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Home My WebLink About07/30/2007 ClarmntnH Energizing Ontario b () GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: July 30,2007 9:30 A.M. COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of June 18, 2007 301 4. (a) PRESENTATIONS (i) Doug Allingham, TSH Engineers, Architects & Planners, 407 EA Preferred Route (b) DELEGATIONS (i) Libby Racansky, Ontario Stewardship Rangers and Hancock Neighbourhood (ii) Libby Racansky, Black Creek Developments (iii) Glenn Genge, DG Biddle Associates, Black Creek Developments (iv) Jesse Parsons, Camfest and Underwear Pick Up (v) Bill Stockwell, Waterfront Trail through Wilmot Creek Community (vi) Karin Dieter, Exemption from Special Events By-Law Requirements (vii) Linda Gasser, 407 EA Preferred Route 5. PUBLIC MEETINGS (a) Application to Amend Zoning By-Law 84-63 Applicant: Hybridyne Power System Canada Report: PSD~89~7 501 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - July 30, 2007 6. PLANNING SERVICES DEPARTMENT (a) PSD-089-07 Solar Energy Generation Facility 601 Applicant: Hybridyne Power System Canada (b) PSD-090-07 Monitoring of the Decisions of the Committee of 614 Adjustment for the Meetings of June 21 and July 5,2007 (c) PSD-091-07 Rezoning to Redefine the Front Yard of Six Townhouse 628 Units Applicant: Prestonvale Heights (d PSD-092-07 Rezoning and Proposed Draft Plan of Subdivision to 637 Permit the Development of 48 Residential Units Applicant: Black Creek Developments Ltd 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-048-07 Monthly Report On Building Permit Activity For June, 2007 701 (b) EGD-049-07 Agreement of Understanding for Springfield Meadows III 707 Applicant: 708545 Ontario Limited (Geranium Homes) 8. OPERATIONS DEPARTMENT No Reports 9. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 10. COMMUNITY SERVICES DEPARTMENT No Reports 11. CLERK'S DEPARTMENT (a) CLD-027 -07 Appointment of Private Property Parking Enforcement 1101 Officers (b) CLD-028-07 Quarterly Parking Report 1105 (c) CLD-029-07 Approval of Tile Drainage Loan Application - 1108 David Hannah G.P. & A. Agenda - 3 - July 30, 2007 12. CORPORATE SERVICES DEPARTMENT (a) COD-042-07 CL2007-32, One (1) Natural Gas Powered Ice Resurfacer 1201 (b) COD-043-07 CL2007 -5, Sale Of Advertising Requirements Rink Board 1204 Signs & LED Display Boards (c) COD-044-07 Co-Operative Tender T282-2007 Supply and Delivery of 1214 Winter Sand (d) COD-045-07 Tender CL2007-33 Rooftop HVAC Replacement at 1217 Garnet B. Rickard Recreation Complex 13. FINANCE DEPARTMENT (a) FND-015-07 Cash Activity - Second Quarter of 2007 1301 14. CHIEF ADMINISTRATIVE OFFICE No Reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT CORPORATION OF THE MUNICIPALllY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: Hybridyne Power System Canada - AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington has deemed the above noted application complete and will consider a proposed Zoning By-law Amendment, under Sections 17 and 34 respectively of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Hybridyne Power System Canada would change the zone category of 10.5 acres parcel of land from "Agricultural (A) Zone" to permit the construction of 2 mega watt solar photo voltaic grid- connected renewable electricity generation plant which is comprised with approximately 11,000 solar panels and 10 power inverters stored in five 8 feet X 40 feet metal containers. The subject property is located in Part Lots 19, Concession 2, former township of Clarke, as shown on reverse. Planning File No: ZBA 2007-0035 Cl~-!lJgtDn PUBLIC MEETING REPORT # PSD-089g07 HYBRIDYNE POWER SYSTEM CANADA 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, July 30, 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. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the approval of the Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 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 4:00p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Janaka Wijesundara, Community Planning and Design Branch at (905) 623-3379 extension 421 or bye-mail atiwiiesundara@clarinqton.net APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment 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 28th day of June 2007. AI.. ~ David Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington "."~~ ",-"",=,...~r-"'~:~T1!T;':l'""'''''''''"-'''","",''' ~"",""UO""""'I''''Jr_",,"," ,~.~....~ 40 Temperance Street Bowmanville, Ontario L1 C 3A6 ,....,..,.~....~7":":'~~,..-- """f~-~~ _ '~,,,,:--,,"""'r~.,....,........,,..,..,~~,~~r~,_ '" _..... .......R~_,...,... u.-"H .~" ....T ~~:!':." ..9!1:.J.':"'~'7 501 ........ ~ "> f!) c: ~ m - Iflll___ CL CIS :z c: o ~ CIS U o ..J ~ CD CL o ... Q. - c: CIS .~ i3. a. <( >. .0 "0 OJ c: ~ Ul "0 c: CIS ..J Ul _ "0 0 c: ... ClI OJ ..J "0 tS .5 m CIS :c- E ::J m CJ) 0:: I~ 1\ UU.';:I,....llN\,~.... ...~... " .". avo~ 3111^SNMO~8 Cl ,., z - ffiEC .... c!l~~ . 0 Ii. " :e l/) ~ - c: "~ i3. c. <( >. .0 "0 m c: 6 U) "0 c: CIS ..J - o 0- m "0 c: "ffi E m a:: en ..J" w ';'-Z' nT~- ~.~.. :r: M..' Cl.N :..:........-- -.-- 9999c Nlc' -~. ---.. .' (ef) L 10(7 -. 9999~" IV/d"' ..l I IVV:"0" ./ : ., / ....-.__c lUe:l!lddv,t;q paUMQ spuel JO Japu!ewa~ N ~ "'~.l a "" :c I~ 0: :J Cl "I -- I , I -.-- I I t- Z w :E c anZ MW 02: C?c( g~ N. <(>- ma:J NCl Z - Z o N _.15 " -, 'U ".:.... .. ::s '-. ".11;. :CD " " .(1) ...:.:'_;~ . ':~~ ., -'>:- i ,,:-..:0 / / , " ~,_.c'" ',~':'~ .. j ~ 502 Cl!J!.mgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, July 30,2007 Report #: PSD-089-07 File #: ZBA 2007-0035 By-law #: Subject: SOLAR ENERGY GENERATION FACILITY APPLICANT: HYBRIDYNE POWER SYSTEM CANADA RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-089-07 be received; 2. THAT provided there are no major issues raised at the Public Meeting, the application for Zoning By-law Amendment (ZBA 2007-0035) submitted by Hybridyne Power System Canada to change the zoning category of 10.5 acres land from "Agricultural (A) Zone" to "Agricultural Exception Zone A- 80" to allow the proposed solar energy generation facility and that the By-law contained in attachment be PASSED; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: David . Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer o ~.._:-t~rtt_ JW/COS/DJC/df/sh/jd July 24, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-089-07 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: Hybridyne Power System Canada 1.2 Owner: Blaise Pucci 1.3 Proposal: 2 Mega Watt solar photo voltaic grid- connected renewable electricity generation plant (solar energy generation facility) 10.5 Acres 1.4 Area: 1.5 Location: Part Lot 19, Concession 2, former Township of Clarke 2.0 BACKGROUND 2.1 On June 15, 2007, Mr. Thomas Cleland, on behalf of Hybridyne Power System Canada, submitted an application for a Zoning By-law Amendment to allow for the development of a solar energy generation facility in 10.5 acres of subject land. 2.2 Prior to making the above application, the applicant had a pre-consultation meeting with planning staff on the proposal on February 23, 2007. 2.3 As part of the application, the applicant submitted the following documents/studies: · Agricultural Land Impact Analysis Report dated June 14, 2007 prepared by Toombs Consulting. · Conceptual Site Plan Drawing dated June 12, 2007, prepared by IBI Group. · Grading and Drainage Plan dated June 14, 2007, prepared by Jacques Whitford. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is currently vacant. The subject property is characterized by bush vegetation and a few trees (see figure 1). To the south, seven existing residential buildings on Highway 2 and one residential building on Brownsville Road back on to the subject land. To the east, ten residential buildings front on Brownsville Road opposite to the subject property. The north and west sides of the property face to the existing farm lands. 602 REPORT NO.: PSD-089-07 PAGE 3 FIGURE 1 A view of the development site from Brownsville Road FIGURE 2 The view of the Southeast corner of the development site from Brownsville Road 603 REPORT NO.: PSD-089-07 PAGE 4 3.2 The surrounding uses are as follows: North South - East West - Existing farm land and Golf Course One and two storey residential buildings Brownsville Road and existing residential buildings Existing farm land and residential buildings 4.0 PROVINCIAL POLICIES 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) states that 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. These energy systems are to be permitted in settlement areas, rural and prime agricultural areas in accordance with the provincial and federal requirements. In rural areas and prime agricultural areas, these systems should be designed and constructed to minimize impacts on agricultural operations. The PPS also say that prime agricultural areas (where prime agricultural lands predominate) shall be protected for long-term use for agriculture. Specialty crop areas shall be given the highest priority for protection, followed by Classes 1, 2 and 3 soils, in this order of priority. Proposed new secondary uses and agriculture related uses shall be compatible with, and shall not hinder, surrounding agricultural operations. New land uses shall comply with the minimum distance separation formula. The proposed solar energy generating facility would contribute to the removal of the land from an agricultural area. Municipalities may only exclude land from prime agricultural areas for limited non-residential uses provided that: · the land does not comprise a specialty crop area; · there is a demonstrated need within the planning horizon provided for additional land to be designated to accommodate the proposed use; · there are no reasonable alternative locations which avoid prime agricultural areas; and, · there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. 4.2 Greenbelt Plan The Greenbelt Plan designates the lands as Protected Countryside area and the subject land is subject to the Rural Areas policies under the Agricultural System. The Natural Heritage System Policies state that new developments or site alteration as permitted by the policies of Official Plan shall demonstrate that there will be no negative effects on key natural heritage or hydraulic features, connectivity between key natural features are enhanced, removal of other natural features should be 604 REPORT NO.: PSD-089-07 PAGE 5 avoided and the disturbed area of any site does not exceed 25 percent, and the impervious surface does not exceed 10 percent, of the total development area. The proposals for non-agricultural uses must demonstrate that the use is appropriate for location in a rural area and there are no negative -impacts on the biodiversity or connectivity of the Natural Heritage system. The subject land lies entirely within the Greenbelt, but is not located in proximity to the natural heritage system. The site falls outside the regulatory 120 m key hydraulic or natural area buffer zone. The site is generally level thus it experiences significantly little runoff even during larger precipitation events. No earth moving is required for the proposed development and there will be no negative impacts on the natural heritage system. 4.3 Provincial Growth Plan The Growth Plan states that the Municipalities are encouraged to plan for a variety of cultural and economic opportunities within rural settlement areas and the development outside of settlement areas, may be permitted in rural areas, if they can not be located in settlement areas. Municipalities will develop and implement official plan policies and other strategies in support of energy conservation including identification of opportunities for alternative energy generation and distribution. The proposal meets the policies of the PPS, Greenbelt, and the Provincial Growth plan. 5.0 OFFICIAL PLANS 5.1 Durham ReQional Official Plan The Durham Regional Official Plan designates the subject lands as 'General Agricultural Area'. General Agricultural areas shall be used predominantly for agriculture and farm related uses. In addition, non-agricultural uses, such as riding and boarding stables, kennels, allotment gardens and fur and sod farms, may be permitted, provided that such uses are compatible with their surroundings, will not conflict with agricultural activities, and conform with the Agricultural Code of Practice. The policies restrict the development of the lands with class 1 to 4 soils as defined by Canada Land Inventory Soil Capability Classification for Agricultural Capability. The development of electric power facilities is to occur in an orderly manner to facilitate the efficient and reliable provision of adequate electric power. Electric power facilities are permitted in all land use designations, provided that the planning of all such facilities satisfies the requirements of the Environmental Assessment Act and is carried out having regard to the other policies of this plan. The proposal conforms to the Durham Regional Official Plan Policies. 605 REPORT NO.: PSD-089-07 PAGE 6 5.2 Clarinqton Official Plan The Clarington Official Plan designates the land as General Agricultural Area and they shall be predominantly used for farm and farm related uses including the use of land, buildings and structures for nurseries, the growing of crops and raising of livestock. Home-based occupations, limited home industry uses, seasonal farm produce stands are permitted provided the produce is grown locally. In-addition, lands may be used for farm related industrial/commercial uses such as grain drying, bulk storage and the sorting of produce, farm co-operatives, livestock sale barns, abattoirs, animal husbandry services and far machinery sales and repair. The Official Plan states that such permitted uses: · Are compatible with the existing and/or designated land uses in the surrounding areas and do not generate excessive amounts of odour, traffic and other nuisances; · Do not conflict with surrounding agricultural operations · Are not located on Class 1 or 2 soil as defined by the Canada Land Inventory of Soil Capability for Agriculture · Conform with the Minimum Distance Separation Formulae · Do not abut any designated rural settlement areas. Although the Clarington Official Plan policy on Utilities states that new electrical generation stations proposed by private corporations shall only be permitted by amendment to the official plan, it does not specifically speak to a solar energy generation facility, which is significantly different than typical electrical generation stations in terms of building mass, visual impact, infrastructure demand, etc. Generally, the visual character of this kind of small scale solar panel farm would be much similar to a green house/nursery development which is permitted in the current Clarington Official Plan. The nature of the type of use proposed is passive; the type of use does not introduce or attract human activity. The proposed location for the solar energy generation facility at the south east corner of the block of existing farm land does not fragment the existing field patterns. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands as Agricultural (A) Zone and permits a single dwelling, home occupation uses, cemeteries and places of worship, conservation and forestry, a farm, a wayside pit or quarry, commercial kennels (existed prior to June 28, 2004), fur farms, riding and boarding stables, seasonal farm produce sales outlet and private kennels. The Zoning By-law does not permit the proposed use and therefore this requires an Amendment to the By-law. 606 REPORT NO.: PSD-089-07 PAGE 7 7.0 CLARINGTON CORPORATE STRATEGIC PLAN 7.1 The Clarington Corporate Strategic Plan adopted by Council in June 2007 promotes alternative energy technologies and recommends giving high priority to the development applications that support alternative energy technologies. 8.0 SUMMARY OF BACKGROUND STUDIES 8.1 An Agricultural Lands Impact Analysis Report has been provided to support the application. The findings of the report are as follows: · The development does not take any farmland out of production. · There will be little disturbance to the land and no foreseen conflicts or impacts with any abutting agricultural uses. · Development complies with the Minimum Distance Separation requirements. · The site is not considered as a prime agricultural area as defined by Provincial Policy Statement. · There are no anticipated conflicts with the surrounding agricultural uses. 9.0 PUBLIC NOTICE AND SUBMISSIONS 9.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands on June 30,2007. The appropriate notice was mailed to each landowner within the prescribed distance of 120 metres from the site on June 29,2007. 9.2 Three residents in Brownsville had phone inquiries on the proposed project. One person commented that the security fencing should be installed around the solar panel construction area, and not along the property boundary. Furthermore, he mentioned that an intensive tree screening should be required along the south boundary of the property to deal with the negative visual impact due to the development. 10.0 AGENCY COMMENTS 10.1 The application was circulated to relevant agencies on June 20, 2007 and the following comments were provided. · Clarington Engineering Department had no objection to the application. The following technical issues will be dealt with as part of the site plan process. o A small ditch to be installed along the southern extent of the proposed site on the northern side of the tree buffer must be clearly shown. o The details of the proposed fencing should be provided and the costs related to the construction of an entrance/access to the subject property from Brownsville Road will be the responsibility of the developer. 607 REPORT NO.: PSD-089-07 PAGE 8 . Clarington Building Division has no objections to this application and the applicant will be requested to pay the required municipal and regional development charges on the enclosed solar inverters to be enclosed in shipping containers. . The Durhar:n Regional Planning Department has provided following comments: liThe solar power facility is proposing to generate two megawatts of power on ten acres of an uncultivated portion of an agricultural property; the remainder of the property is being actively farmed. The proposal is permitted within the Regional OP General Agricultural designation and is exempt from EM requirements. Both the PPS and the Growth Plan support renewable energy systems in rural areas. An impact analysis submitted in support of the application indicates that agricultural operation will not be impacted. A Regional Official Plan Amendment is not required and we have no objection to the proposal". · The Regional Health Department commented that they have no objections. · The Hydro One has no objection to this application. 11.0 STAFF COMMENTS 11.1 The Durham Regional Official Plan supports these type of uses and states that electric power facilities are permitted in all land use designations, provided that the planning of all such facilities satisfies the requirements of the Environmental Assessment Act and is carried out having regard to the other policies of this plan. The Clarington Official Plan did not contemplate commercial scale solar energy generation facilities but this project supports the sustainability objectives of the Plan and it is reasonable to consider this as a desirable use with minimal impact on surrounding uses. 11.2 Under the new Environmental Assessment (EA) requirements for electricity projects, the Ministry of Environment has classified electricity projects based on the type of fuel to be used, the size and, in some cases, the efficiency of the planned facility. There are three categories of projects, each with different requirements. Category 'A' projects are those which are expected to have minimal environmental effects. The Solar Energy generation projects are classified as Category 'A'. These projects do not require approval under the Environmental Assessment Act, and are not designated as being subject to the Act in the Electricity Projects Regulation. Also the applicant has stated that the proposed project has the transformer station capacity less than 115 KV, and therefore this does not require Certificate of Approval. 11.3 The subject land is not being farmed and it is not a part of a specialty crop area. As per the agricultural assessment report prepared by Toombs Consultants, the Canada Land Inventory mapping indicates that the eastern 70% of the site is a Class 4 soil with stoniness limitations and the western 30% portion is a complex of 70% class 1 and 30% class 3 soils with topography limitations. Therefore the majority of the site is not prime agricultural soil. The proposed use is justifiable in terms of the Provincial Policy Statement. 608 REPORT NO.: PSD-089-07 PAGE 9 11.4 Through a review of aerial photos since the 1980's, it was determined that the land has not been farmed for more than 20 years. As such, trees and other scrub vegetation have started to grow on the lands. This development will not take current farm lands out of production. The development is proposed in such a way that the physical disturbance to the land is minimal. The solar panels are to be fixed to the ground by steel poles directly driven into the soil and no concrete pad construction is proposed on the site. There will be no construction of any structures such as office buildings on the site and five containers which house solar invertors are to be placed on the ground. The applicant proposes that after anchor post and solar panel installation, the site will be generally reseeded with a shade tolerant grass mixture to reduce future soil loss and erosion from runoff. Therefore, if the development was decommissioned, the land could revert back to lands for farming without much effort. In that case, the entire solar photovoltaic system will be disassembled and removed from the site and steel support structure will be dismantled. Any concrete foundations and electrical conduits will be disposed of and all, road ways will be removed and necessary methods will be taken to rehabilitate the soils to resume agricultural operations. 11.5 The visual disturbance to the adjacent residential land owners will be minimized by providing a screening with landscape buffer zones. Coniferous and other trees will be planted in the south and east boundaries. It is the applicant's intent to relocate many of the existing trees in the subject property within the buffer zone and maintain them to ensure their survival. Due to the relatively low height of the panels (1.5m from the ground), visual impact is expected to be minor. 11.6 The site is developed with a graveled access lane and the solar panel and shipping container area of the site is fully protected with a 2.4m high chain link security fence with a gate hence no public risk is anticipated. 11.7 The applicant has forwarded a site plan for the proposed project and it is under review. A site specific Zoning By-law Amendment is recommended on the following basis: . The proposal is consistent with the Provincial Policy Statement and Official Plans. The site is located predominantly on lower priority soils and it does not fragment the existing field patterns. . The proposal demonstrates that the disturbances to the existing agricultural operations are minimal. This development minimizes the disturbance to the soil and does not alter the site significantly and could revert for use as a farm. . The proposal will be compatible with the adjacent land uses. . The equipments and electrical components do ,not create adverse noise. · There will be no increased traffic in the area. . The project supports the sustainability objectives of the Clarington Official Plan and the economic development objectives of the Municipality's Corporate Strategic Business Plan. . The site plan process that is running concurrently will deal with technical issues such as landscaping, landscaped buffers, drainage, and entrances. 609 REPORT NO.: PSD-089-07 PAGE 10 12.0 CONCLUSIONS 12.1 In consideration of the comments received from the circulated agencies the public and our planning review of the proposal it is recommended that, provided there are no major issues raised at the Public Meeting, the application for Zoning By-law Amendment (ZBA 2007 -0035) submitted by Hybridyne Power System Canada to change the zoning category of 10.5 acres land from "Agricultural (A) Zone" to " Agricultural Exception Zone A- 80" to allow the proposed solar energy generation facility and that the By-law contained in attachment be PASSED. Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment List of interested parties to be notified of Council's decision: Dan Boudreak Michael McLenon 610 - :! '> 1/1 c: !t e m - c. ra ::E c: o :0:: ra u o ..J ~ Gl C. e D. 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III ...J 'lii c: III 0. :s 611 Attachment 2 To PSD-089-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007-_ being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with applications ZBA 2007-0035 to permit a photovoltaic grid connected electricity generation plant ( a solar energy generation facility) development as a permitted use; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4"- Special Exceptions - Agricultural (A) zone" is hereby amended by introducing a new sub-section 6.4.80 as follows: "6.4.80 AGRICULTURAL EXCEPTION (A-80) ZONE" Notwithstanding Section 6.1, 6.2 and 6.3 those lands zoned A-80 on the Schedules to this By- law shall only be used for a farm or a pholovoltaic grid-connected electricity generation facility subject to the following definitions and zone regulations: a) Definitions i) Coniferous Plantin!:! Strip A landscape feature comprised of coniferous tree species planted in such a manner as to visually screen the view of one property from the adjacent property. b) Regulations i) Front Yard set back (minimum) 75 m ii) Rear Yard Set back (minimum) 10m iii) Interior side yard set back (minimum) 10m iv) Lot Area (maximum) 5 ha v) Total floor area of buildings (maximum) 250 sq m vi) Planting Strip Requirements A coniferous planting strip shall be required along the south and east limits of the solar panels. 2. Schedule "2" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone", to "Agricultural Exception (A-BO) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. 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 612 This is Schedule "A" to By-law 2007- passed this day of ~ 2007 A.D. Remainder of Lands Owned by Applicant '1"- I:' PHASE 3 PHASE 2, ~" 230JPAl'I~LS 'If 2311 PArlELS ~ :~~D'~"f '.; " i, 1: .~. c'4;~"~~SIo"'.(.~ .,~~rb~ PHASE; -~ 'j 12719 PAN~sf . j , ..f '~'..~= · ~ / ~'.\.0GA.'1Qlf' c: "', .>1 0. 0. ct ,... .0 'al ". 1\ ~ \f"J'" " "-. \:.; I '. ~~ "". '''", ,~ I .<t. '::; "- I ~ '< ~ .~ I', : (, "i; 1).' ~ ~' \ DURHAM HIGHWAY 2 W>d Zoning Change From "A" To "A-80" , . ; o <l; .' , 0 0:: Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk II II II II II H'GH1iY 2 J f= Clarke 11II Subject Lands ~ Remainder of Lands Owned by Applicant 613 Clw:mgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, July 30, 2007 Report #: PSD-090-07 File No's: A2007-0027, A2007-0028, A2007-0029, A2007-0031, A2007-0032, A2007-0033, A2007-0035, A2007-0036 AND A2007 -0037 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JUNE 21 AND JULY 5, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-090-07 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on June 21, and July 5, 2007 for applications A2007-0027, A2007-0029, A2007-0031, A2007-0032, A2007- 0033, and A2007 -0035 through A2007 -0037 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and, 3. THAT Council supports the appeal by the Regional Municipality of Durham to the Ontario Municipal Board with respect to the decision of the Committee of Adjustment on application A2007-0028 and authorizes staff to attend the hearing. Submitted by: Reviewed by: ;~,~ 0-)~ Da J. Crome, M.C.I.P., R.P.P. Director of Planning Services Franklin Wu, Chief Administrative Officer PW*CP*DC*df 23 July 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 614 REPORT NO.: PSD-090-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR JUNE 21 AND JULY 5, 2007 JUNE 21, 2007 A2007 -0027 Approve Approved A2007 -0028 A2007 -0029 Deny Tabled Approve Approved Approved A2007 -0031 Approve A2007 -0028 Deny Approved A2007 -0032 Approve Approved A2007 -0033 Approved with conditions Approved with conditions A2007 -0035 Approve Approved A2007 -0036 Tabled Tabled A2007-0037 Approve Approved Applications A2007 -0030 and A2007 -0034 were both withdrawn by the applicant. 1.2 Application A2007 -0028 was filed to permit the establishment of an additional mobile home unit by increasing the maximum number of mobile home units at the Newcastle Trailer Park from eighteen (18) units to nineteen (19) units. The approved Site Plan from 1992 gave permission for eighteen trailer sites on the property, as well as a retail sales area for recreation vehicles. Comments received from the Durham Regional Health Department recommended that the application not be approved unless the entire trailer park was placed on municipal sanitary sewers. Since the applicant was proposing to continue to use septic holding tanks to service the 615 REPORT NO.: PSD-090-07 PAGE 3 existing eighteen mobile home units as well as the proposed nineteenth mobile home unit Staff recommend denial of this variance as it was not desirable for the area. During the June 21st meeting, the Committee chose to TABLE this application in order to receive further clarification from the Durham Regional Health Department as to why an increase from eighteen mobile home units to nineteen mobile home units was not recommended. This application returned to the Committee's agenda on July 5th, 2007. Staff presented a more detailed response from the Durham Regional Health Department indicating specific passages from the Ontario Building Code as grounds for the Health Department's recommendation that this application not be approved unless the entire trailer park is placed on municipal sanitary sewers. The Ontario Building Code only allows holding tanks to be used for situations such as: · For temporary use not exceeding 12 months; · An extension to an existing single-detached dwelling already serviced by a holding tank; · To remedy an unsafe situation where no other system is practical; or · An interim measure until municipal sewers are available. The application did not meet any of the Building Code requirements. The applicant told the Committee that his sewage holding tank capacity exceeded the standards given to him in 1992. As a result, he claimed that his existing excess capacity could be used to accommodate the proposed nineteenth mobile home unit and did not need to conform to current building code standards. The Committee decided that the existing private servicing for the Newcastle Trailer Park was undesirable, but did not believe one additional mobile home unit would make the situation any worse than it already was and approved the application. Discussions with staff at the Region of Durham Planning and Health Department have confirmed that an appeal to the Committee's decision will be filed by the Region. Staff will participate at any future OMB hearing to defend their original decision before the Ontario Municipal Board. 1.3 Applications A2007-0030 and A2007-0034 were withdrawn after Staff's review of these applications deemed them to be unnecessary. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2007-0027, A2007-0029, A2007-0031, A2007-0032, A2007-0033, and A2007-0035 through A2007 -0037 inclusive, are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 616 REPORT NO.: PSD-090-07 PAGE 4 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2007-0027, A2007-0029, A2007-0031, A2007-0032, A2007-0033, and A2007 -0035 through A2007 -0037 inclusive, 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. 2.3 In light of the Region's anticipated appeal of application A2007 -028, it is recommended that Council SUPPORT this appeal and authorize staff to attend the hearing. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 617 Attachment 1 To Report PSD-090-07 C!{J!'}J]glDn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JULIE SICILIANO PETER GERRITS PROPERTY LOCATION: 66 VARCOE ROAD, COURTICE PART LOT 33, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0027 PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING BOTH REQUIRED INTERIOR SIDE YARD SETBACKS FROM 2 METRES TO 1.2 METRES. DECISION OF COMMITTEE: APPROVED TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING BOTH REQUIRED INTERIOR SIDE YARD SETBACKS FROM 2 METRES TO 1.2 METRES AS THE APPLICATION IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: June 21,2007 LAST DAY OF APPEAL: July 11, 2007 618 CI!1[ilJgtnn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: NEWCASTLE TRAILER PARK NEWCASTLE TRAILER PARK PROPERTY LOCATION: 623 KING AVENUE EAST, NEWCASTLE VILLAGE PART LOT 25, CONCESSION 1 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2007-0028 PURPOSE: TO PERMIT THE ESTABLISHMENT OF AN ADDITIONAL MOBILE HOME UNIT BY INCREASING THE MAXIMUM NUMBER OF MOBLE HOME UNITS AT THE NEWCASTLE TRAILER PARK FROM 18 UNITS TO 19 UNITS. DECISION OF COMMITTEE: TO TABLE FOR A PERIOD OF UPTO THREE MONTHS TO ALLOW THE REGIONAL HEALTH DEPARTMENT TIME TO PROVIDE MORE DETAIL ON WHY AN INCREASE TO 19 UNITS FROM 18 UNITS WOULD NOT BE TECHNICALLY FEASIBLE. DATE OF DECISION: June 21, 2007 LAST DAY OF APPEAL: July 11, 2007 619 ~~{J[mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: NEWCASTLE TRAILER PARK NEWCASTLE TRAILER PARK PROPERTY LOCATION: 623 KING AVENUE EAST, NEWCASTLE VILLAGE PART LOT 25, CONCESSION 1 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2007-0028 PURPOSE: TO PERMIT THE ESTABLISHMENT OF AN ADDITIONAL MOBILE HOME UNIT BY INCREASING THE MAXIMUM NUMBER OF MOBILE HOME UNITS AT THE NEWCASTLE TRAILER PARK FROM 18 UNITS TO 19 UNITS. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE ESTABLISHMENT OF AN ADDITIONAL MOBILE HOME UNIT BY iNCREASING THE MAXIMUM NUMBER OF MOBILE HOME UNITS AT THE NEWCASTLE TRAILER PARK FROM 18 UNITS TO 19 UNITS AS IT IS MINOR IN NATURE, NOT A DETRIMENT TO THE AREA AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: July 5, 2007 LAST DAY OF APPEAL: July 25, 2007 620 CI~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: 445231 ONTARIO LIMITED 445231 ONTARIO LIMITED PROPERTY LOCATION: 8207 HIGHWAY 35/115 NORTHBOUND, CLARKE PART LOT 23, CONCESSION 8 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2007-0029 PURPOSE: TO PERMIT A REDUCTION IN THE MINIMUM FLOOR AREA FOR A HOME IMPROVEMENT STORE FROM 2000 M2 TO 1244 M2. DECISION OF COMMITTEE: APPROVED TO PERMIT A REDUCTION IN THE MINIMUM FLOOR AREA FOR A HOME IMPROVEMENT STORE FROM 2000 M2 TO 1244 M2 AS THE APPLICATION IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: June 21,2007 LAST DAY OF APPEAL: July 11, 2007 621 CIOCfflgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: CENTRAL LAKE ONTARIO CONSERVATION ROBERT SCHWIRTZ PROPERTY LOCATION: 121 BARTON ROAD, DARLINGTON PART LOT 24, CONCESSION 8 FORMER TOWN(SHIP) OF DARLINGTON A2007-0031 FILE NO.: PURPOSE: TO PERMIT A REDUCTION IN THE REQUIRED INTERIOR SIDE YARD SETBACK FOR THREE AGRICULTURAL-RELATED BUILDINGS FROM 15 METRES TO 4.1 METRES (PORTABLE FREEZER #2), FROM 15 METRES TO 7.0 METRES (SHED #3) AND FROM 15 METRES TO 14.5 METRES (SHED #4) AND PERMIT A REDUCTION IN THE REQUIRED SETBACK FROM AN ENVIRONMENTAL PROTECTION ZONE FOR TWO BUILDINGS FROM 3.0 METRES TO 0 METRES (SHED #1) AND FROM 3.0 METRES TO o METRES (SHED #5). DECISION OF COMMITTEE: APPROVED TO PERMIT A REDUCTION IN THE REQUIRED INTERIOR SIDE YARD SETBACK FOR THREE AGRICULTURAL RELATED BUILDINGS FROM 15 M TO 4 M, FROM 15M TO 7M AND FROM 15M TO 14.5M & PERMIT A REDUCTION IN THE REQUIRED SETBACK FROM AN ENVIRONMENTAL PROTECTION ZONE FOR TWO BUILDINGS FROM 3 M TO 0 M AS THE APPLICATION IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: LAST DAY OF APPEAL: June 21, 2007 July 11, 2007 622 CI!J!pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JOHN STEVIC ZARKO STEVIC PROPERTY LOCATION: 5193 OLD SCUGOG ROAD, HAMPTON PART LOT 17, CONCESSION 5 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0032 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR AN ACCESSORY BUILDING FROM 40% TO 59% OF THE MAIN BUILDING AND REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 2.4 METRES AND INCREASING THE MAXIMUM PERMITTED HEIGHT OF AN ACCESSORY BUILDING FROM 5 METRES TO 6.4 METRES. DECISION OF COMMITTEE: TO AMEND THE APPLICATION TO REMOVE THE REQUEST FOR AN EXTERIOR SIDE YARD SETBACK REDUCTION AND APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR AN ACCESSORY BUILDING FROM 40% TO 59% OF THE MAIN BUILDING AND INCREASING THE MAXIMUM PERMITTED HEIGHT OF AN ACCESSORY BUILDING FROM 5 METRES TO 6.4 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: July 5,2007 LAST DAY OF APPEAL: July 25, 2007 623 Cl!J!mglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DENIS BON DENIS BON PROPERTY LOCATION: 2388 RUNDLE ROAD, DARLINGTON PART LOT 23, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0033 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR AN ACCESSORY BUILDING FROM 40% TO 52% OF THE PRESCRIBED MINIMUM FLOOR AREA. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR AN ACCESSORY BUILDING FROM 40% TO 52% OF THE PRESCRIBED MINIMUM FLOOR AREA SUBJECT TO THE CONDITION THAT THE SMALLER EXISTING SHED BE REMOVED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THE PROPOSED GARAGE AS IT IS MINOR IN NATURE, DOES NOT HAVE A DETRIMENTAL IMPACT ON THE ABUTTING PROPERTIES, AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: July 5, 2007 LAST DAY OF APPEAL: July 25, 2007 624 q![pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: EDWARD SMITH EDWARD SMITH FILE NO.: 1547 TAUNTON ROAD, DARLINGTON PART LOT 33, CONCESSION 4 FORMER TOWN(SHIP) OF DARLINGTON A2007 -0035 PROPERTY LOCATION: PURPOSE: TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 61 % OF THE PRESCRIBED MINIMUM FLOOR AREA. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 61% OF THE PRESCRIBED MINIMUM FLOOR AREA, AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: July 5,2007 LAST DAY OF APPEAL: July 25, 2007 625 Q@l1gron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: HAMILTON AND ASSOCIATE BEVERLY BURGESS PROPERTY LOCA liON: 1538 BLOOR STREET, COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2007 -0036 FILE NO.: PURPOSE: TO PERMIT A BOUNDARY REALIGNMENT CREATING A NEW MELDED LOT BY REDUCING THE MINIMUM REQUIRED LOT AREA FOR NON-RESIDENITAL USES FROM 40 HA TO 3.6 HA. DECISION OF COMMITTEE: TO TABLE THE APPLICATION UNTIL THE NEXT MEETING OF THE COMMITTEE OF ADJUSTMENT. DATE OF DECISION: July 5, 2007 LAST DAY OF APPEAL: July 25, 2007 626 Cl(}!ilJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: . OWNER: SCOTT KIMMERER SCOTT KIMMERER PROPERTY LOCATION: 110 HAMMOND STREET, BOWMANVILLE PART LOT 17, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0037 PURPOSE: TO PERMIT CONSTRUCTION OF AN INGROUND SWIMMING POOL BY REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 3.35 METRES, AS PREVIOUSLY APPROVED BY THE COMMITTEE OF ADJUSTMENT, TO 2.75 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN INGROUND SWIMMING POOL BY REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 3.35 METRES, AS PREVIOUSLY APPROVED BY THE COMMITTEE OF ADJUSTMENT, TO 2.75 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: July 5, 2007 LAST DAY OF APPEAL: July 25,2007 627 ClfJ!ilJgtDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, July 30, 2007 Report #: PSD-091-07 File #: ZBA 2007-0021 By-law #: Subject: REZONING TO REDEFINE THE FRONT YARD OF SIX (6) TOWNHOUSE UNITS APPLICANT: PRESTONV ALE HEIGHTS LIMITED RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-091-07 be received; 2. THAT the Rezoning Application submitted by Prestonvale Heights Limited be APPROVED and that the attached Zoning By-law Amendment be PASSED by Council; 3. THAT a copy of Report PSD-091-07, and the attached amending By-law be forwarded to the Durham Regional Planning Department; and 4. THAT the Region of Durham, the applicant, the Municipal Property Assessment Corporation, all interested parties listed in this report and any delegations be advised of Council's decision and forwarded a Notice of Adoption. . a /J~ 0 Q~ Ok Reviewed by: ~ Franklin Wu Chief Administrative Officer SA2/C P /DJC/df July 18, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 628 REPORT NO.: PSD-091-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Prestonvale Heights Limited 1.2 Agent: Sernas Associates 1.3 Proposal: To rezone the subject lands from "Urban Residential Exception (R3-17)" Zone to an appropriate zone to redefine the front yard to permit the development of six (6) townhouse units fronting on Shuttleworth Drive, where they were originally draft approved with the front yard facing Meadowglade Road. 1.4 Area: 0.15 ha (1,500m2) 1.5 Location: Part Lot 34, Concession 2, former Township of Darlington 2.0 BACKGROUND 2.1 On May 4, 2007, Prestonvale Heights Limited submitted an application to rezone block 177 within Registered Plan 40M-2148, located at the northwest corner of Partner Drive and Meadowglade Road to redefine the front and rear yards for the six (6) townhouse units approved for this block as part of the original Draft Approved Plan of Subdivision. The townhouse block is bounded by Meadowglade Road on the east and Shuttleworth Drive on the west. As such, the properties have frontage on both streets. 2.2 The original draft approved townhouse block was zoned to eliminate the need for a noise fence and provide for an aesthetically-pleasing streetscape facing Meadowglade Road, the arterial road. Vehicular access was off of Shuttleworth Drive, but the dwellings were situated closer to the arterial, and the "rear" door facing Meadowglade Road was upgraded to appear and be defined as the front door to the dwelling. After attempting to arrive at a suitable design, in compliance with the zoning, the owner has requested to revert back to the traditional arrangement with the noise fencing along Meadowglade Road and both vehicular access and the front yard on the Shuttleworth Drive frontage. 2.3 The subject application is necessary since the Zoning By-law defined the Meadowglade Road frontage of the block as the "front yard" so that the "rear yard" amenity area facing Shuttleworth Drive would meet Ministry of Environment guidelines for noise levels. The change in the defined "front yard" proposed through this rezoning application is simply to allow the reverse frontage design to proceed. There is no increase in the number of units permitted and no change to vehicular access; it was always to occur from Shuttleworth Drive. This is similar to a recent rezoning Council approved for units fronting onto Beckett Crescent. 2.4 The applicant submitted a Noise Impact Study to address the concerns regarding noise exposure from Meadowglade Road. The study concluded that noise fencing will be required along rear property line of all units abutting Meadowglade Road and along the 629 REPORT NO.: PSD-091-07 PAGE 3 side yard of the southern most unit in order to reduce the noise levels in the rear yard of the proposed lots. The study recommends that a clause, warning home buyers that noise levels from potentially increasing traffic may interfere with some activities, be included in all agreements of purchase, sale or lease. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property and area subject to rezoning measure 0.15 hectares (1,500 m2) and is currently vacant. Figure 1: View of the subject property looking west 3.2 The surrounding uses are as follows: North - Residential South - Partner Drive, and beyond Residential East - Meadowglade Road and beyond, a Public Elementary School, vacant lands West - Shuttleworth Drive and beyond, Residential 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement Policies for Settlement Areas dictate that land use patterns are to be based on densities that efficiently use land and the infrastructure and services that are available. This application is consistent with the Provincial Policy Statement. 630 REPORT NO.: PSD-091-07 PAGE 4 4.2 Provincial Growth Plan This application acknowledges the province's initiative to provide for a greater variety of hbusing types to meet the needs of people at all stages of life. The application conforms. 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The Durham Region Official Plan designates the subject lands as Living Area. This designation provides that each community shall be developed to incorporate the widest possible variety of housing types, sizes and tenure. The subject proposal for six (6) townhouse units conforms. 5.2 Clarinqton Official Plan The Clarington Official Plan designates the subject lands as Medium Density Residential within the Courtice Urban Area. The intent of this designation is to provide for a variety of housing densities and forms to ensure that each neighbourhood achieves a desirable housing mix. Townhouses are included within the predominant housing forms envisioned for Medium Density Residential Areas. The proposed use conforms to the Clarington Official Plan. Meadowglade Road is classified as a Type "C' Arterial. Type "C' Arterials are designed to move lower volumes of traffic at slower speeds over relatively short distances. The Municipality requires that arterial roads provide for continuous movement and therefore private access is limited. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63, as amended, zones the subject lands Urban Residential Exception (R3-17) Zone. The current zone defines the front yard for the townhouse units to be on Meadowglade Road with vehicular access from Shuttleworth Drive, whereas the subject application proposes the townhouse units with a Shuttleworth Drive frontage and access (reverse frontage lots). The proposed use does not comply to the provisions of this zone and therefore this rezoning application is necessary. 7.0 AGENCY COMMENTS 7.1 The rezoning application and notice of public meeting was circulated to various agencies and other departments by the Planning Services Department. Comments received to date are as follows: 631 REPORT NO.: PSD-091-07 PAGE 5 · Clarington Engineering, Clarington Building Division and Clarington Fire and Emergency Services indicated that they have reviewed the subject application and do not have any concerns; · Clarington Operations provided comments pertaining to the proposed noise wall, advising that the noise fence could contain strategically located jogs onto private property complete with appropriate plantings; and · Durham Regional Planning indicated that the proposal is permitted by the policies of the Regional Official Plan. Services will be available to the subject property. They reviewed the Noise Impact Study submitted in support of the application and concluded that the recommendations and calculations appear to meet the requirements of the Region and the Ministry of Environment. 8.0 STAFF COMMENTS 8.1 The policies of the Regional Official Plan and the Clarington Official Plan limit individual private access to arterial roads. The subject block is located along Meadowglade Road, a type 'C' arterial. Rear yards abutting arterial roads typically require noise mitigation that does not provide for an attractive streetscape. As a result, when the development was originally being draft approved these lots were zoned to require the elevation of the dwelling to appear as if it contained the front door of the units facing Meadowglade Road. Vehicular access was to be maintained from the local road, Shuttleworth Drive, and any proposed garages were to face Shuttleworth Drive. 8.2 In response to the public notice, concerns were received regarding the traffic and congestion surrounding the nearby public elementary school, prevalence of on-street parking on Shuttleworth Drive and Robert Adams and Partner Drives, and the future parking and traffic situation once the proposed secondary school is built. Two callers indicated they would like to see the land be used instead for a parkette and additional parking area for the elementary school. There were no additional concerns raised at the public meeting. 8.3 The owner/builder met with staff and expressed concern that the streetscape on Shuttleworth Drive was not consistent with the character of the neighbourhood by having stand alone garages and fenced rear yards. As a result, this application has been filed to allow the six (6) units to have their rear yard abutting Meadowglade Road and the front of the dwelling face Shuttleworth Drive. Access to the units was originally intended to be from Shuttleworth Drive and therefore the subject application will not have a significant effect on traffic patterns. Shuttleworth Drive meets the Municipality's standard width for a local road. An on-street parking plan was prepared prior to draft approval and the capacity for on-street parking was considered sufficient. 8.4 A Noise Impact Study was submitted in support of the rezoning application to address the noise from Meadowglade Road. The study found that noise levels for the outdoor amenity space (rear yards) exceeds the levels permitted by the Ministry of Environment 632 REPORT NO.: PSD-091-07 PAGE 6 and will therefore require mitigation measures in the form of noise fencing along the rear property lines and along the side yard of the most southerly unit. The barrier should be joined with the adjacent barrier at to the north to achieve an acceptable sound level in the rear yards. The study recommends that clauses warning of the elevated noise levels and the provision for adding central air conditioning be included in the subdivision agreement for the subject block and registered on title. The study also stipulates minimum requirements for building materials in order to ensure acceptable daytime indoor sound levels. 8.5 Given the unsuccessful attempts to create an attractive streetscape for Shuttleworth Drive with the upgraded dwelling fac;ades facing Meadowglade Road, staff feel this application to rezone the subject townhouse block to allow for the access, garage and front yard to face Shuttleworth Drive is warranted. This arrangement would ultimately produce the most desirable outcome, from a design perspective; keeping in mind the functionality of the site remains unaltered by this application. 9.0 CONCLUSION 9.1 Staff have not received any objections as a result of the agency circulation. Staff have reviewed and taken into consideration the concerns expressed as a result of the public notice pertaining to increased traffic, on-street parking and the exacerbation of traffic congestion once surrounding lands develop. Although the units were originally draft approved to front onto Meadowglade Road, vehicular access was always proposed to be from Shuttleworth Drive. The landscaping and architectural detail along the required noise attenuation fencing will be addressed through site plan application to satisfy the requirements of the Municipality. Staff recommends that the application to rezone the subject lands from "Urban Residential Exception (R3-17)" to "Urban Residential Type Three (R3)" Zone to permit the development of six (6) townhouse units be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law List of interested parties to be advised of Council's decision: Prestonvale Heights Limited Sernas Associates Rubi Sulyma Chris Tassone 633 T R Attachment 1 o eport PSD-091-07 3 t: = o U to- Z W ~ ~c NZ oW o~ Ie( :;;;: ~:5 C(> mm Nc) ~ Z 2 ~ 00 .~} . ~ ~ ~~~~;~i~~ ~~~~~ w .... - en ~ " :I E :J J! .c eft "iji ::J: ..! !: c o - II) ! Q. i.: G) c ~ 634 Attachment 2 To Report PSD-091-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of 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 former Town of Newcastle to implement ZBA 2007-0021; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Exception (R3-17)" to "Urban Residential Type Three (R3) Zone". 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 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 635 This is Schedule "A" to By-law 2007- passed this day of ~ 2007 A.D. , ~ Zoning Change From IR3-17" To IR3" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1LOOR S!RE~; FUTI)RE PUBLIC :;EC,)NDJ;,r:;~' SCh-COL Jj -H II I III 1111 II LLJ.-Y :rn'RIVE ~ " ,?RY b: Lu ::01::: i'" :::~ (3C:: Cl g ~ DIIJIIIJIDJBERR) CF.ESCENr ~ '" Cl ~ S ~ C:Y;D i/i,\'SON .4 V[f\;vE 111111 [I Ill.., ,...., [ f Courtice 636 CJmilJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, July 30, 2007 Report #: PSD-092-07 File #: ZBA 2006-0008 and S-C-2006-0001 By-law #: Subject: REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 48 RESIDENTIAL UNITS APPLICANT: BLACK CREEK DEVELOPMENTS LTD. RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-092-07 be received; 2. THAT the application for Draft Approval of the proposed Plan of Subdivision submitted by Black Creek Developments Ltd. be APPROVED as contained in Attachment 2, subject to the conditions of Draft Approval, contained in Attachment 4; 3. THAT the application for Zoning By-law Amendment, submitted by Black Creek Developments Ltd. be APPROVED as contained in per Attachment 5; 4. 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 at such time the Owners are prepared to proceed with this development; 5. THAT a By-law to remove the "Holding (H)" Symbol be forwarded to Council at such time the Owners have entered into a subdivision agreement with the Municipality; 6. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation; and 7 . THAT all interested parties listed in this Report and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 637 REPORT NO.: PSD-092-07 PAGE 2 Submitted by: David . Crome, M.C.I.P., R.P.P. Director of Planning Services BR/CP/DJC/df/sh 23 July 2007 Reviewed by: " CL{;~~ ~ Franklin Wu, Chief Administrative Officer 638 REPORT NO.: PSD-092-07 PAGE 3 APPLICATION DETAILS 1.0 1.1 1.2 Applicant: Owner: Black Creek Developments Ltd. (same as applicant) 1.3 Proposed Draft Approved Plan of Subdivision: The proposed Draft Plan of Subdivision includes 48 single detached dwellings consisting of 24 lots with minimum 12 metre lot frontages, 24 lots with minimum 15 metre lot frontages, and a 0.338 ha (0.835 acre) Open Space Block. 1.4 Rezoning: To change the "Agricultural (A)" zone and the "Environmental Protection (EP)" zone to zones to permit the development of the proposed Draft Plan of Subdivision. 1.5 Plan Area: 3.077 hectares (7.603 acres) 1.6 Location: The subject lands are generally located west of Courtice Road, north of Westmore Street, east of Jane Avenue and they provide for the extension of George Reynolds Drive (Attachment 1). 2.0 BACKGROUND 2.1 On February 28, 2006, Black Creek Developments Ltd. submitted an application to amend the Zoning By-law along with an application requesting approval of a Draft Plan of Subdivision. 2.2 A Public Meeting was held on May 8, 2006 but an error in the public notice mail-out invalidated that public meeting. A second Public Meeting was held on May 22, 2007. One resident spoke expressing concerns. 2.3 Studies submitted in support of the applications are: . Phase One Environmental Site Assessment . Soil Investigation Report . Noise Impact Study . Noise Impact Study Addendum Report . Lot Grading Plan . Street Parking Layout Plan 2.4 An Environmental Impact Study Addendum was undertaken for the subject lands in accordance with the Council-adopted guidelines. 639 REPORT NO.: PSD-092-07 PAGE 4 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are currently vacant. They are divided into two parcels, the larger parcel south of the new segment of George Reynolds Drive and the smaller parcel north of the above roadway. The portion of the southern parcel in close proximity to George Reynolds Drive was cleared and serviced in preparation for the construction of George Reynolds Drive to Courtice Road. This connection was a condition of draft approval for the lands within the subdivision to the west, now Registered Plans 40M-2213 and 40M- 2317. At the west end of the southern parcel, Skinner Court is now a rough paved stub with a temporary turning circle. The remainder of the southern parcel contains pine and birch trees. The portion of the northern parcel in close proximity to George Reynolds Drive was also cleared and serviced in preparation for the construction of George Reynolds Drive to Courtice Road. Further north, in the area of the proposed Open Space Block, are pine and birch trees. 3.2 Surrounding Uses East - One vacant lot and large-lot single detached dwellings fronting on Courtice Road with wooded wetland area to the rear of the lots Residential, single detached dwellings, fronting on Courtice Road and on local streets west of Courtice Road Agricultural and large lot single detached dwellings fronting on Courtice Road Vacant residential lots fronting on the Jane Avenue and George Reynolds Drive extensions, and beyond the Black Creek tributary valleylands North - South - West - 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The Provincial Policy Statement requires planning authorities to provide for a range of housing types and densities, with a ten year supply of lands for residential growth and a three year supply of residential units on zoned and serviced lands within draft approved and registered plans. Land and unit supply is to be based on and reflect population and unit allocations which are identified in municipal official plans. The Provincial Policy Statement notes development shall not be permitted on lands adjacent to natural heritage features unless the ecological function of the lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. An Environmental Impact Study Addendum, coordinated by the Municipality with the assistance of staff from Central Lake Ontario Conservation has determined that the proposed plan of subdivision conforms to the Provincial Policy Statement. 640 REPORT NO.: PSD-092-07 PAGE 5 4.2 Provincial Growth Plan The Growth Plan encourages growth in built-up areas, in short, intensification. The Growth Plan provides direction for better utilization of existing infrastructure, while other policies speak to the wise use and management of natural heritage. The proposed plan of subdivision does not conflict with the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Reaion Official Plan The Durham Region Official Plan designates the subject lands as Living Area. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. 5.2 Clarinaton Official Plan The Clarington Official Plan designates the subject lands as Urban Residential. The lands are within the Glenview Neighbourhood, which has a population target of 3100 people and a housing target of 1135 units. The predominant housing form shall be single detached, semi-detachedllink and duplex to a maximum height of 2.5 storeys. The proposal deviates from the Glenview Neighbourhood Design Plan as a road connection to the lands to the north is not provided in the vicinity of Lots 42 and 43 (see Attachment 1). Approval of the Glenview Neighbourhood Design Plan was preceded by the new Harmony-Farewell Iroquois Beach Provincially Significant Wetland (PSW) being identified on lands in the vicinity of Block 51. An EIS Addendum, building on the background provided by the Birchdale Village EIS was required to make recommendations for development potential on the subject lands and the lands to the north. The Clarington Official Plan policies require an EIS be undertaken for development applications located on lands within or adjacent to the Lake Iroquois Beach, or any natural heritage feature identified on Map C. An EIS is also required where development proposals are located within 120 metres of the boundary of a wetland or a wetland complex. An EIS Addendum, in accordance with policies of the Clarington Official Plan, has been undertaken for the development. The expense has been borne by the proponent. The proposed development is consistent with the policies of the Clarington Official Plan. 641 REPORT NO.: PSD-092-07 PAGE 6 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Environmental Protection (EP)" and "Agricultural (A)". A Zoning By-law Amendment will be required in order for development to proceed. 7.0 PUBLIC SUBMISSIONS 7.1 As a result of the public notification process, the Planning Services department received a few inquiries. A neighbourhood resident to the south believed the smaller 12 metre frontage lots on Skinner Court were out of character with the surrounding neighbourhood. He requested staff review the Skinner Court lot areas/frontages with a view to making modifications to them. Staff has reviewed the Skinner Court lot areas and frontages and has concluded that a small variety in both housing and lot sizes, such as is the case here, is desirable. All of the lots are larger in size with 50% being 12 metres wide and 50% being 15 metres wide. The housing unit density complies to the Clarington Official Plan. 7.2 An inquiry came from a resident who stated they understood there would be no housing north of George Reynolds Drive since that entire area was, in their understanding, part of the provincially significant wetland. At the recent public meeting, another resident, reiterated the same concern with the impact of the proposed development on the provincially significant wetland. They stated the Ministry of Natural Resources designated lands to the north of George Reynolds Drive as Provincially Significant Wetland (PSW). They also stated the above Ministry did not study the lands on the south side of the Drive. They requested that the lands on the south side of George Reynolds Drive be studied. The Environmental Impact Study Addendum examined all parts of the proposed subdivision including the portion on the south side of George Reynolds Drive and determined this area could be developed. The EIS Addendum recommended the small wetland south of the George Reynolds Drive extension be compensated with new wetland, and native plants including one significant species. The small wetland is shown as MAS 2-1 on Attachment 6. The proposed relocated wetland is shown on Attachment 7. 7.3 Another resident inquired about the road stub extending to the north as shown in the neighbourhood plan for the area. The Provincially Significant Wetland (PSW) was identified on the property to the north after the preparation of the neighbourhood plan. It is no longer appropriate to provide a road connection to lands that will be permanently protected as an environmental feature (See Attachment 7). 642 REPORT NO.: PSD-092-07 PAGE 7 8.0 AGENCY COMMENTS 8.1 Comments have been received from the majority of the circulated departments and agencies. 8.2 Clarington Emergency & Fire Services, Hydro One Networks Inc., Rogers Cable and the Separate School Board offered no comments or objections on the proposed applications. 8.3 The Kawartha Pine Ridge District School Board advised that the proposal would generate between 11 and 14 students to Courtice North Public School which is currently over capacity with 6 portables on site and 7 students to Courtice Secondary School. The Board requests sidewalks on all interior roads. The Board has no objections to the applications. 8.4 Bell Canada requested two standard conditions of draft approval but had no other concerns. 8.5 The Central Lake Ontario Conservation Authority partnered with Clarington Planning to oversee the preparation of an EIS Addendum. The Addendum approach recognizes the Birchdale Village Black Creek Developments Phase 2 EIS as providing background to the Study. The Authority has provided final positive comments on the subdivision and its conditions of draft approval. 8.6 Clarington Engineering Services has worked with the applicant to resolve some concerns regarding driveway layout on a couple of lots, a detail on the Street Parking Layout Plan, the need for the subdivision to be one phase, a few concerns with the (Preliminary) Lot Grading Plan as it pertains to Courtice Road, the open space block and a couple of lots as well as some drainage details. Engineering Services has no objection subject to the conditions of draft approval. 8.7 Enbridge Gas has provided comments for two standard conditions of draft approval but had no other concerns. 8.8 The Regional Planning Department has reviewed the Noise Impact Study and has found it to be acceptable. As a condition of draft approval noise provisions in the Clarington subdivision agreement are required for review by the Region. Regarding the Environmental Impact Study (EIS) Addendum, the Department has found the recommended mitigation measures to protect the natural features to be acceptable to the Region. The Department noted the Phase 1 Environmental Site Assessment (ESA) indicated that there is no site contamination on the property. Also noted was the Black Creek tributary west of the property that gives the property high archaeological potential, thereby necessitating an archaeological assessment of the property with the requirement being a condition of draft approval. Water supply and sanitary sewer services can be provided to the proposed subdivision by extending services from the adjacent development on George Reynolds Drive and Skinner Court. The proposed right-of-way and site triangle dedications are acceptable. 643 REPORT NO.: PSD-092-07 PAGE 8 Road and boulevard work on Courtice Road will be included in the Regional subdivision ag reement. The Region has determined it has no objection to draft approval of the subdivision plan subject to the Region's conditions of draft approval. 9.0 STAFF COMMENTS 9.1 The Environmental Impact Study (EIS) Addendum provides descriptions of the proposed subdivision's particular impacts on the natural environment and corresponding recommended mitigation strategies as well as recommendations, which among other things, take into consideration the recently released Harmony-Farewell Iroquois Beach Provincially Significant Wetland (PSW). Staff has included seven (7) conditions of draft approval that reflect the recommended mitigation strategies and the recommendations. 9.2 Block 51, the Open Space Block, to be dedicated to the Municipality of Clarington, is a central mitigation feature given its minimum 25 metre depth and various barriers, which will be an appropriate buffer for the PSW located in the abutting property to the north. 9.3 The EIS recommends compensation for the loss of the cattail marsh south of George Reynolds Drive. A condition of draft approval will require the developer to create a small wetland feature as compensation for the lost feature. It is to be constructed in either Block 24 or Block 25 within registered Plan 40M-2317 and these lands are now owned by the Municipality (Attachment 7). The new wetland will be approximately 3200 m2 in total area with a deeper area (greater than 0.5 m) of 500 m2. The Lady Slipper plant found on the lands will be relocated from the cattail marsh to the new wetland. Other plant species are to be native. 9.4 Central Lake Ontario Conservation Authority has provided four (4) conditions of draft approval, one of which compels the Owner to undertake the recommended mitigation measures as identified in the EIS Addendum. 9.5 Regarding the Glenview Neighbourhood Design Plan, given the location of the new PSW on the lands to the north, it is necessary to remove the road stub off of George Reynolds Drive and pointing to the lands to the north. The Open Space Block, Block 51, was not in the nieghbourhood plan and should be added. To these ends, the Glenview Neighbourhood Design Plan will be amended accordingly (see Attachment 3). 9.6 Two local residents have expressed the view that the Provincially Significant Wetland (PSW) to the north of the proposed subdivision extends south to George Reynolds Drive. The Environmental Impact Study Addendum administered jointly by the Municipality and the Conservation Authority, determined the limits of development for this proposed subdivision based on a process that included field investigation on the wetland boundary. 644 REPORT NO.: PSD-092-07 PAGE 9 The Environmental Impact Study Addendum identifies the PSWas being a little to the north of Block 24 in Plan 40M-2317, which is an Open Space Buffer Block, and a little to the north of Block 51 (also an Open Space Buffer Block) in the proposed plan of subdivision. The residential lots proposed on the north side of George Reynolds Drive are not in the Provincially Significant Wetland. 10.0 CONCLUSION 10.1 The proposal has been reviewed in consideration of the comments received from area residents and the circulated agencies, and in consideration of Provincial Policy, the Clarington Official Plan, Zoning By-law 84-63 and the Glenview Neighbourhood Design Plan. Based on the comments provided in this report, staff respectfully recommends: that staff be authorized to approve both the removal of the road allowance stub pointing north from George Reynolds Drive and the addition of the Open Space Block as changes to the Glenview Neighbourhood Design Plan as contained in Attachment 3; that Subdivision S-C-2006-0001, be draft approved subject to the conditions contained in Attachment 4 and the Zoning By-law amendment as contained in Attachment 5, be approved. Attachments: Attachment 1 - Site Location Key Map Attachment 2 - Subdivision Plan Attachment 3 - Revision to Neighbourhood Design Plan Attachment 4 - Conditions of Draft Approval Attachment 5 - Zoning By-law Amendment Attachment 6 - Existing Vegetation Communities Attachment 7 - Recommended Mitigation Measures List of interested parties to be advised of Council's decision: D.G. Biddle & Associates Ltd. Black Creek Development Ltd. 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"C o o .c ... ::s o !!J .c .c C) .- CI) Z ~ CI) .- > c CI) - C) ~ D mae ~,,~~ ,~'" ,~ "'Is;?,, \ l3 ~~~ ,~ t "'~ ~o . ,~ " <<: '~~ ~ ~ ~ ~ co + fa ~'E - Q) e _ + O)U- ffie- oCN ()..... f--- 0)0 .E ~ IE =e 0Lt') -I..... v~ (+ +++ + ++1+1+ '>1)- ,.w. . " ~"\71It-' ~ - ,,~~~.~. .tr .'~Lk'.A"'."'~-" ~ Q 'l.~'#'%~S;ft": g .~~~~~}:"~' 6 ~6 '1 t} f~ A,~~~~ ~1.:iV(Ja "'!:"i! ' 4t' . j 111 \ . .-.'. J ~ Uol~~q~~ "--\ ~~ 648 Attachment 4 To Report PSD-092-07 CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISION FILE NO.: S-C-2006-0001 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2006-0001 prepared by D.G. Biddle & Associates Limited identified as job number 105076, and drawing number DP-1, dated June 2005, which illustrates 48 lots for single detached dwelling units, one open space block, one partial lot block, one retained future development block, two road widening blocks, two blocks for 0.30m reserves, and a road allowance. FINAL PLAN REQUIREMENTS 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. 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. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. The subject draft plan must be developed as a single phase. 5. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 6. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan 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. 7. The Owner shall submit a detailed tree preservation plan consistent with the recommendations of the Environmental Impact Study Addendum and to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time as this program has been approved except as authorized by the Municipality. 8. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 9. 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. Conditions of Draft Approval (S-C-2006-0001) Page 1 649 10. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 11. The Owner shall convey a 4.5 metre road widening (Block 52) and a 8.22 metre road widening (Block 53) to the Region of Durham for the purpose of widening Courtice Road (Regional Road No. 34). 12. The Owner shall convey 0.3 metre reserves (Blocks 54 and 55 and a third block at the east end of Block 50 abutting Block 52) along Courtice Road (Regional Road No. 34) to the Region of Durham. 13. Block 51, Open Space Block, shall be dedicated free and clear of all encumbrances to the Municipality of Clarington. 14. An easement shall be dedicated free and clear of all encumbrances to the Municipality of Clarington. over all of Block 50, to provide access to Block 51. 15. 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. 16. 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. 17. The Owner agrees to construct a 1.2 metre high chain link fence on the north. or rear lot lines of Lots 41 to 48 and the partial lot - Block 49, all at the south edge of Block 51. as well as at the west edge of Block 51. A living fence providing a further access barrier. containing raspberry canes, 5 metres in width, must be planted immediately north and east of the above chain link fence. Adjacent to this buffer planting and within the open space block, an additional 5 m strip of the open space block will be planted with a dense planting of white cedar to help further in buffering the PSW. 18. The Owner agrees to construct a small wetland feature in either Block 24 or Block 25 within registered Plan 40M-2317 (both lands owned by the Municipality) in order to offset the loss of the wetland feature on the site to the satisfaction of the Municipality of Clarington and Central Lake Ontario Conservation. The wetland is to include a deeper area (greater than 0.5 m) of 500 m2, grading back to existing topography at the proposed wetland edge. The total area of the wetland is to be in the order of 3200 m2. The Lady Slipper, found in the existing wetland should be relocated to this new wetland. The wetland is to be planted with native species and all materials used for its construction removed off site. 19. The Birchdale Village Homeowners Guide for Phases 1 and 2 must be updated to reflect the proposed subdivision and the related Environmental Impact Study Addendum findings. This Guide shall be submitted for approval by the Director of Planning Services prior to the issuance of Building Permits. Conditions of Draft Approval (S-C-2006-0001) Page 2 650 20. The Homeowner Education Plan as prepared for Birchdale Village, Phases 1 and 2, must be updated where necessary and carried on for the proposed subdivision as per the related Environmental Impact Study Addendum findings. 21. All buried services are to be constructed with properly designed trench plugs to avoid dewatering along pipe beds. This is to be done to minimize potential impacts on the local groundwater table and is to be reviewed and certified by a qualified hydrogeologist at the time of installation. 22. To compensate for the loss of infiltration due to construction of impervious surfaces, clean rooftop water should not be directed to the storm sewer system, but be allowed to infiltrate in private yards. Weeper drains that collect clean groundwater should not be directed to the storm sewer system, but connected to a third pipe used to convey water to the tributary downstream of the proposed stormwater pond to prevent unnecessary water warming. Trench plugs as described in Condition 21 are to be used with the third pipe. 23. The Owner shall convey land to the Municipality of Clarington for park or other public recreational purposes in accordance with the provisions of the Planning Act. Alternatively, the municipality may accept cash-in-Iieu of such conveyance. 24. The Owner shall submit an Energy Management Plan to the satisfaction of the Director of Planning Services outlining various means that the Owner will implement to support energy conservation in the subdivision and house design. 25 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. 26. The Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 27. The Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be within the streets of this development and must be installed underground for both primary and secondary services. 28. The final configuration of Lot 14 and Lot 15 will be subject to approval by the Director of Engineering Services prior to the final approval of the draft plan. 29. The existing dwelling, in the Skinner Court cul-de-sac and north of Lot 14, must be relocated or demolished prior to final approval of the Plan of Subdivision. Before demolition a Designated Substance Survey is to be conducted to confirm the presence or absence of hazardous materials. 30. The recommendations of the Soils Report prepared by Soil Engineers Ltd. must be incorporated into the engineering drawings for the subdivision in a manner that is satisfactory to the Director of Engineering Services. Conditions of Draft Approval (S-C-2006-0001) Page 3 651 31. The preliminary lot grading plan and parking plan for this development must be signed, sealed and dated by a Professional Engineer. 32. 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. 33. The applicant meets all the requirements of the Engineering Services Department, financial or otherwise. 34. 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. 35. 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. 36. The Owner shall provide 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. 37. The Owner shall adhere to architectural control requirements of the Municipality including the submission of: i) a siting and architectural design report and implementing site plans and architectural drawings. 38. 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 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. 39. 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 deposits as may be required by the Municipality; 40. 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 Conditions of Draft Approval (S-C-2006-0001) Page 4 652 of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 41. 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 soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have been met including licen sing and resource conservation requirements. 42. The Owner shall agree in the area municipality subdivision agreement to implement the recommendations of the report entitled, "Noise Impact Study Addendum Report for Black Creek Subdivision, Phase 3, Part Lot 29, Concession 3, Municipality of Clarington", dated April 2006, prepared by D.G. Biddle & Associates Ltd., which specifies noise attenuation measures for the development. The measures shall be included in the municipality subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. 43. The subdivision agreement between the Owner and Municipality of Clarington shall contain, among other matters, the following provision: a) The Owner agrees to implement noise control measures recommended in the noise report required in Condition 42. 44. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 45. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other Regional services. 46. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit to, and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: Conditions of Draft Approval (S-C-2006-0001) Page 5 653 a) the intended means of conveying stormwater flow from the site, including the use of stormwater 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. 47. The Owner agrees to undertake the recommended mitigation measures as identified within the Birchdale Village Black Creek Developments, Environmental Impact Study Addendum as prepared by Aquafor Beech Limited (2007). 48. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. 49. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to carry out the works referred to in Conditions 46 and 47, to the satisfaction of the Central Lake Ontario Conservation Authority; b) The Owner agrees to maintain all stormwater management, erosion and sedimentation control structures operating and in good repair during the construction period, in a manner acceptable to the Central Lake Ontario Conservation Authority; c) The Owner agrees to advise the Central Lake Ontario Conservation Authority, 48 hours prior to the commencement of grading or the initiation of anyon-site works. In order to expedite our approval/clearance of Condition 49 a copy of the fully executed subdivision agreement should be submitted to the Authority. 50. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services and easements may be required subject to final servicing decisions. 51. The Owner shall be required to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the Municipality. Conditions of Draft Approval (S-C-2006-0001) Page 6 654 52. The Owner is to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities. 53. The Owner shall ensure grading of all streets is to final elevation prior to the installation of the gas lines and the provision of the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution. 54. 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 3, 8, 10, 11, 12,41, 42, 43, 44 and 45 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 46,47,48 and 49 have been satisfied; c) Bell Canada, how Conditions 50 and 51 have been satisfied; and d) Enbridge Gas Distribution, how Conditions 52 and 53 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. Conditions of Draft Approval (S-C-2006-0001) Page 7 655 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 former Town of Newcastle to implement application ZBA 2006-0008; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" Zone to "Environmental Protection (EP)" Zone; "Agricultural (A)" Zone to "Holding-Urban Residential Type One ((H)R1)" Zone; "Agricultural (A)" Zone to "Holding-Urban Residential Type Two ((H)R2)" Zone; "Environmental Protection (EP)" Zone to "Holding-Urban Residential Type One ((H)R1)" Zone; and "Environmental Protection (EP)" Zone to "Holding-Urban Residential Type Two ((H)R2)" Zone. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 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 4007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment 5 To Report PSD-092-07 656 This is Schedule "A" to By-law 2007- passed this day of ~ 2007 A.D. , \ \ Zoning To Remain "EP" Zoning Change From "A" To "EP" Zoning Change From "EP" To "(H)R1" ~ ~ ~ III ~ ~ o <( o a:: -l <( Z o a w a:: ~ <(- I -BLK S4 ~ p.:~ ,.... PlN< "'1-1_ L....I TDIETJWrCSF'EJllilE TO LOT 15 K1'EI ""'-' llECiISTIlATJ[lrlrt IlECilDNlTlIl.RHiIlM (:) PART 2. <( PlAN 1OR-18Q! 0- a::. wt~~ iril'~ 0 " 5H= -'i ~ r o 0. r-- .. '" .'- ~ !!: !!i .. S co > " 0. .. N ... ... " w ... z :> " ~ .. z .. .J q c:=J: : ,Q .. ~ ~ Zoning To Remain "A" Zoning Change From "A" To "(H)R1" Zoning Change From "EP" To "(H)R2" Zoning Change From "A" To "(H)R2" J Patti L. Barrie, Municipal Clerk Jim Abernethy, Mayor ~ (' I COURTICE t' ROIof) I 1 r r.Rf't<r Attachment E To Report PSD-092-0i Vegetation Community - - - Limit of Harmony Farewell Iroquois Beach Wetland Complex Proposed Development - Application S-C 2006-001 Future Development Glendale Neihbourhood Plan Approximate location of Yellow Lady Slipper Figure 1 Vegetation Communities 0]020 40 60 110 ]00 - I SCALE IN METRES ~ 658 Attachment 7 To Report PSD-092-07 ~ Alternate locations for Proposed Wetland" _ Buffer Planting & Setback __ Additional Open Space Buffer .. ROW Elimination 25 Metre Setback from the Stream Limit of Harmony Farewell Iroquois Beach Wetland Complex Proposed Development - Application S-C 2006-000 Future Development Glendale Neihbourhood Plan " Yellow Lad Sli er to be relocated in this feature 01020 40 60 - 80 100 I SCALE IN METRES Figure 2 Recommended Mitigation Measures Aquaior Be'1~~ ~. ~ 659 Cl~glOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, July 30,2007 Resolution #: Report #: EGD-048-07 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JUNE, 2007. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-048-07 be received for information. Submitted by: ~L A. S. Cannella, C.E.T. . Director of Engineering Services Reviewed bY:O ~ ---=., VlJk Franklin Wu Chief Administrative Officer ASC*RP*bb July 16, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-1824 701 REPORT NO.: EGD-048-07 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of JUNE 2007, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF JUNE 2007 2006 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2007-2006 Residential 103 $16,873,607 108 $25,010,782 -32.5% Industrial 4 $260000 3 $1,500,000 -82.7% Government 0 $0 2 $275,000 N/A Commercial 6 $2,242,523 9 $154,200 1,354.3% Institutional 3 $70,300 2 $999,000 -93.0% Agricultural 7 $1,071,478 2 $58,000 1,747.4% Demolition 7 $0 3 $0 N/A TOTAL 130 $20,517,908 129 $27,996,982 -26.7% 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 461 $80,179,519 440 $82,252,192 -2.5% Industrial 10 $6,576,800 7 $3,359,000 95.8% Government 0 $0 4 $1,800,000 N/A Commercial 27 $10,809,488 30 $1,242,005 770.3% Institutional 3 $70,300 4 $1,444,846 -95.1 % Agricultural 14 $2,842,492 8 $491,435 478.4% Demolition 23 $0 22 $0 N/A TOTAL 538 $100,478,599 515 $90,589,478 10.9% 702 REPORT NO.: EGD-048-07 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: Owner I Applicant Construction Type Location Value MOOLCOINVESTMENTS Car Wash 254 KING EAST AVENUE, $750,000 INCORPORATED NEWCASTLE VILLAGE MOOLCOINVESTMENTS Retail Bldg & Residential 254 KING EAST AVENUE, $322,523 INCORPORATED NEWCASTLE VILLAGE COWAN PONTIAC BUICK Showroom & Office Addtion 166 KING EAST STREET, $1,100,000 BOWMANVILLE JEAN-CLAUDE BOUHENIC Farm Implement Building 7,486 CARSCADDEN ROAD, CLARKE $818,478 703 REPORT NO.: EGD-048-07 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "JUNE" and "YEAR TO DATE". 17 Townhouse 22% 16 Semi- Detached 21% Dwelling Unit T)lpe "JUNE" 2007 o Apartment 0% 44 Single Detached 57% Dwelling Unit Type "YEAR TO DATE 2007u 37 T ownhous e 11% 1 Apartment 0% III Single Detached 232 . Semi-Detached 74 o Townhouse 37 o Apartment 1 The following is a historical comparison of the building permits issued for the month of "JUNE" and "YEAR TO DATE" for a three year period. Il!l Single Detached 44 . Semi-Detached 16 o Townhouse 17 DApartment 0 Historical Data for Month of "MAY" $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 2007 2006 2005 I!lI Value $20,517,908 $27,996,982 $25,484,455 $120,000,000 $1 00,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 Historical Data "YEAR TO DATE" 2007 2006 2005 I!lI Value $100,478,599 $90,589,478 $83,035,858 704 REPORT NO.: EGD-048-07 PAGE 5 PERMIT REVENUES 2007 2006 June Year to Date June Year to Date I PERMIT FEES $145,965 $761,952 $221,757 $742,367 INSPECTION SERVICES 2007 2006 June Year to Date June Year to Date Building Inspections 522 2,889 511 2,791 Plumbing & Heating Inspections 478 2,566 383 2,476 Pool Enclosure Inspections 0 0 0 0 TOTAL 1,000 5,455 894 5,267 NUMBER OF NEW RESIDENTIAL UNITS 2007 2006 June Year to Date June Year to Date Single Detached 44 232 45 225 Semi-Detached 16 74 20 69 Townhouse 17 37 3 22 Apartments 0 1 109 173 TOTAL 77 344 177 489 705 REPORT NO.: EGD-048-07 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2007 (10 end of 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 AREA June) Bowmanvllle 228 609 307 587 468 345 312 188 184 313 423 Courtice 55 126 241 173 180 133 129 231 296 254 295 Newcastle 41 84 202 191 123 131 76 110 78 . 4 5 Wilmot Creek 5 15 15 25 29 38 24 19 21 33 21 Orono 0 1 1 2 0 1 0 0 1 0 0 Dariington 4 7 14 15 13 17 47 102 31 14 19 Clarke 7 12 13 10 16 15 9 17 17 12 20 Burketon 0 0 1 1 1 1 0 1 0 1 2 Enfield 0 0 0 0 0 0 o. 0 0 0 3 Enniskillen 0 1 1 1 0 2 5 7 6 3 7 Hampton 1 1 0 0 3 1 1 1 2 1 2 Haydon 0 0 0 0 0 0 0 0 1 1 2 Kendal 1 0 0 1 0 3 2 0 1 0 0 Kirby 0 0 0 0 0 0 0 0 0 0 1 Leskard 0 0 0 0 0 1 0 0 1 0 0 Maple Grove 0 0 0 0 1 0 0 0 0 0 0 Mitchell Corners 1 0 0 1 0 0 0 0 0 0 0 Newtonville 0 2 4 5 3 3 0 3 1 0 0 Solina 1 3 3 3 3 1 1 0 0 0 1 Tyrone 0 0 0 0 3 9 3 0 0 0 0 TOTALS 344 861 802 1.015 843 701 609 679 640 636 801 706 . CI!J!mgron REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday July 30, 2007 Resolution #: Report #: EGD-049-07 File #: By-law #: Subject: AGREEMENT OF UNDERSTANDING FOR SPRINGFIELD MEADOWS III - 708545 ONTARIO LIMITED (GERANIUM HOMES) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-049-07 be received; 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the Agreement of Understanding with 708545 Ontario Limited (Geranium Homes) for the fill and grading works and the erosion and sedimentation control works on the east side of Prestonvale Road in Springfield Meadows (18T-95028); 3. THAT Council approve the by-law attached to Report EGD-049-07 to confirm its decision to enter into the Agreement of Understanding with 708545 Ontario Limited (Geranium Homes); and 4. THAT 708545 Ontario Limited (Geranium Homes) be notified of Council's decision and that the Agreement of Understanding be forwarded to them for execution once it has been drafted to the satisfaction of the Director of Engineering Services and the Municipality's Solicitor. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 707 Report #EGD-049-07 Page 2 Respectfully by, ~ Submitted by: A.S. Cannella Director of Engineering Services ASC/jo July 20,2007 (~~ ~~ Reviewed by: Franklin Wu Chief Administrative Officer 708 Report #EGD-049~07 Page 3 1.0 BACKGROUND 1.1 70'8545 Ontario Limited (Geranium Homes) is desirous to fill the ir site on the east side of Prestonvale Road in the Emily Stowe Neighbourhood. There are no immediate plans to develop the site, but the property owner has the opportunity to receive fill from the construction of the Macourtice pond which has recently begun. CLOCA has issued a permit for the Emily Stowe Neighbourhood work, and Municipal and Authority staff have reviewed the plans and erosion/sedimentation control. Since this site is part of a Council approved Neighbourhood Plan, the property owner must enter into an Agreement of Understanding and post securities with respect to filling, rough grading and maintaining erosion and sedimentation control on the subject lands. 2.0 REVIEWS AND COMMENTS 2.1 Staff is currently reviewing the draft Agreement of Understanding and will be seeking the Municipal Solicitor's input. 3.0 CONCLUSION 3.1 Staff recommend that the Municipality enter into the Agreement of Understanding with 708545 Ontario Limited (Geranium Homes) once the agreement has been drafted to the satisfaction of the Director of Engineering Services and the Municipal Solicitor, and once legal fees have been paid and securities have been submitted by the proponent. 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I \ f----------L....l t_ .,_ gJ t 1i:~~!i;;;~.:~iqL--~___.r.-.-------'---: r~j i-1 rollli""'I'llll"ITilllli' s~ ~ ti~~ 0< ~ .,~ , , ..-, ~ . ~T"~1~~}( '--n I >-1Fj , Ii?~~r",>""",_ if ;8100r 51. I KEY MAP II WJ;~f2~RT'C~{ t:---~:=--=---i';'-":= : '-=:::~=--=I 'I I~ J\r 4'4 ~~ s DRAWN BY: E.L. DATE: July 24,2007 REPORT EGD-049-07 ATTACHMENT NO.1 71 0 G:\Altachments\Emily Stowe.mxd ATTACHMENT NO.:2 REPORT NO.: EGD-049-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007-XXX Being a By-law to authorize the execution of an Agreement of Understanding between the Corporation of the Municipality of Clarington and 708545 Ontario Limited (Geranium Homes) for the purpose of filling a future development site in the Emily Stowe Neighbourhood. WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-049-07, including. the recommendation that the Corporation of the Municipality of Clarington enter into a Agreement of Understanding for the purpose of filling a future development site in the Emily Stowe Neighbourhood. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Mayor and Clerk are hereby authorized to execute an Agreement of Understanding between the Corporation of the Municipality of Clarington and 708545 Ontario Limited (Geranium Homes). BY-LAW read a firstand second time this 30th day of July, 2007. BY-LAW read a third time and finally passed this 30th day of July, 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 711 CI!Ki[]gron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 30, 2007 Report #: CLD-027 -07 File #: By-law #: Subject: Appointment of Private Property Parking Enforcement Officers RECOMMENDATIONS: It is respectfully recommended to Council: 1. THAT Report CLD-027-07 be received; 2. THAT the by-laws attached to Report CLD-027 -07 to appoint Parking Enforcement Officers for private property be forwarded to Council for approval; and 3. THAT P.R.O. Security and Investigation Agency Inc. and Group 4 Securicor be advised of Council's actions. {J ~~Q --: .~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC*lb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1101 REPORT NO.: CLD-027-07 PAGE 2 BACKGROUND AND COMMENT Corporate private property owners have traditionally had the option of approaching Council for permission to hire security officers to enforce the Clarington Traffic By-law 91-58 on their own property. P.RO. Security and Investigation Agency Inc. and Group 4 Securicor have approached the Municipality and requested that their officers be authorized to issue parking tickets on their respective properties. In order for these officers to be able to perform these duties they must be appointed pursuant to the Police Services Act as Parking Enforcement Officers. P.RO. Security and Investigation Agency Inc. and Group 4 Securicor have had officers appointed in the past and are aware that once appointed these officers must attend at the Municipal Administrative Centre for training prior to commencing any enforcement duties. ATTACHMENTS: Attachment 1 : By-law to Appoint Alicia McGriskin, Stephen Gibson, Walter Barret, Adam Jobse, Craig Bennett and Jonathan Fitches as a Parking Enforcement Officers for Private Property. INTERESTED PARTIES: Group 4 Securicor P.RO. Security and Investigation Agency Inc. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1102 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 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 Alicia McGriskin 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. Alicia McGriskin 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. This By-law shall come into full force and effective immediately on the day of Final passing by Council. 3. This appointment as a Parking Enforcement Officer shall remain in effect for the duration of their term of employment with the P.R.O. Security and Investigation Agency Inc. 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 1103 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- Being a By-law to appoint individuals as a Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Stephen Gibson, Walter Barret, Adam Jobse, Craig Bennett and Jonathan Fitches as Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 72 Martin Road and 2800 Courtice Road, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Stephen Gibson, Walter Barret, Adam Jobse, Craig Bennett and Jonathan Finches are hereby appointed as a Parking Enforcement Officers 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. This By-law shall come into full force and effective immediately on the day of Final passing by Council. 3. . This appointment as a Parking Enforcement Officer shall remain in effect for the duration of their term of employment with Group 4 Securicor. 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 1104 CI!J!ilJglOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 30, 2007 Report #: CLD-028-07 File #: By-law #: Subject: QUARTERLY PARKING REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-028-07 be received; and 2. THAT a copy of Report CLD-028-07 be forwarded to the Bowmanville Business Centre for their information. '. ~ ( LQ., C\J ,. r'. .' cC"~' _ /' \l.L Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC*lb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1105 REPORT NO.: CLD-028-07 PAGE 2 of2 BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the months of April, May and June 2007 and is provided herein for the information of Committee and Council. It is noted that the revenue is down over the same period last year. This is due to the fact that one of the two Parking Enforcement Officers was on restricted duties and working full-time in the office since February. This Officer returned to full duties as of June 1,2007, so the revenues will pick up once again. Also, as can be seen from the report, the number of tickets issued by the various private security companies has decreased significantly. Attachments: Attachment 1 - Parking Report For The Months of April, May and June 2007 1106 PARKING ENFORCEMENT YEAR END REPORT 2007 ATTACHMENT #1 to 2nd Quarter Parking Financial Report TICKETS ISSUEl2 Quarter 2, 2007 YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE 2007 2006 2005 P.E. Officers 434 1287 2266 1830 Police 3 9 13 19 Public Works 0 0 0 0 Group Four 11 30 25 70 Aspen Springs 31 57 n/a 18 Securitas 0 0 88 88 ProSecurity 9 39 309 n/a Fire Services 0 0 0 0 TOTAL ISSUED 475 1396 2892 1972 .. .. ff~Y~NJji; Meters 16 030.00 32 966.00 38361.00 28068.00 Permits 997.5 1795.50 2678.90 1678.75 Fines 6305.00 18474.00 41 323.00 26 076.00 MTO Charge back (1501.5) (3316.00) (3318.75) (5172.00) TOTAL REVENUE 21 831.00 49919.50 79 044.15 50 650.00 1ST A PPEARANCi$ Total Conducted 12 34 68 51 # Tickets Cancelled 10 30 56 41 # Tickets Upheld 2 6 14 14 # Requests for Trial 0 0 7 4 # Tickets Disputed 12 36 70 56 1107 CI!J!-ilJgron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 30, 2007 Report #: CLD-029-07 File #: By-law #: Subject: APPROVAL OF TILE DRAINAGE LOAN APPLICATION - DAVID HANNAH RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: . 1. THAT Report CLD-029-07 be received; 2. THAT the Tile Drainage Loan Application submitted by David Hannah in the amount of $6,400 be approved; 3. THAT the by-law attached to Report CLD-029-07 be approved and forwarded, together with all necessary supporting documents, to the Regional Municipality of Durham for processing; and 4. THAT David Hannah be advised of Council's decision. Submitted by: \:J~~ ~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1108 REPORT NO.: CLD-029-07 PAGE 2 OF 2 BACKGROUND AND COMMENT Mr. David Hannah filed a loan application for tile drainage work which was completed in June 2007 in the amount of $6,400, being 75 percent of the total cost of the works. Under the Tile Drainage Act, the amount of the loan requested must not exceed 75 percent of the total cost, excluding GST. Invoices totaling $9,074.20 were submitted to the Engineering Services Department for review. The Drainage Inspector inspected the works and filed an Inspection and Completion Certificate on July 24, 2007. It is recommended that the Tile Drainage Loan Application in the amount of $6,400 be approved, that the necessary by-law be passed, and all documentation be forwarded to the Regional Municipal of Durham for processing. 1109 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NO. 2007. Being a By-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act, R.S.O. 1990, c.T.8 . WHEREAS owners of land in the municipality have applied to the Council under the Tile Drainage Act, R.S.O. 1990, c.T.8 for a loan for the purpose of constructing sub-surface drainage works on such land; AND WHEREAS the Council of the Corporation of the Municipality of Clarington has upon their application, lent the owners of Part Lot 7, Concession 4, former Township of Clarke the total sum of $6,400 to be repaid with interest by means of rates hereinafter imposed; NOW THEREFORE the Council of The Corporation of the Municipal ity of Clarington hereby enacts as follows: 1. THAT annual rates as set out in Schedule "Aft attached hereto are hereby imposed upon such land for a period of ten (10) years, such rates to be levied and collected in the same manner as taxes. By-Law read a first time this 30th day of July 2007. By-Law read a second time this 30th day of July 2007. By-Law read a third time and finally passed this 30th day of July 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 111 0 Schedule A to By-law 2007- Name and Description of Proposed Sum To Annual Rate Address of Owner Land Drained Date of Loan Be Loaned To Be Imposed David Hannah Part Lot 7 October 1, 2007 $6,400 $954 4639 Concession Road 5 Concession 4 Newtonville ON LOA 1 JO Former Township of Clarke 10-Year Repayment Factor: 14.90 - 8% 1 1 1 1 CI!1!il!gron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE July 30, 2007 Report #: COD-042-07 Date: File #_ By-law # Subject: CL2007-32, ONE (1) NATURAL GAS POWERED ICE RESURFACER Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-042-07 be received; 2. THAT Resurfice Corp., Elmira, Ontario with a total bid in the amount of $72,771.91 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2007-32, be awarded the contract to supply One (1) Natural Gas Powered Ice Resurfacer, as required by the Municipality of Clarington, Community Services Department; and 3. THAT the total funds required be drawn from the 2007 Community Services Garnet B. Rickard Recreation Complex Capital Account #110-42-421-84214-7401. Submitted by: Reviewed by: O~-S ~ Franklin Wu, Chief Administrative Officer /1 ~ ''t ' Nancy T lor, B. .A., C.'A., Director of Finance ~//j L..( ~. ' Joseph Caruana Director of Community Services MM\NT\JB\sm 1201 REPORT.: COD-042-07 PAGE 2 BACKGROUND AND COMMENT Tenders were publicly advertised and invited for the supply and delivery of one (1) Natural Gas Powered Ice Resurfacer, as required by the Community Services Department. Only one tender submission was received. This submission was received from Resurfice Corp., Elmira, Ontario. Below is a summary of the bid received. Community Services offered their current 1990 Olympia Ice Resurfacer as a trade-in. - \i';'~fitA,~*~~g~r', ;E:-';~: I ce Resurfacer $70, 1 35 00 Trade I n offered $6, 000. 00 Subtotal $64, 1 35 00 PST $5, 1 30. 80 GST $3, 848. 1 0 TOTAL $73, 1 1 3.90 In addition to the ice resurfacer, operating accessories were also included for pricing. Below is the summary of the pricing for these items. >eC' "" '; -: , c' ......, .. ..,'. ;,':':'-<:-, , ,..i, ....... .' '\~2 'i'i:;" .;, TotaliCbst" '. " :, .'" '-;, " eX. '" :>-".2- '. :.;iy \ ;:-i '-':'\-"'" , ...'....,. 'f" , , , Studded Tire 4) $ 409.95 $1,639.80 Blades 4) $ 383.90 $1,535.60 Board Brush $ 71.00 $71.00 Subtotal $3,246.40 PST $259.71 GST $194.78 TOTAL $3,700.89 The total of expenditure including required operating accessories and taxes less the trade is $76,814.79 ($72,771.91 excluding GST). The required funding will be provided from the 2007 Community Services Garnet B. Rickard Recreation Complex Capital Account #110-42-421- 84214-7401. The Finance Director 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 Community Services. 1202 REPORT.: COD-042-07 PAGE 3 The subject firm has previously provided satisfactory service for the Municipality of Clarington. After further review and analysis of the bid by Community Services and Purchasing, it was mutually agreed that Resurfice Corp., Elmira, Ontario, be recommended for the contract to supply and deliver one Natural Gas Powered Ice Resurfacer, to the Municipality of Clarington, as required by the Community Services Department. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-3330 1203 . CI!J!ilJglon REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE July 30, 2007 Report #: COD-043-07 Date: File #_ By-law # Subject: CL2007.5, SALE OF ADVERTISING REQUIREMENTS RINK BOARD SIGNS & LED DISPLAY BOARDS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-043-07 be received; 2. THAT Futuresign Multimedia Displays, Inc., Markham, Ontario with a total submission of $82,800.00 (excluding GST) being the highest responsible bidder meeting all terms, conditions and specifications of Tender CL2007-5, be awarded the contract to provide the marketing, sale of space and the production of Rink Boards at the Gamet B. Rickard Recreation Complex, Darlington Sports Arena and South Courtice Arena, as required by the Municipality of Clarington, Community Services Department; 3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved; and 4. THAT the total funds received be credited to the Community Services Advertising Fees Revenue Account # 100-42-130-00000-6491 Submitted by: Reviewed by: a ~'U Franklin Wu, Chief Administrative Officer 1204 MM\JC\JB\sm COD-043-07 Paoe 2 BACKGROUND AND COMMENT Tenders were publicly advertised and invited for the marketing, sale of space and the production of Rink Boards as required by the Community Services Department. Subsequently, only two submissions were received. A summary of the bids is attached as Schedule lOB" for your information. The tender was broken down into Part A and Part B. Part A included the sale of advertising for the rink boards and the four ice resurfacers while Part B included the sale of advertising for the LED boards in the Lobbies of the various arenas. The tender received by Futuresign Multimedia Displays Inc., results in the highest overall revenue to the Municipality. The subject firm has provided satisfactory service for the Municipality throughout the term of the previous contract. As advertising must be sold in advance of each ice season, it is necessary to award the contract in order to ensure there is no gap in the revenues received. For the information of Council attached is a copy of the proposed agreement marked Schedule "e". After further review and analysis of the tender submissions by Purchasing and Community Services, it was mutually agreed that the proposal from Futuresign Multimedia Displays Inc., Aurora, Ontario be accepted and that the monies received be credited to the Community Services Advertising Fees Revenue Account # 100-42-130-00000-6491. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330 1205 Schedule" A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2007- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Futuresign Multimedia Displays Inc, Aurora, Ontario, in respect of the Marketing, Sale of Space and Production of Rink Board Signs for the Garnet B. Rickard Complex, Darlington Arena and South Courtice Arena. 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 with the Corporation Seal, a contract between, Futuresign Multimedia Displays Inc, Aurora, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2007. By-law read a third time and finally passed this day of ,2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1206 Cl~JlingtOn Schedule "B" Municipality of Clarington Tender CL2007-5 SALE OF ADVERTISING REQUIREMENTS RINK BOARD SIGNS & LED DISPLAY BOARDS Futuresign Multimedia Displays, Inc. Markham, ON RINK BOARD ANNUAL PAYMENT September 1, 2007 = $22,800.00 September 1, 2008 = $22,800.00 September 1, 2009 = $22,800.00 TOTAL = $68,400.00 ICE RESURFACERS ANNUAL PAYMENT September 1, 2007 = $1,200.00 September 1,2008 = $1,200.00 September 1,2009 = $1,200.00 TOTAL = $3,600.00 LED LOBBY SIGN ANNUAL PAYMENT . September 1, 2007 = $3,600.00 September 1, 2008 = $3,600.00 September 1, 2009 = $3,600.00 TOTAL = $10,800.00 Boardview Advertising Inc. Toronto, ON RINK BOARD ANNUAL PAYMENT September 1, 2007 = $20,050.00 September 1,2008 =$20,050.00 September 1,2009 = $20,050.00 TOTAL = $ 60,150.00 ICE RESURFACERS ANNUAL PAYMENT September 1, 2007 = $300.00 September 1, 2008 = $300.00 September 1, 2009 = $300.00 TOTAL = $ 900.00 LED LOBBY SIGN ANNUAL PAYMENT September 1, 2007 = $3,000.00 September 1, 2008 = $3,000.00 September 1, 2009 = $3,000.00 TOTAL = $9,000.00 1207 PART "An SCHEDULE "C" AGREEMENT THIS AGREEMENT made the BETWEEN: 4th day of JULY 2007. MUNICIPALITY OF CLARINGTON AND: FUTURESIGN MULTIMEDIA DISPLAYS INC. (Hereinafter referred to as the "Company") WHEREAS the Corporl;ltion of the Municipality of Clarington has authorized the Community Services Department to co-ordinate and supervise the marketing and selling of advertising panels at the Garnet B. Rickard Complex, Darlington Sports Centre, and South Courtice Arena. BY SIGNING THIS AGREEMENT, the parties do hereby agree to be bound by the Terms and Conditions of CL2007-5 and the following: 1. The Municipality grants the exclusive right to sell and display advertisements on the rink boards of the ice surfaces located at the Garnet B. Rickard Recreation Complex, Darlington Sports Centre, and South Courtice Arena. 2. This agreement shall be in effect for the three (3) year period commencing as of September 1,2007, subject to the performance of the terms of this Agreement. The Municipality may terminate this Agreement for non-payment of fees or any breach of the covenants and obligations of its part to be observed and performed. 3. The Company agrees to pay the Municipality of Clarington in current funds the following guaranteed minimum payment schedule plus applicable tax, in the form of certified cheque, bank draft or money order, due on the specified date. On September 1, 2007 and prior to any advertising boards being installed, the "Companv" will pay in advance the first year guarantee in the amount of $24.000.00 plus G.S.T. subsequent payments due as indicated below: September 1, 2007 Minimum payment of $24,000.00 September 1, 2008 Minimum payment of $24,000.00 September 1 , 2009 Minimum payment of $24,000.00 $ 24,000.00 or the greater of: payment of $ 300.00 per 3' X 8' board payment of $ 150.00 per 3' X 4' board payment of $ 300.00 per ice resurfacer X boards. $ 24,000.00 or the greater of: payment of $ 300.00 per 3' X 8' board payment of $ 150.00 per 3' X 4' board payment of $ 300.00 per ice resurfacer X boards $ 24,000.00 or the greater of: payment of $ 300.00 per 3' X 8' board payment of $ 150.00 per 3' X 4' board payment of $ 300.00 per ice resurfacer X boards 1208 SCHEDULE "C" AGREEMENT PART "A" 4. The Company agrees to supply and warrantee all work and materials for the term of this Agreement and to carry on behalf of the manufacturer the warranty on the LEXAN pieces. 5. The Company acknowledges and agrees to the following terms and conditions: (a) To guarantee the quantity of rink board advertisements available for placements indicated above; (b) All advertising signs shall remain the property of the Advertiser and may be replaced at any time. The Municipality shall not be held liable for damage to the signs for any reason; (c) The Company shall be responsible for installing and replacing any damaged or defaced signs and insuring that the signs are maintained in a safe condition and pleasing appearance for the term of this Agreement, not to include acts of God as set out, but not limited to, earthquake, snowslide, landslide, subsidence or other earth movement, flood including waves, tides, tidal waves and the rising of, the breaking out or the overflow of any body of water, whether natural or man-made, damage arising out of war, invasion, acts of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power, or damage imposed by or arising under the Nuclear Liability Act. (d) The Company undertakes that the advertising place by it shall be in accordance with the regulations and standards set by the Canadian Advertising Council and the Corporation of the Municipality of Clarington; (e) All advertising signs installed by the Company will be of high moral standard, non- political and not contrary to public order and taste as determined by the Municipality; 6. The Company hereby covenants to indemnify and save harmless the Municipality from all actions, causes of action, suits, claims and lor demands whatsoever which may arise directly or indirectly as a result of placing any advertisement by the Company under the terms of this Agreement. 7. The Company shall maintain liability insurance with any Insurance Company acceptable to the Municipality of Clarington to save harmless and indemnify both the Municipality and Contractors against property damage, personal injury, including death which may arise from operations within this contract. The Municipality shall be added to the Company's Insurance Policy as additional coverage. Such insurance shall be not less than three million ($3,000,000.00) Public Liability coverage. A certificate of insurance must be provided to the Municipality of Clarington. Any damages to any or all properties as a result ofthe work performed by the Company will be repaired at the expense of the Company to the satisfaction of the Director of Community Services or his designate. 8. The Municipality agrees to provide the Company access to the facilities for the convenience of installing, repairing and I or replacing advertisement signs. 9. This Agreement shall not be assigned without the written consent of the parties hereto, which consent shall not be unreasonably withheld. 10. The company agrees to display public service and municipality self advertised faces on a "no change" basis for one available advertising space on a rink board at a location to be specified by the municipality. The cost of production of advertising copy shall be borne by the Company for a maximum of three messages (one at each arena). Design and appearance of all public services messages shall be subject to approval by the company. 1209 SCHEDULE "C" AGREEMENT PART "A" IN WITNESS THEREOF the parties hereto have caused to be executed those presents by their officers properly authorized in that behalf on the day and year first above written. COMPANY AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Jim Abernethy Patti L. Barrie, Municipal Clerk 1210 SCHEDULE "C" AGREEMENT PART "B" THIS AGREEMENT made the 4th day of JULY, 2007. BETWEEN: MUNICIPALITY OF CLARINGTON AND: FUTURESIGN MULTIMEDIA DISPLAYS INC. (Hereinafter referred to as the "Company") WHEREAS the Corporation of the Municipality of Clarington has authorized the Community Services Department to co-ordinate and supervise the marketing and selling of advertising panels at the Garnet B. Rickard Recreation Complex, South Courtice Arena and Courtice Community Complex. BY SIGNING THIS AGREEMENT, the parties do hereby agree to be bound by the Terms and Conditions ofTender CL2007-5 and the following: 1. The Municipality grants the exclusive right to sell and display advertisements on display boards and LED Display Boards located at the Garnet B. Rickard Recreation Complex, South Courtice Arena and Courtice Community Complex. . 2. This agreement shall be in effect for the three (3) year period commencing as of September 1, 2007, subject to the performance of the terms of this Agreement. The Municipality may terminate this Agreement for non-payment of fees or any breach of the covenants and obligations of its part to be observed and performed. 3. The Company agrees to pay the Municipality of Clarington in current funds the following guaranteed minimum payment schedule plus applicable tax, in the form of certified cheque, bank draft or money order, due on the specified date. On September 1, 2007, The "Company" will pay in advance the first year guarantee in the amount of $ 3,600.00 plus G.S.T. subsequent payments due as indicated below: September 1, 2007 payment of $1 ,200.00 display board X 3 locations = $ 3,600.00 September 1, 2008 September 1 , 2009 payment of $1 ,200.00 display board X 3 locations = $ 3,600.00 payment of $1 ,200.00 display board X 3 locations = $ 3,600.00 1211 SCHEDULE "C" AGREEMENT PART "B" 4. The Company agrees to supply and warrantee all work and materials for the term of this Agreement and to carry on behalf of the manufacturer the warranty. 5. The Company acknowledges and agrees to the following terms and conditions: a) To guarantee the quantity of board advertisements available for placements indicated above; b) All advertising signs shall remain the property of the Advertiser and may be replaced at any time. The Municipality shall not be held liable for damage to the signs for any reason; c) The Company shall be responsible for installing and replacing any damaged or defaced signs and insuring that the signs are maintained in a safe condition and pleasing appearance for the term of this Agreement, not to include acts of God as set out, but not limited to, earthquake, snowslide, landslide, subsidence or other earth movement, flood including waves, tides, tidal waves and the rising of, the breaking out or the overflow of any body of water, whether natural or man-made, damage arising out of war, invasion, acts of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power, or damage imposed by or arising under the Nuclear Liability Act. d) The Company undertakes that the advertising placed by it shall be in accordance with the regulations and standards set by the Canadian Advertising Council and the Corporation of the Municipality of Clarington; e) All advertising signs installed by the Company will be of high moral standard, non-political and not contrary to public order and taste as determined by the Municipality; 6. The Company hereby covenants to indemnify and save harmless the Municipality from all actions, causes of action, suits, claims and lor demands whatsoever which may arise directly or indirectly as a result of placing any advertisement by the Company under the terms of this Agreement. 7. The Company shall maintain liability insurance with any Insurance Company acceptable to the Municipality of Clarington to save harmless and indemnify both the Municipality and Contractors against property damage, personal injury, including death which may arise from operations within this contract. The Municipality shall be added to the Company's Insurance Policy as additional coverage. Such insurance shall be not less than three million ($3,000,000.00) Public Liability coverage~ A certificate of insurance must be provided to the Municipality of Clarington. Any damages to any or all properties as a result of the work performed by the Company will be repaired at the expense of the Company to the satisfaction of the Director of Community Services or his designate. 8. The Municipality agrees to provide the Company access to the facilities for the convenience of installing, repairing and I or replacing advertisement signs. 9. This Agreement shall not be assigned without the written consent of the parties hereto, which consent shall not be unreasonably withheld. 1212 SCHEDULE "C" AGREEMENT PART "B" IN WITNESS THEREOF the parties hereto have caused to be executed those presents by their officers properly authorized in that behalf on the day and year first above written. COMPANY AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Jim Abernethy Patti L. Barrie. Municipal Clerk 1213 Cl~gtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 30th, 2007 Report #: COD-044~07 File#_ By-law # Subject: CO-OPERATIVE TENDER T-282-2007 SUPPLY AND DELIVERY OF WINTER SAND Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-044-07 be received; 2. THAT C.D.R. Young's Aggregates Inc., Pontypool with a unit price of $6.25/per tonne for Orono Yard, $6.60/per tonne for Hampton Yard and $6.70/per tonne for Depot #42 for the first year of the agreement and meeting all terms, conditions and specifications of the Co-operative Tender T-282-2007 be awarded the contract for the supply and delivery of winter sand to the Municipality of Clarington for a one year term; 3. THAT pending satisfactory service and pricing, the contract be renewed for a second and third one year term; and 4. THAT the funds required be drawn from the Department of Operations various current operating accounts. Submitted by: Reviewed by: () ~::.- ~ Franklin Wu, Chief Administrative Officer Marie Marano, H.B.Sc., C.M.O. Director of Corporate Services Freder k Horvath, RDMR, RRFA, Director of Operations MM\JDB 1214 REPORT NO.: COD-044-07 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-282-2007 for the supply and delivery of winter sand as required by the. Regional Municipality of Durham, the Cities of Oshawa and Pickering, the Town of Whitby, the Township. of Scugog and the Municipality of Clarington. Four (4) 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 two additional one year terms subject to satisfactory pricing and service. After review and analysis of the bids by Purchasing and Operations staff, it was mutually agreed that the lower bidder, C.D.R Young's Aggregates Inc., Pontypool, Ontario, be recommended for the contract to supply and deliver winter sand to the Municipality of Clarington. It is further recommended that pending satisfactory service and pricing the contract be extended for up to two additional one year terms. The unit prices represent an approximate 0.46% decrease for Orono, 0.9% increase for Hampton and 5.2% decrease for Depot 42 over product delivered in 2006 and the estimated annual value of the proposed 2007 contract is $155,300.00 plus taxes. The required funds will be drawn from the respective years operating budget allocation for tires from which there are adequate funds available. The subject firm has previously provided satisfactory service for the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1215 Cl{J!-!lJgton Municipality of Clarington SCHEDULE "A" BID SUMMARY CO-OPERATIVE TENDER T -282-2007 SUPPLY AND DELIVERY OF WINTER SAND BIDDER ORONO YARD HAMPTON DEPOT Price/tonne YARD #42 Price/tonne PricelTonne 10,000 Tonnes 10,000 Tonnes 4000 Tonnes C.D.R.Young's Aggregates Inc. $6.25 $6.60 $6.70 Pontvpool, ON LaFarge Canada Inc. Stouffville, ON $6.29 $6.60 $6.90 Brock Aggregates Inc. Concord, ON $10.25 $10.25 $10.75 1216 CI!J!lngton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 30, 2007 COD-045-07 File#_ By-law # Report #: Subject: Tender CL2007-33 Rooftop HVAC Replacement at Garnet B. Rickard Recreation Complex Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-045-07 be received; 2. THAT Canadian Tech Air Systems, Scarborough, Ontario with a total bid in the amount of $75,400.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2007-33, be awarded the contract for the Replacement of Rooftop HVAC Equipment at Garnet B. Rickard Recreation Complex as required by the Community Services Department; 3. THAT the total funds required in the amount of $80,900.00 (plus GST) which includes. $75,400.00 for equipment and $5,500.00 for consulting fees be drawn as follows: a) $50,000.00 from 2006 Capital Budget Account # 110-42-421-84231-7401; b) with the remaining funds in the amount of $30,900.00 being transferred from the 2007 Capital Budget Garnet B. Rickard Recreation Complex project #110-42-421- 84214-7401 ; 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the n ,essary agreement be approved. I i Reviewed by: ~~..~ Franklin Wu, Chief Administrative Officer Submitted by: 1217 REPORT NO.: COD-045-07 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Durham Energy Specialists Limited for the requirements to replace the Rooftop HV AC Equipment at Garnet 8. Rickard Recreation Complex as required by the Community Services Department. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per Schedule "B" attached. As the total funds required for this equipment upgrade exceeds the available budget of $50,000.00 in the 2006 Capital Account 110-42-421-84231-7401, it is recommended that additional funds required in the amount of $30,900.00 (plus GST) be transferred from the 2007 Capital Budget Garnet B. Rickard Recreation Complex project number 110-42-421-84214-7401. These funds are available as a result of the under budget purchase of the following items: Proiect Ice Resurfacer Concession Floor Replacement Pad A/B Lobby Carpet Replacement Surplus Amount $ 7,200.00 $ 2,500.00 $21,200.00 The recommended low bidder has not worked with the Municipality of Clarington on any previous projects, however, Durham Energy Specialists Limited, the consultant on this project, has work with Canadian Tech Air Systems and has provided a very good reference. 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 Community Services. After further review and analysis of the bids by the Community Services, Durham Energy Specialists and Purchasing, it was mutually agreed that the low bidder, Canadian Tech Air Systems, Scarborough, Ontario, be recommended for the contract for the Rooftop HVAC Replacement at Garnet B. Rickard Recreation Complex. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1218 Schedule" An THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- Bein~, a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Canadian Tech Air Systems, Scarborough, Ontario, to enter into agreement for the Replacement of the Rooftop HVAC at, GarnE3t B. Rickard Recreation Complex 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, Canadian Tech Air Systems, Scarborough, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2007. By-law read a third time and finally passed this day of ,2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1219 Schedule 8 C:!{J!ington Municipality of Clarington BID SUMMARY Tender CL2007-33 MPR ROOFTOP HV AC REPLACEMENT AT THE GARNET B. RICKARD RECREATION COMPLEX BIDDER TOTAL BID (ExcludinaGST) Canadian Tech Air Systems Inc. $75,400.00 Scarborough, ON Crozier Mechanical Inc. $85,000.00 Orono, ON Newmarch Tech Systems $88,023.00 Stouffville, ON Mapleridge Mechanciallnc. $105,000.00 Pickerina, ON Direct Energy Business Services Ltd. $119,000.00 WhitbY, ON Certified Heating & Air Conditioning $73,693.00 Pickerina, ON Incomplete I Withdrawn * 1220 C!!JIilJ.gtnn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY JULY 30, 2007 Resolution #: Report #: FND-015-07 File #: By-law #: Subject: CASH ACTIVITY - SECOND QUARTER OF 2007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-015-07 be received; 2. That in accordance with provision of Chapter 25, Section 268 of the Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the second quarter of the year 2007, as shown on the attached schedule; and 3. That part "A" of the expenditures for the second quarter of the year be confirmed. Submitted by: Reviewed bYO~~ 9IJ'1c Franklin Wu, Chief Administrative Officer. NT /LB/nma 1301 REPORT NO.: FND-015-07 PAGE 2 BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions for the second quarter of 2007, the cash investment position, the taxes receivable position with the comparative information for the month ending June 30, 2006 and statistical information for the second quarter of 2007. Attachments: Attachment A - Analysis of Revenue and Expenditures - Second Quarter of 2007 Attachment B - Continuity of Taxes Receivable - As at June 2007 Attachment C - Statistical Information - As at June 2007 Attachment D - Investments Outstanding - As at June 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1302 CORPORATION OF THE MUNICIPALITY OF CLARINGTON Analysis of Revenue and Expenditures for the Second Quarter of the Year 2007 PART "A" S econd Quarter econd Quarter 2007 2006 REVENUE RECEIVED FOR GENERAL OPERATING AND RESERVE FUND PURPOSES: GENERAUTAX PAYMENTS RECEIVED 56,963,580 43,269,235 FEDERAL GAS TAX REVENUE 0 138,665 ONTARIO MUNICIPAL PARTNERSHIP FUND (CRF) 29,000 0 DURHAM REGION - PROVINCIAL OFFENCES ACT 92,334 59,013 CANADIAN WASTE - RENT AND ROYALTIES 26,378 40,477 DEVELOPMENT CHARGES-MUNICIPAL 2,010,102 1,826,015 DEVELOPMENT CHARGES-REGION 2,680,728 2,472,621 DEVELOPMENT CHARGES-SCHOOL BOARD 275,160 340,024 INTEREST 419,036 1,825,820 62,496,319 49 971,870 USE OF FUNDS: PAYROLL 5,894,082 5,494,950 REGION LEVY 24,882,231 11,093,204 SCHOOL BOARD LEVIES 7,025,122 5,717,225 GENERAL-INCLUDING CAPITAL EXP.** 21,962,427 12,758.766 59 763,861 35,064.145 NET CASH PROVIDED (USED) 2,732,457 14,907,725 BANK NET CASH BANK BANK BALANCE PROVIDED BALANCE BALANCE FINANCIAL POSITION: ~AR. 31, 2007 I (USED) JUN. 30, 2007 JUN. 30, 2006 GENERAL FUND 6,132,084 (127,925) 6,004,158 14,427,301 RESERVE FUND 529,744 331,933 861,676 1,220,156 MUNICIPAL BOND INVESTMENTS 2,825,689 29,716 2,855,404 2,740,334 MUNICIPAL EQUITY INVESTMENTS 500,000 0 500,000 0 HOST COMMUNITY FUND IN TRUST 10,000,000 0 10,000,000 10,000,000 INVESTMENTS (GENERAL. + RESERVE FUNDS) 60,282,894 2,498,733 62,781,627 53,289 047 TOTALS 80,270,411 2,732,457 83,002,865 81,676,838 BANK BALANCES AS AT: ~PR. 30, 2007 APR. 30, 2006 MAY 31, 2007 MAY 31,2006 GENERAL FUND 6,278,054 16,472,123 4,220,910 3,888,095 RESERVE FUND 651,470 731,273 855,592 1,037,403 MUNICIPAL BOND INVESTMENTS 2,835,188 2,721,571 2,845,459 2,731,102 NOTE A: Difference in comparison between years due to timing difference in receipt of funds. 1303 CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "8" Continuity of Taxes Receivable or the Second Quarter of the Year 2007 I March 31, 2007 JUNE JUNE BEGINNING BALANCE INTEREST TAXES PAYMENTSI 2007 2006 RECEIVABLE ADDED BILLED BALANCE ADJUST.... TAXES CURRENT YEAR TAXES (2,983,797) 50,103,218 47,119,421 (41,053,884) 6,065,537 7,127,568 PENALTY AND INTEREST 22 597 132,809 155 406 168 998' 86 408 80 456 FIRST PRIOR YEAR TAXES 3,193,781 605 3,194,386 (703,012) 2,491,374 2,338,308 PENALTY AND INTEREST 246 691 113016 359 707 (110236) 249471 214821 ~ECOND PRIOR YEAR TAXES 1,161,157 6,118 1,167,275 (197,587) 969,688 958,088 PENAL TV AND INTEREST 177 524 41165 218689 148 386) 170 303 155198 IrHIRD & PRIOR YEARS TAXES 1,144,940 0 1,144,940 (121,896) 1,023,044 883,376 PENAL TV AND INTEREST 396318 40 900 437218 139 779) 397 439 326 486 TOTAL 3,359,211 327,890 50,109.941 53.797,042 142,343,778) 11,453,264 12,084,301 .. Includes refunds, write-offs, 496's, etc. NOTE 1: 2007 AND 2006 Interim Instalment months: February and April 2007 AND 2006 Final Instalment months: June and September NOTE 2: Current year taxes open in a negative position because they represent prepaid taxes for the April instalment. 1304 CORPORATION OF THE MUNICIPALITY OF CLARINGTON STATISTICAL INFOHMATION PART "C" for the Second Quarter ofthe Year 2007 Year to Date Tax Certificates 301 480 Number of Properties eligible for Tax Registration (Note 1) 48 (Note 2 Accounts Payable Cheques Issued #083366 to #085005 1,640 3,426 Number of Marriage Licences Issued 99 148 Number of Births Registered 3 7 Number of Deaths/Stillbir1:hs Registered 167 352 Note 1: Only includes those properties whose arrears are greater than $20,000. Note 2: Number of eligible properties for tax registration not applicable for year-to-date comparison. 1305 CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING AS AT JUNE 30, 2007 PART "0" FINANCIAL INVESTMENT INTEREST # OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE GENERAL FUND BMO 1,982,560.00 4.46% 72 2,000,000.00 Aug. 31/07 BMO 994,350.00 4.32% 48 1,000,000.00 Jul. 12/07 BMO 1,977,760.00 4.51% 91 2,000,000.00 Sep. 19/07 BMO 1,977,660.00 4.58% 90 2,000,000.00 Sep. 27/07 BMO 1,985,460.00 4.31% 62 2,000,000.00 Jul. 19/07 TO 1,986,360.00 4.40% 57 2,000,000.00 Aug. 10/07 TO 992,430.00 4.42% 63 1,000,000.00 Aug. 16/07 TO 1,982,920.00 4.43% 71 2,000,000.00 Aug. 24/07 HSBC 992,740.00 4.45% 60 1,000,000.00 Aua.20/07 TOTAL GENERAL FUND ::d~l~7~l~4Qi(jp'::: RESERVE FUND RBC 776,152.23 4.35% 2059 986,467.00 Dec. 1/11 RBC 999,999.54 4.20% 1941 1,244,090.00 Dec. 02/11 RBC * 4,180,000.00 4.00% 365 4,180,000.00 June 30/08 RBC 1,379,343.53 4.65% 2085 1,787,409.00 Dec. 01/08 RBC 739,938.86 3.55% 1704 869,800.00 Oct. 05/09 RBC * 1,500,000.00 4.10% 1827 1,500,000.00 Dec. 06/1 0 RBC 1,681,851.79 4.35% 1827 2,080,894.41 Mar. 06/11 RBC 500,000.00 4.00% 1827 595,239.37 June 21/08 RBC 481,878.00 4.45% 1827 599,072.41 Mar. 04/08 RBC * 970,000.00 4.00% 1102 970,000.00 Mar. 19/08 BMO 1,990,080.00 4.33% 42 2,000,000.00 Jul. 12/07 RBC * 1,480,000.00 4.50% 1096 1,480,000.00 Feb. 10/08 RBC 208,000.00 4.35% 1830 257,351.00 May 12/08 RBC * 550,000.00 4.10% 730 550,000.00 Oct. 14/07 RBC 1,143,285.67 3.80% 1547 1,338,742.00 Dec. 15/08 RBC 733,772.63 3.85% 1980 900,445.00 Jun. 02/10 BMO 1,985,560.00 4.35% 61 2,000,000.00 Jul. 31/07 RBC * 2,061,000.00 4.25% 730 2,061,000.00 Dec. 03/07 RBC 1,500,000.00 5.50% 1694 1,500,000.00 Dec. 20/07 RBC * 906,000.00 4.25% 730 906,000.00 Sep. 29/07 RBC 372,440.00 4.40% 1826 461,912.00 May 28/09 BMO 1,978,120.00 4.34% 93 2,000,000.00 Aug. 23/07 RBC 1,000,000.00 4.45% 1827 1,243,203.49 Aug. 09/07 HSBC 1,984,900.00 4.34% 64 2,000,000.00 Jul. 25/07 RBC 3,796,000.00 4.00% 365 3,796,000.00 Jul. 29/07 RBC 5,094,062.47 4.10% 1578 6,058,590.00 Oct. 1/10 RBC 2,221,742.00 4.30% 1826 2,742,301.29 Sep. 15/11 RBC 2,000,000.00 4.05% 1823 2,439,161.00 Mar. 12/12 RBC 664,993.00 4.25% 1096 753,434.00 Aug. 29/09 HSBC 3,030,287.16 4.33% 91 3,063,000.00 Jul. 23/07 TOTAL RESERVE FUND :::::4190e:40688:: n;H:: ~ :~: .,:.. '~~"':" :;. '..:.~~~ TOTAL INVESTMENTS :::::6~ltan:i$4$!aa: :: * Investment interest paid on a monthly/semi-annual/annual basis 1306 HANDOUTS I CIRCULATIONS FOR GP&A ~ ~ Q)VJ __- r. -/~#~ - Pt- 30) ::1007. The following residents of Wilmot Creek request the Council of the Municipality of CIarington to revise the overall planning of the portion of the ProvinciallMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the" northerly property line of the residential development. NAME .- ~ "'/v'-tJ.. ~ ~~p (~ 'h.~ ~~ -'11l~ ~n1-~ 6~~ < lc Ie.. c:;;5hu(f}S ~ \'- .....~~ . .2~~ -f~~ ~~>6~ ADDRESS , .;" The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the ProvinciallMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. -, It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME~ .~ CZ I!W~ ~/11/k /zr-ff.. H4 A3JY J) Nf f.1 ~ t2. 0 -f ~~CCv-F~ -J~~ \J10 i0M'Z- ~p-.tJ ~ ~ Dof!.&E'tJ 11/ 0 A' rY1 ADDRESS b~ DouGE::.:J C. oo/JEIf NAME ADDRESS . . ' . ,. . . ~. ~ ~~~ 4Jt.4 ~~=OA.<'D C~ A.. \-l.~ ~~ ~y~~. 51-: ~~~ I:'~ ~~ ~ ~:;~ .~~- 6~1J::~~ ?~ - cJi::U )2~/ . ..' The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trai1 by the generalpublic will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fiK:t that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to seemty . It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME AnnR"F~.'i: i{;E-fI 11)1-'/ (.W-11- 1""/#/ ;'?fL IhJ 11. Hif/:7otV fL.' 'Z/f lSd//! c; _ W ItI:_:/()~ KA-;- \ c; ~M,,\ rt"'~t~) ~~ r./f . PAvE GQ..Ai'\lT }-e t'"r. C[ C; f"6:-;b 5'il'tfY YAN J) (_ &'1 ;J/Voy {;19/L I7JEA/c.J KeN' (I Pan! ~vctl p. "-5r?o / / The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. mal(llj.J Q:{t.L I n 1/ ~ ~~d- ~CAn-o/-;:' , ~ ~l..rU.. 'k.\.d.cl ~I"' WaW' J8f!t1~!. ~ /~~ ~9 1AJ.~ ~C~ ~#r ~~~ ~-aZd ~~ The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vuInerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobble dick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME ADDRESS ,'0 f-IY A fS atv' iJoy1.tCW W 0 tJP ~ mc.~h. ~M.> Me.. COM" kJcfMjj:; fJlltVtJ // LO-(,<.-(/7.. LJ{~ ~1rl~~ ~h Da TV Nit C.oo Pr=: f( ~f3~ 6p{~ &.Pct<?T~~ ~V'7 ~c.rl~ {r,:....y-v i!1l."o'",,~ The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the ProvinciallMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the coustruction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (I) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME ADDRESS The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the ProvinciallMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME ADDRESS 4{~ -C. -md4?L/ ~ow-,. )o~ ~~ .~u9Jr ~~~. tW. ~ /b~ P Q.:;: I.A.) . ~~ 3d! .1(Y\-L ~klA.j~Y~ -em ~~Vv .Ff? tv; f? f?E 6 rJ e The following residents of Wilmot Creek request the Council of the Municipality of CIarington to revise the overall planning of the portion of the ProvinciallMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road' as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. ADDRESS tlL .. '-1.Lr..J.1...J 1> ~ ~e/n-~~ _t.-- The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the ProvincialJMunicipal Waterfront Trail that has bee constructed on the Hydro right-of-way irrunediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a "gated community" which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community, populated by a number of single residents, the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard, thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. , ADDRESS , (.r . ,~.~( \~~ R'''' . n.: . _ 1 .l .... . . ., t4/?~ @~..U~" ~~ ~~ .it! \~~ . . 31.Jd/C-i,(-\;\:/J' Brnr;/'/;n O'.'fiW!fi LJ1,/'(.,() f')W' /,,\5":.:(h5 Presentation to Clarington Municipal Council July 30, 2007 By Alexandra L.E. Bennett alex@precautionaryprinciple.ca "Water vapour is the only emission." - Refer to slides "Ontario has the highest standards in the world" - Refer to slides "Europe doesn't landfill." Dr. Ella Stengler goes on to say, "One of the reasons for this continuing dominance could be public reluctance to accept waste-to-energy (WtE) plants as a safe treatment option. Approximately 50 million tonnes of waste is currently thermally treated each year in about 400 WtE plants in Europe. In September 2005, a report by the German Environment Ministry (BMU) stated: ". .. because of stringent regulations waste incineration plants are no longer significant in terms of emissions of dioxins, dust and heavy metals. And this still applies even though waste incineration capacity has almost doubled since 1985." "Total dioxin emissions from all 66 waste incineration plants in Germany has dropped to approx. one thousandth as a consequence of the installation of filter units stipulated by statutory law: from 400 grams to less than 0.5 grams." . . . . . . . . . . . . . . . . . . . . . . . . . . . . /i; ,fer in i'-'<:'ii.'c't {hi erJ1'irolllr,Uff dl'.; f " '/i!/,'~ Hh',' (1:- .Ii: arc !!;r, if~ ,/''.(Fi(,i1-' i;j' '\i,f{.',);}Ji\;, J]Ju/,,/,;','5- fuP!', "i!'i-;r,- i:-!i'! rift;!); -I,;:!;;;;: JUly LY, LUU/ n ~ , , July 29, 2007 Page 2 Isle of Man Incinerator You have seen the Isle of Man Incinerator before. Dave Merriman showed you this facility at the Courtice Public Meeting in April. We were led to believe and indeed Jim McKay of Jacques Whitford stated at this meeting, "We are not incinerator salesmen," to give the impression to members of the public that both consulting fIrms were independent and impartial. As of July 18th of this year, we now know through environmental lawyer, Mark Matheson of Lake Ontario Waterkeeper that Jacques Whitford and Genivar, the retained consultants of York and Durham Region are members of the Canadian Energy-From-Waste Coalition. In Ontario, this coalition registered John Foden of presterjohn inc. to lobby the following provincial government departments: . Members of Provincial Parliament - MPPs . Ministry of Economic Development and Trade . Ministry of Energy . Ministry of Public Infrastructure Renewal . Ministry of the Environment . Office of the Premier and Cabinet . Office of Ontario Power Authority For more information, you can view the Ontario Lobbyist Registration Form. During the Mayor's July 12 presentation, I sat beside Dave Renaud and looked at the slides from the presentation. Facility after facility, it became clear that they all shared one thing in common, which is RAMB0LL. Since April of this year, at every public meeting and every Waste Management Committee meeting and every Regional and Clarington Council meeting the public has been told that the technology has not been selected. When the public asked about Health effects, we were told that the technology has not been selected. Therefore we paid for generic Health Risk assessments from Jacques Whitford. However the Regions of Durham and York, MacViro (now Genivar Consultants) are listed as RAMB0LL's clients. This document is located on RAMB0LL's website and was authored by Nils Christian Holm on December 12, 2006. If you wish to fInd it for yourself, go to www.ramboll.dk and type "waste-to- energy selected references" and click the S0G button (Danish for Search), or go to my website and click the News button. July 29, 2UU7 . , July 29, 2007 Page 3 Green-field Waste-to-Energy Facilities and New Units Selected References Client I location Project Ramboll's main res onsibilities Year RegIons of Canada Durham and York I MacViro Consultants Green-field WtE fadht'1 ::50,000- 400,000 Integration of architectural and technical design; overC'l1l development of the facility; and input during the procurement of the, facility (pre~qllalifi(,atiol' ,~nd tender documents) 1006. 2007 The project is identified as a Green-field Waste-to-Energy facility with a capacity of250,000 to 400,000 tons. RAMB0LL has identified their main responsibilities for this project will include: . Integration of architectural and technical design; . Overall development of the facility; . Input during the procurement of the facility (pre-qualification and tender documents) RAMB0LL is Europe's leading consultant within the field of waste- to-energy. RAMB0LL has in-depth knowledge of all aspects of waste- to-energy projects, including incineration technologies, procurement procedures, plant operation and supervision. Over the years RAMB0LL has been responsible for planning, design, tendering, contracting, supervision and commissioning of a great number of waste- to-energy plants in Europe and Asia, including Sweden, Norway, Demnark, Isle of Man, Portugal, Russia, Egypt, Taiwan, China, the Philippines and India. And now apparently, Clarington. When were residents of Y ork/Durham to be told this information by our elected politicians? If this is new information to this Council and senior staff, I certainly hope you will take the time to find out exactly who authorized hiring RAMB0LL on behalf of York and Durham Regions. For further information, please contact RAMB0LL directly. I include the name of the director for you: Thomas Rand, Director Phone: +45 45 98 86 10 Fax: +45 45 98 85 20 Email: tria1ramboll.dk Thank you for this opportunity to present factual information which has long eluded the public.