM
REGIONAL OFFICIAL PLAN AND THE CLARINGTON OFFICIAL PLAN TO
PERMIT A LARGE FORMAT RETAIL CENTRE ON THE NORTH-WEST
QUADRANT OF HIGHWAY 401 AND BENNETT ROAD, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-083-06 be received; and
2. THAT Council provide direction to staff on the AYT applications to amend the Clarington
Official Plan (COPA 2004-007) and the Durham Regional Official Plan (ROPA 2004-
006).
Submitted by: Reviewed by:
4CroDay . me, M.C.I.P., R.P.P. ranklin Wu,
Director of Planning Services Chief Administrative Officer
DJC/sn/df
June 14, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-0830
1510
REPORT NO.: PSD-083-06 PAGE 2
1.0 BACKGROUND
1.1 The AYT Corporation (AYT) owns lands located at the Bennett Road interchange of
Highway 401 in Bowmanville. On the northwest quadrant of Bennett Road interchange
is a 21.85 ha site (West Parcel), the subject site of the development proposal (see
Attachment 1). On the northeast quadrant of the Bennett Road interchange, AYT owns
a 21,15 ha parcel (East Parcel) outside of the Bowmanville Urban Area that is currently
designated Prime Agricultural Area.
1.2 The applications to amend the Clarington Official Plan and the Clarington Zoning By-law
were submitted on November 25, 2004. A related amendment to the Durham Regional
Official Plan was also submitted. The purpose of AYT's application is to redesignate
industrial land for use for large format commercial purposes. AYT originally proposed
540,000 square feet of retail and service floorspace. It was subsequently revised to
propose 583,600 square feet of floor area, including a hotel and convention centre, a
home improvement store and a warehouse membership club.
1.3 Through the course of the Commercial Policy Review, private development proposals
provided two competing visions of where and how new commercial growth could be
accommodated:
Expansion of an Existing Mixed-Use Town Centre
West Diamond Properties Inc. and Players Business Park Ltd. (West
Diamond) and Halloway Holdings Inc. (Halloway) submitted applications
that proposed the build-out and expansion of the BWMCA. This allowed
for the growth and development of a mixed-use "town centre" with
existing recreational, institutional and residential development that could
accommodate some larger format stores.
Creation of a new Single-Purpose Retail Centre
The AYT application provided for the establishment of a new large-
format centre on the east side of Bowmanville near Highway 401. The
provided for a single-purpose retail destination quite isolated from
residential areas.
1.4 The Commercial Policy Review considered the AYT applications for large format retail
uses at Bennett Road. The consultants retained by the Municipality do not support the
approval of this development as part of the Municipality's commercial structure from
both a market impact and land use planning perspectives. On June 27, 2005, staff
submitted Report PSD-097-05 (Attachment 2), which recommended that the AYT
applications to the Municipality be refused and it be recommended to the Region that
the application to amend the Regional Official Plan be refused. The rationale for staffs
position is contained in the Report PSD-097-05. At that meeting, Council referred the
report back to staff. The report was reconsidered on July 15, 2005 Special Council
Meeting and again referred back to staff.
1511
REPORT NO.: PSD-083-06 PAGE 3
1.5 The representatives of AYT made deputations verbally and in writing at various
meetings that the consideration of their application would provide two public "benefits"
to the Municipality. AYT indicated that they would attract a major hotel to the Bennett
Road site and that they would contribute to the early extension of services to the east
Bowmanville industrial lands.
1.6 At a Special Council Meeting on March 1s', 2006, Council considered Report PSD-027-
06 on the Commercial Policy Review. In that report, staff provided an analysis of the
proposed public benefit on the basis of the information received at that time concluded
that there did not appear to be any public benefit in approving the application in order to
advance the servicing of the industrial area or attracting a hotel and conference centre.
In that report, staff again recommended the refusal of all of the AYT applications
1.7 In considering the staff report, Council, among other things, adopted Official Plan
Amendments 43 and 44 (OPA 43 and OPA 44) to implement the Commercial Policy
Review and the Bowmanville West Main Central Area Secondary Plan Review. Council
refused the AYT rezoning application but referred the applications by AYT to amend the
Clarin ton Official Plan back to staff and
Durham Regional Official Plan and the g
provided direction that included the following:
Staff were directed to prepare a position in support of an urban boundary
expansion for the other AYT lands on the north-east quadrant of Highway 401
and Bennett Road (East Parcel);
Staff were directed to bring forward an Official Plan Amendment to a public
meeting that would redesignate the subject lands (West Parcel) to Prestige
Employment; the East Parcel as a Special Policy Area that would permit large
format retail uses after 2016 and to retain the Bennett Road interchange; and
Prior to a public meeting on the aforementioned Official Plan Amendment,
staff were to conclude arrangements with AYT that would provide for the
advancement of servicing to the industrial lands on the east side of
Bowmanville.
The full resolution of Council is provided on Attachment 3.
1.8 At this point in time, staff have not completed any arrangements with respect to the
extension of services as requested in Item 19 of Resolution 110-06. The response from
AYT representatives is detailed below. However, due to the Region's timing on the
consideration of urban boundary expansions, staff requires further direction from
Council.
2.0 APPEAL OF OPA 43
2.1 On April 4, 2006, in response to Council's adoption of OPA 43, AYT Corporation filed a
Notice of Appeal of the Amendment (Attachment 4). The Notice of Appeal notes that
OPA 43 is not consistent with the AYT applications and as a result they had requested
Council "deal with the Commercial Policy Review, the development applications in West
Bowmanville and with their own application at the same time so that the decisions on all
1512
REPORT NO.: PSD-083-06 PAGE 4
matters would be consistent." The appeal states that Council gave "staff direction on a
go-forward plan for approval of the AYT development." The Notice of Appeal further
states: "Approval of the AYT application must be reconciled with OPA 43 and any
implementing zoning by-law. Some of the changes in OPA 43 as drafted would prohibit
AYT development if left in the current form."
2.2 In further consideration of the matter, AYT's solicitor subsequently narrowed their
appeal by letter dated May 26, 2006 (Attachment 5). The appeal applies to the
following Sections of OPA 43:
• Section 16 — An objective to discourage "auto-oriented building forms"
• Section 21 — A new policy that indicates that no new Town or Village Centre,
Highway Commercial District or expansion to any of these Centres or Districts
will be permitted unless part of a comprehensive review of the Official Plan. The
policy also encourages the development and intensification of the Bowmanville
East and West Town Centres prior to designating new Centres or Districts.
• Section 53 — Deletion of a policy that allowed retail warehouses by amendment
to the Official Plan in Highway Commercial Areas
• Section 58 — Deletion of a policy that allowed large-scale retail warehouses by
amendment to the Official Plan for in Light Industrial Areas
2.3 AYT did not appeal Council's refusal of AYT's application to amend the Zoning By-law.
3.0 AYT'S RESPONSE TO COUNCIL'S RESOLUTION
3.1 Council's resolution addresses two separate but inter-related issues — the proposed
amendments to the Official Plan and the developer's proposed public benefit
arrangements related to the advanced servicing of the East Bowmanville industrial
lands and its commitment to build a hotel.
3.2 The resolution of March 1, 2006 addresses lands owned by AYT on both sides of
Bennett Road — the industrial lands within the Bowmanville Urban Area and the
agricultural lands outside of the Bowmanville Urban Area. The resolution expresses
Council's decision to retain the lands on the west side of Bennett Road as employment
areas lands rather than designating them for large format retail uses, as proposed by
the applicant. Council's resolution directs staff to prepare an amendment that would
redesignate these lands from Light Industrial to Prestige Industrial.
3.3 Staff initially requested clarification from AYT of their support for the financial conditions
related to the early servicing of the east Bowmanville Industrial lands. While there were
many issues to be considered in detail, the AYT representatives referenced previous
correspondence that required the approval of their applications or an agreed-to
compromise.
3.4 More recently, on June 12, 2006, staff held a meeting with Sevario Montemarano from
AYT, Peter Walker and Mary Freethely, planners for AYT. It was a cordial meeting but
it was evident that Council's resolution of March 1st, 2006 was not an acceptable
1513
REPORT NO.: PSD-083-06 PAGE 5
compromise. The proponents position is that an urban boundary expansion is highly
speculative and that if it is not approved, then they are not advanced. The proponent's
position is that retail commercial development should be permitted on the West Parcel
or at least be able to 'Float to the West Parcel in the event that the East Parcel is not
incorporated into the urban area. However Council's position is quite clear that the
West Parcel is to remain designated for industrial purposes in light of Council's Science
and Technology Park initiative.
4.0 CONCLUSION
4.1 Council's resolution of March 1" 2006 makes it clear that the proponent's application for
large format retail uses is not acceptable on the West Parcel; it is to be retained for
employment uses. It effectively denied the AYT applications as proposed. The
proponents have advised that Council's Resolution #C110-06 is not acceptable to AYT.
Further, it is noted that AYT has appealed Council's decision on OPA 43 to the Ontario
Municipal Board.
4.2 Given this situation, staff has not incorporated the urban boundary request in the
Municipality's response to the Regional Official Plan proposed amendments for urban
boundary expansions.
4.3 Staff is requesting further direction from Council.
Attachments:
Attachment 1 — Location Map
Attachment 2 — Report PSD-097-05
Attachment 3 — Resolutions #C-109-06 and C-110-06
Attachment 4 — Notice of Appeal from Peter Walker, planner for AYT
Attachment 5 — Amended Notice of Appeal from Ira Kagan, solicitor for AYT
1514
REPORT NO.: PSD-083-06 PAGE 6
List of interested parties to be advised of Council's decision:
Henry Joseph Mark Rowe
Ari Yasa Rudi Van Wijngaarden
Ron Worboy Paul &Anne-Marie Halliday
B. Westerman John Huber
Bob Hann, Valiant Property Mgmt. James Scarth
John Vanderkooi John and Lilian Bouma
Gwen Wallace B. Haines
Lyn Townsend, Lynda Townsend-Renaud Law Lilly T. Hinton
Brent Clarkson, MHBC Planning Limited Mary-Ann Kalotai
Heather Muir Diane James
Carol Duffy Costantine Bruno
Bruce Curl Richard Rekker
Jim and Suzanne Gregory Alan Vaillancourt
Stan Stein, Osler Hoskin & Harcourt Mavis Carlton
Todd Gibbon Rick Hofstede
Bill Humber The Greater Toronto Transit
Linda Moore Robert DeGasperis, Metrus Properties Inc.
Ron Hooper Yolanda Gjaltema
George Kloos Marianne Zwyers
Richard Lange Lakeshore Group
Leroy Clarke Carmine Cupelli
Ted Watson George Ibanez
Hannu Halminen, Halminen Homes Limited Lawrence Hellinga
Jennifer Stone, This Week Newspapers R. Tukker
Brian O'Connor A. Sorg
Richard Marchant Bryan MacLean
David Butler, The Butler Group Inc. Linda Hallett and George loanidis
Peter Smith, Bousfields Inc. Doug Woods
Bryce Jordan. G.M. Sernas Associates Frank W. Lockhart
Carmela Cupelli J. Sproatt
Scott Houghton Mike Dome
Nancy Lewis Celeste Terry, Durham Regional Planning
Maryann Fines Gail Rickard
E.C. Braham James Vinson
Sue Sedlak Ian Smith
N. Gummon Anthony Turnbull
Otto Provenzano Evelyn Rosario
S. Fraser Suzanne McCrimmon, Clarington Board of
Bill Hinbert Trade
Doug Finnson and Terri Bickwell-Potts Jim Russell
Duncan McPherson John Shewchuk, Royal LePage Frank Real
Trevor Small Estate
Ellen Cowan Paul Wilson
Peter Vogel Philip Brent
Ray and Joyce Atkinson Peter Walker, Walker Nott Dragecivic
Margaret Zwart Associates Limited
Ira Kagan, Kagan, Shastri, Barristers & Sol. Steve Zakem, Aird & Berlis LLP
Brian Fraser
1515
REPORT NO.: PSD-083-06 PAGE 7
Scott Arbuckle, Planning & Engineering Eugene Dupuis
Initiatives Ltd. Paul Mark, Petro Canada
David Crowell, A & P Properties Limited Andrea Gabor, Urban Strategies Inc.
Terry and Phyllis Price Murray Patterson
Roslyn Houser, Goodmans LLP Ernest Burnie
Rick Gay, Gay Company Limited Blair McEven
Robert Bond Kevan Hoskin
Valentine Lovekin Jayne Salisbury
Gary Thertell : Karen & Leon Devera
Ron Stead Allan Frank
Catherine Whyte Connie Gawley
Tenzin Gyaltsan, Newcastle IGA Ton & Sally Barrie
Ron Carlyle Walter Schleiss
Beatrice & Ron Whyte
Elliot& Joan Tremeer
1516
Attachment 1
To Report PSD-083-06
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15'17 .
Attachment 2
To Report PSD-083-06
Clarington
Leading the Way REPORT
PLANNING SERVICES
Meeting: COUNCIL
Date: Monday, June 27, 2005
Report#: PSD-097-05 File #: COPA 2004-007 By-law #:
and ZBA2004-055 (X-ref: ROPA 2004-006)
Subject: REVISED OFFICIAL PLAN AMENDMENT AND REZONING
APPLICATIONS TO PERMIT RETAIL COMMERCIAL, LARGE FORMAT
RETAIL, AND HOTEL USES
APPLICANT: AYT CORPORATION
RECOMMENDATIONS:
It is respectfully recommended that Council recommend the following:
1. THAT Report PSD-097-05 be received;
2. THAT the application submitted on behalf of AYT Corporation to amend the
Clarington Official Plan to permit a large format retail complex with approximately
54,215 square metres of total gross floor area at the north-west corner of
Highway 401 and Bennett Road BE REFUSED;
3. THAT the application submitted on behalf of AYT Corporation to amend the
Municipality's Zoning By-law to permit a large format retail complex with
approximately 54,215 square metres of total gross floor area at the north-west
corner of Highway 401 and Bennett Road BE REFUSED;
4. THAT staff be directed to provide for a hotel and conference centre and some
limited retail and service uses (restaurants, fitness clubs, print shops) in the
further consideration of the Clarington Science and Technology Park Study;
5. THAT the Region of Durham Planning Department be forwarded a copy of this
Report and Council's decision; and,
6. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1518
REPORT NO.: PSD-097-05 PAGE 2
Submitted by: Reviewed by'�.J
A Franklin Wu
Director, Planning Services Chief Administrative Officer
RH/CP/DC/lw/df
23 June 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-0830
1519
REPORT NO.: PSD-097-05 PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicant: AYT Corporation
1.2 Agent: Walker Nott Dragecivic Associates Limited
1.3 Official Plan Amendment:
To amend the "Light Industrial Area" policies in Section 11.5
to permit development of 54,215 sq.m. (583, 585) sq. ft.) of
retail commercial and restaurant floorspace, large format
warehouse club retail floorspace, and a hotel and convention
facility, in addition to the uses permitted in the light industrial
area designation.
1.4 Rezoning: To rezone the subject lands from "Agricultural Exception(A-1)
Zone" to implement the proposed official plan amendment.
1.5 Site Area: 21.85 hectares
2.0 LOCATION
2.1 The property under consideration is located at the northwest corner of Highway
401 and Bennett Road south of future Baseline Road in Bowmanville (See
Attachment 1). The site area totals 21.85 hectares (54.0 acres). The property is
located within Part Lot 5, Broken Front Concession 1, in the former Township of
Darlington.
3.0 BACKGROUND
3.1 This is AYT Corporation's second revision. The original applications, which were
received on November 12, 2004, were in respect of a parcel of land located on
the northeast comer of Highway 401 and Bennett Road. These lands were not
located within the Bowmanville urban area and when submitted were subject to
Bill 27, an Act to establish a Greenbelt study area. Development applications for
urban uses could not be considered on lands covered by said legislation. Staff
returned the original applications to the applicant.
3.2 On November 25, 2004, Staff received revised Official Plan Amendment and
rezoning applications from Walker Nott Dragecivic Associates Limited on behalf
of AYT Corporation to permit commercial development of the subject lands. This
land is on the northwest comer of Highway 401 and Bennett Road and it is
designated Light Industrial Area. The revised application requested permission
for 50,300 sq.m. (550,000 sq.ft.) of retail commercial and large format retail uses,
including a department store, a food store, a home improvement centre,
1520
REPORT NO.: PSD-097-05 PAGE 4
restaurants and other retail uses in addition to the uses permitted in the Light
Industrial Area designation. The development was proposed to proceed on
private communal services.
3.3 A Public Meeting was held for the initial revised application on February 21,
2005, during which the following comments were made to Committee.
• The Bowmanville BIA noted that the Ontario Municipal Board hearing in 1994
decided to link retail growth with population growth. The OMB at that time
recognized that some retail sales loss would not impact the downtown greatly.
Council must recognize the potential consequences of approving the large
amounts of additional floorspace may have on the downtown. A subsequent
letter on the Commercial Policy Review reinforced their concerns and noted
that commercial growth should be focused and not dispersed.
• A resident from Wilmot Creek raised concern over the increased traffic levels
that the proposed development would have on Bennett Road, since this road
is their only means of access.
• An area farmer was concerned over the rate that prime agricultural land was
being converted for urban uses.
At the Public Meeting, in response to questions, the applicant's agent advised
that his client would be willing to revise the applications to delete the food store
and department store components.
3A A letter of objection was received from the solicitor representing Valiant Property
Management (Valiant)(Attachment 2), which cited the following concerns with the
AYT proposal.
Valiant would be concerned if approval of the AYT application would
preclude, or be in place of, the development of the Valiant site in West
Bowmanville for its intended home improvement use. .
The second concern would be if the early development of the AYT site would
create an unacceptable market impact on the West Bowmanville Main Central
Area in general and Valiant's total holdings in particular.
These issues have been referred to the Commercial Policy Review, which is
being finalized by the consulting team and Staff.
3.5 A letter of objection was received from Holburn Biomedical Corporation
(Attachment 3), which noted that they had invested a considerable amount of
money and resources into the launch of a scientific research and development
park on lands immediately north of the subject site. They questioned whether or
not the proposal was compatible with their scientific research park initiative.
3.6 A letter was received from Terry and Mark Price who noted concerns regarding a
spring that feeds a pond on their property, which is being used for agricultural
purposes. Development on the adjacent lands could either divert or destroy this
groundwater source.
1521
REPORT NO.: PSD-097-05 PAGE 5
3.7 On March 30, 2005, Staff received a second revised set of Official Plan
Amendment and rezoning applications from Walker Nott Dragecivic Associates
Limited on behalf of AYT Corporation. The revised applications propose to permit
development of 54,215 sq.m. (583,585 sq. ft.) of retail commercial and restaurant
floorspace, large format warehouse club retail floorspace, and a hotel and
v ntion facility in addition to the Li ht Industrial area designation permissions.
cone qty 9
al services.
The development is now proposed to proceed on full municipal
3.8 A further Public Meeting was held on May 9, 2005, for proposal's the second
revision. The following comments were made to Committee:
The application presented by AYT Corporation contemplates almost as much
total floorspace as both west Bowmanville commercial applications combined.
Council should consider floorspace being released in phases.
The AYT Corporation proposal does not support or reinforce downtowns.
Commercial development should be located along the Highway 2/King Street
corridor and phased through population growth. Approving commercial
development along Highway 401 would mean that people would miss the
downtowns.
3.9 A second letter of objection was received from Holbum Biomedical Corporation
(Attachment 4), which notes the following points.
Holburn supports the exclusion of large format retail uses from industrial
areas to preserve industrial lands for industry. Converting these lands for big
box development may represent a lost opportunity to economically diversify
our employment base.
Holburn has invested a considerable amount of money and resources into the
launch of a scientific research and development park on lands immediately
north of the subject site. They questioned whether or not the proposal was
compatible with their scientific research park initiative, since it may impede
the ability to attract scientific research and development companies to the
area.
3.10 The applicant has also submitted an application to amend the Durham Region
Official Plan (ROPA 2004-006). Although the Regional Plan permits large format
retail uses within industrial areas, it does not permit a department store or a
supermarket within these areas. These proposals must also front on a Type "A"
or Type "B" arterial road for access. The application was originally submitted to
amend the policies to permit these uses within an industrial area. Since the
application was revised to delete the department store and supermarket, the
Regional Official Plan amendment application has also been revised accordingly.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject lands are currently farmed and contain a large woodlot in the center.
The site slopes gently to the south and west from Bennett Road. The property
1522
REPORT NO.: PSD-097-05 PAGE 6
contains a small spring-fed watercourse that feeds a pond on the adjacent
property to the west.
4.2 Surrounding Uses:
East: Agricultural land
North: Agricultural land and industrial facility under construction
West: Agricultural lands and rural residential
South: Highway 401 and urban industrial uses
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Region Official Plan
The Durham Region Official Plan designates the subject lands "Employment
Area". This designation permits manufacturing, assembly, processing and
warehousing among other individual type uses. General policies of the Regional
Official Plan include the following:
■ Regional Council shall maximize the employment potential of designated
Employment Areas;
Sites having a high degree of exposure and good access shall be reserved
for employment-intensive uses;
■ Regional Council shall prevent the consumption of Employment Area lands
intended for industrial uses by commercial uses; and,
Regional Council shall ensure an adequate supply of vacant, serviced land is
maintained.
The Regional Plan provides for area municipalities to allow retail warehouse uses
in Employment Areas subject to compliance with the Plan policies. Retail
warehouse uses do not include supermarkets or department stores. Retail
warehouse uses must also develop on either a Type "A" or "B" arterial road.
Baseline Road is designated as a future Type "A' arterial road but no road has
not been constructed to date. The applicant has filed an application to amend
the Durham Region Official Plan and Regional Staff are reviewing the revised
application for conformity.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands "Light Industrial Area".
Permitted uses include manufacturing, processing, fabricating, repairing,
research and development facilities, and warehousing. Certain commercial,
community and recreational uses, including banks, restaurants, athletic clubs,
banquet facilities, and fraternal organizations may be permitted provided they are
limited in scale and serve the area's employee base.
Large scale retail warehouses may permitted by amendment to the Clarington
Official Plan subject to a number of criteria.
1523
REPORT NO.: PSD-097-05 PAGE 7
An east-west Collector Road, south of Baseline Road is proposed to be
eliminated through this amendment.
6.0 ZONING BY-LAW CONFORMITY
6.1 The property is zoned "Agricultural Exception (A-1) Zone". The current zoning
does not permit the proposed commercial development. In order to permit the
proposed development, a rezoning application was submitted for consideration.
7.0 AGENCY COMMENTS
7.1 Although the Emergency Services Department has not commented to date,
their concerns can usually be addressed at the site plan approval stage. This
Department had not raised any fundamental issues through the previous
submission.
7.2 The Claring ton Engineering Services Department has reviewed both. the
traffic study and functional servicing study submitted by the applicant and
provides the following comments. The subject lands abut both Bennett Road and
the future extension of Baseline Road. The abutting road network is currently
rural and should be urbanized, incorporating road improvements to address the
traffic and storm drainage infrastructure works necessary to properly service a
development of this nature.
The development of the subject property necessitates the need for these road
improvements, which are currently not contemplated in the Municipality's Capital
Budget and Forecast for reconstruction and/or construction. Therefore, this
development is considered premature until such time as the abutting road
network has been urbanized and improved to properly service the subject
development.
If this application were to be approved, AYT would need to dedicate road
widenings along Baseline Road and Bennett Road as well as a sight triangle is
required at the intersection of Baseline Road and Bennett Road.
The Traffic Impact Study as submitted by the applicant was reviewed and the
following comments need to be addressed in the study and resubmitted for
approval.
The Study must identify all of the road infrastructure and traffic management
related improvements that will be necessary to facilitate this development.
These improvements range from intersection improvements, traffic
signalizations, auxiliary turning lanes, and the extension of Baseline Road
from Lambs Road to Bennett Road.
1524
REPORT NO.: PSD-097-05 PAGE 8
The Study must assess the impacts of the proposed Highway 401
interchange relocation from Highway 401 and Bennett Road to Highway 401
and Lambs Road and an alternative access scheme should be developed.
The justification for replacing the Bennett Road interchange with a new
interchange at Lambs Road should be acknowledged, and an alternative
access scheme should be developed to determine the site traffic impact with
the long term interchange plan.
• The Study should be amended to include a revised road pattern incorporating
all or part of the east-west collector road now shown in the Official Plan
between Highway 401 and Baseline Road should be considered so that future
traffic movements generated within the local development area have
alternative routes for trips between Lambs Road and Bennett Road.
• For the short term, an analysis of the operation of the weaving lanes on
Highway 401 between Bennett Road and Highway 351115 should be
undertaken.
o Several issues require comment from the Durham Region and the Ministry of
Transportation of Ontario such as signalization, spacing of signalized
intersections, location of access on arterial roads, and potential impacts on
freeway operations.
Additional supporting data is required to justify the proposed parking supply.
The Functional Servicing and Stormwater Management Report as submitted by
the applicant is inadequate and needs to be revised to address how all aspects
of urban servicing including watermains, sanitary sewers, storm sewers,
stormwater management, utilities, sidewalks, and street illumination will be
extended from existing areas to service the subject lands.
The drainage of the subject property is part of the Bennett Creek watershed. The
development of this watershed requires the preparation of The Bennett Creek
Master Drainage Study, which shall identify the stormwater management needs
of this watershed. This study, currently being prepared by TSH, is at the Public
Consultation stage and is expected to be completed in the near future.
• Prior to any approval for development of the subject lands, a Storm Water
Management Implementation Report must be prepared that provides for the
sequential construction of storm water management works and addresses the
recommendations of the Bennett Creek Master Drainage Study
The applicant's engineer will be required to prepare a Grading and Drainage
Plan that details the configuration of the on-site storm sewer system (minor
system) and the conveyance of the overland flow (major system) from this
site.
7.3 The Ministry of Transportation has no objections in principle to the applications
subject to the following conditions:
• The Ministry will not permit any structures or buildings within a 14.0 metres
setback from the highway property line. Furthermore, any facilities that are
essential to the business operations such as parking or loading areas, drive-
1525
REPORT NO.: PSD-097-05 PAGE 9
through facilities, driveways, or stormwater management facility will not be
permitted within this 14.0 metre setback.
• The Ministry has provided a number of technical comments on the functional
servicing and storm water management report as submitted by the applicant.
The applicant must demonstrate that that the stormwater management
facilities can mitigate.any impacts resulting from development. The Ministry
will not approve a report that increases stormwater flow rates or causes
erosion potential within the Ministry's right-of-way.
• The applicant will be required to submit a site.plan approval application. This
submission must include a site plan, lot grading and drainage plan, site
servicing plan, stormwater management plan, traffic study, and illumination
plan for review.
7.4 Central Lake Ontario Conservation Authority has reviewed the Functional
Servicing and Stormwater Management Report and has no objections in principle
provided that the following issues are addressed through further review.
• The proposed stormwater scheme is generally satisfactory in terms of water
quality and quantity control for the development.
• The proposal would also appear to fit into the current scheme as proposed
through the Bennett drainage plan being worked on by TSH. Stantec are
describing their facility as temporary, with the ultimate controls being provided
by a centralized facility.
• Although the proposal provides for continued drainage to the two drains to the
west of the AYT lands, the report has not quantified the amount of flow would
be directed, nor has the source of the flows from the woodlot to the
neighboring pond been determined. Further discussion will be required to
satisfy the Authority's concerns.
Prior to site plan approval, the owner must provide site-specific engineering
drawings and reports as well as a report addressing the source of the flows,
which appear to originate within the existing woodlot. The engineering
reports must address how the site would in the future conform to the
requirements of the TSH master drainage plan study for the area, particularly
if AYT commences construction prior to the TSH study being finalized.
7.5 The Durham Region Planning Department will not provide comments on the
local planning applications (COPA 2004-007 and ZBA 2004-055) since the
applicant has also submitted an application (ROPA 2004-0006) to amend the
Durham Region Official Plan. Regional Plan policies require large retail format
centres to have access to an existing Type "A" or Type "B" arterial road. The
applicant has revised their Regional Plan. amend application to amend these
policy requirements. The Region will be proceeding with a Staff report once a
local amendment has been recommended for approval by Council.
I
1526
REPORT NO.: PSD-097-05 PAGE 10
7.6 The Durham Region Public Works Department has reviewed both the Traffic
Report and Functional Servicing and Stormwater Management Report to which
the following comments are offered.
• The subject site is proposed to be serviced the proposed 300 mm watermain
(by others) on Baseline Road. As security of water system supply, a 300 mm .
watermain extension will be required for looping and chlorination purposes at
the applicants expense on Bennett Road, crossing Highway 401 from
Baseline Road to Lake Road.
• A 675 mm trunk sanitary sewer must be extended from Soper Creek to the
subject site. Based on further design details, the trunk sewer needs only to
extend to Lambs Road with a further local sewer extension to the subject site.
This project is not identified within the Region's 5 year capital works forecast,
but is identified in the current Development Charges Background Report as a
future project pending the need for residential growth to north of Highway 2
and east of Lambs Road. Since no residential development is anticipated in
the near future in this area, the subject applicant will be responsible for the
cost of extending the trunk sewer.
In addition, twinning of the Soper Creek Trunk Sewer from Baseline Road to
Port Darlington WPCP will also be required to fulfill the ultimate servicing
requirements designated in the Official Plan.
In view of high cost of these two projects, the Region is undertaking a further
review and feasibility study to determine if there is an . alternative sewer
alignment, which could eliminate the need for twinning of the Soper Creek
Trunk Sewer. This feasibility study will form part of the Region wide Master
Plan Study, which is being initiated during the next few months, and may take
over a year to determine preferred solutions.
Baseline Road is designated as a Type 'A' arterial road in the Durham Region
Official Plan and the Region requires appropriate road widenings.
• The Region recognizes the requirements for off-site improvements at the
intersection of Highway 2 and Bennett Road as outlined in the traffic impact
study. Off-site improvements are to be included as part of their site plan
agreement, and secure funds for the future improvements to this intersection.
The Region notes that the Durham Region Official Plan proposes the
removal of the Highway 401 and Bennett Road interchange in the future.
Development on the subject lands cannot proceed until servicing issues have
been resolved to the Region's satisfaction.
1527
REPORT NO.: PSD-097-05 PAGE 11
7.7 The Durham Region Public Works Department has reviewed the Functional
Servicing and Stormwater Management Report
7.8 Due to the limited commenting period, comments from Hydro One Networks Inc.
have not been received to date.
8.0 STAFF COMMENTS
8.1 This report is being brought forward at this time at the applicant's request. There
are several concerns with addressing the application at this time:
• completion of the technical analysis of a number of issues has not been
completed due to the limited time to review some of the reports. In several
cases, the reports submitted are inadequate and additional information is
required;
• not all agencies have had time to provide comments; and,
• there are studies underway which have a bearing on this application and
ideally should be completed first. This includes the Municipality's Science
and Technology Park Study and the Region's Industrial Land Supply Study in
particular.
While it would be premature to consider approving this application until all of the
background information is complete, from a broader structure perspective there
is sufficient grounds to refuse this application.
8.2 Retail Market Impacts are significant
The Addendum Market Analysis dated May 9, 2005, which addresses the
requirements of the Clarington and Durham Region Official Plan, was prepared in
part to consider the implications of the AYT application. The Addendum Market
Analysis tested various alternatives for various projects proceeding, either in
whole or in a phased manner or with some alteration (e.g. no Home Depot on the
Holloway Holdings site). It also examined substituting the AYT application for the
West DiamondlPlayers proposal.
The market research has confirmed that there is significant opportunity for new
space in the market to meet population growth and to recapture expenditures
currently leaving the community. The recapture potential is particularly great in
the Department Store and Home Improvement Store categories, given the
current expenditure pattern of Clarington residents.
1528
REPORT NO.: PSD-097-05 PAGE 12
The new retail floorspace that would be warranted in Clarington has been
quantified through the analysis of various scenarios, as follows:
2007 between 700,000 and 735.000 square feet
2010 between 850,000 and 875,000 square feet
2021 between 1,540,000 and 1,580,000 square feet
There is less opportunity for new floorspace after 2007 as it is assumed that the
recapture opportunities will have been exploited and further growth will be
dependent on population growth.
Unlike the earlier market research referred to above, which assumed no sales
transfer from existing stores, the Addendum Market Analysis assumed a 10%
sales transfer from existing stores, which the Municipality's consultant has
deemed to be a. "reasonable" impact. The analysis also assumed that there
would be new space developed over the study period in other parts of the
Municipality which have existing designations or zoning permissions for
commercial development. The analysis considers that with the proposed space
built in the 2007-2010 period, the impacts on existing stores would continue until
2013 after which, with no further major commercial floorspace, residential growth
would allow the existing businesses to return to 2003 levels.
The report has recommended the following conclusions.
There is opportunity for most of the proposed new retail and service space in
the West Bowmanville Main Central Area by 2010 assuming that the AYT site
is not developed during this period. This provides for development to occur in
other sites in Clarington including the Torgan site, the Courtice Main Central
Areas and limited development in other locations.
There is room for two large format home improvement stores in the Clarington
market, based on the possibility of achieving a high recapture rate. With two
stores however, it would lead to lower sales performance levels. If the Rona
store proceeds on the Torgan site, a second store could be considered
elsewhere within the Municipality. A third home improvement store is not
considered viable.
Due to its scale, the AYT proposal would create much higher sales impacts
on the East Bowmanville Main Central Area than the West Diamond/Players
site and would have very significant short term sales impacts in certain
categories. Even after 2010, assuming that the other projects are approved
and built, the incremental effect would result in significant sales impacts on
existing businesses over the longer term as well.
Therefore, from a retail market perspective, the Addendum Report
concludes the cumulative impact of approving the West Bowmanville
applications and the AYT would be significant. Additional major retail
commercial development could be considered anywhere in the Municipality
1529
REPORT NO.' PSD-097-05 PAGE 13
well after 2010, likely in the 2016 to 2021 period. This would be the subject
of future Official Plan Reviews.
8.4 Balance of Employment Opportunities
In X001, the jobs/population ratio in Clarington was 25% or one job for every 4
residents. This is extremely low.
The Clarington Official.Plan has set employment targets and seeks to achieve
balanced growth. The employment targets for Bowmanville are set at 23,500
Y
b 2016. The Plan has the objective of obtaining 1 job for every 3 residents
1
by 2016.
Jobs in the commercial sector are largely tied to residential growth, for generally
over time employment will increases as the retail and service industry expands to
serve additional population. There are exceptions, since certain types of
employment will concentrate in nationally significant centres (such as the.banking
and finance industry in Toronto) and certain retail activities are only possible from
regionally significant centres (such as the Oshawa Centre).
Industrial uses, including everything from manufacturing to scientific research
and pharmaceutical industries, are much less dependent on residential growth.
Other factors, such as proximity to market or natural resources, transportation
infrastructure, a skilled workforce, labour rates, energy rates and many other
factors. Communities are now competing for industrial growth on a global scale.
Moreover, there is the need for industries to cluster together on co-operative and
at the same time competitive basis to be successful. It is infinitely more difficult
to attract industrial employment than population-related e.mployment in the
commercial sector.
In order to meet the jobs/population target and to compete for industrial growth,
sufficient and good quality industrial lands need to be reserved, even if the
process takes much longer and is much harder. The employment targets of the
Municipality's Official Plan cannot be met without significant non-commercial
employment growth. Creating the right conditions for this to occur is paramount if
the Municipality wants to create a more balanced community.
Using the Region of Durham's methodology (with a lower lot coverage
assumption), the potential number of jobs from these lands would be_as follows:
rn, o."men to en is
540,000 square feet of Lot coverage of 25%
em to ment floors ace
840 basic em to ment lobs 650 s uare feet ner em to ee
1400 basic ands in-off lobs Em to ment multi tier of 1.72
1530
REPORT NO.: PSD-097-05 PAGE 14
While a big box retail centre would also create jobs, they would not assist in
diversifying the Municipality's economy and may, if floorspace is advanced too
early, result in a decline in jobs in existing commercial areas. On the other hand,
industrial jobs create spin-offs which help to support retail jobs in the community.
The Region in general and Clarington specifically have had difficulty competing
for industrial employment in comparison with areas west of Toronto. However;
there are changes in the works that will increase these opportunities:
• The University of Ontario Institute of Technology has been established to
develop into a center for excellence in technology. The presence of the
University will act as a catalyst for new investment, particularly in the
automotive and energy technology sectors. The University's mandate
includes a significant research and commercialization of technology
developed through its various industry partnerships;
• Highway 407 will be built over the next decade providing important new
infrastructure;
• A new airport in Pickering will gradually lead to spin-offs and be an
advantage for certain industries;
• The Province's Growth Plan will need to provide supports for a better live-
work balance to address the gridlock created by. extensive commuting;
and, -
• The presence of an industry like Holbum in the lucrative biotech sector
can be a catalyst to attract similar businesses to the area.
The retention of the AYT lands for prestige or light employment uses will
allow the Municipality to diversity its employment base and, in conjunction
with the Municipality's Science and Technology initiative, will provide a
stable employment base. Retail jobs will not contribute to diversifying the
employment base, are limited by population growth and, for other reasons
stated in this report, are better suited on other lands.
8.5 Loss of Employment Lands
There are three primary concerns with the potential conversion of the subject
lands from Employment Area to commercial uses:
• The pressure for conversion of industrial lands is a GTA wide phenomena
and a longer term view is essential to preserve opportunities for future
economic prosperity,employment diversity and live-work relationships
• The AYT site is one of the few premier industrial sites in Clarington with
the characteristics suitable for prestige industrial uses .
• Unlike .other municipalities in Durham, Clarington will have no new
industrial lands along the Highway 407 corridor
• A comprehensive study of employment land needs should be undertaken
prior to considering any conversion
• The conversion of the AYT site will lead to additional pressures
1531.
REPORT NO:: PSD-097-05 PAGE 15
Across the Greater Toronto Area, there is concern with the impacts on the
Greenbelt and the Growth Plan on the competition for serviced land.. There has
been a noticeable trend to convert some key employment lands to residential or
major commercial uses due to their higher value for those uses. This has led to
concerns about the loss of employment lands and the ability to provide
opportunities for employment areas over the longer term. As a result, this issue
was addressed in part through the new Provincial Policy Statement, effective
March 1, 2005. . The Provincial Growth is addressing the matter further through
its Places to Grow initiative..
Although this application preceded the effective date of the new provincial
policies, this does not preclude this as a legitimate planning consideration by the
Municipality. There are concerns about the long term impacts of such a
conversion at the Bennett Road site.
Most of Clarington's industrial lands fronting onto Highway 401 can be
characterized as mediocre as best, in some circumstances very negatively
impacted existing, less desirable industrial uses with outdoor storage (e.g. Dom's
auto wreckers). Other areas contain industries built to a low development
standard including the lack of municipal services. This makes it difficult for the
Municipality to compete for certain key employment sectors. In terms of
competing in the new economy where a knowledge-based workforce is critical
edge, the quality of place is an important consideration for these highly-mobile
workers.
The loss of employment area lands with highway frontage will provide only
inferior industrial sites inboard from the transportation corridor.. Unlike other parts
of Durham, Clarington will have no opportunity to designate new employment
lands along the Highway 407 corridor.
In 1990, during the preparation of the 1991 Durham Regional Official Plan, the
Municipality pressed the need for designating a sufficient supply of industrial land
and undertook an analysis in support of this. Consequently, the Region through
its comprehensive review designated a large supply of new land in Clarington,
primarily in Courtice but also including the subject lands on Bennett Road.
Virtually no additional Highway frontage lands were added at this time, save and
except the subject lands. This was due to the long standing designation in the
Darlington Township, Bowmanville and Newcastle Village Official Plans which
designated strips of land along Highway 401. Most of these designations go
back to the early 1960's and were partially developed by 1991.
The long term need of employment area lands should be revisited before any
decision to remove the subject site from employment uses. There is a widely
recognized problem with land supply in the GTA which is leading to applications
which in essence,are requesting municipalities to compromise their future
prosperity to deal with a short term land supply problem.
1532
REPORT NO.: PSD-097-05 PAGE 16
The Clarington Official Plan seeks to provide a variety of industrial lands to allow
for the expansion and diversification of the employment land base. There are
very few locations suitable for prestige employment uses and the AYT site is one
of them.
Retaining industrial lands with prime Highway 401 frontage is vital for
Clarington to achieve its industrial development and employment goals.
Given the lack of constraints from existing poorer-quality or heavy
industrial development, visibility and access to Highway 401, and on-site
amenities such as the woodlot, this is the most prestigious employment
area location in Bowmanville. If it developed as a big box centre, a major
opportunity for high-profile industrial users would be lost.
8.5 Incompatibility with the Municipality's Science and Technology Initiative
Plan
The Municipality is undertaking a secondary plan study and_ urban design
analysis, with a view of developing upon the catalyst industry, Holburn
Biomedical. The 130 hectare study area is bounded by Bennett Road, Highway
401, Haines Street and Highway 2. The lands are designated for a variety of
.employment area uses in the Clarington Official Plan. TSH, is finalizing the
master drainage plan as part of this study.
Staff initiated this secondary plan prior to submission of the application by AYT
Corporation. Preliminary concepts .prepared by the consultants indicate that
prestige employment uses are being considered for all lands within the study
area between Highway 401 and Baseline Road. This would provide a campus
presence along Highway 401 that would draw other. related companies to the
area. The woodlot on the property could be incorporated into an open space and
recreational system benefiting the entire industrial park.
The Science and Technology initiative is founded on several principles:
• The presence of a catalyst industry;
• The presence of one or more universities to establish collaborative
partnerships with, including the presence of graduate students to assist in
research; and,
• The availability of relatively cheap lands in the GTA suitable for start-ups
and small firms (small firms account for 75% of the biotechnology sector).
• A high quality of life.
The AYT proposal raises serious concerns with compatibility and feasibility of the
science and technology park. Among other things, a commercial, designation
would raise land prices and lead to.speculation on adjacent properties as evident
at the Thickson Ridge Power Centre site and the Harmony Taunton Power
1 533
REPORT NO.: PSD-097-05 PAGE 17
Centre. This would tend to thwart one of the underlying premises for the viability
of the park.
The form of development would also be contrary to the high quality, campus-like
environment that is important for certain industries, particularly research and
development industries. The early industries in an employment area "set the
tone" and a big box centre would give the wrong image at the gateway to the
Science and Technology Park. Lastly, it would remove the prime location that
would be sought by an anchor tenant in the science and high tech sector.
For the reasons above, in staffs view, the approval of a big box centre on
the AYT site is contrary to the intent of, and would likely thwart the science
and technology initiative. The science and technology park initiative will
take a sustained and patient commitment from the Municipality and will no
doubt require some assistance from the Municipality to .make it a reality.
The development charge exemptions and credits are one example. The
designation of.the AYT lands for a big box centre at Bennett and Highway
401 is an incompatible and competing vision for the area.
8.5. The AYT proposal does not contribute to Urban Structure objectives. '
The AYT proposal would create a large new commercial area in southeast
Bowmanville. This new centre, proposed in a location adjacent to Highway 401,
would be removed from a central location and from any residential areas. The
proposal raises a number of urban structure issues.
In the near future, there is no residential growth anticipated on the east side
of the Soper Creek in the Bowmanville Urban Area, requiring longer trips to
access the area.
Currently, the majority of retail commercial space in both of Bowmanville's
West and East Central Areas is located along Highway 2/King Street. Given
the close proximity of these two Central Areas, their retail functions have the
opportunity to complement each other and provide cross-shopping
opportunities. The Municipality's market analyst notes that AYT location
would not likely provide these opportunities. Moreover, the development of
the AYT site for retail uses could also result in additional pressures for
amendments to surrounding industrial lands to accommodate additional retail
uses`.
The area is not located on the transit spine on Highway 2. Patrons would
have to rely solely on vehicular access to the area.
It provides a commercial alternative to the West Bowmanville development
but one, which disperses growth as opposed to focusing growth.
Permitting commercial uses in industrial areas may also increase land values.
and diminish opportunities for industrial development along this corridor.
It should, however, be noted that the hotel and convention facility component and
a limited number of restaurants would be permitted under the "Prestige Industrial"
1534
REPORT NO. .PSD-097-05 PAGE 18
- I
land use designation, as they are deemed services which, when limited in scale,
are designed to support the employment area.
The designation of the AYT lands for commercial uses does not support or
contribute to good urban form, "smart' growth and would diminish the
focus of retail growth along the King Street spine.
8.6 The AYT proposal has significant transportation implications for future
growth in Bowmanville.
The applicant submitted a Traffic Impact Study. A review of the report by TSH on
behalf of the Municipality, Durham Region Public Works Department, and the
Ministry of Transportation has resulted in an issues list outlined. in Section.7 of
this Report that needs to be addressed in the report .
The transportation network for the Bowmanville Urban Area is premised on three
interchanges with Highway 401: Waverly Road; Liberty Street and in the future
Lambs Road. It has been contemplated that Bennett Road would eventually be
eliminated, in part due to highway operational issues due to the relative proximity
of the Highway 35/115 interchange but primarily based on the better service a
Lambs Road interchange would provide for future residential and employment
area growth on the east side of Bowmanville. This is based on transportation
analysis that was undertaken when the urban lands were designated. Lambs
Road is intended to convey traffic from the eastern portion of Bowmanville:
The AYT application is premised on removing the Lambs Road interchange as
the ultimate means of serving the east.side of Bowmanville and maintaining the
existing interchange at Bennett Road. A retail complex of this scale is a major
traffic generator and would only be feasible from the retailer's perspective if the
interchange was maintained.
Over the past five years, the development of lands in the north-east portion of
Bowmanville (west of the Soper Creek) has led to an increased strain on Liberty
Street and the ,Liberty Street interchange. The Municipality has undertaken
studies to determine what improvements can be made to the Liberty Street
interchange. The Region has undertaken studies to consider improvements to
Liberty Street. Improvements will be made over time but there is still a limit on
the capacity in the entire network that can be created through widenings or.other
improvements.
Approving the AYT application would lock in the Bennett Road interchange
which would have a major impact on the transportation network in
Bowmanville: The extent of this impact has not been fully quantified to
date but it does fundamentally affect one of the underlying premises of the
development of the Bowmanville urban area. It is anticipated that the
existing traffic situation on Liberty Street and at the Liberty Street
interchange would be greatly exacerbated as new residential and
employment area developments on the east side of Bowmanville (east of
1535
REPORT NO.: PSD-097-05 PAGE 19
the Soper Creek) would not have the option of a Lambs Road interchange
and would be less likely to use Bennett Road for the predominant west-
oriented traffic movements. .
At the very least, comprehensive land use and transportation studies
should be undertaken prior to making such a fundamental decision.
9.0 CONCLUSIONS
9.1 The applications to amend the Clarington Official Plan and the Municipality's
Zoning By-law to permit a large format retail centre of 54,215 square metres
(583,585 sq. ft.) of total gross floor area, including a warehouse membership club,
a home improvement store, large format stores and restaurants should be denied
for the following reasons:
Other than financial and employment reasons, the planning rationale for the
proposal has not provided compelling reasons for approving the proposal.
Due to its scale, the AYT proposal would have a significant impact on Town
and Village Centres in Clarington.
The AYT proposal does not assist in creating a balanced community and a
diversity of employment:
The AYT proposal would.remove the premiere industrial site in Bowmanville.
and the potential to attract a high profile industry.
Conversion of industrial lands for commercial uses in a.high profile location
will not serve the Municipality's long-term employment and assessment goals.
Approving a big box centre is contrary to the intent of the Municipality's
science and technology initiative and, raises serious concerns with
compatibility and feasibility .of the science and technology park secondary
plan.
. . The AYT proposal, does not support the current and future urban structure
objectives. It provides a commercial alternative to the West Bowmanville
development but one,which disperses growth as opposed to focusing growth.
It leads to less compact, less efficient urban growth with limited possibilities
for future intensification and development of a strong urban centre.
Approving the AYT application would lock in the Bennett Road interchange
and would have a major impact on the transportation network in Bowmanville.
This must only be considered in a comprehensive context of the land use
plans and transportation network plans for the Bowmanville urban area.
There are numerous technical issues raised by external agencies and municipal
departments that need to be addressed for any development on this site. Many
of the comments require additional supporting information that would be required
regardless of the type of development on this site.
Due to the limited period to deal with this application and the applicant's request
to deal with this application at this meeting, there is insufficient information
1536
REPORT NO.: PSD-097-05 PAGE 20
available to consider any approvals of these lands. However, there are
fundamental, underlying principles that lead to staffs recommendation to refuse
the applications as submitted. ,
9.2 It is recommended that the AYT applications to amend the Clarington Official
Plan and Zoning By-law be refused. At the same time,. it would be prudent for
the Municipality to consider the potential of hotel and convention facilities to
serve this site and to consider this site for the deployment of the very limited
retail and service facilities that will be needed for a prestige business park.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Letter from Valiant Property Management
Attachment 3 - Letter from Holburn Biomedical Corporation
Attachment 4 - Letter from Holburn Biomedical Corporation
Interested parties to be notified of Council's decision:
Philip Brent, AYT Corporation
Ira Kagan, Kagan Shastri
Peter Walker,Walker Nott Dragecivic Associates Limited
Ron Hooper, Bowmanville BIA
Lynda Townsend Renaud, Lynda Townsend Renaud Law Office
Robert Hann, Valiant Property Management
Bryce Jordan, Sernas Associates
Roslyn Houser, Goodmans LLP
Peter.Smith, Bousefields.Inc.
Steve Zakem;Aird & Berlis LLP
Stan Stein, Osler, Hoskin & Harcourt LLP
Mark Frayne, Holburn
Scott Arbuckle, Planning & Engineering Initiatives Limited
Paul Mark, PetroCanada
Andrea Gabor, Urban Strategies Inc.
David Crowell, A&P Properties Limited
Terry & Phyllis Price
Brent Clarkson, MHBC Planning Limited
Murray Paterson
Ernest Burnie
Blair McEwen
TenzinGyaltsan, Newcastle IGA
Bill Humber
Catherine Whyte
Beatrice and Ron Whtye
Ron Carlyle
Elliot and Joan Tremeer
Eugene Dupuis
1537
REPORT NO.: PSD-097-05 PAGE 21
Kevan Hoskin
Jayne Salisbury
Karen and Leon Devera
Allan Frank -
Connie Gawley
Tom and Sally Barrie
Walter Sthleiss
Don and Gail Rickard
Hannu Halminen, Halminen Homes
1538
ATTACHMENT 1
Baseline Road(Futme Access). '.
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1.48 ha woe.acpnw -20.31ha I
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Nt g p w a Y.40, P•dd�R Spws r,wmaa-x z rte
sowmanville Key Map -055 2®04
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o 40 Zoning By-law Amendment
�-- $ COP.A 2004-007
p Claringion_Official Plan Amendment
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Subject m
Fonda ROPA 2004-006 . .
^-~ Regional Official Plan Amendment
�- Owner: AYT Corporation
1539 .
ATTACHMENT 2
THE tAW OFFICE OF L` NDA TOWIgSEWD S WD
March 9,2005
Municipality of Garington
40 Temperance Street
Bowmanviile, Ontario
L1 C 3A6
Attention: Mr. David Crome
Mr.Dennis Heffemn
South Tower
Royal Bank Plaza
2600-200 Bay Street
Toronto,Ontario
M5,12,14
Meridian Planning Consultants Inc.
13 Collier Street
Barre, Ontario
UM 1 H2
Attention:Mr. Bob Lehman
UrbanMetrics
144-146 Front Street West
Suite 460
Toronto,Ontario
MU 2L7
Attention:Mr. Doug Armand
Dear Sirs:
Re: Application to Amend the Durham Regional Official Plan
and Clarington Official Plan
AYT Corporation and Clarington Commercial Policy Review
Comments on behalf of Valiant Property Management
Municipality of Clarington
We are providing comments on the subject application on behalf of Valiant Property
Management(Valliant). As will be explained below,the comments will necessarily touch upon
the ongoing Clarington Commercial Policy Review(CPR).
$'Uh ti 2. 14f.Ya t QkjJWALL k'D A0. QA iLLL. f3RI kiC) Lam: w - .
PHONE: 905 829 8600 • FACSIMILE: 905 829 2035
lyn.town.se.nd@on,.aibn.com
1540
Municipaniy of chadrglaY:. .
Mr.cado Naadn
March 4,2005 .
peg&2
Our Understanding of the Application and the CPR
Based on comments made at the public meeting for the subject application (February 21,
2005), we understand that the application will be revised to request approval for retail
warehouse uses including a home improvement centre in addition to commercial uses
already permitted in the Light Industrial designation. You have advised that the Municipality
will be requesting written clarification of the range of requested uses from the proponent We
understand that once clarification is received, the firm of urbanMetrics, which has already
prepared the Retail Market and Impact Analysis for the CPR, will prepare a Retail Market
Impact Analysis of the subject application for the Municipality at the applicants cost It Is th e
Municipality's intention to have the completed market impact analysis available to the CPR
consultants (Meridian Planning Consultants Inc.) so that the results can, be given
consideration as part of the Final Report on the CPR. .
Valiant's Interest in These Matters
Valiant owns about 6.35 hectares bounded by Clarington Boulevard, Kng Street Green Road
and the unopened Concession 2 right-of-way. All of this area.is within the boundary of the
Bowmanville West Main Central Area and is designated Retail Commercial in. the
Bowmanville West Main Central Area Secondary Plan. Valiant began assembling the land in
this quadrant of the Main Central Area after it was designated Retail Commercial. Valianfa
_ -application 10-amendthta>Official-Plarrwas-onlynEaessaryin-orderto allocateflaorsparafrom' - -
the next threshold of the Secondary Plan's phasing policy. The Valiant site comprises the
orgy lands designated Retail Commercial in the Central Area without a retail floorspace
allocation.With an allocation to its lands.Variant could develop up to 16,680 square metres of .
additional floorspace including a Home Depot store.
Valiant has two potential concems with the subject application. The first.would be if the
approval of the AYT application would preclude, or be in place of, the development of the
Valiant site for its designated purpose. This issue will be assessed by the CPR: The second
potential concern would be If the early development of the AYT site would create an
unacceptable market impact on the Bowmanville West Main Central Area in general and the
Valiant site in particular. This Issue will be assessed by the Retail Market and Impact
Analysis.
Commercial Policy Review
It is our opinion that the Valiant lands,within the Main Central Area should remain the .
preferred location for .meeting the shopping needs of Ciarington residents prior to the
allocation of commercial development opportunities to any other locations not currently
designated for commercial use. In particular, no approvals should be given to the AYT site, if
at all, until the Valiant site is built out. The Draft Final Report on the CPR supports,this view.
Amongst the report's executive summary points for the locations of commercial growth are
the following points.
14. From an urban structure perspective the preferred policy approach is to concentrate
commercial uses in existing urban areas. The existing Centres are and will be central
1 541
Muridpok of aadngtnn
.. Mr.Cacti Pafarin
March 4,1005 _
Page 9
to the growing population. In addition, they form the fiodes'along QJarington's main
street, a key element of the long farm urban structure objectives...
l fi. Consistent with the current Official Plan policy other new centres or commercial areas
should not be created over the five year term.
20. The •Bowmanvffle Regional Centre—as weft as the Courtice Centre, Courtfce West
District and the Newcastle tillage Downtown District should have sufficient land areas .
designated with boundaries provided for in Secondary Plans to allow for additional
commercial development in the range of 720,000 square feet of gross leasable floor
space. This growth could occur in the existing designated areas and/or the expansion
of the areas dependant on the achievement of the urban structure objectives of the
Municipality.
In summary,the Draft Final CPR report concluded that it is not necessary to designate new
commercial areas beyond the Central Areas identified in the Durham Regional Official Plan to
meet the Municipality s commercial needs for the next five years. This Is reinforced by the .
Report's recommendation to direct retail warehouses to existing centres and to remove retail
warehouses as a permitted use In Light Industrial Areas(pages 23 and 35).
We believe the work to date on the CPR reinforces our opinion that the current commercial
needs of the Municipality can and should be met in existing designated centres and
commercial areas first, and that there is no need to add the AYT site to the Municipality's
commercial land supply at this time.
Retail Market Impact Analysis
On the assumption that the AYT application is being revised to permit retail warehouses in an
Employment Area, Section 11.3.18 of the Durham Regional Official Plan would apply. In
order for the AYT application to proceed, Section 11.3.18 c) requires that the retail market
study being prepared by urbanMetrics demonstrate that the proposed retal, uses and the
cumulative amount of floorspace will not unduly affect the viability of any designated Central
Area on Map `A' and Central Areas.and Spec Purpose Commercial Areas designated in
area municipal official plans'. As noted above, the Valiant site is designated Retail
Commercial in the Bowmanville West Main Central Area Secondary-Plan.Therefore,the retail
market analysis must ensure that the viability of the development of Valiant lands will not be
unduly affected by the designation and development of retail uses on the AYT site.
This matter is typically addressed by a review of.commercial floorspace needs, allocating
fioorspace to designated sites and determining 'd there is any residual unmet need that could
be assigned to the potential new site. This is the approach which has been used in the CPR
study to date. The market study component of the CPR concluded that 720,000 square feet
of new retail space can be built in the short term(i.e.to 2010)without causing undue impacts
on the existing commercial centres. In distributing this required fioorspece, the CPR study .
1542
Mr.cart Pawn
Match 4.2005 - _ -
Pag 4
has recommended not to make a distinction as to the type of tloorspace. We have indicated
ValianYs concurrence with this approach within Central Areas siting the same reasons as the
CPR consultants:
J. this approach can best respond to the changing consumer preferences,
2. there is less and less distinction among store types in the goods that are retailed from
inside various"boxes", and
3, individual uses within the 'boxes" are likely to evolve over time, changing the makeup
I of the goods being sold but maintaining the retail significance of the areas they are
located within.
Notwithstanding our acceptance of this general principle, there appears to be some specific .
concern by the Municipality with regard to the market impact of home improvement centres
r on existing retailers. There are two potential home improvement centres proposed on
I designated lands in Bowmanville.They are the Home Depot proposed for the Valiant site and
another one on the Torgan site. at Wavedy Road and Baseline Road. It is also our
i understanding that the AYT application proposes a third home improvement centre. Given the
specific concern about the market impact of home improvement centres, we have explored
this issue in some depth.
ot
At the outset, it must be understood that the market impact component of the CPR has
concluded that only one home improvement centre can be built in the short term without
significant impacts on existing retailers.The conclusion on this matter Is set out on page 14 of
the CPR and reproduced below(emphasis added):
`Home Improvement Centre- One home improvement centre can proceed by
2007, without Impacts on existing retailers in Ciarington. As noted earlier
although only one home improvement centre has been evaluate d. our analysis
does not preclude another store entering the market. With continued market. .
growth, the available residual potential In.other store categories which se0
home improvement merchandise, and the opportunityfor increased recapture
of sales form outside of Clarington in the future, would not preclude another
home improvement centre from entering the market beyond 2007. It Is not
expected that the impacts of two such stores would be sioniffcantfy greater
than one store given the limited facumes to Clarrngton at the present time.
it appears that there was not a.more definitive conclusion on the impact of two home
improvement stores because urbanMetdcs' only evaluated the impact of one such store. In
order to fill the information gap,Valiant commissioned Robin Dee and Associates to conduct
an impact analysis assuming two home improvement stores, based on urbanMetrics'original
research and data. Enclosed is a copy.of Mr. Dee's letter report. It is Mr. Dee's conclusion
than the and data. market will , able to support the entry of two new format home .
improvement facilities as early as 2006 and that their initial impact will be essentially on each
other as they compete for market share.
Given that the sites for the two home improvement centres on the Valiant and Torggan lands
are already designated, we submit that any market impact analysis being conducted for the
1.543
Munklpary d daring w,
W.Csdo Peladn
March 4,20D5 - - --
Page 5
AYT application (if it is looking specifically at impact in the home improvement market
segment) must examine the incremental impact of a third home improvement centre in the
short term (i.e. to 2010). it is likely that if the AYT site is approved and _rf it is to contain a
home improvement centre, the timing of the implementation of this
oli component of the n order to avoid
development may have to be regulated through some form of staging policy
an undue economic impact on the Valiant site and, by extension,the Main Central Area.
Conclusion
l Commercial and has the physical capacity to
The Valiant site is designated Retai
accommodate up to 16,680 square metres of additional commercial floorspace: Valiant has
co-operated with the Municipality in working through the process of removing the floorspace
caps that have prevented the site from developing to date. Valiant's concerns with the AYT
application are ff It in any way precludes the immediate development of the Vaiant site or has .
an undue economic impact on Its development.We understand that both of these issues will
be examined on behalf of the Municipality by its Commercial Policy Review consultants who
are currently addressing Municipal-wide commercial planning and market impact issues. This
letter provides our input on behalf of Valiant for t nand the completion ofcthe CPRff and its
consultants during their review of the AYT app
If there are any questions or concerns with the above, please do not hesitate to contact the
undersigned.
Yours truly. UD
LYNDA SEND
OF ICE
end Renaud.
Encl.
cc.. Mr.R.Hann,Valiant Property Management.
Mr.B.Jordan, Semas Associates
Mr.R.Dee, Robin Dee and Associates
Mr. Carlo Peilarin, Municipality of Clarington
1544
ATTACHMENT 3
®® !! HOLBURN
HOL U
RN BIOMEQICAL
CORPORATION .-
February,18, 2005
TO:
AVID CR tJIE M.C.LP
R.P.R. fax: 905-623-0830
irectorof tannin 9 Services
FROM:. MARK R. FRAYNE
Dear Sir,
Application to Amend Clarington Official Plan and Zoning By-Law
Your File: COPA 2004-007 and ZBA 2005-055
I am writing this submission on behalf of our related company, 1524103 Ontario Ltd., the
registered owner of approximately 50 acres, immediately to the north of the Applicant's _ .
lands that are subject to the abovementioned applications. Our respective lands are
separated by an unopened road allowance(Baseline Road East).
Our company purchased.the lands In the fall of 2004 and on November 18"',2004, the
Holbum Group of Companies announced the launch of a scientific research and
development park to be located on the lands located at the south-west corner of Bennett
Road and King Street East
We have already invested a considerable amount of money and resources Into this
project, and construction of the first phase is well underway.
Therefore, naturally,we question whether or not the subject application: (a)fits within a
prestige industrial employment area, and (b)is compatible with. our scientific research
and development park initiative;
I confirm that we are interested in the application and how it proceeds, and request
written notification thereof.
Yours truly,
Mark R. Frayne
Counsel and Vice-President
CONFIDENTIALITY NOTICE: The informaion contained in this facsimile (including the attached pages) is for the
attention of the addressee only. Any disclosure or reproduction of these pages is prohibited. The infomration herein.
remains the property of Holbum Biomedical Corporation. Should this facsimile be received by anyone other than the
addressee,please immediately telephone tte number below,to arrange for the return of these documents.
An independent member of 'The Holbum Group of Companies'
200 Baseline Road East, Bowmenville,Ontario,Canada,L1C 1A2 .
Phone, +1 (905) 623-1484 Fax: +1 (905) 623-8702 mail @holbum.com www.holbum.com
154.5 . `
HOLB ATTACHMENT 4
BIOMEDICAL
HOLB CORPORATION)
May 12, 2005
Clerk's Department
2n4 Floor .
40 Temperance Street
Bowmanville, ON,
L1 C 3A6
Dear Sirs,
Re' AYT Corporation Applications
Your file#: COPA 2004-007 and ZBA 2004-055
We are writing in respect to the AYT Corporation applications to amend the Clarington
Official Plan and Zoning BY-law-
in particular, we wish to respond to PSD 060-05,
submissions made during the General Purpose and Administration Committee meeting .
held on Monday May 9. 2005, and some statements made by council during that
meeting. The following will also Provide further background to our letter to the.
Municipality dated May 6, 2005,
Commercial Policy Review Recommendations
We understand that the AYT Applications were initiated at a point in time when the draft
Commercial Policy Review was close to finalization, after an extensive consideration
process. The draft final report recommends the deletion of than part of section 10.9.5
that allows for amendment to the Official Plan to permit large scale retail warehouses.
Holbum supports this recommendation because we believe that (a) It is based on
sound planning principles regarding future commercial development, and (b) existing
light industrial areas should be preserved and protected .from the intrusion of big box
store developments.
In regard to the latter point, the lands subject to the AYT Applications are considered
superior industrial lands. It is our observation that there is no other light industrial site in
Clarington that compares with its features and location. it is ideal for high-profile,
plES[ige il ciuste(al businesses. " The Proposal to convert lands with such good,
An independent member, of "The Holbum Group of Companies"
200 Baseline Road East, Bowmanville,Ontario, Canada, L1C 1A2 -
Phone. +1. (905) 6234484 Fax: +1 (905) 623.6702 mail @holburn.com wwwAcIburn-co 546
Holbum Biomedical Corporation-2 of 3
economically diverse potential to' a big box retail center, combined with the adverse
impact such a development would have on the surrounding lands within the light
industrial employment area, may result in a,lost opportunity to enhance and diversify
Clarington's economic and employment base (Science Park, below). This is contrary to
one of the primary objectives cited in Clarington's Official Plan, (sec. 11.2.1): to provide
for the expansion and diversification of the
a vane of
industrial lands to allow P
employment base..
The Scientific Research and Development Paris .
The AYT Applications and proposed retail commercial uses are incompatible with the
proposed Holbum Science Park, and the larger, 300 acre Science and Technology Park
initiative. Prior to the submission of the subject Applications, the Municipality
commenced the undertaking of a secondary plan study, an urban design analysis, and a
master drainage plan in regard to the 300 acre area bounded by Highway 401, Haines
Street, Highway 2 and Bennett Road. We understand that these studies are scheduled
to be completed over the next few months. The AYT lands fall within this study area.
It .is contemplated that if the AYT Applications are allowed, the exclusion of these
superior prestige industrial employment lands from the Science Park and the adverse.
economic and P h Y P 9 sical impact a big box store retail development will have on the
surrounding lands will combine to effectively impede the ability to attract. scientific R&D
including pharmaceutical
companies, to the Park. The economic and social
Companies, P
9P
benefits to the Clarington community which would have otherwise arisen out of the
initiative would not be realized.
The Impact on Holbum
Approximately three years ago, Holbum advised Municipal Staff and Council of its
intentions to purchase lands and provide the catalyst necessary to develop a scientific
research and development park. Staff and Council made it clear, that they would
support Holbum in its endeavours by removing "roadblocks" to development and by
assisting in creating an environment required to attract similar research businesses. It
Was.indicated .to Holbum that.the municipal officials were committed to providing a
supportive regulatory regime, including required hard and soft services. The
abovementioned studies and analysis were initiated.
The Municipality assisted in identifying suitable lands for the Science Park. With the
support of, and assurances from, the Municipality,Holburn decided to: (a) purchase the
50 acres fronting on Bennett Road and Highway 2, (b) rezone the property to facilitate
the Science Park, and (c) arrange the financing and commence the construction of the
first building: a 40,000 square foot,mufti-million dollar research facility.
A Division of "The Holbum Group of Companies"
200 Baseline Road East, Bowmanville,Ontario,Canada, L1C 1A2 ,
Phone: +1 (905) 623-1484 Fax: +1 (905) 623.6702 mail @holburn.com www.holburn.coml 547
Holbum Biomedical Corporation-3 of 3
It is Holbum's position that, should Council support the AYT Applications, such decision
will run contrary to the Municipality s previous statements and actions, as well as to
Holbum's expectations. The financial repercussions to Holbum's business and future,
growth would be significant.
In conclusion,for the reasons above, Holbum respectfully requests that the Municipality
not allow the proposed amendments.
Yours truly,
Mark R. Frayne, '
Counsel and Vice-President
c: David Crome, Director of Planning Services
A Division of "The Holbum Group of Companies"
200 Baseline Road East, Bowmanville, Ontario,Canada,L1C 1A2.
Phone: +1 (905) 623-1484 Fax: +1 (905) 823-6702 mail @holbum.com www.Aalburn.com 1 548
Attachment 3
To Report PSD-083-06
Report PSD-027-06 Commercial Policy Review, Bowmanville West Main Central Area
Secondary Plan Review Amendments 43 and 44 to the Clarington Official Plan and Related
Amendments to the Zoning By-law and Related Applications By:
1) West Diamond Properties Inc./Players Business Park Ltd
2) Halloway Holdings Limited
3) AYT Corporation
4) Loblaw Properties Ltd.
Resolution#C-109-06
Moved by Councillor Schell, seconded by Councillor Trim
1. THAT the Commercial Policy Review — Final Report by Meridian Planning Consultants,
the Addendum Market Analysis and the Bowmanville West Main Central Area
Secondary Plan Review Report by Meridian Planning Consultants and Brook Mcllroy,
and staff Report PSD-027-06 be received;
2. THAT Council resolves that a further public meeting on Official Plan Amendment 43 and
44 is not necessary;
3. THAT Official Plan Amendment 43 to the Clarington Official Plan as contained in
Attachment 8 to Report PSD-027-06 be adopted and that the necessary
by-law be passed;
4. THAT Official Plan Amendment 44 to the Clarington Official Plan as contained in
Attachment 9 to Report PSD-027-06 be adopted and that the necessary
by-law be passed;
5. THAT the by-laws to amend Comprehensive Zoning By-law 84-63 contained in
Attachments 10, 11 and 12 to Report PSD-027-06 to implement portions of Official Plan
Amendment Nos. 43 and 44 be passed;
6. THAT Council resolve by separate resolution that the Concept Plan for Development
contained in Attachment 2 prepared by Stantec Consulting Ltd. entitled "Proposed
Metrus Commercial Development" and the elevation drawings of the proposed Wail-Mart
store prepared by Petroff Partnership Architects, dated July 14, 2005, contained in
Attachment 3 to Report PSD-027-06 and the proposed Loblaws Superstore prepared by
Turner Fleischer Architects Inc., dated revised July 12, 2005, contained in Attachment 4
to Report PSD-027-06, be endorsed in principle subject to the submission and review of
detailed plans and drawings under Section 41 of the Planning Act;
7. THAT Council resolve by separate resolution that the Concept Plan for Development
contained in Attachment 5 to Report PSD-027-06 prepared by Sernas Associates and
Turner Fleischer Architects Inc., dated January 2006 and the elevation drawings of the
proposed Home Depot store prepared by Turner Fleischer Architects Inc. dated revised
1549
January 3, 2006 contained in Attachment 6 to Report PSD-027-06 be endorsed in
principle subject to the submission and review of detailed plans and drawings under
Section 41 of the Planning Act;
8. THAT the applications to amend the Clarington Official Plan (File No. COPA 2002-009)
and to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-026) as
submitted by Halloway Holdings Limited be approved to the extent that they are
consistent with Amendments 43 and 44 and the related zoning by-laws contained in
Report PSD-027-06;
9. THAT the applications to amend the Clarington Official Plan (File No. COPA 2002-003)
and amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-004) as
submitted by West Diamond Properties Inc. and Players Business Park Limited be
approved to the extent that they are consistent with Amendment 43 and 44 and the
related zoning by-laws contained in Report PSD-027-06;
10. THAT the applications submitted by Loblaw Properties Ltd. to amend the Clarington
Official Plan (File.No. COPA 2000-003) and to amend the Municipality's Zoning By-law
84-63 (File No. ZBA 2002-020) to expand the Clarington Centre to permit an additional
37,200 sq. ft. expansion to the existing supermarket be refused;
11. THAT the application submitted by Loblaw Properties Ltd. to amend the Municipality's
Zoning By-law 84-63 (File No. ZBA 2003-043) be approved to the extent that it is
consistent with the zoning by-laws to delete the requirement for a supermarket in the
Clarington Centre contained in Report PSD-027-06;
12. THAT the applications submitted on behalf of AYT Corporation to amend the Clarington
Official Plan (COPA 2004-007) and to amend the Municipality's Zoning By-law 84-63
(ZBA 2004-055) to permit a large-format retail complex with approximately 54,215 sq. .
m. of total gross floor area at the northwest corner of Highway 401 and Bennett Road
be refused;
13. THAT the Region of Durham be advised that the Municipality of Clarington does not
support the approval of the application submitted on behalf of AYT Corporation to
amend the Durham Regional Official Plan (ROPA 2004-006);
14. THAT by-laws be passed to authorize the Mayor and Clerk to execute the Principles of
Understanding between the Municipality, Players Business Park Ltd. and West
Diamond Properties Inc. and 1613881 Ontario Inc., the Principles of Understanding
between the Municipality and Halloway Holdings Limited, the Stevens Road Extension
Agreement between the Municipality, Players Business Park Ltd., West Diamond
Properties Inc. and Halloway Holdings Limited and the Indemnity Agreement between
the parties just mentioned substantially in the form of the Principles of Understanding
and Agreements contained in Appendices 10 to 13 inclusive;
15. THAT Planning Staff be authorized to include in its 2007 work program a community
improvement plan study for Newcastle Village Centre;
16. THAT staff be authorized to bring a report forward to Council to implement provisions of
the Principles of Understanding between the Municipality and Halloway Holdings
1550
Limited related to the Site Plan Agreement and Servicing Agreement referred to in
Section 11 of Report PSD-027-06; and
17. THAT notice of Council's decision be forwarded to the Region of Durham and all
persons or bodies who requested notification of this decision.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-110-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT Recommendations 12 and 13 be replaced with the following:
12. THAT the application submitted on behalf of AYT Corporation to amend the Clarington
Official Plan and the Region of Durham Official Plan to permit a large-format retail
complex with approximately 54,215 sq. m of total gross floor area at the north-west
corner of Highway 401 and Bennett Road be referred back to staff;
13. THAT the application submitted on behalf of AYT Corporation to amend the
Municipality's Zoning By-law to permit a large-format retail complex with approximately
54,215 sq. m of total gross floor area at the north-west corner of Highway 401 and
Bennett Road be refused;
THAT Recommendation 17 be renumbered Recommendation 20 and that the following new
items be added:
17. THAT staff be directed to prepare a position in support of an urban boundary expansion
in the Durham Regional Official Plan Review to incorporate the 57 acre parcel owned by
AYT Corporation on the north-east corner of Highway 401/Bennett Road interchange;
18. THAT staff be directed to bring forward an amendment to the Clarington Official Plan to
a Public Meeting that provides for:
i. The 54 acre parcel of land owned by AYT Corporation on the north-west side of
Highway 401/Bennett Road interchange being designated as Prestige Employment
Area to permit, among other things, a hotel and conference centre;
ii. The 57 acre parcel of land owned by AYT Corporation on the north-east side of
Highway 401/Bennett Road interchange being designated as a Special Policy Area
in the Official Plan that would allow for a 45,000 sq. m. large format retail centre to
be zoned sometime after March 1, 2016 provided that the Municipality's population
is greater than 116,000 persons and that a full-service hotel and conference centre
with a minimum of 100 rooms, a restaurant, and two meeting rooms of
approximately 3,000 sq. ft. each is constructed at the Bennett Road interchange;
iii. Th a retention of Bennett Road/Highway 401 interchange and the designation of
Bennett Road as a Type B Arterial Road.
1 551
19. THAT prior to advertising the Public Meeting on the proposed amendment to the
Clarington Official Plan, that staff be directed to conclude arrangements with AYT that
provides for:
i. AYT to front-end 50% of the cost of extending sanitary sewer services along
Baseline Road to Bennett Road and the replacement of the deficient section of
sanitary sewer between Haines Avenue and Soper Creek, at such time as any other
developer in the Bowmanville industrial lands gives written notice to AYT and the
Region that it is prepared to enter into a front-ending arrangements to extend
sanitary sewer services;
ii. AYT to make immediate payment to the Region for transmittal to Holburn Biomedical
for repayment of AYT's share of the cost of extending water supply services to the
area according to a front-ending servicing agreement with the Region;
iii. AYT to pay its front-ending payment under any fronting-ending agreement for the
construction of storm-water management facilities at such time as the Municipality
issues a certificate of completion for such facilities;
iv. At the time of final approval of the rezoning of the lands for large format retail uses at
Bennett Road, that AYT contribute $1.62 per square foot approved (adjusted to by
the consumer price index from March 1, 2006) to the Municipality in 5 equal annual
installments for expenditure in funding programs in support of the Clarington
business improvement areas (BIAs) and/or capital improvements projects and grants
for an approved community improvement area;
v. That AYT be responsible for all costs in preparing such agreements and defending
such decision of Council
"CARRIED"
The foregoing Resolution #C-109-06 was then put to a vote and "CARRIED AS AMENDED."
1552
Attachment
To Report PSD-083-C
Walker,Nott, Dragicevlc
Associates Limited
Planning
April 4, 2006 Urban Design
Environmental Assessment
Municipality of Clarington '06APR04 Pet 2-38:17
40 Temperance Street
Bowmanville, ON
L1C 3A6
Attention: Municipal Clerk's Office
To Whom It May Concern: /
Re: Notice of Appeal of Official Plan Amendment No. 43
File No: 04.586
We are the planning consultants for AYT Corporation, owner of the lands on both
the east and west side of Bennett Road on the north side of Highway 401, in the
municipality of Clarington. Our client has an Official Plan Amendment ("OPAa) 172 St.George Street
application and Zoning By-law ("ZBA") Amendment application on file with the Toronto,Ontario
municipality for its lands on the west side of Bennett Road. The applications M5R21V17
seek permission to develop the subject property for large scale commercial and TEL 416/968-3511
industrial uses. FAX 416/96ao172
e-mail:admin@wndplan.corr
Since the filing of its applications AYT has taken a keen interest in the web:www.wndplan.com
development applications that were trigger for OPA 43 and 44 and related zoning
by-law changes.
Our client has been working with the municipality in an effort to have its
applications approved. Because some of the changes reflected in OPA 43 are
not consistent with our client's applications, we had also requested that the
municipality deal with and make final decisions on the commercial policy review
(OPA 43), the development applications that triggered those changes, and our
client's application, at the same time so that the decisions on all the matters
would be consistent. While Council did not approve our client's applications at
the same time as it enacted OPA 43, Council for the municipality did give staff
direction on a go-forward plan for approval of the AYT development. Approval of
the- AYT application must be reconciled with OPA 43 and any implementing
zoning by-law. Some of the changes in OPA 43 as drafted would prohibit AYT
development if left in the current form.
For these reasons our clients have instructed us to hereby appeal OPA 43 to the
Ontario Municipal Board. These appeals are limited to those portions of OPA 43
which are inconsistent with our client's development applications. Our client also
wishes to make it clear that it is not their intention by filing these appeals to delay
the development of the properties in Bowmanville West Town Centre which
triggered these amendments. To the extent possible then our appeals may be
considered site-specific. PMar A.WNyq FOR AM
WrAy Noll,FCIP,PPP
aoMn A Dragicaak,MCIP.AM
' Pm4lsls
Jason J.DW RMCIP..W A
Gregory J.Day,MCIP.PPP
Atettale Rlltiruk
CmlrotlarC"M'
1553
'Municipality of Clarington Clerk's Office April 4, 2006
Page 2
File: 04.586
Enclosed please find a cheque in the amount of $125 made payable to the
Minister of Finance, in payment of the appeal fee. Thank you.
Yours veryl,truly, /
WALKER, NOTT, D E ASSOCIATES LIMITED
Planning Urban Design - Envir onmental
Assessment /
Peter R.Walker RPP FCIP
President and Senior Principal
Enc.
cc. AYT
Ira Kagan
Roslyn Houser (West Diamond Properties Inc/Players Business Park Ltd)
Lyn Townsend-Renaud (Halloway Holding Limited)
Steven Zakem (Loblaw Properties Inc)
I
1554
.- utravls HU'FERO Attachment 5
To Report PSD-083-06
GAN Im T Kagan
Tick 416368-4100 Fst226
STRI : f
Barristers & Solicitors File#042S4
May 26, 2006
B Fstt;
Mr.Dennis Hefferon Ms.Roslyn Houser
Barrister and Solicitor Goodmans,LLP
Royal Bank Plaza, South Tower 250 Yonge Street, Suite 2400
200 Bay Street, Suite 2600, P.O.Box 185 . Toronto Ontario
Toronto, Ontario M5B 2M6
M51 04
Ms.Lyn Townsend-Renaud Ms. Patricia Foran
Barrister and Solicitor Aird & Berlis LLP
14'00 Cornwall Road, Suite 2 BCE Place,Suite 1800, Box 754
Oakville, Ontario 181 Bay Street
L6J 7W5 Toronto,Ontario
M5J 219
Mr.Stanley Stain Mr. Jeff Goldenberg
Osler,Hoskin&Harcourt LLP Fogler Rubinoff LLP
1 First Canadian Place Royal Trust Tower
P.O.Box 50, Station 1 st Canadian Place Toronto-Dominion Centre, Suite 4400
Toronto, Ontario Toronto,Ontario
M5B 1B8 M5K 1G8
Dear Sirs and Madames:
Re: OPA 43& 44, Municipality of 0fteff ton
Our client: AYT Corporation
This letter is further to the last attendance (Prehearing Conference)before the Ontario Municipal
Board At that attendance we advised all parties and the Board of the limited nature of our
d'ent's appeal.We wanted to confirm those submissions and clarify our client's position with
p,1 188 Avenue Road, Toronto, Ontario M5R 2J1
Phone:(416) 368-2100;Fax:(416) 568-8206
1555
06/12/2005 11:30 4168647404 DENNIS HEFFERON LAW PAGE 03/03
respect to its applications and appeal of OPA 43.
Our client is NOT opposed to the developments permitted by OPA 44 (and the implementing
zoning by-law amendment)and has not appealed those approvals.Our client has only appealed
OPA 43 and does so on a limited and site-specific basis. Out client's concerns with.OPA 43 are
limited to the lands it owns on both the east and west side of Bennett Road,from Highway 401 to
Baseline Road. To this extent our client's appeal is site-specific. Our client concern is also
limited to the following four(4)policies in OPA 43:
Policy 16
• Policy 21
. Policy 53
. Policy 58
Our client has appealed OPA 43 because of the timing of the passage of OPA 43 in relation to
the timing of the municipality's final decision on the ANT development applications. Our
appeal is,therefore, technical insofar as our client hopes to be able to withdraw its appeal to
OPA 43 if and when the municipality approves the AYT development application.
We also wish to confirm that our clients are not seeking to have the retail permissions they are
seeking take effect until 2016. Our client's applications propose that the planning documents
allow retail permissions, but not until 2016.
We trust that tbis in understanding our client's position.
Yours very truly,
Ira T.Kagan
cc. AYT Corporation
peter Walker and Mary Feehely
x;pMµrlw,x,au�c...avv xa xOxs..
188 Avenue Road,Toronto,Ontario M5R 2j
p.2 Phone:(416) 368-2100;Fax:(416) 368.8206
1556
Cl�rrtg1 ►n OTHER BUSINESS
beading the Way
MEMO
TO: Mayor & Members of Council
FROM: Anne Greentree, Deputy Clerk
DATE: March 21, 2007
RE: BOARDS AND COMMITTEES APPOINTMENTS
OUR FILE: C12.GE
An advertisement was recently run in the local newspapers seeking applications from interested
parties to fill a vacancy on the Clarington Museums and Archives Board (representing Ward 1) and
two vacancies on the Traffic Management Committee (one representative from Ward 1 and one
representative from Ward 4). In response to the ad, the following individuals have submitted their
applications:
Traffic Management Committee
Shane Morris —Ward 1
Alexander M. Lyall —Ward 4
Barbara Joan Montague —Ward 4
Museums and Archives Board
No applications were received in response to the ad.
The application forms for the above-referenced individuals have been circulated under
separate cover.
Samuel Wilmot Nature Area Management Committee
Also, there has been a vacancy on the Samuel Wilmot Nature Area Management Committee which
needs to be filled. Applications are on file as follows:
Jean-Maurice Cormier
Karin Murphy'
" indicates incu ben o Committee
n e Green ee
PB"bmb
cc: Chief Administrative Officer and Department Heads
Patti Barrie, Municipal Clerk
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)6�36f ?6
C� On MEMO
Leading the Way
PLANNING SERVICES
TO: Mayor Abernethy and Members of Council
FROM: David J. Crome, Director of Planning SeN?WR16 Fr111:55-26
DATE: March 16, 2007
SUBJECT: AYT CORPORATION APPLICATIONS
FOR LARGE FORMAT RETAIL CENTRE AT THE NORTHEAST CORNER
OF HIGHWAY 401 AND BENNETT ROAD
FILE NOS.: ROPA 2004-006, COPA 2004-007 AND ZBA 2004-055
We will be bringing a report on the AYT Corporation's applications to Committee on March 26,
2007. The AYT Application proposes a large format retail centre comprising approximately
583,600 sq. ft. inclusive of a proposed hotel. In order to give you some background, I am
providing the following:
• Clarington Commercial Policy Review: Final Report dated May 30th, 2005 (An executive
summary is contained at the front of the report)
• Section 12 of Report PSD-027-06 dated March 1, 2006 on the Commercial Policy
Review and the Related Applications, including the AYT application
• Report PSD-083-06 dated June 19, 2006 on the AYT Application. This report was
tabled by the previous Council. This report includes staffs earlier report PSD-097-05
and Council's Resolution C-110 -06 dated March 1, 2006, which directed staff to
undertake negotiations with the AYT Corporation.
For those who would like a briefing on this issue, please let me know and I can meet with you.
II have also arranged forthe retail market analyst to make a presentatiprjtQ Committee'on
March 26th, 2007. �!GCJ
David
cc: Franklin Wu, Chief Administrative Officer ( _ .
Patti L. Barrie, Municipal Clerk ✓
t�} zr3A 0-55
G9 Cut)f A Oa 7
CORPORATION OF THE 4UNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T 905-623-3379 TF 1-800-563-1195 F905-623-0830
1
Newcast e BIA
March 26, 2007
Municipality of Clarington,
40 Temperance Street
Bowmanville, ON, LIC 3A6
Re: General Purpose & Administration Meeting, AYT Corporation.
Report#: PSD-083-06
File No's: ROPA 2004-006, COPA 2004-007, ZBA 2004-055
The Newcastle BIA urges the council to implement the recommendations of the staff
planning department, which is to refuse the application by AYT corporation.
This application for large scale commercial retail developments on Bennett Road at 401
is not necessary and will have a devastating effect on the Newcastle BIA and will stop
further growth and redevelopment of the downtown area. The area in question is also
best suited for light industrial uses and the council should follow through on the theme of
encouraging a Science and Technology park.
The council should be judicious in making the best use of our limited land and resources.
The staff report is very clear and we ask the council to implement these
recommendations.
Yours truly,
Tenzin Gyaltsan
i
MAP A-1 : Existing Retail Nodes — Municipality of Clarington
MAP A-4 Downtown Bowmanvil
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