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HomeMy WebLinkAbout03/26/2007 r 'zin Ontario`� Ene gr g 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, 301 General Purpose and Administration Committee 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 . 2 . 302 i General Purpose and Administration Committee 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. - 3 - 303 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; -4 - 304 General Purpose and Administration Committee Minutes March 2, 2007 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 _ g - 305 General Purpose and Administration Committee Minutes 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 - g - 306 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 - 7 - 307 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; _ $ _ 308 General Purpose and Administration Committee Minutes 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 - 9 - 309 General Purpose and Administration Committee Minutes 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 - 10 - 310 General Purpose and Administration Committee Minutes 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 - 11 - 311 General Purpose and Administration Committee Minutes 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 - 12 - 312 ( iagton li=✓we�w r 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) 313 General Purpose and Administration Committee Minutes 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 - 2 - 314 General Purpose and Administration Committee Minutes March 5, 2007 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. - 3 - 315 General Purpose and Administration Committee Minutes March 5, 2007 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 - 4 - 316 General Purpose and Administration Committee Minutes March 5, 2007 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 - 5 - 317 General Purpose and Administration Committee Minutes March 5, 2007 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); - g - 318 General Purpose and Administration Committee Minutes March 5, 2007 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 - 7 - 319 General Purpose and Administration Committee Minutes March 5, 2007 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 .g _ 320 General Purpose and Administration Committee Minutes March 5, 2007 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; - 9 . 321 General Purpose and Administration Committee Minutes March 5, 2007 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) - 10 - 322 General Purpose and Administration Committee Minutes March 5, 2007 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 - 11 - 323 General Purpose and Administration Committee Minutes March 5, 2007 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 - 12 - 324 General Purpose and Administration Committee Minutes March 5, 2007 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 - 13 - 325 General Purpose and Administration Committee Minutes March 5, 2007 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 - 14 - 326 General Purpose and Administration Committee Minutes March 5, 2007 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 - 15 - 327 General Purpose and Administration Committee Minutes March 5, 2007 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 - 16 - 328 General Purpose and Administration Committee Minutes March 5, 2007 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 - 17 - 329 General Purpose and Administration Committee Minutes March 5, 2007 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 - 18 - 330 General Purpose and Administration Committee e Minutes March 5, 2007 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 - 19 - 331 General Purpose and Administration Committee Minutes March 5, 2007 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 -20 - 332 General Purpose and Administration Committee Minutes March 5, 2007 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 - 21 - 333 General Purpose and Administration Committee Minutes March 5, 2007 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 II � m c � R a E ci c - G Q O pa, ti imws wonusnn O N W N c N N U) m Q- c IL. s3m arm avns N 1� W / o _ a m, z h o �o > Z g .' to n "M t1vaJ=,�id :r o Q '- r m Ti iLL'9efi f 'fi5 X)) y I,t/ is Z Cl—ws; /04� C � —��.. p� ^,•'a V •gym° ! a. N lTr—� 01 it n. M L•L � _ I.A14MYd'fins— 3 � V -}- �l M. f, 504 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 606 m 0 � D � d n o =r w (D CA o — 4 N 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 �E o+oa waao E 3 E c J o r o r w 0 m - •saao NoluvNOe m V w u ti Q 14. CL. O c 0M I 1 ro J33WS Oo Sna �`� N R N C N <' A n 0 CO IL -i e o N c N y c N c CL 0 CL saao a m nmNS �' iaa N O; (1VOZ1 N33N!D r j 1 F • Cl) W - W a ' z z M D O N � � z > O U z a j I� - la. os a t N ?x+rl 1�1Y'aJe'Mj C�L6 ii Q Q '� �y�(/ N � cr..s � now •, ;^ n�p3 7\ a • __ p v 3 $ T � � MAN_ I � 3Nq 11V3JeSW 615 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. �__x t DURHgM \� Q Dunbury Homes Condominium Project I w CD n " Q r 1 � ] s ®Zoning Change From "A" To "R1-68" Jim Abernethy, Mayor Patti. L. Barrie, Municipal Clerk g DURHAM HlCHWAY 2 93 zg c p gZ 0 rc o u y 0 PRINCE WI BONI£MNO / Bowmanville 61.7 Claris��W� /n 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 624 m N cn --i 0 70 CD 0 D cn m 03 N N (D = O a I 0 3 Property Location Map(Former Darlington Twp.) s R I $ Islr -b0 / NY 3d mn -�I0D.4.11IN \� d� -,•.1=�r — stare —_--_ SpVd oti ` c P z I I I \ ai\ „ I It LLJ fir" W e?'• 1 I \ M\\ 1 _ rn v r 1 h 11 Y tl \S 1\ m \ -1\�= ---- $r,�, �� ` -,11 VENTON Pte@ ao\ ;� i ap \ eo ° "A (DC 1 1 3 \ \\, I, III COURT 1 Q mf wm r O . 1 1 1 `\ f r \\_ a 116• 1 '�\r on ♦ r I ♦ 2 \ 1 O k % J 18T-86012 r��•3.02./II.dLN� � .�.�r. ...66'66 )13�.Ot.er,l!1�', � 1 Amendment to Draft Approval �p i I if'1tx 391 PAIN An ril 7 1 �B3 Owner: 464367 Ontario Limited --i 0 70 CD 0 D cn m 03 N N (D = O 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 m �������QIIIIIIIII� ���`%'.■IIIIIIID\\,�Q�\�\\\��f,� • �r■■■■■1\�c IIIIIIIIIi��.i11111 all N JUMP' MR�..V r6 V � •n � � FIR �1 � Y 1 3 r 5 a h v 1 v 5? t pR P 1 G a p Milli E r —m t s �, c flz4 �YaO� Ni a �� d1 h aJ�w-, �k! Am FF,' F T 1 ,i .v 1 V Y 4fi 'M1 t 4 R: y f t' vwy� fie �n On, 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 1 - - I NO10G I (3"50) 0 200 400 SW 800 m 200 m 1 CONCESSION ROAD 3 1 u^i (� I 9 w Fri 1 \(5650) � (5500 I o a 1 ¢ w � N Z 1 11 ELGIN 6 z ROOKHI (3900) APPLE BLO M 4500) ; (4756, 1 U 4 0 CONCESSION STREET 1 2 KING 5i. (2000) cJ m I AL 1 2 I T CENTRE 0 n VIN (360 ) g Ey DARLINGTON (4000) 1 GREEN) 1 I WA(41 1 3700) 13 (az00) 1 w ALE 3 I (47 0) MEMORIAL 1 w ( ) BASELINE ROAD 1 CHANGE POPULATION I FROM'"3200"TO "3350" HicHwgy °<1 1 it zI0 ORT DARUN m (3200) 1 1 IraKE or✓raRro MAP H2 1 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. OUR "m-,� HIGMWgy ? i �J • yep ' o 3 O m O ' Z � W R W F � s (7 Zoning Change From "A" To "(H)R4-29" Jim Abemethy. Mayor Path L Barrie. Municipal Clerk — aw,eemv cvime '� .mwewr.raax e[uawt I I g Axef II d II tl II rz I "•r�"" ruae>e M0aAv � re fir• I OW Vy Mar••r 1 I II I II ------- ------ rrn'1 Bowmainville s 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 P,r L 3 L 3 !�` T _ y✓�,„„�� J ? t t Y.a.sP••• �••� jt YX VIA y a x <j '.� ��yi'�_.�p�• " � � two\ �' f Fes'` r►� ,`' l }'�� ��� n't ;1 +Y 7' �,v � '�t • �'° �� chi Y + �'� qs ? � 1t �� ..� \� '4: t a`• :$1 �' troy s ' .' �,iy - _ - ►' �''a�e`,,`:.�g:�.ti. '� • • - � .r -- F 1 . Syr �� .g fie' c"- - k _ #•6e � - 'Y.. + �ek '* --c ^:r r� ;: $�fi�`� �k��°-c�"-e.. � 4 �+wr ��t �ti 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. 9 814 FEE.I.PE co cn Fownc�xvx1r 9EE NFN11.10E AFWCIFI{E SF6 NLYI PAB6 HM I( L BBFHBY 10 b h N r h i� a w.Y.w n a a h ° N 8 °r' rwww. UJ Ll VY.WIII - • p N 14 _ .. O N d m c q upq ti N N -�N N O! N N N p N N N � O Q F h d ° KA^Y I.Y.P.Y'PmY..M^J E 9Y ii o LLI v . W La qm 0 .Na r• Q Q W U Q W Z 6 N CD t � r w 816 �-- Rutherford Woods Walk Exit �� Sfafipn St ORONO PAR co l 'C J i Princ ss St � I .w jjjj jj WASLS, NGEROOM I s Go m>w 'ml S PARKING r. LOT BLEACHERS NORTH BASEBALL BAT DIAMOND CA GE i H 1 i i E liml i 12 817 C ar�n n Leading the Wa �� y 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 1002 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! 1003 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. 1 004 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. 1005 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. 1006 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 1007 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 1008 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. 1009 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. 1010 REPORT NO.: CSD-004-07 PAGE 11 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, 1011 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 1012 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 1013 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 . .�!!�a"� 11 . �,'>P B =-� 11 . P°Idjj 11 �, °�03 11 . � �B�B'�� I1 . �J 6F II . yet'{.�„ 11 . i.i(�a o" 11 . ��yy{{JJ tv ®• �J' t�" ��"�'rcNzk, ® � ror. ® �� m�®@�$^�` �M1. � ��":s ip� ";a"' µ Q�-�j��� -�': 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 -4- 1107 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. -6- 1109 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. -7- 1110 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. -8- 1111 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. - 10- 1113 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 G 4 } 1 • i "WITWIt 4 1 xe T fifF r` .. e d, .dCSt •'t 2 ra � z lqx s. "WITWIt 4 1 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 . BaseBne Road(FAA Access) - -- 3 �MEMO �J C 8 ° ® �I i . Stom Water Ma gwrwd nm TBa1 aft r-Mzsft . 1.48 ha 11µp�ppratbea-AD51h I GFA.-+31215 Wm. 1p1c°piae-ffieA :. Highway 40, - Prwre Span PiMead-xPj1H Bowmanville Key Map ZBA 2004-055 o Zoning By-law Amendment COPA 2004-w . o Clarington Official Plan Amendment 4 . . Subject . Lands ROPA 2004-006 ., Regional Official Plan Amendment Owner: AYT Corporation 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). '. OW fQ ® � o ® i 4m3 atla Strom Water Management rdw:a.Me.-sirs n. 1.48 ha woe.acpnw -20.31ha I GFA,-+5405 aqm I LA coma2a-266% ' - Nt g p w a Y.40, P•dd�R Spws r,wmaa-x z rte sowmanville Key Map -055 2®04 HKMW y 2 _ o 40 Zoning By-law Amendment �-- $ COP.A 2004-007 p Claringion_Official Plan Amendment ... . 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. 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