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Home My WebLink About10/01/2007 Energizing Ontario GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: October 1, 2007 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of September 17, 2007 301 4. (a) PRESENTATIONS There are no presentations. (b) DELEGATIONS There are no delegations. 5. PUBLIC MEETINGS (a) Application to Amend The Clarington Official Plan 501 Applicant: Arnold Geisberger Report: PSD-110-07 (b) Proposal to Amend the Clarington Official Plan and Zoning By-Law 84-63 503 Report: PSD-111-07 (c) Application to Amend The Clarington By-Law 505 Applicant: John Hinds Report: PSD-112-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - October 1, 2007 6. PLANNING SERVICES DEPARTMENT (a) PSD-110-07 Official Plan Amendment to Permit the Severance of a 601 Dwelling Rendered Surplus as a Result of the Acquisition of a Non-Abutting Farm Property Applicant : Arnold Geisberger (b) PSD-111-07 Proposed Amendments to the Clarington Official Plan and 608 Zoning By-Law for the Clarington Science and Technology Business Park Secondary Plan (c) PSD-112-07 A Day Care Facility at 279 King Avenue E., Newcastle 674 Applicant : John Hinds (d) PSD-113-07 Monitoring of the Decisions of the Committee of 683 Adjustment for the Meeting of September 13, 2007 (e) PSD-114-07 Amendment to Sign By-Law 97-157 to Permit Construction 690 of an Electronic Media Sign on an Existing Pylon Sign Applicant : Country Signs (on behalf of Canadian Tire) (f) PSD-115-07 Application for Removal of Part Lot Control 696 Applicant : Vermont Village Homes Limited Napa Valley— Phase IV (g) PSD-116-07 Newcastle Village Community Improvement Plan Study 699003 Update 7. ENGINEERING SERVICES DEPARTMENT No Reports 8. OPERATIONS DEPARTMENT No Reports 9. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-013-07 Occupancy Load — Council Chambers 901 10. COMMUNITY SERVICES DEPARTMENT No Reports G.P. & A. Agenda - 3 - October 1, 2007 11 . CLERK'S DEPARTMENT (a) CLD-032-07 Animal Services Quarterly Report — April to June 2007 1101 12. CORPORATE SERVICES DEPARTMENT (a) COD-053-07 Update on 2007 Corporate (Newspaper) Advertising 1201 Program (b) COD-054-07 Pay Equity Phase 2 — Change of Consultant 1211 (c) COD-055-07 CL2007-45 Courtice Skateboard Park 1222 13. FINANCE DEPARTMENT No Reports 14. CHIEF ADMINISTRATIVE OFFICE No Reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS (a) Report of the Solicitor -Confidential Legal Matter (Distributed under separate cover) 17. ADJOURNMENT Clarington Leading the Way General Purpose and Administration Committee Minutes September 17, 2007 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, September 17, 2007 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Absent Were: Councillor W. Woo - due to personal matter. Also Present: Chief Administrative Officer, F. Wu (until 1:20 p.m.) Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Manager of Special Projects, F. Langmaid Director of Operations, F. Horvath Director of Corporate Services, M. Marano Deputy Treasurer, L. Gordon Fire Chief, Emergency Services, G. Weir Deputy Clerk, A. Greentree Clerk II, E. Atkinson Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be stating a pecuniary interest with respect to Report PSD-107-07. Councillor Novak indicated that she would be stating a pecuniary interest with respect to the delegation of Delbert Grills. Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Report CLD-031-07. 301 General Purpose and Administration Committee Minutes September 17, 2007 MINUTES Resolution #GPA-532-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the General Purpose and Administration Committee minutes of the regular meeting held on September 4, 2007, be approved. CARRIED PRESENTATIONS There are no presentations. DELEGATIONS Delbert Grills was called but was not present. Frank Lockhart provided the Committee an update on Valleys 2000. Mr. Lockhart stated the improvements to the trails that the volunteers have done have been possible through donations made by various companies. He thanked the Municipality for the staff support and the covering of the insurance. He was pleased to see the public take more ownership over the trails. Mr. Lockhart informed the Committee that a Master Plan was developed and that it was adopted in principle. He stated the major components involved with maintaining the trails are time and energy. The Soper Creek area is in very bad shape and needs a lot of work, trees need to be removed and new trees planted, anti-erosion on streams and the fish ladder need to be replaced; some of which has already begun. Resolution #GPA-533-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the Rules of Procedures be waived to permit Mr. Lockhart to continue with his delegation beyond the 10 minute limit. CARRIED Mr. Lockhart concluded by stating that the trails still need work and the fish ladder will be expensive to replace and would appreciate assistance with the costs. He would like to have the improvements completed in time for the Bowmanville 150th Celebrations. - 2 - 302 General Purpose and Administration Committee Minutes September 17, 2007 Mike Patrick addressed the Committee regarding the relationship between the Municipality of Clarington and the Clarington Board of Trade. Mr. Patrick gave a brief history of the Board of Trade and advised the Committee that every major employer has had members on the Board, volunteerism is up, and the business atmosphere is healthy and positive. He also described the role that Council has had; being setting of the overall policies and direction as well as support at functions held by the Board of Trade. Mr. Patrick stated that reporting needs to be more frequent and standardized. It will now be quarterly reporting and they will prepare a success report as well as an activity report showing plans for the following quarter. He thanked the staff for all the support and asked that the Committee give direction to the CAO to negotiate for a new contract between the Board of Trade and the Municipality of Clarington. Doug Bickle spoke to the Committee requesting an extension on a Zoning Compliance letter that he received from the Municipal Law Enforcement Division. The letter stated that he had until September 20, 2007 to comply. He received an extension on this and the date was moved to November 1, 2007. Mr. Bickle said this extension still does not provide him enough time to relocate his business. He would prefer not to rezone his property. Mr. Bickle requested a further 365 day extension. Ross Smith addressed the Committee on behalf of the West Beach Residents Association. Mr. Smith advised the Committee that there are currently ten cottages in the West Beach area, of which three are used year round and the remaining seven are seasonal. There are currently thirteen derelict buildings and he would like to see these removed. Mr. Smith would like to know what the time frame is for the completion of the development of the waterfront park. He asked that the Committee recommend that the current cottages remain until the park is developed. He feels this is a fair, reasonable and moral request. Mr. Smith distributed booklets highlighting the West Beach history. Jaison Gibson addressed the Committee regarding the development in the Aspen Springs neighourhood. Mr. Gibson stated that he enjoys the country living and would like to see his children enjoy the country aspects just as much as he did when he was young. He feels the houses that are currently being erected are of substandard quality and there are too many of them in one area. Mr. Gibson said it is hard and unsafe to raise a family in a construction zone. He would like to see the development of housing in the Clarington area slowed down. Wendy Bracken addressed the Committee regarding concerns she has pertaining to Report PSD-097-07 considered by the Committee on September 4, 2007. She has concerns with the fourth recommendation, requesting the Durham Region to provide reports that were promised but were not supplied, as well as concerns with the site selection. She would like for the Committee to ask that the Region of Durham not release their report of the preferred site until all of the missing reports are reviewed, and that the Committee make this request forthwith so it will be included on the Region's agenda for the September 19th meeting. Ms. Bracken expressed concerns over the possibility of an oversized facility. Ms. Bracken requested Council ensure that a 24/7 monitoring be in place to monitor all the criteria air pollutants, heavy metal, dioxins, - 3 - 303 General Purpose and Administration Committee Minutes September 17, 2007 furans and other possible toxins of concern. She asked that the Committee keep in mind the petition submitted by Dr. Debra Jefferson with signatures from 16 physicians asking the Council to not be a willing host to an incineration facility. Ms. Bracken requested that the redline version of Report PSD-093-07 be made available forthwith. AGENDA ALTERATIONS Resolution #GPA-534-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the Agenda be altered to add Shirley Crago to the list of delegations. CARRIED Shirley Crago was called but was not present. Councillor Novak chaired this portion of the Meeting. PUBLIC MEETING (a) Subject: Application to Amend The Clarington Official Plan and Zoning By-Law Applicant: ADESA Auction Canada Corp. (Impact Auto Auction) Report: PSD-104-07 Susan Ashton, Planner, Planning Services Department provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-104-07. Mr. Dean Jowitt, resident of Courtice spoke in opposition to the application contained in Report PSD-104-07. He is concerned that the proposed use will decrease his property value. Mr. Jowitt would like to know how this commercial activity will affect the standard of living in the area and the water table. He expressed concerns over the increase in traffic. Mr. Jowitt would like to see extra landscaping to hide the cars that are parked at the site and to provide privacy for the homes around the site. Mr. Martin Brown spoke in opposition to the application contained in Report PSD-104-07. His family owns 20 acres in the area and has concerns regarding the road allowance and storm water management area. He envisioned industrial units. He is concerned that the proposed east/west road will run through his property, creating an unusable portion of land. Mr. Brown expressed concerns in regards to the housekeeping of the area, and questioned if cars would be dropped off at night and left outside of the gates. - 4 - 304 General Purpose and Administration Committee Minutes September 17, 2007 Lynne Meikle, a Courtice resident, spoke in opposition to the application contained in Report PSD-104-07. Ms. Meikle has concerns regarding the increase in traffic. She stated that the road damage done when the road was used as a detour, during the bridge rehabilitation, has still not be addressed. No one spoke in support of Report PSD-094-07. Resolution GPA #535-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT the Committee recess for 5 minutes. CARRIED Meeting resumed at 11:25 a.m. Terry Daniels and Valerie Cranmer, ADESA Auction Canada Corp were present on behalf of the Applicant to answer any questions. Mr. Daniels provided the Committee with a description of ADESA and their business. He reported that 50 employment opportunities will be created from this venture. Mr. Daniels advised the Committee that the auctions would be held one day a week starting in the morning and ending in the afternoon. The auctions will move approximately 500 vehicles a day, of which 2/3 will be sold via the internet and no vehicles will be left outside the gate. Deliveries will have access to the gate 24 hours a day. He advised the Committee that the company supports local communities and charities. Ms. Cranmer walked the Committee through a more detailed description of what the site would look like and how it would function. She advised the Committee that the storm water management system will be engineered to contain any contaminents that may leak from the vehicles. The road has not been finalized. Ms. Cranmer stated that the site will have extensive landscaping and burms to hide the cars that will be parked on the site and fencing will be installed behind the trees for security. Ms. Cranmer confirmed that 26% of the site is designated as open space, 3% for buildings and roadways and the remaining 71% for parking of the vehicles. Resolution #GPA 536-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT Mr. Mark Ulrich be permitted to address the Committee. CARRIED Mr. Ulrich sought and received confirmation that the proposed use will include both drive through and impact auction vehicles. He is concerned with the environmental impact of the storing of impact vehicles. Mr. Ulrich raised concerns with the proposed route on Trulls Road South as the railway crossing will most likely be an impediment. - 5 - 305 General Purpose and Administration Committee Minutes September 17, 2007 Councillor Novak noted that correspondence was received by Freeman Planning Solutions Inc. concerning Report PSD-104-07. (b) Subject: Application to Amend the Clarington Official Plan and Zoning By-Law Applicant: 1276467 Ontario Limited Report: PSD-105-07 Richard Holy, Senior Planner, Planning Services Department provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-105-07. Libby Racansky spoke in opposition to the application contained in Report PSD-105-07. Ms. Racansky feels that the proposed plan does not adhere to the Provincial Growth Plan. Ms. Racansky believes the proposed plans call for a large parking lot, new and expensive roads that would encourage driving and undermine transit investments. The plan will disturb the surrounding natural habit. She would like to see a development plan which is pedestrian friendly, compact, and transit supportive. Susan Rodesky, an area resident, spoke in opposition to the application contained in Report PSD-105-07. Ms. Rodesky stated they have horrendous traffic problems now and is concerned with the anticipated increase in traffic and the lack of sidewalks. Charles Mellon, an area resident, spoke in opposition to the application contained in Report PSD-105-07. Mr. Mellon is opposed to the construction of a highrise building in the area as it will shadow the valley. Robert Lenny, a resident of Courtice, spoke in opposition to the application contained in Report PSD-105-07. Mr. Lenny has concerns with the anticipated traffic volumes. When he moved to the area he thought he was moving to a quiet street. He believes the new developement will be a nightmare for the residents already living in the area. Alison Gorham, a resident of Courtice, spoke in opposition to the application contained in Report PSD-105-07. Ms. Gorham moved to the area in 2005 believing it would be a quite neighbourhood. She never thought she would be see apartment buildings being developed nearby. She expressed concerns in regards to traffic congestion and the lack of sidewalks. Ms. Gorham would like to see all key elements of the Provincial Growth Plan in place. Terry Dowdle spoke in opposition to the application contained in Report PSD-105-07. Mr. Dowdle has lived in the area for 13 years. He has young children and has concerns with existing traffic volumes. Mr. Dowdle has seen an increase in traffic over the past few years and is afraid that the new apartment buildings will double the volume. Mr. Dowdle enquired as to whether or not a traffic study had been conducted. 6 306 General Purpose and Administration Committee Minutes September 17, 2007 Jean Maraffy, an area resident, spoke in opposition to the application contained in Report PSD-105-07. Ms. Maraffy has lived in the area for 45 years. She expressed concerns regarding traffic and the speed at which the traffic travels on Darlington Boulevard. David McFadyen, a concerned area resident, spoke in opposition to the application contained in Report PSD-105-07. Mr. McFadyen expressed concerns regarding the effects the proposed increase in population will have on Emergency Services, and enquired as to whether a study had been conducted on the possible effects. Linda Egerton spoke in opposition to the application contained in Report PSD-105-07. Ms. Egerton expessed concerns regarding the impact the proposed site will have on the area septic systems. She expressed concerns regarding existing traffic grid lock at Highway 2 and Darlington Blvd. Gordon Perry spoke in opposition to the application contained in Report PSD-105-07. Mr. Perry moved to the area because of the open space. He has concerns regarding the increase in traffic and reduction of green space. Mr. Perry indicated that his 50ft lot is not included on the plans and he is concerned that the new building will only be four feet from his property line. He is especially opposed to the proposed site of the new road. Sheila Constanzi, an area resident, spoke in opposition to the application contained in Report PSD-105-07. She expressed concerns regarding the size of the storm water pond and questioned whether the new building is compatible with the Neighbourhood Plan. Ms. Constanzi stated the increase in population may result in an increase in vandalism and will definitely have an impact on traffic. Ms. Constanzi stated that the area is considered to be a gateway to the Municipality of Caarington and she is concerned this proposal will negatively impact the greenbelt. Roman Zydownyk, a resident of Courtice for over 17 years, spoke in opposition to the application contained in Report PSD-105-07. He stated there should be no developement allowed at the expense of the public. Mr. Zydownyk feels that the growth always seems to be around the greenbelt areas. He expressed concerns regarding the increase in traffic. He would like to see staff have more consideration to Highway 401 access when looking at proposals and he is looking forward to the next open house. Christine Raby, an area resident, spoke in opposition to the application contained in Report PSD-105-07. She would like to have speed bumps or some other means of traffic calming installed on the roadway. She expressed concerns over the increase in traffic. Debra Miles, a Courtice resident, spoke in opposition to the application contained in Report PSD-105-07. She has concerns regarding the increase in traffic and vandalism. Ms. Miles feels that an apartment building is inappropriate for the area as there are not many amenities in Courtice. - 7 - 307 General Purpose and Administration Committee Minutes September 17, 2007 Marilyn Jones spoke in opposition to the application contained in Report PSD-105-07. She has lived in the area for 26 years and would not like to see the area turn into a development owned by absentee landlords. Gordon Barker, a local resident, spoke in support of the application contained in Report PSD-105-07. Mr. Baker stated that more homes will be built and he likes the idea of the apartment building. It will offer the seniors a place to live and stay in the area. He likes the proposed roadway location because it will ensure the development will not be landlocked. Mr. Murray Evans, the applicant, was present to address the questions and concerns raised at the Public Meeting. Mr. Evans described the look and the proposed location of the building. He informed the Committee there will be access onto Darlington Blvdas well as two alternate access routes. Mr. Evans stated that a infiltration study had be conducted and the outcome was one car per minute through the existing subdivison. Mr. Evans explained why they believe the proposed development supports the Provincial Growth Plan. He advised the Committee that with the increase in population, bus service could be brought to the area sooner. Resolution #GPA-537-07 Moved by Mayor Abernethy, seconded by Councillor Foster THAT the Committee recess for 30 minutes. CARRIED The meeting resumed at 1:50 p.m. (c) Subject: Application to Amend The Zoning By-Law 84-63 Applicant: V. Bowen, A. Bowen and M. Watson Report: PSD-106-07 Janaka Wijesundara, Planner, Planning Services Department, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-106-07. No one spoke in opposition to or support of Report PSD-106-07. Mr. Kevin Duguay, planning consultant for the applicants was in attendance. He reported modest painting and regrading will be done along with landscaping. (d) Subject: Amendment to Development Charges By-Law 2005-108 Report: Addendum to Report FND 014-07 No one spoke in opposition to or support of Addendum to Report FND-014-07. - 8 - 308 General Purpose and Administration Committee Minutes September 17, 2007 PLANNING SERVICES DEPARTMENT APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY- LAW TO PERMIT AN INCREASE IN OUTDOOR STORAGE FOR AN INDUSTRIAL (AUTO AUCTION) USE APPLICANT: ADESA IMPACT AUTO AUCTION CANADA CORP. (IMPACT AUTO AUCTION) Resolution #GPA-538-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-104-07 be received; THAT the applications to amend the Clarington Official Plan and Zoning By-law 84-63 submitted by ADESA Impact Auto Auction Canada Corp. (Impact Auto Auction) be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-104-07 and any delegation be advised of Council's decision. CARRIED APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY- LAW BY 1276467 ONTARIO LIMITED TO PERMIT APARTMENT AND TOWNHOUSE USES, REMOVE THE NEIGHBOURHOOD PARK SYMBOL, AND PERMIT ADDITIONAL COMMERCIAL PARKING FOR LANDS FRONTING DURHAM HIGHWAY 2 Resolution #GPA-539-07 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-105-07 be received; THAT the application submitted by 1276467 Ontario Limited be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding information and agency comments; THAT a copy of Report PSD-105-07 and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-105-07 and any delegations be advised of Council's decision. CARRIED - 9 - 309 General Purpose and Administration Committee Minutes September 17, 2007 PERSONAL SERVICE SHOP APPLICANT: V. BOWEN, A. BOWEN AND M. WATSON Resolution #GPA-540-07 Moved by Councillor Hooper, seconded by Mayor Abernethy THAT Report PSD-106-07 be received; THAT the application for Zoning By-law Amendment (ZBA 2007-0025), submitted by V. Bowen, A. Bowen and M. Watson to change the zone category of .33 ha parcel of land from "Residential Hamlet (RH) Zone" to "Residential Hamlet Exception (RH-26) Zone" to permit a personal service shop and that the By-law contained in Report PSD-106-07 (attachment 2) be approved; and THAT all interested parties listed in Report PSD-106-07 and any delegations be advised of Council's decision. CARRIED Councillor Hooper stated a pecuniary interest with respect to Report PSD-107-07 as he was the former Chair of the Bowmanville Business Improvement Area and he was involved the negotiations. Councillor Hooper refrained from discussions and voting on this matter. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: HALLOWAY HOLDINGS LIMITED Resolution #GPA-541-07 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report PSD-107-07 be received; THAT the application submitted by Halloway Holdings Limited to remove the Holding (H) symbol be approved for a portion of Part 23 on Reference Plan 40R-24257; THAT the by-law attached to Report PSD-107-07 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-107-07 and any delegations be advised of Council's decision. CARRIED - 10 - 310 General Purpose and Administration Committee Minutes September 17, 2007 A MINOR VARIANCE TO SIGN BY-LAW APPLICANT: GERR HOLDINGS LIMITED Resolution #GPA-542-07 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report PSD-108-07 be received; THAT the application for a minor variance to the Clarington Sign By-law 97-157 (SVA 2007-0002), submitted by Joe Gerrits to permit three signs having a maximum sign area of 3.5 sq. m. (2.54m X 1.39m) each attached onto two elevated wall sections at the east and west end of the existing building located at 219 King Street East in Bowmanville to be used by the tenants of any unit of the building be approved; and THAT all interested parties listed in Report PSD-108-07 and any delegations be advised of Council's decision. CARRIED PARKING OF RECREATIONAL VEHICLES ON RESIDENTIAL PROPERTY Resolution #GPA-543-07 Moved by Mayor Aberthey, seconded by Councillor Hooper THAT Report PSD-109-07 be received; THAT staff proceed with option 9; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-109-07 and Council's decision; and THAT all interested parties listed in Report PSD-109-07 and any delegations be advised of Council's decision. CARRIED - 11 - 311 General Purpose and Administration Committee Minutes September 17, 2007 Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST, 2007. Resolution #GPA-544-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report EGD-051-07 be received for information. CARRIED LICENSE AGREEMENT BETWEEN HYDRO ONE AND MUNICIPALITY OF CLARINGTON FOR THE USE OF AN UNOPEN ROAD ALLOWANCE TO HYDRO ONE LANDS Resolution #GPA-545-07 Moved by Councillor Hooper, seconded by Mayor Abernethy THAT Report EGD-052-07 be received; THAT in the event that the West Townline Road site ultimately is chosen as the preferred site for the proposed Hydro One transformer station, the license agreement for access purposes be entered into with Hydro One for the use of an unopen road allowance north of Concession Road 7 on West Townline Road, former Darlington Township; THAT By-laws authorizing the Mayor and Clerk to execute the agreement for the above noted license be adopted; THAT Council authorize staff and the Municipal Solicitor to take all necessary steps to finalize this license agreement; and THAT all interested parties listed in Report EGD-052-07 and any delegations be advised of Council's decision. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. - 12 - 312 General Purpose and Administration Committee Minutes September 17, 2007 Mayor Abernethy chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT AGREEMENT - E9-1-1 P.E.R.S. UPDATED TELEPHONE SYSTEM POLICY AND PROCEDURE MANUAL Resolution #GPA-546-07 Moved by Councillor Foster, seconded by Councillor Trim THAT Report ESD-011-07 be received; THAT the Agreement for the up-dated E9-1-1-P.E.R.S. Telephone System, Policy and Procedure Manual (copy attached to Report ESD-011-07) be approved; and THAT the Regional Clerk be advised of Council's decision. CARRIED MONTHLY RESPONSE REPORT — JUNE, JULY AND AUGUST 2007 Resolution #GPA-547-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report ESD-012-07 be received for information. CARRIED Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT MUNICIPAL GRANT REVIEW Resolution #GPA-548-07 Moved by Mayor Abernethy, seconded by Councillor Novak THAT Report CSD-014-07 be received; and THAT the revised Municipal Grant Application form and Policy Report CSD-014-07 be approved. CARRIED - 13 - 313 General Purpose and Administration Committee Minutes September 17, 2007 UPDATE ON WORLD RECORD WALK — October 3, 2007 Resolution #GPA-549-07 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report CSD-015-07 be received; and THAT the Mayor, on behalf of Council, sign and support the International Charter for Walking. CARRIED Councillor Hooper chaired this portion of the meeting CLERK'S DEPARTMENT Mayor Abernethy stated a pecuniary interest with respect to Report CLD-031-07. Mayor Abernethy refrained from discussions and voting on this matter. COMPLIANCE AUDIT — JOHN MUTTON Resolution #GPA-550-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report CLD-031-07 be received; and THAT the appointment of James Horn, Horn Almond Chartered Accountants, to complete the compliance audit of John Mutton be reconfirmed. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT QUOTATION Q2007-18 SUPPLY & INSTALLATION OF STAND-BY GENERATOR Resolution #GPA-551-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report COD-048-07 be received; - 14 - 31 4 General Purpose and Administration Committee Minutes September 17, 2007 THAT T & T Diesel Power Ltd., Georgetown, Ontario with a total bid in the amount of $40,050.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Quotation Q2007-18, be awarded the contract for the Supply and installation of the Stand-By Generator at Station #4, Courtice, as required by the Emergency Services Department; and THAT the total funds required be drawn from the Emergency Services Capital Account #110-28-370-82832-7401 with the $50.00 shortfall to be funded from the Fire Equipment Reserve Fund. CARRIED CL2007-20 STEVENS ROAD EXTENSION Resolution #GPA-552-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-049-07 be received; THAT Boyle Excavating Ltd., Bowmanville, Ontario with a total bid in the amount of $1,021,664.20 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2007-20 be awarded the contract for Stevens Road Extension as required by the Engineering Department; THAT funds required in the amount of $1,315,000.00 (which includes $1,021,664.20 tendering, consulting and contingencies) be drawn from Engineering Capital Account #110-32-330-83296-7401 ; and THAT the By-law attached to Report COD-049-07, marked Schedule "A", authorizing the Mayor and the Clerk to execute the necessary agreement be approved, forthwith. CARRIED CL2007-44 4th FLOOR RENOVATION — MUNICIPAL ADMINISTRATIVE CENTRE Resolution #GPA-553-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report COD-051-07 be received; THAT Nubuild Construction Ltd., Concord, Ontario with a total bid in the amount of $104,954.55 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specification of Tender CL2007-44 be awarded the contract for the 4th Floor Renovations as required by the Operations Department; and - 15 - 315 General Purpose and Administration Committee Minutes September 17, 2007 THAT funds required in the amount of$120,000.00 (which includes $104,954.55 tendering, consulting and contingencies) be drawn from 2007 Operations Capital Account #110-36-370-83601-7401. CARRIED CL2007-35 SUPPLY, DELIVERY AND INSTALLATION OF GAS FURNACES Resolution #GPA-554-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report COD-052-07 be received; and THAT the contract awarded to Vic's Mechanical Contracting, Toronto, Ontario as recommended in report COD-046-07 be endorsed and the contractor be advised to proceed, forthwith. CARRIED FINANCE DEPARTMENT DEVELOPMENT CHARGES BY-LAW AMENDMENT: MAJOR OFFICE BUILDINGS IN SCIENCE AND ENERGY PARKS Resolution #GPA-555-07 Moved by Councillor Novak, seconded by Councillor Trim THAT the Addendum to Report FND-014-07 be received; THAT based on a review of S10(2) of the Development Charges Act, there is no need to alter or amend the Development Charges Background Study, May 2005, prepared by Hemson Consulting Ltd.; THAT the proposed modification to the Development Charges By-Law be deemed to be minor and consistent with the intent of the amendment to the By-law considered at the statutory public meeting and further that no additional public meeting to consider the amendment is required; THAT the exemption provided for in the amendment to the By-Law be effective on September 24, 2007; and THAT the By-Law attached to Addendum to Report FND-014-07 amending the y Development Charges By-Law 2005-108 approved. CARRIED - 16 - 31 6 General Purpose and Administration Committee Minutes September 17, 2007 MUNICIPAL PERFORMANCE MEASURES PROGRAM - 2006 Resolution #GPA-556-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report FND-017-07 be received for information. CARRIED CHIEF ADMINISTRATIVE OFFICE There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS DELEGATION — FRANK LOCKHART, VALLEYS 2000 UPDATE Resolution #GPA-557-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the delegation of Mr. Frank Lockhart be referred to the Director of Finance and the Director of Operations. CARRIED DELEGATION — MICHAEL PATRICK, CLARINGTON BOARD OF TRADE, UPDATE ON ECONOMIC DEVELOPMENT Resolution #GPA-558-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the delegation of Mr. Michael Patrick be received with thanks. CARRIED DELEGATION — DOUG BICKLE, REQUESTING AN EXTENSION ON ZONING COMPLIANCE Resolution #GPA-559-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Mr. Doug Bickle be granted an extension for compliance to July 27, 2008; being one year from the date of receipt of the original complaint. CARRIED - 17 - 317 General Purpose and Administration Committee Minutes September 17, 2007 DELEGATION — ROSS SMITH, THE WEST BEACH ASSOCIATION, REGARDING THE WEST BEACH LANDS Resolution #GPA-560-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the delegation of Mr. Ross Smith be referred to staff. CARRIED DELEGATION — JAISON GIBSON, DEVELOPEMENT ISSUES IN ASPEN SPRINGS Resolution #GPA-561-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the delegation of Mr. Jaison Gibson be received with thanks. CARRIED DELEGATION — WENDY BRACKEN, DURHAMIYORK RESIDUAL WASTE EA Resolution #GPA-562-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the delegation of Ms. Wendy Bracken be received with thanks. CARRIED OTHER BUSINESS TRANSIT SERVICE FOR BOWMANVILLE APPLE FESTIVAL Resolution #GPA-563-07 Moved by Councillor Hooper, seconded by Councillor Trim WHEREAS the Council of the Municipality of Clarington recognizes that the Bowmanville Apple Festival is an important annual community event; AND WHEREAS this event draws thousands of visitors to the Bowmanville area, this year on October 13, 2007; AND WHEREAS the Bowmanville BIA has asked if it would be possible for the Municipality to provide free half hour transit service, rather than paid hourly service on the day of the festival, Saturday, October 13, 2007; - 18 - 318 General Purpose and Administration Committee Minutes September 17, 2007 AND WHEREAS construction works on the King Street bridge have resulted in the closure of one eastbound land and one westbound lane; AND WHEREAS free half hour transit service to the festivities may significantly improve traffic flow and parking availability in the downtown Bowmanville core during the event; AND WHEREAS the Staff of the Engineering Services Department has investigated the possibility; AND WHEREAS the provision of this service can be provided for by expanding the two existing Clarington Transit service routes, at an additional cost of approximately nineteen hundred dollars ($1900); NOW THEREFORE BE IT RESOLVED THAT the Engineering Service Department be directed to make the necessary arrangements for free half hour transit service for the Bowmanville Apple Fest and to charge the cost of this service to the Unclassified Administration Contingency Account (100-21-211-00000-7298) at an estimated value of $1900.00, forthwith. CARRIED REPORT PSD-097-07 — RELEASE OF RED-LINE VERSION Resolution #GPA-564-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the red-line version of Report PSD-097-07 be made available to the public. CARRIED ENERGY FROM WASTE CLARIFICATION FROM REGION OF DURHAM Resolution #GPA-565-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Municipality of Clarington request of Durham Region a clear understanding of the ramifications of Clarington declaring itself as a non-willing host. MOTION LOST - 19 - 319 General Purpose and Administration Committee Minutes September 17, 2007 Resolution #GPA-566-07 Moved by Councillor Foster, seconded by Councillor Trim THAT the meeting be "closed" to consider a confidential Legal Matter previously tabled at the July 30, 2007 meeting of Council. CARRIED The meeting reconvened in "opened" session at 5:04 p.m. RATIFY ACTIONS Resolution #GPA-567-07 THAT the actions taken in "closed" session be ratified. CARRIED ADJOURNMENT Resolution #GPA-568-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the meeting adjourn at 5:05 p.m. CARRIED MAYOR DEPUTY CLERK - 20 - 320 PUBLIC MEETING REPORT # PSD-110-07 CORPORATION OF THE ARNOLD GEISBERGER MUNICIPALITY OF CLARINGTON Leading the Way NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: ARNOLD GEISBERGER AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment under Section 17 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed amendment to the Clarington Official Plan would permit the severance of a dwelling rendered surplus as a result of the acquisition of a non-abutting farm property. The subject property is located at Part Lots 33, 34, 35, Concession 6, former Township of Darlington, municipal address 6493 Leask Road(as shown on reverse). Planning File Nos.: COPA 2007-0008 Related Planning File Nos: ROPA 2007-0005 PUBLIC :REETING 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,October 1, 2007 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public meeting on this application you can make a deputation to C^u.ncil at their meeting on Monday, October 15, 2007, commencing at 7:00 p.m. Should you wish to appear before Council,you must register with the Clerks Department by the Wednesday noon, October 10, 2007 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to be notified of subsequent meetings or the adoption of the proposed official plan, official plan amendment, or of the refusal of a request to amend the official plan, you must make a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Glen Ferguson at(905)623-3379 extension 327 or by e-mail at ciferguson(1clarington.net. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality, of Clarington Planning Services Department before the proposed official plan or official plan amendment is adopted, the person or public body is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed official plan or official plan amendment is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. Dated at the M9 ty of Clarington this 28`h day of August, 2007. David Crome, M.C.I.P.,R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1C 3A6 501 cn 0 N Property Location Map(Former Darlington Twp.) I I CON 10 R AG 8 13 I E I 1 O I I = I dI II I I � I III 11� I 0 c�v II 5) 4 ` I I W m J U CO EE-31 ION RO 6 Cu LANDS TO BE II 1 o RETAINED II I 1 -0 I 0 " o I 34 O II I n LANDS TO BE I o Y RETAINED I � W J I I = LANDS TO BE t- SIEVERED Oz COPA 2007-0008 oClarington Officlal Plan Amendment W z z CONCESSION ROAD 6 Owner: Arnold Geisberger PUBLIC MEETING CORPORATION OF THE REPORT # PSD-111-07 ,l MUNICIPALITY OF CLARINGTON MUNICIPALITY of CLARINGTON fL 1 NOTICE OF PUBLIC MEETING Leading rite R'ay CLARINGTON SCIENCE AND TECHNOLOGY BUSINESS PARK PROPOSAL TO AMEND THE CLARINGTON OFFICAL PLAN AND ZONING BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment and Zoning By-law Amendment,under Sections 17 and 34 of the Planning Act, 1990,as amended. PROPOSAL DETAILS The Municipality of Clarington is proposing amendments to the Clarington Official Plan and Clarington Comprehensive Zoning By-law to support the development of a Science and Technology Business Park. The Official Plan amendments will provide the planning framework, urban design principles, land use, regulations and mapping that will support the creation of a business park through: 1) the redesignation of the lands shown as the Clarington Science and Technology Park on the map below as a"Business Park"in the Official Plan; ii)the inclusion of a new Secondary Plan for the lands shown as the Clarington Science and Technology Park below;iii)the identification of a Special Study Area along the south limit of Highway 2 reflecting the need for further work to implement the Regional Corridor designation in the Durham Regional Official Plan; iv) realigning certain collector roads; and v) the identification of the East Bowmanville Industrial Area as a Community Improvement Area. The proposed Zoning By- law Amendment would implement the proposed land use and urban design principles contained in the Clarington Science and Technology Business Park Secondary Plan. The subject lands are located in part of Lots 5,6,7,8 and 9,Broken Front Concession and Concession 1 in the former Township of Darlington,as shown on reverse. Planning File Nos.:COPA 2007-0011 and ZBA 2007-0036 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 proposal. The public meeting will be held on: DATE: Monday,October 1,2007 TIME: 9:30 am. PLACE: Council Chambers,2nd Floor,Municipal Administrative Centre, 40 Temperance St.,Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above.reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, October 15, 2007, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, October 10,2007 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or If you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan and approval of the Zoning By-law Amendment, you must submit a written request to the Clerk's Department,2n°Floor,40 Temperance Street,Bowmanville,Ontario L1C 3A6. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. at the Planning Services Department, TO Floor, 40 Temperance Street, Bowmanville,Ontario L1C 3A6,or by calling Dean Jacobs, Community Planning & Design branch at (905) 623-3379 extension 211 or by e-mail at di acobs(cDclarinoton.net or techpark @clarington.net. APPEAL If a person or public body does not make oral submissions at a Public Meeting or make written submissions to the Municipality of Clarington, Planning Services Department, before the proposed Zoning by-law or Zoning by-law Amendment is approved,the person or public body is not entitled to appeal the decision of the Clarington Council to Ontario Municipal Board. If a person or public body does not make oral submissions at the Public Meeting or make written submissions to the Municipality of Clarington before the proposed Zoning by-law or Zoning By-law Amendment is approved, the person or public body may not be added as a party to the Hearing of an Appeal before the Ontario Municipal Board unless, the opinion of the Board,there are reasonable grounds to add the person or public body as a party. Daeea a ii Nclpallty or Glarinoton this 5V'day of 5eptemocr,7007. Davv"I Gfom .,R.P.P. 40 Temperance Street Direelar of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 ®n.�c�arrn��+w�recn¢esr�r�eimws�aaia ,¢�®Rmcaa¢�a�en,-asssx��,r,�va��rfi��v�� Q• CORPORATION OF THE 07 PUBLIC MEETING Clarin2ton MUNICIPALITY OF CLARINGTON SEPO� �I REPORT # PSD-112-07 Leading the way NOTICE OF PUBLIC MEETING JOHN HINDS DEVELOPMENT APPLICATION BY: John Hinds AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by John Hinds would change the zone category of.0833 ha parcel of land from "Residential (R1) Zone" to permit a Day Care Facility. The subject property is located in Part Lots 27, Concessions 1, former township of Clarke, at 279 King Avenue E, Newcastle as shown on reverse. Planning File Nos.: ZBA 2007-0037 Related Planning File Nos: SPA 2007-0037 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, October 1, 2007 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday October 8, 2007, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, October 3, 2007 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law, Zoning By-law Amendment, or of the refusal of a request to amend the Zoning By-law, you must make a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Janaka Wijesundara at(905)623-3379 extension 421 or by e-mail at jwiiesundara(d-)clarington.net APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington Planning Services Department before the proposed Zoning By-law Amendment is approved, the person or public body is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed Zoning By-law Amendment is approved, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. Dated a Municipality of Clarington this 5th day of September, 2007. David ome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1C 3A6 505 cn O O7 Property Location Map(Newcastle) KING AVENUE EAST '\ "e4 OATLEY &so Of a CH ALL , rIlyD1t 1 o KING AVENUE EAST a � -- era I e Z�6 HARMER DRIVE rj Ld ' -Ne, ice . ..P00� dli N Y BLOOM o � 12 c D CAKING DRIVE �N d x ' w Vj 3 F+n el 7. Z e-b ewl Teo n 'f Fes, "�'>� 4 , ^I g 2ir+ 7 ZBA 2007-0037 AMENDMENT zo .v3 M= ZONING BY-LAW Owner: John Hinds • arm n Leadin g y the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 1, 2007 Report #: PSD-110-07 File #: COPA 2007-0008 By-law#: ROPA 2007-0005 Subject: OFFICIAL PLAN AMENDMENT TO PERMIT THE SEVERANCE OF A DWELLING RENDERED SURPLUS AS A RESULT OF THE ACQUISITION OF A NON-ABUTTING FARM PROPERTY. APPLICANT: ARNOLD GEISBERGER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-110-07 be received; 2. THAT the application to amend the Clarington Official Plan to permit the severance of a dwelling rendered surplus as a result of the Applicant acquiring a non-abutting farm property be referred back to Staff for further processing; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: ----' Davi . Crome, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer 24 Sept. 2004 GF*DJC*sn CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-110-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Arnold Geisberger 1.2 Proposal: The Applicant proposes an amendment to the Clarington Official Plan that would permit the severance of a surplus dwelling as a result of the acquisition of a non-abutting farm property 1.3 Area: 0.89 hectares to be severed from 31.70 hectares 1.4 Location: Part Lots 33, 34 & 35, Concession 6, former Township of Darlington, 6493 Leask Road, Clarington. 2.0 BACKGROUND 2.1 On May 11, 2007, Arnold Geisberger submitted an application for an amendment to the Clarington Official Plan that would permit the severance of a dwelling that has been deemed surplus as a result of the acquisition of a non-abutting farm property. In 2004, the Applicant purchased a 31.70 hectare farm property which is to the south and adjacent to a larger 89.03 hectare farm property which collectively operates as the "home farm" (See Attachment 1 — Key Map). More recently, the Applicant purchased a 36.49 hectare parcel directly to the west of the "home farm," bringing the Applicant's total farm holdings in Clarington and Oshawa to approximately 360 hectares of farm land. 2.2 There is a dwelling located on the "home farm's" 31.70 hectare parcel which the Applicant has determined to be surplus as a result of the recent acquisition of the non- abutting farm property to the west of the "home farm." The Applicant would like to sever the dwelling from the 31.70 hectare property in order to sell it. 2.3 The Applicant has also submitted an application to amend the Durham Regional Official Plan. Durham Region Planning Department has informed the Municipality that this application is tentatively scheduled for a public meeting before Regional Council in November of 2007. 2.4 The Applicant has provided an Agricultural Assessment, prepared by Toombs Consulting, which outlines the justification for this application. The Agricultural Assessment Report has reviewed the Applicant's proposal against the requirements of the Durham Regional Official Plan and the Provincial Policy Statement as well as running Minimum Distance Separation calculations. It did not however explore the requirements for such severance being permitted in the Clarington Official Plan. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The proposed surplus dwelling is located in the south-west corner of the 31.70 hectare farm property. Ryeland Farms uses the "home farm" lands (parts of the 31.70 hectare parcel and 89.03 hectare parcel directly to the north) for grain production, grain drying and until recently the land was also used for dairy farming. 602 REPORT NO.: PSD-110-07 PAGE 3 3.2 The surrounding uses are as follows: North - Agricultural South - Agricultural, Rural Residential East - Agricultural West - Agricultural, Rural Residential 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement permits lot creation for a residence surplus to a farming operation as a result of farm consolidation provided that the local planning authorities ensure that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. The proposed severance by the Applicant does not include an application to construct a new dwelling on the retained lands and thus the application conforms with the Provincial Policy Statement. 4.2 Greenbelt Plan The Greenbelt Plan specifically permits the severance of a dwelling rendered surplus to a farming operation as a result of a farm consolidation so long as the residence was an existing use as of the date in which the Greenbelt Plan came into force. The existing residence located on the proposed severed lot is a legally existing use today and has been since before the Greenbelt Plan came into force in 2005. In addition, the creation of new lots as permitted within the Greenbelt Plan policies must comply with the minimum distance separation formulae as developed by the Province. The Applicant addressed this requirement in the submitted Agricultural Assessment and Staff has reviewed the provided calculations and determined that the new lot would comply with provincially minimum distance separation formulae requirements. The proposed severance of a dwelling rendered surplus as a result of a farm consolidation by the Applicant is thus in conformity with both the lot creation and minimum distance separation policies of the Greenbelt Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the property as "Prime Agricultural Areas." Specifically, the Durham Regional Official Plan as adopted by Regional Council in 2006, permits by amendment to the Plan, the severance of a dwelling rendered surplus in "Prime Agricultural Areas" subject to certain criteria. Specifically, these requirements are that: 603 REPORT NO.: PSD-110-07 PAGE 4 • The dwelling is not needed for a farm employee; • The farm parcel to be acquired is of a size, which is viable for farming operations; • Within the Protected Countryside of the Greenbelt Plan Area, the dwelling was in existence as of December 16, 2004; and • The farm parcel to be acquired is zoned to prohibit any further severances and the establishment of any residential dwelling. An Agricultural Assessment Report was submitted by the Applicant which examined these criteria in detail. This is reviewed in Section 9 of this report. 5.2 Clarington Official Plan The Clarington Official Plan designates the property as both "Prime Agricultural Area" and "Green Space." The dwelling subject to the proposed surplus severance is entirely located within the "Prime Agricultural Area" designation. Severances of dwellings rendered surplus as a result of the acquisition of a non-abutting farm may be permitted by amendment to Section 13.3.9 of the Clarington Official Plan subject to the following: a) A retirement or intra-family lot was not previously severed since January 1, 1974; b) The farm to be acquired is a minimum of 40 hectares; c) The dwelling to be severed is not required for farm employees; d) The surplus dwelling is generally less than 0.6 hectares; and e) It is registered on title that once a surplus dwelling lot is severed, no further severance is permitted from the parcel for retirement purposes. The farm being acquired by the Applicant is less than the minimum required 40 hectares and is therefore contrary to Section 13.3.9b of the Plan. The size of the surplus dwelling lot also exceeds 0.6 hectares and is therefore also contrary to Section 13.3.9d of the Plan. The proposal conforms to the other requirements of Section 13.3.9 of the Plan. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands both "Agricultural Exception (A-1)" and "Environmental Protection (EP)." The majority of the property is zoned "A-1" with the "EP" portion being located approximately 110 metres to the east of the proposed surplus dwelling severance that is being considered in this application. The provisions of the "A-1" require a minimum lot area of 4000 square metres with minimum frontage of 30 metres. There is no rezoning application required as the proposed surplus dwelling lot would comply with the provisions of the "A-1" zone. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Notice was given to the public by mail to each landowner within 120 metres of the subject property and a public notice sign was installed by the Applicant on the Leask Road and Concession Road #6 frontages for a period of one month prior to the scheduled public meeting on October 1 , 2007. 604 REPORT NO.: PSD-110-07 PAGE 5 7.2 At the time of writing this report, Staff has not received any objections in regard to the proposed severance of a dwelling rendered surplus as a result of the Applicant's acquisition of an non-abutting farm property. 8.0 AGENCY COMMENTS 8.1 The applications and supporting documentation were circulated to a number of agencies for review and comment. Clarington Engineering Services, including the Building Division, as well as Clarington By-Law Enforcement, Clarington Operations, and Clarington Emergency Services have no objections to the application. Durham Regional Health Department also reviewed the application and has no objections. 8.2 Durham Regional Planning Department has advised the Municipality that this application is not exempt from Regional approval. Any decision made on this application to amend the Clarington Official Plan must be forwarded to the Region for their approval. Further, the Applicant's request to amend the Durham Regional Official Plan is scheduled to be heard in November of 2007 following Clarington's decision on the local Official Plan amendment application. 8.3 Central Lake Ontario Conservation have no objections to the proposed amendment but do note that a watercourse traverses portions of the property to be retained, and that this area is regulated under Ontario Regulation 42106, Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. A permit from this Authority would be required for any future development or site alterations proposed within this area. CLOC has noted however that the regulated area does not affect the property to be severed. 9.0 STAFF COMMENTS 9.1 There have been no previous severances for a retirement or intra-family lot on the property at 6493 Leask Road since January 1, 1974 and therefore Section 13.3.9(a) of the Clarington Official Plan is satisfied. 9.2 The non-abutting farm property that was acquired by the Applicant is not a minimum of 40 hectares as required in Section 13.3.9(b) and therefore an approved amendment to the Clarington Official Plan must provide relief to the Applicant from this requirement. However the Applicant collectively owns and operates a total in excess of 360 hectares of farmable land in the immediate area. 9.3 The surplus dwelling to be severed was acquired through a land acquisition in 2004 of a 31.70 hectare farm property. The applicant advises that the surplus dwelling is not required for any of the farm's employees as Ryeland Farms currently has six farmhouses total on their holdings. The farm requires four dwellings. Two houses are used and occupied by family members while another two houses are used and occupied by farm employees. 605 REPORT NO.: PSD-110-07 PAGE 6 10.0 CONCLUSION 10.1 It is recommended that the application by Arnold Geisberger to amend the Clarington Official Plan, which would permit the severance of a dwelling rendered surplus as a result of the acquisition of a non-abutting farm property, be referred back to Staff for further processing. Attachments: Attachment 1 - Key Map 606 C) 0 v X a 0 � D Cl) v 00 Property Location Map(Former Darlington Twp.) CONCESSION ROAD 7 I I I gal 1117100 Illplll II I , MI CIO: I I ■ ■ (n I I 0I I i CCUI I I C I I .0 I I I vl I I I SI I I I (D I I I OTHER LANDS OWNED C I I I ca BY APPLICANT o I Q (89.03ha) QI O Cu of Y I p 0I <U) I - �I _j I o CL D I NON-ABUTTING Z FARM AQUISITION g I (36.49ha) LANDS TO BE _► RETAINED OI (30.81 ha of 31.70ha) SEVERED COPA 2007-0008 0 .70ha) Clarington Official Plan Amendment W z VDB J z 3: ] O0 N ROAD 6 Owner: Arnold Ge lsberger X a 0 � D Cl) v 00 ■ Illplll ■ ■ X a 0 � D Cl) v 00 • Clarinatoll Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 1, 2007 Report#: PSD-111-07 File #: COPA 2007 & ZBA 2007-0036 By-law#: Subject: PROPOSED AMENDMENTS TO THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW FOR THE CLARINGTON SCIENCE AND TECHNOLOGY BUSINESS PARK SECONDARY PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-111-07 be received; 2. THAT the proposed amendment to the Clarington Official Plan and the Zoning By-law be referred back to Staff for consideration of public and agency comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: D id . Crome, M.C.I.P., R.P.P. a klin Wu, Director of Planning Services Chief Administrative Officer r DJ/COS/DJC/sh/sn September 26, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 608 REPORT NO.: PSD-111-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: The Municipality of Clarington 1.2 Owner: Private ownership 1.3 Proposal: Amendments to the Clarington Official Plan and the Zoning By-law, and the approval of a Secondary Plan to facilitate the development of the Clarington Science and Technology Business Park 1.4 Area: 142.7 hectares (352 acres) 1.5 Location: North of Highway 401, between Bennett Road and Haines Street and bounded to the north by Highway 2 2.0 PURPOSE OF REPORT 2.1 This report seeks the finalization of a planning framework and implementation strategy for the development of a Science and Technology Business Park through certain amendments to the Clarington Official Plan, the adoption of a Secondary Plan and a Zoning By-law for the business park area. 3.0 BACKGROUND 3.1 After an extensive site search in other municipalities, with the assistance of Economic Development and Planning Staff, Holburn Biomedical bought 50 acres of land west of Bennett Road and rezoned a portion of it to facilitate the construction of a biomedical research facility. 3.2 Recognizing the potential of Holburn Biomedical as a catalyst for future development, Council authorized Staff to retain Urban Strategies Inc. to prepare a planning and urban design study. Totten Sims Hubicki Ltd. (TSH) was retained to complete the servicing component of the study which included the preparation of the Bennett Creek Master Drainage Plan. 3.3 The initial phase of these studies culminated in back-to-back meetings with major land owners within the study area and an Open House on June 16, 2005 at which Urban Strategies and TSH presented the background work that had been completed to date. The input from the land owners and public provided Staff and the consultants with a good understanding of the challenges associated with this initiative and it simultaneously fed into the next phase of the project. 3.4 Concurrent with this proposal a number of planning and development initiatives were underway that would, and are still, impacting and shaping this initiative, such as the 609 REPORT NO.: PSD-111-07 PAGE 3 Regional Employment Lands Study, the Regional Official Plan Review, the Growth Plan, the Commercial Policy Review, and the Bennett Creek Master Drainage Plan. 3.5 Staff subsequently expanded the scope of the initial planning, urban design and servicing study by: • including the existing industrial area between Haines Street and Soper Creek into the Study Area; and • a more detailed planning analysis of potential uses and an employment lands market analysis for vacant lands within the Study Area. 3.6 The expanded study area that included the existing industrial area between Haines Street and Soper Creek, has the potential to create a regional Community Improvement Plan to upgrade and improve infrastructure. In addition, as the Science and Technology Park develops, this area may evolve to complement the technology focus of the project. 3.7 It should be noted that although the existing industrial area west of Haines Street has been included in the study area, it is not included in the Secondary Plan or the Zoning By-law amendment. It is mostly built-up, established and characterized by uses and urban design characteristics that are distinctly different from the vision of the Science and Technology Park. However, it is anticipated that once the business park site starts to develop, the nature of industrial uses in this area may evolve. The land between Haines Street and Bennett Road, which is mostly vacant, has been the focus for the development of the Science and Technology Business Park since the initiation of this project and will therefore remain the core focus of this particular planning exercise. 3.8 On January 22, 2007 staff and the consultants: Urban Strategies, TSH and the Climans Group provided Council with an update on the project. The next steps in the project were to complete the Draft Planning Rationale Report, prepare a Draft Secondary Plan, an implementing zoning by-law, and hold a Public Open House. 3.9 On April 2, 2007 Council denied a proposal for a large format retail complex at the north-west corner of Highway 2 and Bennett Road. Council refused the application based on the argument that the proposal contradicted the urban form and commercial policy objectives of the Municipality. This effectively reinforced the Municipality's position of protecting employment lands from re-designation and to comprehensive planning and development for the area. 3.10 On April 23, 2007 Staff submitted an update report on the project to Council. A second Public Open House was held on April 30, 2007 at which an update on the background studies, the core components of the Planning Rationale Report and the Draft Secondary Plan were presented for discussion and input. All the land owners in the proposed Science and Technology Business Park site were invited, and the majority attended. 3.11 The Planning Rationale Report is a comprehensive vision for planning the Science and Technology Business Park and will assist in facilitating the development of a prestige industrial area. A short summary on the content of the Planning Rationale Report is 610 REPORT NO.: PSD-111-07 PAGE 4 found in paragraph 9.3 of this report. A copy of the Planning Rationale Report has been circulated to Council under separate cover. 3.12 An important component of the planning exercise is the Bennett Creek Master Drainage Plan (hereafter referred to as the MDP). The key components and findings of the Draft MDP have been incorporated in the planning framework. The MDP underwent numerous iterations and can only be finalized once the comments from the Central Lake Ontario Conservation Authority are received. The proposed centralized pond and stormwater quantity and quality control measures, may require further consideration. 4 VISION FOR THE SCIENCE & TECHNOLOGY BUSSINESS PARK: 4.1 A business park that will leverage existing physical assets of the site and promote the establishment of prestige employment uses, anchored by a biotechnology cluster. The Science and Technology Business Park will: • Be a research park having linkages to other research agencies and provide a real world laboratory where new technologies are tested and applied; • Have a global market focus and will accommodate niche-markets, promote synergies amongst users and provide access to economic incentives; • Be a prime destination for prestige employment uses and high-end jobs creation in Clarington; • Enhance and diversify Clarington's employment base; and, • Become a signature facility in Bowmanville and an eastern gateway to the GTA, revealing the strength of Clarington's economy and quality of life. 4.2 Realizing the importance of this initiative as a major catalyst for economic investment and job creation, Council in its Corporate Strategic Business Plan 2007-2010 identified the Science and Technology Business Park and the Energy Business Park as the Municipality's primary Economic Development Objective. y 5.0 LAND CHARACTERISTICS AND SURROUNDING USES 5.1 The site is strategically located along Highway 401, offering excellent visibility and proximity to Highway 401. It is bounded to the east by Bennett Road and to the west by Haines Street. Highway 2 forms the area's northern boundary. 5.2 The Science and Technology Business Park site comprises 142.7 hectares (352 acres) and is characterized by relatively flat terrain, with no obvious impediments to development, except for the south-west corner that is within a flood plain of Bennett 04 Creek and a significant woodlot on the south-east portion of the area. 5.3 Currently, the predominant land use is agricultural with some residential properties clustered along portions of Haines Street, Lambs Road and Highway 2. The Holburn biotechnology research facility is situated on the eastern side of the Science and Technology Business Park site, along Bennett Road. A variety of other uses such as a 611 REPORT NO.: PSD-111-07 PAGE 5 church, a fitness studio, a pools/spa's and accessory business, farm produce sales outlet and home businesses are found along Highway 2, giving it a mixed use character. 5.4 The surrounding uses are as follows: North: Highway 2 and single detached dwellings on smaller agricultural lots; South: Highway 401 and further south is a partly developed light industrial area; East: Farmland; West: Cemetery lands and existing industrial area. 5.5 Infrastructure services within the Science and Technology Business Park area can be summarized as follows: Sanitary Sewer no sanitary sewers have been extended to the Science and Technology Business Park area. There is an existing sanitary sewer on Baseline Road, west of Haines Street with limited excess capacity; it is shallow and would not be able to accommodate new developments within the Science and Technology Business Park. Various alternatives to service the Science and Technology Business Park are being reviewed and the various options are further explained in the Planning Rationale Report dated July 24, 2007. Water servicing: There is a 900mm diameter feeder main on Haines Street and a 300mm main on Baseline Road from Haines Street to Bennett Road. All other roads within the Science and Technology Business Park are currently not serviced with municipal water. Alternatives to service the Science and Technology Business Park with municipal water are also contained in the Planning Rationale Report. Stormwater management: Based on work completed to date stormwater run-off for the majority of the Science and Technology Business Park lands would drain into Bennett Creek. A small part of the study area drains towards Highway 2 and ultimately to a tributary of Soper Creek. A Draft Master Drainage Plan has been completed for the Bennett Creek drainage area and provides more detail with regard to pond location and design, routing, costing and implementation of the stormwater management plan. However, there are design details to be finalised, in consultation with the Central Lake Conservation Authority, before the Master Drainage Plan can be approved. Road network: The Science and Technology Business Park area is currently accessible from Highway 401 via Bennett Road, which forms the eastern boundary of the park. Haines Road, a rural local road, forms the western edge of the park while Highway 2 provides access from the north. Baseline Road, a Regional arterial, extends west/east and halfway into the Science and Technology Business Park - TSH is currently preparing the design details for the portion that is to be extended to Bennett Road. Lambs Road, also an arterial, extends from south to north across the park. These roads are being incorporated into the road network of the Science and Technology Business Park but their function and capacity may change as the Science and Technology Business Park develops and new roads are added to the local road network. 612 REPORT NO.: PSDA 11-07 PAGE 6 Other infrastructure services: The provision of electricity, gas and fibre-optic services to the Science and Technology Business Park area will either require the extension or upgrading of these services. The need for these services will be assessed as the demand for these services arises through development applications. 5.6 Seven Cultural Heritage Resource buildings are located within the Science and Technology Business Park site. Buildings categorized as "Primary" (2949 and 2895 Highway 2), "Secondary" (2935 Highway 2 and 1200 Lambs Road) and "Heritage Merit" (2885 Highway 2, 1325 Haines Street and 1078 Bennett Road) have been identified within the plan area. These buildings are not designated under the Ontario Heritage Act. The historical significance of these buildings can assist the community in retaining its cultural identity and the preservation and integration, where practical, of these structures in the development of the Science and Technology Business Park, will be encouraged. 5.7 Natural heritage features include the woodlot in the south-eastern corner of the site and Bennett Creek. A portion of the Bennett Creek is an intermittent stream and was removed by farm improvements for tile training. It is to be reinstated. The creek and the woodlot will be designated as Environmental Protection Area and will be integrated into the open space framework for the park. 6.0 PROVINCIAL POLICY 6.1 Provincial Policy Statement 6.1.1 The Provincial Policy Statement (PPS) encourages the provision of an appropriate mix and range of employment for a diversified economic base. This initiative is a springboard for the research and development sector in the Information Technology and Life Science fields that could stimulate the formation of an economic cluster and lead to local economic diversification. 6.1.2 The PPS states that an adequate supply of employment lands, providing locations for a variety of appropriate employment uses, will be maintained to ensure the vitality of the provincial economy and it encourages the planning for protecting and preserving employment areas for current and future uses. The Climans Group findings in its Industrial Lands Market Analysis, a background study to this planning initiative, compliments PPS policy in that it calls for protection, branding and marketing of these lands as a cluster for economic development. 6.1.3 The PPS also states that Municipalities shall promote economic development and competitiveness by ensuring the necessary infrastructure provides support to current and projected employment needs. Through this planning initiative the Municipality of Clarington in consultation with TSH and the Regional Municipality of Durham is seeking the timely and effective provision of infrastructure to these employment lands. 613 REPORT NO.: PSD-111-07 PAGE 7 6.1.4 The PPS calls for the protection of Employment Lands. The uses contemplated emphasize this PPS policy. Some commercial uses, limited in scale, are proposed only as accessory uses to meet the needs of a prestige business park. 6.2 Provincial Growth Plan 6.2.1 The Growth Plan states that through sub-area assessment, the Minister of Public Infrastructure Renewal, in consultation with other spheres of government and municipalities will identify provincially significant employment areas including prime industrial lands. In its comments on the Proposed Growth Plan, before it came into effect, the Municipality requested that the Growth Plan recognise the proposed Science and Technology Park in Bowmanville and the emerging cluster of energy-related industries at the Energy Park in Courtice. The sub-area assessment is yet to be done. It is hoped that the proposed Science and Technology Business Park will be recognized. 6.2.2 Durham Region, in its comments on the Proposed Growth Plan, proposed that the regional economic assessment must also provide opportunity for Durham to promote economic clusters, such as automotive manufacturing and energy; and provincially significant designated employment areas, particularly around key 'transportation corridors such as Highways 401 and 407. The site for the proposed Science and Technology Business Park is situated between Highway 401 and Highway 2, two key transportation corridors in the Region. 6.2.3 Building compact, vibrant and complete communities is one of the key guiding principles of the Growth Plan. The term "Complete Community" refers to a community that meets people's needs for daily living throughout an entire lifetime by providing convenient access to an appropriate mix of jobs, local services, housing and community infrastructure. The proposed Science and Technology Business Park site is centrally situated in a highly accessible urban area between two transportation corridors and will play an important role in Clarington's efforts to attain a "complete community". 6.2.4 The Growth Plan requires municipalities to facilitate the development of transit supportive, compact built form and to minimize surface parking in planning lands for employment. The proposed urban design and land use policies and regulations in the Secondary Plan and implementing zoning by-law support and complement these performance indicators, e.g. requiring considerable building mass and height, significant landscaping and street oriented development. 6.2.5 The Growth Plan has policies pertaining to conditions under which employment lands may be converted to non-employment uses. This policy has a bearing on the type of uses to be introduced along Highway 2, as this has been identified as a Regional Corridor in accordance with Amendment 114 to the Regional Official Plan. The introduction of non-employment uses along this particular section of the Highway 2 corridor in the Science and Technology Business Park will be subject to a Special 614 REPORT NO.: PSDA11-07 PAGE 8 Study, as proposed in the Secondary Plan, and simultaneously have to meet policies of the Growth Plan. 6.2.6 The Growth Plan emphasizes the importance of official plan policies and strategies to support water and energy conservation, as well as cultural heritage conservation. The proposed Secondary Plan conforms to this directive through numerous policies on environmental sustainability and energy conservation through landscape and building by including policy that encourages the inclusion of heritage resources into the redevelopment of sites. 7.0 OFFICIAL PLANS 7.1 Durham Regional Official Plan 7.1.1 The Durham Region Official Plan designates the Science and Technology Business Park site "Employment Area". Amendment No.114 to the Regional Official Plan redesignates lands along Highway 2 as a "Regional Corridor". "Regional Corridors" shall be planned and developed in accordance with certain criteria as mixed-use areas, which include residential, commercial and service areas with higher densities, supporting higher order transit services and featuring a high degree of pedestrian oriented design, as detailed in area municipal official plans. Regional Planning Staff have confirmed that the scale and character of the "Regional Corridor" designation along Highway 2 will be the subject of further detailed study. 7.1.2 Regional Official Plan Amendment 114 contains similar policies on Employment Lands to the PPS and Provincial Growth Plan, in that they encourage the maximization of employment opportunities, the reservation of sites having a high degree of exposure and good access for employment intensive uses; they discourage the use of Employment Area lands intended for industrial uses by retail/commercial uses and encourage prestige employment uses with high employment generating capacity and greater architectural detail, landscaping and site controls along Highways and Type A and B Arterial roads. It is significant that the proposed Science and Technology Business Park site is located adjacent to Highway 401, Baseline Road (Type A Arterial), Highway 2 and Lambs Road (Type B Arterials). Further it encourages the Local Official plans to designate areas for prestige development and specify design and landscaping controls for such areas. It also recommends that the Municipality introduce urban design guidelines and landscaping standards for such areas. 7.1.3 To achieve greater diversification of the Region's economic base, Regional Centres and specific areas within Employment Areas are to be promoted through area official plans as attractive locations for higher-order office uses, such as district and head offices of corporations. 7.1.4 Regional Official Plan Amendment No. 114 contains also certain policies that speak specifically to Business parks. 615 REPORT NO.: PSD-111-07 PAGE 9 Business Parks are areas comprised of corporate offices oriented to and serving the business community, research and development facilities and light industries. They are to be comprehensively designed and developed to a high architectural and landscaping standard. The overall amount of office development allowed in a business park shall be such that it does not adversely impact Centres. Business parks are restricted to those locations with close proximity and good access to Type A arterial roads, freeways, GO stations or other transit services within Employment Areas. 7.2 Clarington Official Plan 7.2.1 An underlying basis of the Clarington Official Plan is that Bowmanville will continue to grow as the predominant urban centre in Clarington and will form the eastern anchor of the Region. The key principles of the Official Plan namely sustainable development, healthy communities and growth management have been recognised through this planning initiative in that the basis and policies for the development of the Science and Technology Business Park speak to issues such as: • global environmental concerns, energy conservation and ecosystem integrity through urban design and sustainability policies and regulations; • the remediation of natural systems through the reinstatement of Bennett Creek and protecting the significant woodlot and natural hedges; • personal well being, economic vitality and community identity through the establishment of a unique employment cluster that will further diversify our local economy; • public involvement through public open houses, public notices and the public meeting; • urban design excellence through specific urban design standards and zoning regulations that will create a sense of place and unique urban address; and, • structured growth by directing the development of the Science and Technology Business Park to an area within the urban area of Bowmanville. 7.2.2 One of the key strategic directions in the Official Plan is Economic Development. The proposed Science and Technology Business Park will definitely contribute towards the economic goals of promoting Clarington as a prime business location in the GTA and creating a community where residents can live in reasonable proximity to their work places. It also complements the economic development policies of creating new employment opportunities and promoting corporate office and industrial developments in strategic locations along the 401. 7.2.3 The Clarington Official Plan currently designates the northern portion along Highway 2 as well as the central area on both sides of Lambs Road as Prestige Employment Area. The predominant land uses in such areas shall be professional, corporate and office buildings, research and development facilities, commercial and technical schools, certain commercial, community and recreational uses including banks, restaurants, athletic clubs, etc. under certain provisions. 616 REPORT NO.: PSD-111-07 PAGE 10 The remainder of the site is designated either Light Industrial or General Industrial. The predominant uses within the Light Industrial area would be manufacturing, assembling, processing, fabricating, repairing, research and development, and warehousing while limited-scale commercial, community and recreational uses are also permitted. General Industrial areas permit the same uses found in Light Industrial areas, but allows more outside storage and storage height, permits truck terminals and the repair, storage and sale of commercial transport vehicles as well as other uses such as non-toxic waste processing facilities and asphalt plants by site specific rezoning. 7.2.4 The current land use designations are not consistent with the vision for the Science and Technology Business Park, specifically with regard to urban design, land use and scale and have not been carried forward into the new designations envisioned for the site. It is important however to emphasize that the proposed Official Plan and Zoning By-law amendments and the Secondary Plan are not removing any employment lands from the area, but it is merely "refining" the land use designations and regulations to fit the vision for the Science and Technology Business Park. 7.2.5 Proposed Clarington Official Plan Amendments and Draft Secondary Plan: • Clarington Official Plan Amendments (Attachment 3) The Planning Rationale Report recommends amendments to the Official Plan to facilitate the desired development. The proposed amendments establish generic policies to develop business parks and allow secondary plans to be created. Appropriate changes have been made where necessary. • Science and Technology Business Park Secondary Plan (Attachment 3) Part VI of the Official Plan is amended by adding a Secondary Plan which explains the vision, framework and guidelines for the site and enshrines them in policy. The Secondary Plan Land Use framework consists of the following: • Prestige Employment Area 1: This area is the gateway to the Science and Technology Business Park and is the most appropriate location for employment intensive uses exhibiting a high standard of building and landscape design. • Prestige Employment Area 2: This area is intended for employment intensive uses exhibiting a high standard of building and landscape design, yet to a lesser degree than those found in Prestige Employment 1 Areas. Prestige Employment 2 will accommodate smaller lots and a smaller percentage of landscaping than Prestige Employment 1. ■ Light Industrial Area: This area is designated in less visible areas of the site and it generally caters for higher employment density and more truck traffic. 617 REPORT NO.: PSDA11-07 PAGE 11 • Mixed Use Corridor Special Study Area: This area is intended for the location of high-order employment, personal service and ancillary uses that will benefit from a high profile location along Highway 2 and complement the function of the Science and Technology Business Park. • Environmental Protection Area: This area encompasses natural heritage features and publicly owned stormwater retention and management facilities; And A street network of roads that are interconnected, hierarchical and based on a modified grid that responds to the unique characteristics of the site, maximizes property frontages and optimizes vehicular access and movement. Each of the blocks can be developed as single lots or further subdivided into smaller parcels. There are three primary roads proposed that help with the creation of a unique and distinctive Science and Technology Business Park, namely: Baseline Road, the main entry road and the east-west '-spine of the Science and Technology Park, with a right of way width of 36 metres; Discovery Drive, an internal ring road that will link the road network of local and regional roads and provide secondary access throughout the Science and Technology Business Park; and, Promenade Drive, a north-south street that will visually connect the portion of the park north of Baseline Road with the southern part adjacent to Highway 401, thus providing opportunities for prominent vistas. 7.2.6 The Science and Technology Business Park is being added to the East Bowmanville Industrial Area Community Improvement Area. This will recognize the site as a high priority employment area and will provide a planning tool to Council to access funding for infrastructure and urban revitalization. 8.0 ZONING BY-LAW (84-63) 8.1 The majority of the lands between Haines Street and Lambs Road are currently zoned "General Industrial (M2)" while the southern part along Highway 401 is zoned "Light Industrial (M1)". The church property on the corner of Haines Street and Highway 2 is zoned "Agricultural Exception (A-13)". Most of the land east of Lambs Road is zoned "Agricultural Exception (A-1)", except for the developed Holburn site that is zoned "General Industrial Exception (M2-17)" and an area around it and between Highway 2 and Baseline that is zoned "Holding - General Industrial Exception (H)M2-17". A map reflecting the current zonings within the Science and Technology Business Park site is enclosed as Attachment 2. 618 REPORT NO.: PSD-111-07 PAGE 12 8.2 The proposed zoning amendments shown in Attachment 4 follows the designations on the Secondary Plan Land Use Map and are necessary to implement the proposed Secondary Plan policies. The Science and Technology Business Park zones will consist in part of: • Science and Technology Prestige 1 (MP1) Zone (approx. 20.34 Hectares) — a strip along the 401 Highway and adjacent to the Highway 401/Bennett Road interchange; • Science and Technology Prestige 2 (MP2) Zone (approx. 48.04 Hectares) — the centre part of the Science and Technology Business Park, taking up the majority of the land within the park; • Science and Technology Park Light Industrial (MP3) Zone (approx. 21.68 Hectares) —the north-western part of the Park; • Science and Technology Park Mixed Use (MP4) Zone (approx. 15.24 Hectares) - a strip along Highway 2, extending to the depth of each lot fronting onto Highway 2; • Environmental Protection (EP) Zone (approx. 26.46 Hectares) — the woodlot in the south-east corner, Bennett Creek that is to be reinstated, the floodplain in the south-west corner where the centralized pond is proposed, as well as other publicly owned stormwater retention facilities. 8.3 The existing Holburn Biomedical facility is "absorbed" into the proposed "Science and Technology Prestige 2 (MP2)" zone and the "Environmental Protection" zone in part, while the single detached houses along Highway 2 that exist at the date of the passing of the Zoning by-law, are included in the list of permitted uses. 8.4 The other uses along Highway 2, such as the church, the seasonal farm produce sales outlet and the home businesses become legal nonconforming uses and are not zoned to an exception zone. By doing this the development of a distinct and unique cluster of uses is being promoted that will complement the vision of the Science and Technology Business Park and it encourages the relocation of incompatible uses. 9.0 SUMMARY OF BACKGROUND STUDIES 9.1 Since the inception of this planning initiative, the following background studies have been compiled in consultation with Planning and Engineering Staff: • Draft Master Drainage Plan — by TSH (still under review); • Infrastructure Service delivery and transportation network —TSH; • Industrial lands market analysis (for parcels bigger than 25 acres) — The Climans Group; and a • Planning and Urban Design study — Urban Strategies. 9.2 The key components of the above mentioned background studies were compressed into a single report that provides a comprehensive vision and context for facilitating the planning and development of the Science and Technology Business Park. The report 619 REPORT NO.: PSD-111-07 PAGE 13 also creates a sound premise for the proposed planning framework. Urban Strategies prepared this report known as the "Science + Technology Park Planning Rationale Report" dated July 24, 2007, of which a copy has been distributed under separate cover. 9.3 The Planning Rationale Report contains the following key components: a. Historical perspective — an explanation as to what initiated this planning exercise and of the steps and events leading up to this planning proposal and the economic opportunities and benefits associated with clustering life science and information technology; b. The Vision for the business park site — a conceptual vision for the business park based on an analysis of the physical characteristics and other economic forces affecting the study area; C. Current initiatives and policy — a discussion on all significant infrastructure initiatives and Planning legislation/policies that have an impact on the proposed Science and Technology Business Park site; d. Market analysis — a detailed discussion on the research methodology used to evaluate the relative attraction of the study area amongst the range of competitive employment areas that exist throughout Durham Region, and of the findings of this analysis. The analysis proposed the following initiatives to protect the competitive advantages of the proposed Science and Technology Business Park: • Prepare a Master Plan for the Science and Technology Business Park to create a distinct business address; • Create buffer lands to ensure that future land use and development around the park site are complimentary to the Science and Technology Business Park; • Promote the whole site area as a Science and Technology Business Park; and, • Proactively market and emphasize the premium value of the Science and Technology Business Park location and the unique synergy between technology and "business park". e. A physical development framework that addresses the foundation upon which the vision for the park can be realized and is comprised of the Open Space Network, Roads Network and Land Use Districts and Municipal servicing. f. Urban Design Guidelines — a short explanation on the broad urban design strategy and approach to be imposed to maintain a consistent, high quality image befitting a Science and Technology Business Park. g. Implementation — this section describes the tools and strategies to implement the Vision and Planning framework for the proposed Science and Technology Business Park. It includes proposals to amend current Official Plan policies and Zoning Bylaw regulations as well as short discussions on an infrastructure and servicing strategy and an economic development strategy. 620 REPORT NO.: PSD-111-07 PAGE 14 9.4 The key findings of the Planning Rationale Report are embodied and further articulated in the proposed Official Plan Amendment, Secondary Plan and Zoning B-law Amendment. 10.0 PUBLIC NOTICE AND SUBMISSIONS 10.1 Public notice was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. The notice was placed in the Canadian Statesman on September 12, 2007 and September 19, 2007. 10.2 As of the writing of this report, staff received inquiries from 2 land owners on how the proposal will affect existing uses on their properties while another land owner requested copies of the planning documents accompanying this planning proposal. 10.3 Open Houses were held on June 16, 2005 and April 30, 2007. The first Open House entailed presentations by TSH and Urban Strategies on the background work that have been completed to date. At the second Open House the Science and Technology ' Business Park Draft Secondary Plan and proposed urban design guidelines were presented to the public and interested parties. 10.4 The most important issues that were raised at these Open Houses and meetings with land owners within the Science and Technology Business Park are the following: • The future of existing uses within the Science and Technology Business Park site; • The status of municipal infrastructure in the area and how soon it will become y available; • The increase in traffic and the need for the roads in the area to be upgraded/widened; • The current development interest in the land; • The potential number of people that will be employed in the park; • The nature and width of the 'mixed use' designation along Highway 2; 11.0 AGENCY COMMENTS 11.1 The application was circulated to relevant agencies for comment and the majority of agency comments were still outstanding at the time of writing this report. 11.2 Comments prepared on behalf of the Clarington Heritage Committee indicated that the Science and Technology Business Park area contains 7 cultural heritage resource buildings, referred to in Section 5.6 of this report. y y 621 REPORT NO.: PSD-111-07 PAGE 15 12.0 STAFF COMMENTS 12.1 The Science and Technology Business Park should be developed using the principles of innovation, sustainability and energy conservation, integration, diversity and design excellence. The Secondary Plan will support development that facilitates growth in the Life Science and Information and Communication sectors and seeks to encourage land use patterns and urban design standards that support energy efficient buildings and green development. 12.2 The Urban Design guidelines and the complementary land use standards will help to ensure that a consistent, high quality image and sense of place, suitable to the business park seeking a global profile are maintained. 12.3 The Secondary Plan may require further refinements with regard to the urban design and detail concepts. These details could be incorporated into a Science and Technology Business Park Design Plan. 12.4 With regards to the identified Cultural Heritage Resource buildings, a policy has been included in the Science and Technology Business Park Secondary Plan that requires the incorporation, where practical, of these dwellings into the redevelopment of properties. 12.5 The Bennett Creek Master Drainage Plan has not been finalised as of the date of this report. Although the key components and findings of the Master Drainage Plan have been incorporated in the planning framework, there are minor design details that need to be finalized before the proposed Secondary Plan and Zoning By-law can be approved. 12.6 Municipal Services: • The successful marketing and development of the Science and Technology Business Park will depend upon the timely provision of regional infrastructure and the promotion of the competitive attributes of the site. 12.7 The next steps will include: • The finalization of the Master Drainage Plan; • The analysis of comments presented at the Public Meeting, • The receipt of all outstanding agency comments; and • The submission of a subsequent report to Council for decision. ■ Upon the approval of the Official Plan amendment, Secondary Plan and Zoning 622 REPORT NO.: PSD-111-07 PAGE 16 13.0 CONCLUSION 13.1 The above mentioned report and supporting documents provides a sound premise in support of the creation of a prestigious Science and Technology cluster, in a campus setting, characterized by high quality urban and landscape design. The timely provision of infrastructure and the promotion of the competitive attributes of this park site are principal keys in unlocking the economic potential of these employment lands. The proposed planning framework is intended to steer development to promote synergy between Life Science and the Information and Communication Technology Sectors. This report is provided for public review and consideration and staff will report back a recommended plan. Attachments: Attachment 1 - Key Map — Science and Technology Business Park site in Bowmanville Attachment 2 - Map of current zonings in the Science and Technology Business Park site Attachment 3 - Official Plan Amendment and Draft Secondary Plan Attachment 4 - Zoning By-law Amendment Attachment 5 - Science + Technology Park planning rationale report, July 24, 2007 (distributed under separate cover) List of interested parties to be advised of Council's decision: 1524103 Ontario Ltd., c/o Holburn Maranatha Christian Reform, Attn: Biomedical Corp Treasurer 720114 Ontario Inc. Pam Tile Limited 812640 Ontario Inc., c/o Pine Ridge Rental Price Terrence Manual Snyder Edward Jake Salisbury Barry & Jayne 812716 Ontario Limited, c/o Pineridge Saunders Anthony & Sylvia Rental Tremeer Elliot & Joan Alford Donald James Veridian Connections Inc Anglo York Industries Anna & Russ Arsenault Bruno Anna John Buddo Cooke Ronald & Barbara Ron Cooke Devera Leon & Karen Bob Schickendanz Dupuis Eugene & Sharon Sarah Marshall East Bowmanville Industrial David Crescitelli Gawley James & Constance John Mutton Gray, Ruth Ellen Joyce Myers Holburn Biomedical Jeff Vreeker Hoskin Brian & Kevin Kareen Farmer Ibanez Jose Ron Cooke Johnston Blake David Hotrum G. Lawson 623 ii .:.:.:.:.:. ........... tee•_•.•.; Httacnment 2 To Report PSD-111-07 of N W E A-13 S HIGHWAY 2 � A-1 w w Of F- U) w (H)M2-17 Z 0 = M2 a0 A-1 Of M2-17 U) m A-1 p a O BASELINE ROAD M2 H w Z Z w m A-1 A-1 M1 HIGHWAY 401 Clarington Science and Technology Business Park Current Zo Attachment 3 To Report PSD-111-07 Official Plan Amendment No. 57 to the Clarington Official Plan PURPOSE The purpose of this Amendment is to implement the recommendations of the Clarington Science and Technology Park Planning Rationale Report. This initiative is founded on and complements the Official Plan principle of promoting a competitive, adaptable economic environment to encourage investment and diversify employment opportunities, and it gives recognition to the Municipality's Corporate Strategic Business Plan 2007-2010 that identifies the Clarington Science and Technology Business Park as the No.1 Economic Development Objective of Council. BASIS A private company proposed to construct a biotechnology research facility on a portion of a 50 acre parcel of land, currently designated Employment Land in the Clarington Official Plan, at the corner of Bennett Road and King Street East. This development proposal led the Municipality to initiate a study of the area as a potential site for a larger research "Business Park" or cluster for the convergence of Life Science and Information and Communication Technology research buildings. In 2004, the Municipality of Clarington commissioned Urban Strategies Inc. and other consultants in market analysis and engineering to begin an urban design and planning study for a portion of the lands described in this Secondary Plan. TSH Consulting Engineers was responsible for traffic engineering and the preparation of a Master Drainage Plan while the Climans Group conducted the market analysis. The study confirmed that the subject property is sufficiently unique to warrant the effort and investment to achieve its latent potential. It recommended that the master planning process should set as a goal the creation of a distinct business address in Durham Region with excellence in building design that would build on the physical and geographical assets of the property. This Amendment is based upon the study team's analysis summarized in the report entitled Clarington Science + Technology Park Planning Rationale Report (July 24, 2007), and public consultations. As part of this process, affected landowners and potential stakeholders were consulted and public information sessions were held on June 16, 2005 and April 30, 2007. PROPOSED AMENDMENT The Clarington Official Plan is hereby amended as follows: a) Add a new section 7.3.9 as follows: "The Municipality recognizes the important role of the information and communication technology and life science sectors in the local and regional economy and will, in 626 cooperation with other governments, institutions and businesses, promote development of the Clarington Science and Technology Business Park."; b) By re-designating on Map A3, Land Use, Bowmanville Urban Area, the area bounded by Bennett Road, Highway 2, Highway 401, and Haines Street as Business Park, as shown on Schedule "A";; c) By amending Map B3, Transportation, Bowmanville Urban Area, to adjust the road classifications and alignments in accordance with Schedule "B"; d) By amending Section 3 of the "General Policies for Secondary Plans" to include the following words: " h) Clarington Science and Technology Business Park"; e) By adding to Section 17 "Special Study Areas", a new "Special Study Area No.7 (East Bowmanville Corridor Study)", to number it "177' that will read as follows: Special Study Area No.7 is located in close proximity to the Bowmanville East Town Centre and it fronts onto Highway 2. It is strategically situated in terms of access, visibility and proximity to other amenities and major routes and it forms the northern edge of the Clarington Science and Technology Business Park. Its locational attributes creates the potential to introduce a mixture of uses within the study area. Although certain uses, suitable to the scope of and complementary to the business park, are allowed, the Municipality will undertake a mixed use corridor study along highway 2, in consultation with the Regional Municipality of Durham, to determine the desirability of permitting additional uses and related policies to implement the Regional Corridor designation in the Durham Regional Official Plan. Until such a study has been completed, the permitted uses in the Special Study Area are those legally existing uses as of the date of adoption of this plan, business or administrative offices, Research and development facilities and Commercial schools. f) By moving the words "Bowmanville Sub-area 65" in the third priority list in Section 22.3.2, to after the words "Bowmanville Sub-area 64" in the first priority list; g) By amending Map I, Community Improvement Areas, by extending the Bowmanville Sub-area B5 area to Bennett Road, as shown on Schedule "C" ; h) By amending the Secondary Plan list under "Part 6 Secondary Plans", to include the words "Clarington Science and Technology Business Park"; i) By adding a new Secondary Plan to Part VI as follows: 627 Clarington Science and Technology Business Park Secondary Plan 1.0 Introduction 1.1 The Clarington Science and Technology Business Park is located immediately north of Highway 401, between Bennett Road and Haines Street. King Street/ Highway 2 forms the area's northern boundary. The subject lands are entirely within the urban area of Bowmanville and designated as Employment Area in the Regional Official Plan. 1 .2 The area for the Science and Technology Business Park, occupies 352 acres (142.7 hectares). It has been identified as an appropriate location for prestige employment uses, forming a cluster for Information and Communication Technologies and Life Science and research that can benefit from close proximity to the planned Clarington Energy Business Park, Darlington Nuclear Generation Station, MaRS and the University of Ontario Institute of Technology. The overall goal of this Secondary Plan is to guide development of a Business Park that facilitates employment growth, promotes innovation in the Information and Communication Technology and Life Sciences sectors and demonstrates environmental sustainability and excellence in design in its development. 1.3 This Secondary Plan is based upon, and future development should be guided by, the following overarching principles: a) Innovation - Businesses in the Park should research, manufacture, and demonstrate or otherwise support innovative technologies, particularly in the field of biotechnology and life sciences. The Business Park itself should be innovative in building design and demonstrate environmental sustainability to the world. b) Conservation and Sustainability - The Business Park, as whole and individual elements, should be designed to use land, streets, municipal services and energy efficiently. Techniques to maximize energy efficiency and sustainability should be integrated into the design of buildings, parking lots and sites. Developments should also incorporate natural features such as small creeks and woodlots. C) Integration - Research and development facilities, institutional and corporate offices, and manufacturing plants should be mixed within the Business Park to promote linkages and synergies among related businesses. 628 d) Diversity- A wide range of businesses should be accommodated. Streets should be designed for a variety of transportation modes, including automobiles, trucks, cycling, walking and public transit. e) Design Excellence - The design of buildings, streetscapes, open spaces and infrastructure should be distinctive, aesthetically pleasing and functional. The physical and business environment of the Business Park should make it a showcase for Clarington, Durham Region and Ontario. 2.0 Goals 2.1 To enhance the economic competitiveness and global profile of Clarington by diversifying employment opportunities within Clarington and attracting high-end knowledge-based employment to the municipality. 2.2 To create a prestige industrial area, designed and operated to promote synergy among a select group of users in the information and communication technologies, life sciences and in particular the biotechnology and allied sectors. 2.3 To develop a focal point for research and development and the production of related products and services to information and communication technologies, life sciences and biotechnology. 2.4 To facilitate linkages among the University of Ontario Institute of Technology, other institutions, government agencies and private industry and to build upon and complement the planned Energy Business Park in Clarington. 2.5 To distinguish the Clarington Science and Technology Business Park as a unique and innovative employment area and to establish the Business Park as a signature gateway to Bowmanville and the rest of the GTA through high-quality design. 2.6 To use land and other natural resources efficiently and with minimal non- reusable waste. 2.7 To ensure building designs with high urban design standards that are energy efficient . and meet LEED certification. 2.8 To preserve and integrate, where practical, buildings of historical significance that will help retain the community's cultural identity and to protect and restore elements of the site's natural heritage. 629 3.0 Land Use and Built Form In addition to the policies of this section, the policies of Sections 4-8 shall also apply to all areas of the Clarington Science and Technology Business Park. 3.1 Objectives 3.1.1 To accommodate and integrate a mix of complementary industrial and Prestige Employment Land uses focusing primarily on the Life Sciences, and Information and Communication Technology fields. 3.1.2 To accommodate a variety of building types and sizes while ensuring that development overall contributes to a consistent and positive image of the business park. 3.1.3 To provide, through the placement and massing of buildings, continuity and enclosure to the streets within the business park. 3.1.4 Public art will be promoted to achieve a high quality public realm and identity in the business park. 3.1.5 To address the interfaces with surrounding land uses and to 'devise an appropriate response to Highway 2. 3.1.6 To encourage the relocation of pre-existing land uses not in keeping with the vision, goals and objectives of the Plan to other employment areas. 3.2 General Policies 3.2.1 The land use designations for the Clarington Science and Technology Business Park shown on Map A of this Secondary Plan establish the general pattern for future development. They consist of Prestige Employment 1, Prestige Employment 2, Light Industrial, Environmental Protection, and Mixed-Use Corridor Special Study Area. 3.2.2 Stand-alone restaurants, single use warehouses, distribution facilities, truck terminals, truck service centres, gas stations, fuel distribution operations, storage units and any use with significant outdoor storage requirements shall not be permitted. 3.2.3 Drive-through facilities for restaurants and banks will not be permitted in any of the land use areas. 630 3.3 Prestige Employment 1 3.3.1 Prestige Employment 1 Areas are the gateway to the business park. These areas are the most appropriate location for employment intensive uses exhibiting a high standard of building and landscape design. The permitted uses are: a) Business or administrative offices; b) Research and development facilities; C) University or college facilities; d) Commercial schools; e) Light industries; f) Hotels and convention centres; g) Commercial, community and recreational uses that cater to businesses and employees within the business park, including eating establishments, athletic clubs, and business and personal services, provided they are limited in scale and located on the ground floor of a multi-storey building. 3.3.2 The following land use standards shall apply to development within the Prestige Employment 1 Area. a) Lot width will generally be a minimum of 100 meters wide; b) Building height is a minimum of 9 meters; C) Setback from public streets: 30 meters (minimum) for lots fronting onto Discovery Drive, Bennett Road or Lambs Road. d) Outside storage or display of goods is not permitted. 3.4 Prestige Employment 2 3.4.1 Prestige Employment 2 Areas are intended for employment intensive uses exhibiting a high standard of building and landscape design, yet to a lesser degree than those found in Prestige Employment 1 Areas. Prestige Employment 2 will accommodate smaller lots and a smaller percentage of landscaping than Prestige Employment 1. The permitted uses are: a) Business or administrative offices; b) Research and development facilities; C) University or college; d) Commercial schools; e) Light industries; f) Hotels and convention centres; g) Commercial, community and recreational uses that cater to businesses and employees within the business park, including eating establishments, athletic clubs, and business and personal services, provided they are limited in scale and located on the ground floor of a multi-storey building 3.4.2 The following land use standards shall apply to development within the Prestige Employment 2 Area. These standards will be implemented through standards established in the zoning by-law. 631 a) Lot width will generally be a minimum of 80 meters wide; b) Building height is a minimum of 9 meters; c) Setback from public streets: 18 meters (minimum) for lots fronting onto Baseline Road, Discovery Drive, Innovation Drive (future public streets), Bennett Road or Lambs Road, with the exception that on Promenade Drive, the setback is 26 meters. d) Outside storage or display of goods is not permitted. 3.5 Light Industrial 3.5.1 Light Industrial Areas are designated in less visible areas of the site. It generally caters for higher employment density and more truck traffic. The permitted uses are: a) Business offices that are accessory to another employment use, provided they do not exceed 25% of the total floor area of the building; b) Research and development facilities; c) Commercial schools; d) Light industries; e) Eating establishments and business and personal services that cater to businesses and employees within the business park, provided they are limited in scale and located on the ground floor of a multi-storey building; 3.5.2 The following land use standards shall apply to development within the Light Industrial Area. These standards will be implemented through standards established in the zoning by-law. a) Lot width will generally be a minimum of 50 meters wide; b) Building height is a minimum of 6 meters; C) Setback from public streets: 6 meters (minimum) Lambs Road the setback will be 18 meters (minimum). d) Outside storage or display of goods is limited to 25% of the building area and a maximum of 10% of the lot and it must be screened from public view and adjacent properties. 3.6 Mixed Use Corridor Special Study Area 3.6.1 The Mixed Use Corridor Special Study Area are intended for the location of high- order employment, personal service and ancillary uses that will benefit from a high profile location along Highway 2 and complement the function of the business park. These lands fall within Special Study Area no.7. The Municipality will undertake a mixed use corridor study along highway 2, in consultation with the Regional Municipality of Durham, to determine the desirability of permitting additional uses and related policies to implement the Regional Corridor designation in the Durham Regional Official Plan. This is an area with a mix of existing and new development forms. Care will be given to ensure built form is 632 compatible with existing uses, and of a quality to enhance the image of the business park. The permitted uses are: a) business or administrative offices; b) Research and development facilities; c) Commercial schools; e) other uses as determined through a Special Study 3.6.2 The following land use standards shall apply to development within the Mixed Use Corridor Special Study Area. These standards will be implemented through standards established in the zoning by-law. a) Lot width will generally be a minimum of 40 meters wide; b) Building height is a minimum of 2 storeys and a maximum of 3 storeys; c) Setback from public streets: generally 6 meters (minimum) but on Lambs Road the setback will be 18 meters (minimum). d) Outside storage or display of goods is not permitted. 3.7 Environmental Protection Area 3.7.1 The Environmental Protection Area within the Secondary Plan Area is identified on Map A and encompasses natural heritage features and publicly owned storm water retention and management facilities. Lands designated Environmental Protection Area shall be subject to the policies in Section 14.4 of the Municipality of Clarington Official Plan. 3.7.2 No development shall be permitted in Environmental Protection Areas. It is intended mainly for passive recreation, environmental restoration, visual relief and uses related to erosion control and storm water management. 3.7.3 An Environmental Impact Study shall only be required for development applications on lots adjacent to the significant woodlands identified on Map C. The Environmental Impact Study shall be prepared in accordance with Section 4.4.24 of the Municipality of Clarington Official Plan. 3.7.4 Bennett Creek will be slightly realigned, as shown on Map A, and restored to collect storm water, to link other open spaces within the park and to contribute towards the downstream fish habitat. 633 3.8 Urban Design Policies for Prestige Employment 1, Prestige Employment 2 and Light Industrial areas: 3.8.1 Building location and design a) Buildings at the corner of two streets must address the corner with special architectural massing and architectural detail. Landscaping should also reinforce this special corner condition. b) Main building entrances should address and be accessible from a public street as illustrated in Figures 4 and 6. c) High-quality exterior cladding materials, such as glass, steel, metal paneling, and masonry shall be used on the facades of buildings. Pre-cast paneling and exterior insulated finishing systems will not be permitted. A significant portion of a fagade's surface area must be glazed. d) Mechanical penthouses, antennae, vents, and chimneys will be screened from view or incorporated into the design of the roof. 3.8.2 Lighting and signage a) The light levels must meet IESNA guidelines for industrial development and should be located so as to mitigate impacts on adjacent residential uses; b) Exterior building lighting for nightscapes will be encouraged through the site plan process c) Signage shall be integrated into and complement the design of buildings and stand-alone and directional signage shall be incorporated into the design of the landscape. 3.8.3 Landscaping a) Areas between the building face and public right-of-way shall be attractively landscaped and fences are prohibited between the building and the street. b) In all instances, the 4m of property adjacent to the public right of way shall be landscaped. C) Landscaped areas should be located and designed to enhance the setting and image of development and provide passive amenity space. These open spaces may contain storm water facilities. d) Integration/coordination of open spaces between neighbouring properties is encouraged. 3.8.4 Access and Parking a) Any structured parking shall generally be located at the rear of buildings and screened from view from primary and secondary streets and from the highway 401corridor. Where structures face roads, high-quality exterior cladding materials and architectural details should be used. 634 b) Parking lots shall generally be located to the side and/or rear of buildings and screened from view through landscaping, c) Parking lots should be well landscaped and lit to provide safe, comfortable walking environments and minimize energy consumption. Large parking lots should be divided by islands containing a minimum of two trees and other landscaping, with at least one tree for every ten parking spaces. d) Driveways shall generally be located in between buildings. Shared driveways are encouraged. e) Servicing and loading areas shall be located at the rear of the primary building, away from public streets or appropriately screened from view of public streets in the interior side yard of the lot. Garbage facilities shall be located within the primary building. 3.9 Urban Design Policies for the Mixed Use Corridor Special Study Area 3.9.1 Building location and design a) Developments shall ensure compatibility with existing uses and with those on adjacent lands, particularly residential uses. b) Higher density land uses and taller buildings shall be permitted at intersections of arterial roads. c) Key intersections should be planned and designed to mark the entrance to the business park, establish gateways, create a strong sense of arrival, and give the business park a distinct identity. This should be achieved through the articulation of building mass and materials. Landscaping should also reinforce this special gateway condition. d) Buildings at the corner of two streets shall address the corner with special architectural massing and special fagade treatment e) To encourage pedestrian activity, buildings shall be oriented toward the street and transit services, with active uses located at ground level; 3.9.2 Lighting and Signage a) Lighting should be directed at the street for pedestrian safety and functionality and should be located so as to mitigate impacts on adjacent residential uses; b) Signage shall be integrated into and complement the design of buildings and combined where practical to prevent sign "pollution". Temporary signs shall not be permitted along Highway 2; C) Stand-alone and directional signage shall be incorporated into the design of the landscape. 635 3.9.3 Landscaping a) A consistently high quality of landscaping on private lands will be achieved that enhances streetscapes and the overall image and environment of the Mixed Use Corridor Special Study Area; b) Exterior building lighting for nightscapes will be encouraged through the site plan process. C) Landscaped islands with a minimum of two trees and shrubs to divide large parking areas are required, with at least one tree for every ten parking spaces. 3.9.4 Access and Parking a) The number and location of vehicular access points on Highway 2 shall be limited to minimize disruption to traffic flow and it will be appropriately spaced in accordance with the Arterial Road Criteria of the Regional Municipality. b) Shared parking, parking/service lanes, and access driveway entrances are encouraged. C) Driveways to access loading, servicing and parking areas shall be provided off Local Roads and Secondary Streets, wherever possible. d) Off-street parking areas, loading areas and service areas shall be screened, landscaped and located to the rear or side yard of a building to minimize adverse impacts on residential uses. Loading and service areas should not be visible from Highway 2, Lambs Road and Bennett Road; e) A Continuous sidewalk along Highway 2 should promote safe, convenient and barrier-free pedestrian travel within the site and to adjacent uses including transit stops; 3.10 Figures 3-11 and 13-19 a) contain conceptual illustrations that demonstrate the implementation of the urban design principles and road policies contained in this Secondary Plan. 4.0 Streets and Transportation 4.1 Objectives 4.1.1 To provide a balanced transportation network that encourages walking, cycling and public transit use while accommodating cars and trucks efficiently. 4.1.2 To establish a road network that provides a flexible framework for development, maximizes property frontage, and optimizes vehicular access and movement. 4.1.3 To establish an interconnected network of sidewalks that joins areas within the business park and provides links to adjacent trails and open spaces. 636 4.1.4 To develop attractive, tree-lined streets with high-quality lighting and other landscape elements that help to establish a positive, consistent image of the business park. This will also enhance the pedestrian environment and mitigate the urban heat island effect. 4.2 Policies 4.2.1 The future network of roads within and adjacent to the business park is shown on Map A. 4.2.2 Arterial roads: a) Baseline Road will be the primary entrance to the park and be constructed in two phases. The design of Baseline Road will accommodate the future expansion of two traffic lanes into four. The extra width between the sidewalk and the road in the first phase will become travel lanes in the second phase. It should have a right-of-way width of 36 meters to ultimately accommodate future lane expansion. Extensive streetscaping is recommended. (See Fig. 13). b) Lambs Road will connect north to the emerging residential neighbourhood. It will accommodate four lanes of traffic and eventually connect with the new interchange at Highway 401. Land should be secured so that once the Ministry of Transportation has completed their study of the preferred interchange location, construction can occur). The Lambs road right of way width should be 30 meters in its ultimate configuration. (See Fig. 14) C) Bennett Road runs north-south along the eastern edge of the business park and will for the interim period, until the new interchange at Lambs Road and Highway 401 has been constructed, serve as the main connection route to Highway 401. The right-of way width should be 30 meters to accommodate sidewalks on both sides, landscaped boulevards, and two traffic lanes.(See Fig.16) 4.2.3 Collector Roads: a) Innovation Drive will reinforce the identity and prominence of the Holburn Research facility as the catalyst in the development of the business park. Innovation Drive will be a gateway to the business park welcoming workers and visitors to the site. Extensive streetscaping is recommended. (See Fig. 15) b) Haines Street runs north-south and forms the "interface" between the existing industrial area to the west and the new industrial lands to the east. 637 The right-of way width should be 23 meters to accommodate sidewalks on both sides, landscaped boulevards, and two traffic lanes (See Fig.19a). C) Promenade Drive or the "Promenade" will provide a more formal north- south street in the eastern half of the business park. Trees will line either side of the sidewalk. The road accommodates two-lanes of traffic in addition to a parking lane. The "Promenade" is an integral part of the public realm and will significantly enhance visual connections from highway 401 to the interior of the park. The right of way width shall be 23 meters. Extensive streetscaping is recommended. (See Fig. 19) 4.2.4 Local Roads: a) Discovery Drive will create a modified grid road network, connect paths throughout the business park, and provide an alternative circulation movement from the regional roads. It will be the road that connects all places within the park and its right of way width shall be 23 meters. (See Fig. 18) b) Ravine Drive and other local roads will complete the main elements of the street network. In conjunction with development of the business park these roads will be constructed and/or upgraded to a right of way width of 20 meters, accommodating landscaped borders, sidewalks, and boulevards with street trees. (See Fig.17) 4.2.5 For the comfort and safety of pedestrians, curb radii shall generally be 5-8 meters. 4.2.6 Additional Local Roads and private streets to those shown on Map A may be permitted to subdivide land, serve development and improve the efficiency of the road network. Such roads and streets shall respect the overall grid pattern of blocks, have right-of-way widths of 20-23 meters, and generally be designed and built to municipal standards. See Fig. 18. 4.2.7 Traffic signals will be installed at the Hwy 2 and Lambs Road intersection to accommodate future intended functions of Lambs Road, Hwy 2, Baseline Rd and Bennett Road. 4.2.8 An Access Management Plan, with specific attention to access along Highway 2, may be considered in conjunction with the detailed transportation review at such time that the land uses have been finalized. 4.2.9 The intersection configurations at major road intersections and the alignment of other future local roads are subject to further detailed study and may be altered without amendment to this Plan. 638 4.2.10 The Municipality, Durham Region and GO Transit will work cooperatively to develop a long-term public transit strategy for the business park. 4.2.11 Council will require that applications for the development include a Travel Demand Management (TDM) Plan, The intent of the TDM Plan shall be to implement and promote measures to reduce the use of low-occupancy and low- mileage automobiles for trips and to increase transit use, cycling and walking. To that end, measures to be considered include organizing and promoting car pooling, providing cycling amenities, providing financial subsidies for transit passes and other measures that may be identified by Municipal staff. 4.2.12 Cognizance will be given to the 14 meters buffer on both sides of Hwy, 401. These lands should not be developed until such time that the future widening of Highway 401 has been confirmed. 5.0 Open Space and Landscaping 5.1 Objectives 5.1.1 The open space network will encourage the integration of ecological functions with servicing and building design. 5.1.2 To establish where appropriate connected open spaces that manage stormwater, provide visual relief and outdoor amenities for employees and provide wildlife habitats. 5.1.3 To maximize stormwater infiltration and minimize stormwater runoff. 5.1.4 To maximize the use of the trail network as a source of connectivity through the business park. 5.1.5 To highlight the use of the stormwater pond as an important Business Park amenity and focus for the business park's open space network. 5.2 Policies 5.2.1 The open space network will use the natural features of the site to enhance pedestrian activity and develop the business park's identity. 5.2.2 Bennett creek will become a spine for the business park's open space network. Future buildings along the channel will integrate the storm water system into their landscape design, creating a cohesive development pattern along this important natural feature. A continuous connected trail network will be created along the Bennett creek channel. 639 5.2.3 The storm water pond should be designed as part of the park's "gateway" in anticipation of the future re-location of the interchange. 5.2.4 Linking private open spaces, to promote visual connectivity, shall be encouraged. 5.2.5 Storm water management swales shall be incorporated into the planning and design of open spaces. 5.2.6 To enhance the image of the business park and help achieve the goal of environmental sustainability, the following measures and techniques related to landscape design, construction and maintenance shall be encouraged: a) Preserving existing stands of trees and hedgerows, and integrating them into new open space systems; b) Identification and re-establishing the habitat of native flora and fauna, and managing such areas appropriately; C) The use of native plants; d) Locating and selecting plants to provide climate protection for buildings and employees, for example, using deciduous trees with large canopies planted on heavily-glazed south sides of buildings and at the periphery of parking lots to reduce and redirect sun exposure in summer; e) Coordinating landscaping treatments among neighbouring developments; f) The use of swales to channel storm water runoff from parking areas to ponds; g) The use of landscapes drainage basins internal to large parking areas; h) The use of permeable materials instead of paving for walkways, driveways and parking areas, where feasible; i) Selecting, designing and operating outdoor lighting, where required, to conserve energy and minimize light pollution. j) Storm water management systems shall be integrated into the design of buildings and the landscape. k) Natural water courses shall be retained wherever possible. 5.2.7 Naturalized landscape areas for the benefit of wildlife habitat and reduction in water use are encouraged provided appropriate landscape management practices are followed. 5.2.8 Storm water management should be seen as an amenity, enhance the image of the business park, and be incorporated into the planning and design of open spaces, buildings, and paved areas. Storm water retention ponds and other elements should contribute to a business park-like setting and establish connections to other open space amenities. 5.2.9 As the site is "urbanized", elements of its rural heritage should be preserved where appropriate. 640 5.2.10 Preserve the unimpaired views of the study area from Highway 401 and enhance these views. 5.2.11 Landscaping of road right of ways should adhere to section 5.3 Landscaping of the Region of Durham Arterial Corridor Guidelines (November 2005): a) Plan the location of sidewalks, driveways and utilities around existing healthy trees; b) Invest in the longevity of landscaping with proper planting and care. c) Seek permission from adjacent landowners to plant on their properties, if the right-of-way is too narrow to support plantings; d) Plant deciduous trees between the curb and the sidewalk; e) Plant trees at grade; f) Plant trees further from the curb on wide, high-speed roads, to protect them from harmful salt spray, strong winds, fumes and heat reflected from the road. 6.0 Servicing 6.1 Objectives 6.1.1 Generally, development shall proceed on the basis of full municipal water and sanitary services being in place at building occupancy. However, temporary alternative methods might be considered with the approval of the Regional Municipality of Durham., 6.1.2 A centralized storm water management facility, in accordance with the Master Drainage Plan, will provide an appropriate set of collection system improvement in anticipation of future development. Any development that precedes the construction of this pond will require property owners contributing their proportionate share towards the construction thereof, but will not exempt the developer/owner from providing temporary on-site detention and control facilities. 6.1.3 Development proposals shall incorporate on-site controls such as green roofs, porous paving materials and other infiltration and detention facilities, according to the requirements of the Bennett Creek Master Drainage Plan. 6.1.4 It is the objective of this Plan to re-align and restore the Bennett Creek tributary as part of the redevelopment area, through: a) The dedication of the blocks required to reestablish this channel through the development process; b) The planting of appropriate vegetation; C) Implementing storm water management controls to improve surface water flows. 641 6.2.7 All utilities shall be buried below grade in the street right-of-way, in easements, or beneath trails where required. For ease of access and maintenance, shared utility trenches are encouraged. 6.2.8 Council will require that development applications include a Sustainability Plan. Sustainability Plans shall consider, but not be limited to the following techniques to reduce storm water runoff, improve water quality and conserve energy: a) Rain barrels or cisterns to capture rainwater for reuse in landscape irrigation and other non-potable water applications; b) Vegetated swales to filter and detain storm water; C) Porous surfaces for pathways, patios and parking lots to allow infiltration of storm water; d) Grey water systems that capture storm water runoff and other grey water for reuse in toilets and industrial operations; e) The use of renewable energy sources for building systems and exterior lighting, such as solar, wind and geothermal; f) Cogeneration, i.e., capturing and using heat from power generation; g) Green roofs; h) Other techniques encouraged by the policies of this Secondary Plan and which may be identified by Municipal staff. i) Techniques outlined in Section 7.2.8 of this plan. 7.0 Building Design and Construction 7.1 Objectives 7.1.1 To facilitate and promote "green" buildings, i.e., buildings that incorporate certified energy-saving and environmentally-friendly techniques. All buildings should LEED's certified at the Silver level. 7.1.2 To utilize and demonstrate new building sciences that maximizes energy conservation and efficiency. 7.1.3 To maximize the life span of buildings. 7.1.4 Promote and enforce good design practices to ensure the business park maintains a consistent, high-quality image and sense of place. 7.1.5 Provide for excellence in building design and landscaping to create an identity that will distinguish the business park as a unique place within the Greater Toronto Area. 642 7.2 Policies 7.2.1 Best practices in "green" development should apply to all elements within the Business Park, including buildings, landscaping, parking, servicing and other infrastructure. LEEDTM standards are required. 7.2.2 Seven buildings have been identified by the Clarington Heritage Committee as cultural heritage resources (See Fig. 12). These structures will be incorporated into the redevelopment of a site, where practical and in accordance with Section 8.3 (Policies on Cultural Heritage) in the Clarington Official Plan 7.2.3 Building signage must be incorporated into, and coordinate with, the architecture of the building. Stand-alone and directional signage shall be incorporated into the design of the landscape. 7.2.4 Main building entrances must address and be accessible from a primary or secondary road. Building location and design should take advantage of open space vistas. 7.2.5 Building construction and operation methods that minimize the use of non- renewable energy and use recycled and locally-produced materials shall be y encouraged. 7.2.6 Buildings flexibly designed to meet the potentially changing needs of current and y future businesses shall be encouraged. 7.2.7 High-quality exterior cladding materials, such as glass, steel, metal paneling and masonry, shall be used on the facades of buildings fronting primary streets and pre-cast paneling and exterior insulated finishing systems generally shall not be permitted on facades facing these roads. 7.2.8 Energy conservation measures and techniques in building design shall be encouraged. These may include: a) Windows that open to allow for natural ventilation and reduce the use of air conditioning; b) Glazing on the south side of a building to maximize direct sunlight in winter; C) Sun louvers to minimize direct sunlight in summer; d) Green roofs - roofs that are partially or completely covered with plants to minimize water runoff and improve building insulation. 643 8.0 IMPLEMENTATION 8.1 Zoning By-law Amendments for lands within the Clarington Science and Technology Business Park shall conform to this Secondary Plan. 8.2 The review and approval of Site Plan Applications for lands within the business park shall be guided by the policies of this Secondary Plan. 8.3 Applications for Plans of Subdivision for lands within the business park shall include a Phasing Plan. Phasing Plans shall establish the order of private development and the staging of construction of landscaping, public infrastructure and services. The Phasing Plan shall take into account the responsibility for construction of the public infrastructure and services and shall be considered by the Municipality in enacting Zoning By-law Amendments and recommending Plans of Subdivision for approval. 8.4 The Municipality will work with landowners and the Regional Municipality of Durham to develop an Infrastructure Master Plan for the phasing and financing of roads, municipal water and sanitary sewer and stormwater facilities to the business park. 8.5 In addition to the provisions of Section 23.4.2 of the Official Plan, Holding Symbols may be used to ensure achievement of the policies of this Secondary Plan. Prior to the lifting of a Holding Symbol, the following provisions apply in respect to the Secondary Plan Area: a) plans for the proposed development must show that the proponent has successfully implemented the Urban Design Policies and transportation objectives of this Secondary Plan to the satisfaction of the Municipality; and b) arrangements have been made satisfactory to the Municipality and the Region of Durham for the proponent's contributions and dedications to the Sustainability and Infrastructure Management Plans referenced in Sections 6.2.8 and 8.4. 8.6 The Municipality will work with the Regional Municipality of Durham to expedite the provision of municipal services to allow development of the business park. 8.7 The Municipality will work with the Regional Municipality of Durham to expedite the completion of a Special Study for the lands designated "Mixed Use Corridor Special Study Area" within this Secondary Plan; 8.8 The Municipality will make provision in future budgets for the acquisition of the relevant portion of lands bounded by Baseline Road, Haines Road and the 401 Highway for the establishment of a centralized storm water pond for the business park; 644 8.9 The Municipality, in consultation with the Regional Municipality of Durham, will prepare a Streetscape Implementation Plan to ensure quality of streetscape and consistency in design along local roads and roads under regional jurisdiction. 8.10 The Municipality, through Development Charges Levy, will make provision for streetscaping within local road right of widths, and encourage the Regional Municipality of Durham to follow suit. 8.11 The Municipality will explore the different tools available to promote and stimulate the development of the business park. 9.0 INTERPRETATION 9.1 Some flexibility in the interpretation of the policies contained in this Secondary 04 Plan is permitted provided that its general intent is maintained. The boundaries of land use areas are approximate and shall be defined by the precise alignment of new streets or implementing Zoning By-laws. 9.2 The Figures contained in Appendix 1 of this Secondary Plan are for illustrative purposes and are not to be considered prescriptive. 9.3 The policies of this Plan shall be interpreted in conjunction with the applicable policies of the Clarington Official Plan. In the event of a conflict between the provisions of the Official Plan and this Plan, the Secondary Plan shall prevail. 9.4 Definitions Life Sciences The study of living things: a branch of science that is concerned with plants, animals, and other living organisms and includes research and development in pharmaceutical and medicine manufacturing, medical devices and health and non-health biotechnology. Information and Communication Technology The technology required for information processing. In particular the use of electronic computers and computer software to convert, store, protect, process, transmit, and retrieve information from anywhere, anytime. It includes computer hardware and software development, telecommunications equipment manufacturing, telecommunications service providers and associated service providers. Biotechnology The application of biological knowledge and techniques pertaining to molecular, cellular and genetic processes to develop products and services. 645 4 ■ Clarington Science and Technology Business Park Area Boundary N Light Industrial Area ® Prestige Employment 1 ® Mixed Use Corridor Special Study Area ® Prestige Employment 2 Environmental Protection Area MAP A LAND USE AND PRIMARY ROADS CLARINGTON SCIENCE AND TECHNOLOGY BUSINESS PARK SECONDARY PLAN JANUARY 2, 2007 THIS CONSOUDATION IS PROVIDED FOR CONVENIENCE ONLY AND REPRESENTS REQUESTED MODIFlGT1ONS AND APPROVALS Exhibit "A", Amendment No. 57 To The Municipality of Clarington Official Plan, Map A3, Land Use, Bowmanville Urban Area M M a M M 'ODNCE9510N�ROAO] M M C. • NP i M D2< DEFERRED B 1 THE REGION V OF DURHAM M OM M 1 0 M M M M M M M M P 1 M O O i M 8 i SPECIAL POLICY i AREA E CONCE93KIN STREET M M M i " M ` M " to Change From "General M 1 _ Industrial" To "Business Park" 1 M Change From "Prestige ! " M Employment" To "Business Park" I M M ■ M OM M M O O MP 1 a ji ' o � � M »• Change From "Light 1 Industrial" To "Business Park" ue c� _ � R a rQ Z)_ `�a rn: do ti 4. Change From "Prestige ICY ° Employment To Business Park" RIL . 'BPELIAL :O ..�.'� f_!AREA C^�4�n: .- POLICY.. SPECIAL J• �..J•' POLICY �11 Q�, Add Business Park - •� �✓" ��-• To Legend ` 4 5:�: d D b.•a �:�rC7• o.•r o. o. (h' PRESTIGE TOURISM NODE Q- •�Q 4 IL� D EMPLOYMENT AREA LIGHT PUBLIC ® INDUSTRIAL AREA SECONDARY SCHOOL URBAN BOUNDARY GENERAL SEPARATE .� 132 A INDUSTRIAL AREA SECONDARY SCHOOL / •} FUTURE In PRIVATE ® URBAN RESIDENTIAL BUSINESS PARK SECONDARY SCHOOL LAKE ONTARIO URBAN RESIDENTIAL UTILITY PUBLIC ELEMENTARY SCHOOL MEDIUM RESIDENDT ALSITY PROTEOCTION AREA ELEMENTARY SCHOOL MAP A3 � HIGH DENSITY GREEN SPACE PRIVATE RESIDENTIAL ELEMENTARY SCHOOL LAND USE WATERFRONT SECONDARY BOWMANVILLE URBAN AREA TOWN CENTRE GREENWAY PLANNING AREA y OFFICIAL PLAN CENTRE COMMUNITY COMMUNITY PARK 000000 SPECIAL POLICY AREA MUNICIPALITY OF CLARINGTON HIGHWAY COMMERCIAL ® DISTRICT PARK • SPECIAL STUDY AREA JANUARY 2.2007 Tws co�+soLroATlox is PROVIDSD wn corvEnlEr+cE OnLr AGGREGATE ® NEIGHBOURHOOD ��. GO STATION u+o nEPPESEHTS NEOOESTED r—i-ATI—S AND APPROVAL EXTRACTION AREA PARK I b47 Exhibit "B", Amendment No. 57 To The Municipality of Clarington Official Plan, Map 133, Transportation, Bowmanville Urban Area ih 1 • 1 • / F I 0 200 400 600 800 m r? i 200 m 1 1 1 CONCESSION ROAD 3 J 1 0 I 1 1 / / 1 1 I 1 i AVENUE _ ------- oR --- -----------�- - ----I Cr ' GN:•' 1 � r �•'' ' gad• � 1 1 ' P / 1 � I Ld 1 Cr .^�` ----------- -- --- ----+------- ---- ----- -----+ \ ,� CONCESSION STREET Iy 1 I .y - to 1 1 _/ p 51 w \\ WI �1 QI Kf u d IQ A ` 1 \ 1 m � � KING STREET � g Z \ 1 m1 p I p RE-ALIGN COLLECTOR ROAD BASEUNE ROAD I 1 /J - 1 �. CA(R 1 / \ 1 � 1� J L41(E ONTAR/O URBAN BOUNDARY MAP B3 ..< FREEWAY TRANSPORTATION o TYPE A ARTERIAL TYPE B ARTERIAL BOWMANVILLE URBAN AREA ------------ TYPE C ARTERIAL OFFICIAL PLAN EXISTING FUTURE COLLECTOR ROAD MUNICIPALITY OF CLARINGTON — REGIONAL TRANSIT SPINE JANUARY 2, 2007 ...: -::-± FREEWAY INTERCHANGE INTER—REGIONAL REFER TO SECTION 19 O TRANSIT LINE�� GRADE SEPARATION �� TRANSIT STATION THIS CONSOUDKnON IS PROVIDED FOR CONVENIENCE ONL AND REPRESENTS REOUESTED MODIFICATIONS AND APPROVALS a w 7g w y Q W O 4 J W Z� a z W a z =! z a N J z� N �� 1 _ z z FO " gw > Y Z z pa '� z �n V � � - I a O a J O v U +>k+ O • J(p � U wW a z U z = t o C. Q W U (Q = J Y y w � Sao§ °o d z O CL 3 � � 4 w LO ~ m ~ LO z W O Nil m " LO '1 e � r IE f-I:I ill \ w _ W 649 V t C y. V E� O M „ lk .:f a Lu V d 1 Aa EL cl 7-9P e - a a q O E a � w c M c - E � 650 4� 0) CJ1 J Fig.4 Prestige Employment-1 Corner Condition walkway property line buffer border lsidewalkl boulevard I parking Ian Fig.5 Setback-Prestige Employment 1 W i 404_7 A CIO � OCR °f° 4 cm p q ems so ce 43 _- a a .� 40 .; nw aw - _ cM. IM — m• awa. f r ► ca Fig.6 Prestige Employment 2 pwpeRy Ilse walkway I parking I driveway I buffer I border Isldewalkl boulevard I parking lane I travel lane I travel lane Fig 7 Setback-Prestige Employment 2 rn cn .p iir11111Cai..:. � "mq`J'YW 1& n properly line 'romenade Drive walkway I Parking driveway I buffer � border �WewNkl bouMvard I pvkMglaM Fig 8 Setback-Prestige Employment 2 rn Cn Cn CD U 0) Fig.9 Light Industrial Fig.10 Setback-Light Industrial rn cn v I � i �. M OAM; i building massing shared parking shared 6096 minimum oriented towards r r drivewa ay frontage comer � dy t — active uses + at ground level MAI 4 C • r 4. am. accessto r: underground ' parking from back of am development sb s aharerl sprvico,parking lane IMP 9 rn CA OD Integr ate new development with exlsting uses-and form continuous sidewalk �6m set back .' m ®: I � I shared service/parking lane Fig.11-mixed use corridor 0 L. HfG{-W"MA I i = i z a _ O o o m i � R w Im LEGEND ®Primary ®Secondary 0 Heritage Merit Baseline Road PHASE 1 rr.T w...• ..w..s .. ..,.. 2_Sm 1.5m 3.Om �4.25m 4.25m SAM 36m R.O.W. IS..Sm Fig.13 ` i • i ��`'j: Pt ` �s M9 .p Baseline Road „�- =`i`�•i - PHASE 2 2.Sm 1.qm 3.qm 1.3111 3Aw1 3.5m SAM ISM - 3.3m IAm 3.Om 1!m 2.5m 36m R.O.W. Fig.13 Lambs Road PHASE 1 fr F v,j X s sip .. ,e "' c5a ...` WPM" IIiMMFI MrM on Nk aw bd. Dim 1.10" u■ 4.90 1.IM 3.0 m I.-So 220 30.s o.w a tti 1' Lambs Road M:IY V�ta'Mll� M�i.1m. e.�lw. InM YnI Irlwl!�+ •�wl��+ lrwd u�w M�Iw+ W.+a0 llh�tlt OnM� PHASE 2 2.0- t5r. 3.1i. 1.5. 3.5m I.S. 70 m R.O.W, rn rn .L Fig.14 Innovation Drive 3.5m 1.5m 3.Om 5.0 m 5X. 21m R.O.W. 3.0m I.Sm 1.6 m Bennett Road 30 m R.O.W. Fig.15 0) Fig.16 0) N) Local Road Hearn Avenue @ f.Sm 7.4m ESm 7.Em 7.6 m !An 1.00 e ]Om RAW Fig.17 - +�' ��.° '� • 4�y p -3" r^�`, ` �.,;t rat r�.� y4,��"xxh'`>FP1? """� T y "t" Q ,,PS '.:�`, ,y i ARM J� Discovery Drive 725 1.5m 3.0 m 2.6m» 3.Em J..Sm 3.0m I.S. 2.15M 7E m R.O.ri. rn rn w Fig.18 4 f + t{ter < +�p "� tfjfa p i p✓ .p,�'i �' °'£'<�r 't}*+,;, rq+�»:� �r t.r"y .4 G�y1. �"1'K"r rM`� : 'i tq�?n/.� � aY'i�#^s, &X siaiy��rt t.. a Promenade Drive rn, ,.«.,. „«... ..«, MM LIM 3.Om 7.5m Y5w 2,5m 30m tdw 2.25M —« 23m R.O.W. Fig.19 Haines.Road Mn Mw * ,.w... -- —,— ..,..,.— . .,,,,..... '—. m«. LIDO Y.M 3.M 7.f w Lf n 3.Om I.Mn 2.7Dm 23M R.O.W. rn Fig.19a rn Attachment 4 To Report PSD-111-07 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 Corporation of the former Town of Newcastle in accordance with the policies contained in Amendment #57 to the Clarington Official Plan (COPA 2007-0011) to implement the Clarington Science and Technology Business Park and the rezoning application ZBA 2007-0036; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a new subsection 23E as follows: "SECTION 23E 23E SCIENCE AND TECHNOLOGY PARK PRESTIGE1 (MP1)ZONE 23E.1 DEFINITIONS For the purposes of this zone,the following definitions apply; Business or Administrative Office shall mean an establishment in which one or more persons are employed in conducting, managing, or administering a business. The term business or administrative office includes the administrative offices of a government agency or a non-profit organization. Convention Centre shall mean an establishment having facilities for meetings, seminars, exhibitions, workshops and other similar activities and may include dining facilities to serve participants but does not include sleeping accommodation. Drive-Through Facility shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. Fitness Centre shall mean an establishment that provides facilities for recreational or athletic activities, including but not limited to body-building and exercise classes. Life Science shall mean the study of living things: a branch of science that is concerned with plants, animals, and other living organisms and includes research and development in pharmaceutical and medicine manufacturing, medical devices and health and non-health biotechnology. Light Industry shall mean an industry which is engaged in assembly, manufacturing, fabricating or processing activities that are not offensive or not likely to be offensive by reason of the amount of noise, smoke, odour, emissions, or vibration produced therein, but excludes a recycling facility, a waste management or processing facility or a waste incineration facility. 665 Research and Development Facility shall mean an establishment used for the purpose of conducting pure and applied research and experimentation and includes such facilities as administrative offices, laboratories, lecture rooms, display rooms, pilot units, simulating equipment and the like and service and machine shops to serve the research and development facility. 23E.2 PERMITTED USES No person shall within the Science and Technology Prestige 1 (MP1) Zone use any land or erect, alter or use any building or structure except as specified hereunder: i) business or administrative office related to Information and Communication Technology or Life Science; ii) university or college facilities related to Information and Communication Technology or Life Science; iii) commercial school related to Information and Communication Technology or Life Science; iv) research and development facility related to Information and Communication Technology or Life Science; v) light industries related to Information and Communication Technology or Life Science; vi) hotel; vii) convention centre; viii) fitness centre, ancillary to the uses listed in Section 23E.2 i)to v); ix) eating establishment without a drive-through facility, ancillary to the uses listed in Section 23E.2 i)to v). 23E.3 REGULATIONS a) Lot Area (minimum) 1 hectare b) Lot Frontage (minimum) 100 meters c) Yard Requirements: i) For lots fronting onto Discovery Drive(a future public street shown on Schedule 1), Bennett Road or Lambs Road Front Yard 30 meters(minimum) Exterior Side Yard 30 meters (minimum) Interior Side Yard 6 meters (minimum) ii) For lots fronting onto other roads Front Yard 8 meters (minimum) Exterior Side Yard 8 meters (minimum) Interior Side Yard 6 meters (minimum) iii) Rear Yard 10 meters (minimum) With the exception that the Rear or Side Yard adjacent to Highway 401 is 24 meters (minimum) d) Lot Coverage(maximum) 50% e) Building Height 9 meters (minimum) f) Landscape Open Space(minimum) 40% g) Landscaping Strip Width Requirements(minimum) i) For lots fronting onto Discovery Drive(a future public street shown on Schedule 1), Bennett Road or Lambs Road 666 Front and Exterior Side Yard 10 meters Rear and Interior Side Yard 4 meters ii) For lots fronting onto other roads Front, Rear, Exterior and Interior Side Yards 4 meters h) No outside storage or outside garbage facilities shall be permitted. i) A maximum of 12 parking spaces is permitted within the required Front Yard or the Exterior Side Yard. 2. Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a new subsection 23F as follows: "SECTION 23F 23F SCIENCE AND TECHNOLOGY PARK PRESTIGE 2 (MP2)ZONE 23F.1 DEFINITIONS For the purposes of this zone, the following definitions apply; Business or Administrative Office shall mean an establishment in which one or more persons are employed in conducting, managing, or administering a business. The term business or administrative office includes the administrative offices of a government agency or a non-profit organization. Convention Centre shall mean an establishment having facilities for meetings, seminars, exhibitions, workshops and other similar activities and may include dining facilities to serve participants but does not include sleeping accommodation. Drive-Through Facility shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. Fitness Centre shall mean an establishment that provides facilities for recreational or athletic activities, including but not limited to body-building and exercise classes. Information and Communication Technology shall mean the technology required for information processing. In particular the use of electronic computers and computer software to convert, store, protect, process, transmit, and retrieve information from anywhere, anytime. It includes computer hardware and software development, telecommunications equipment manufacturing, telecommunications service providers and associated service providers. Life Science shall mean the study of living things: a branch of science that is concerned with plants, animals, and other living organisms and includes research and development in pharmaceutical and medicine manufacturing, medical devices and health and non-health biotechnology. Light Industry shall mean an industry which is engaged in assembly, manufacturing, fabricating or processing activities that are not offensive or not likely to be offensive by reason of the amount of noise, smoke, odour, emissions, or vibration produced therein, but excludes a recycling facility, a waste management or processing facility or a waste incineration facility. Research and Development Facility shall mean an establishment used for the purpose of conducting pure and applied research and experimentation and includes such facilities as lecture rooms, administrative offices, laboratories, display rooms, pilot units, simulating equipment and the like and service and machine shops to serve the research and development facility. 667 23F.2 PERMITTED USES No person shall within the Science and Technology Prestige 2 (MP2) Zone use any land or erect, alter or use any building or structure except as specified hereunder: i) business or administrative office related to Information and Communication Technology or Life Science; ii) university or college facilities related to Information and Communication Technology or Life Science; iii) commercial school related to Information and Communication Technology or Life Science; iv) research and development facility related to Information and Communication Technology or Life Science; v) light Industry related to Information and Communication Technology or Life Science; vi) convention centre; vii) day nursery, ancillary to the uses listed in Section 23F.2 i)to v); viii) fitness centre, ancillary to the uses listed in Section 2317.2 i)to v); ix) financial office, ancillary to the uses listed in Section 23F.2 i)to v); x) eating establishment without a drive-through facility, ancillary to the uses listed in Section 23F.2 i)to v). 23F.3 REGULATIONS a) Lot Area (minimum) 8000 mz b) Lot Frontage(minimum) 80 meters c) Yard Requirements i) For lots fronting onto Baseline Road, Discovery Drive, Innovation Drive, (future public streets shown on Schedule 1), Bennett Road or Lambs Road: Front Yard 18 meters (minimum) with the exception that on Promenade Drive the setback is 26 meters (minimum) Exterior Side Yard 18meters (minimum) with the exception that on Promenade Drive the setback is 26 meters (minimum) Interior Side Yard 6 meters (minimum) Rear Yard 6 meters (minimum) With the exception that a rear yard facing Baseline Road, Discovery Drive, Innovation Drive, (future public streets shown on Schedule 1), Bennett Road or Lambs Road is 18 meters (minimum) With the exception that on Promenade Drive the rear setback is 26 meters (minimum); With the exception that a rear yard facing the CM1 Zone is 10 meters(minimum), and With the exception that a rear yard facing a public open space is 2 meters (minimum) ii) For lots fronting onto other roads Front Yard 8 meters(minimum) Exterior Side Yard 8 meters (minimum) Interior Side Yard 6 meters(minimum) 668 Rear Yard 6 meters(minimum) With the exception that a rear yard facing the CM1 Zone is 10 meters(minimum) d) Lot Coverage(maximum) 60% e) Building Height(minimum) 9 meters f) Landscape Open Space (minimum) 30% g) Landscaping Strip Width Requirements (minimum) i) For lots fronting onto Discovery Drive, Innovation Drive and Promenade Drive (future public streets shown on Schedule 1), Baseline road, Bennett Road or Lambs Road Front and Exterior 10 meters Rear and Interior Side Yard 4 meters ii): For lots fronting onto other roads Front and Exterior Side Yards 4 meters Interior Side and Rear Yard 2 meters h) No outside storage or outside garbage facilities shall be permitted. i) A maximum of 12 parking spaces is permitted within the required Front Yard or the Exterior Side Yard. 3. Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a new subsection 23G as follows: "SECTION 23G 23G SCIENCE AND TECHNOLOGY PARK LIGHT INDUSTRIAL(MP3)ZONE 23G.1 DEFINITIONS For the purposes of this zone,the following definitions apply: Business or Administrative Office shall mean an establishment in which one or more persons are employed in conducting, managing, or administering a business. The term business or administrative office includes the administrative offices of a government agency or a non-profit organization. Drive-Through Facility shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. Information and Communication Technology shall mean the technology required for information processing. In particular the use of electronic computers and computer software to convert, store, protect, process, transmit, and retrieve information from anywhere, anytime. It includes computer hardware and software development, telecommunications equipment manufacturing, telecommunications service providers and associated service providers. Life Science shall mean the study of living things: a branch of science that is concerned with plants, animals, and other living organisms and includes research and development in pharmaceutical and medicine manufacturing, medical devices and health and non-health biotechnology. Light Industry shall mean an industry which is engaged in assembly, manufacturing, fabricating or processing activities that are not offensive or not likely to be offensive by reason of the amount of noise, smoke, odour, emissions, or vibration produced therein, but excludes a recycling facility, a waste management or processing facility or a waste incineration facility. 669 Research and Development Facility shall mean an establishment used for the purpose of conducting pure and applied research and experimentation and includes such facilities as lecture roams, administrative offices, laboratories, display rooms, pilot units, simulating equipment and the like and service and machine shops to serve the research and development facility. 23G.2 PERMITTED USES No person shall within the Science and Technology Park Light Industrial (MP3) Zone use any land or erect, alter or use any building or structure except as specified hereunder: i) business or administrative office related to Information and Communication Technology or Life Science; ii) university or college facilities related to Information and Communication Technology or Life Science; iii) commercial school related to Information and Communication Technology or Life Science; iv) research and development facility related to Information and Communication Technology or Life Science; v) light Industries related to Information and Communication Technology or Life Science; vi) warehousing ancillary to the uses listed in Section 23G.2 i)to v) ; vii) eating establishment without a drive-through facility, ancillary to the uses listed in Section 23G.2 i)to v). 23G.3 REGULATIONS a) Lot Area (minimum) 4000,m2 b) Lot Frontage(minimum) 50 meters c) Yard Requirements i) For lots fronting onto Lambs Road Front Yard and Exterior Side Yard 18 meters (minimum) Interior Side Yard 4 meters (minimum) Rear Yard 4 meters (minimum) With the exception that a rear yard facing Lambs Road 18 meters (minimum) With the exception that a rear yard facing the CM1 Zone is 10 meters (minimum) ii) For lots fronting onto other roads Front Yard and Exterior Side Yard 6 meters (minimum) Interior Side Yard 4 meters (minimum) Rear Yard 4 meters (minimum) With the exception that a rear yard facing the CM1 Zone is 10 meters (minimum) d) Lot Coverage(maximum) 60% e) Landscape Open Space (minimum) 20% f) Building Height(minimum) 6 meters g) Landscaping Strip Width Requirements (minimum) i) For lots fronting onto Lambs Road Front and Exterior Side Yard 10 meters Rear and Interior Side Yard 2 meters 670 ii) For lots fronting onto other roads Front and Exterior Side Yards 4 meters Interior Side and Rear Yard 2 meters h) A maximum of 6 parking spaces is permitted within the required Front Yard or the Exterior Side Yard. 23G.4 REGULATIONS FOR SERVICING, LOADING AND GARBAGE AREAS Servicing, loading and garbage areas shall be located in the rear or interior side yard and shall be screened from view. Servicing and loading areas in an interior side yard shall be set back a minimum of 10 metres from the front of the building. 23G.5 REGULATIONS FOR OUTSIDE STORAGE a) Outside storage is limited to 25%of the building area and a maximum of 10% of the lot and it must be screened from public view and adjacent properties b) Maximum height of outdoor storage area 3 meters C) Outside storage of materials shall be screened from public streets adjoining the lot by a combination of buildings, berms or landscaping. 4. Section 23"LIGHT INDUSTRIAL(M1)ZONE'is hereby amended by introducing a new subsection 23H as follows: "SECTION 23H 23H SCIENCE AND TECHNOLOGY PARK MIXED USE (MP4)ZONE 23H.1 DEFINITIONS For the purposes of this zone,the following definitions apply; Business or Administrative Office shall mean an establishment in which one or more persons are employed in conducting, managing, or administering a business. The term business or administrative office includes the administrative offices of a government agency or a non-profit organization. Drive-Through Facility shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. Information and Communication Technology shall mean the technology required for information processing. In particular the use of electronic computers and computer software to convert, store, protect, process, transmit, and retrieve information from anywhere, anytime. It includes computer hardware and software development, telecommunications equipment manufacturing, telecommunications service providers and associated service providers. Life Science shall mean the study of living things: a branch of science that is concerned with plants, animals, and other living organisms and includes research and development in pharmaceutical and medicine manufacturing, medical devices and health and non-health biotechnology. Research and Development Facility shall mean an establishment used for the purpose of conducting pure and applied research and experimentation and includes such facilities as lecture rooms, administrative offices, laboratories, display rooms, pilot units, simulating equipment and the like and service and machine shops to serve the research and development facility. 671 23H.2 PERMITTED USES No person shall within the Science and Technology Park Mixed Use (MP4) Zone use any land or erect, alter or use any building or structure except as specified hereunder: i) dwelling units existing at the date of passing of this By-law; ii) business or administrative office related to Information and Communication Technology or Life Science; iii) commercial school related to Information and Communication Technology or Life Science; iv) research and development facility related to Information and Communication Technology or Life Science; v) convention centre; vi) fitness centre, ancillary to the uses listed in Section 23E.2 ii)to iv); vii) eating establishment without a drive-through facility, ancillary to the uses listed in Section 23E.2 ii) to iv). 23H.3 REGULATIONS a) Lot Area (minimum) 3000m2 b) Lot Frontage(minimum) 40 meters c) Yard Requirements i) Front Yard and Exterior Side Yard 6 metres (minimum)to 8 meters (maximum) ii) Interior Side Yard (minimum) 2 meters iii) Rear Yard (minimum) 10 meters with the exception that where it faces a public open space the setback is 2 meters d) Lot Coverage(maximum) 60% e) Landscape Open Space(minimum) 10% f) Building Height(minimum) 2 storeys and maximum 3 storeys g) Landscaping Strip Width Requirements (minimum) i) Front Yard and Exterior Side Yard 4 meters ii) Interior Side Yard and Rear Yard 2 meters 23H.4 REGULATIONS FOR SERVICING, LOADING AND GARBAGE AREAS a) Servicing, loading and garbage areas shall be located in the Rear or Interior Side Yard and shall be screened from view. Servicing, loading and garbage areas in an interior side yard shall be set back a minimum of 10 metres from the front of the building. 23H.5 REGULATIONS FOR OUTSIDE STORAGE a) No outside storage or outside garbage facilities shall be permitted. 5. Schedule "1"to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception 13 (A-13) Zone"to "Holding —Science and Technology Park Mixed Use(MP4)Zone" 672 "Agricultural Exception (A-1) Zone" to "Holding — Science and Technology Park Mixed Use (MP4)Zone" "Agricultural Exception (A-1) Zone" to "Holding — Science and Technology Park Prestige Employment 1(MP1)Zone" "Agricultural Exception (A-1) Zone" to "Holding — Science and Technology Park Prestige Employment 2(MP2)Zone" "Agricultural Exception (A-1)Zone"to"Environmental Protection Zone" "Light Industrial (M1)Zone"to"Environmental Protection Zone" "General Industrial(M2)Zone"to"Environmental Protection Zone" "General Industrial (M2) Zone" to "Holding — Science and Technology Park Light Industrial (MP3)Zone" "General Industrial (M2) Zone" to "Holding — Science and Technology Park Mixed Use(MP4)Zone" "General Industrial Exception 17 (M2-17)Zone"to"Environmental Protection Zone" "General Industrial Exception 17 (M2-17) Zone" to "Science and Technology Park Prestige Employment 2 (MP2)Zone" "Holding - General Industrial Exception 17 (M2-17) Zone" to ""Environmental Protection Zone" "Holding - General Industrial Exception 17 (M2-17) Zone" to "Holding - Science and . Technology Park Prestige Employment 2(MP2)Zone" "Holding - General Industrial Exception 17 (M2-17) Zone" to "Holding - Science and Technology Park Mixed Use(MP4)Zone" as shown on the attached Schedule"A" hereto. 6. Schedule"A"attached hereto shall form part of this By-Law. 7. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 17(2)and 34 (21)of the Planning Act, R.S.O. 1990. y 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 673 • arm n Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 1, 2007 Report#: PSD-112-07 File #: ZBA 2007-0037 By-law #: Subject: A DAY CARE FACILITY AT 279 KING AVENUE E, NEWCASTLE APPLICANT: JOHN HINDS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-112-07 be received; 2. THAT the application for Zoning By-law Amendment (ZBA 2007-0027) submitted by John Hinds to change the zone category for a .0833 ha parcel of land from "Residential (R1) Zone" to permit a day care facility be referred back to staff; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: D vid . Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer JW/DJC/sn September 21, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 674 REPORT NO.: PSD-112-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: John Hinds 1.2 Owner: John Hinds 1.3 Proposal: Day Care Facility 1.4 Area: 0.0833 ha 1.5 Location: Part Lot 27, Concession 1, former Township of Clarke 279 King Avenue East, Newcastle Village 2.0 BACKGROUND 2.1 On August 3, 2007, Mr. John Hinds submitted applications for a Zoning By-law Amendment and Site Plan Approval to permit the use of a 0.0833 ha site, located at 279 King Avenue East, Newcastle Village, for a day care facility. 2.2 Prior to submitting the above application, the applicant met with planning staff on the proposal in May 2007. Subsequently on August 2, 2007, Mark Hendriks, on behalf of the applicant, had a pre-consultation meeting with planning staff. He stated that an extension to the existing residential building is being constructed and he intended to convert the buildings into a day care facility. The applicant was advised that this development required the following approvals: • Zoning By-law Amendment • Site Plan Approval The applicant was advised to submit the required site plan drawings including site grading and landscape drawings in order to review the applications. 2.3 As part of the application, the applicant submitted a Site Plan drawing, detail floor plans and elevation drawings dated May 21, 2007. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located on the south side of King Avenue in the Village of Newcastle. There is a two storey building with a recent extension on the property. The construction works of the extension are currently under way. The building is vacant at this time. 675 • ' � - � 1 - . �;:,�. II ii it II i - :. ., ;. .. ...�.....- {�lr . f... i� r � _ in - _ � fie+.. ft - .. .,.-: 3 � .� .. `` _ � • ri .�y � Y �. `! �r.3� - y�rr.w J f �l t � V` v ,1�c > > l�'rA l�, a ._'. !s,grr,� :� .'q �. � Syr,' T� c .r � � f'�w., F \ C r i .. � \ t . �± �M tw ♦x �t \ � tom• • • • • • • • REPORT NO.: PSD-112-07 PAGE 4 3.2 The surrounding uses are as follows: North - King Avenue, single family residence and a gas station to the north of King Avenue South - Existing residence East - Existing residence West - Existing Municipal Fire Station 4.0 PROVINCIAL POLICIES 4.1 Provincial Policy Statement • Promotes efficient development and land use patterns accommodating an appropriate range and mix of residential, employment, commercial, industrial, institutional, recreational and open spaces. 4.2 Growth Plan The Plan policies support the planning for community infrastructure. Community infrastructure refers to lands, buildings, and structures that support the quality of life for people and communities by providing public services for health, education, recreation, socio-cultural activities, security and safety, and affordable housing. The plan promotes communities that are well-designed, offer transportation choices, accommodate people at all stages and have the right mix of housing, a good range of jobs, and easy access to stores and services to meet daily needs. Daycare facilities are considered as an element of community infrastructure; as a result, the proposed use conforms to the policies of the Provincial Growth plan for the Golden Horseshoe Area. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as "Living Area". Living areas shall be developed in harmony with surrounding uses and may consist of the following uses: • Housing including group homes, home occupations and convenience stores which are compatible with their surroundings, certain public and recreational uses which are compatible with their surroundings and • Limited office developments and limited retailing of goods and services, in appropriate locations, as components of mixed use developments, provided that community and local central areas are designated in the area municipal plans, and the functions and characteristics of such Central Areas are not adversely affected. 677 REPORT NO.: PSD-112-07 PAGE 5 The intent of the plan is to achieve a compact urban form, including intensive residential, office, retail and service and mixed uses along arterial roads and in conjunction with present and potential transit facilities. The proposed use of the subject property, a day care facility, intends to provide a service to the community and conforms to the Regional Official Plan policies. 5.2 Clarington Official Plan The Clarington Official Plan designates the land as urban residential and is predominantly used for housing purposes. Other uses may be permitted which by the nature of their activity, scale and design are supportive of, compatible with and serve residential uses. These include corner stores, home-based occupation uses, parks, schools, and community facilities. Parks, schools, and community facilities. Day care centres are considered a "community facility". Parks, schools, community facilities and institutions states that the goal is to provide for a range of activities, facilities and services to meet the evolving needs of residents of all ages and physical capabilities. They are encouraged to locate enabling easy accessibility by the majority of the population and, where possible, to utilize full municipal services. Site development criteria for institutional and community facilities are: • Sufficient parking and loading areas • Safe and convenient access • High quality landscaping • Visual integration of the facility within the existing or planned surrounding uses • Fencing, screening and buffering from adjacent lands where appropriate and necessary The day care centre is considered a typical use in an urban living area, as a result the proposed use would conform to the Official Plan land use policies. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands as "R1 — Residential exception R1 Zone" and permits a single detached dwelling, home occupation uses (except the retail sale of antiques, art, crafts, or hobby items), and places of worship (subject to the regulations of Section 12.2). A Day Care Facility is not a standard permitted use of this zone and therefore requires an Amendment to the current Zoning By-law. 678 REPORT NO.: PSD-112-07 PAGE 6 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Pursuant to the requirements of the Planning Act, the signage acknowledging the application was installed on the subject lands on September 10, 2007. In addition, notice of the application was mailed to each landowner within the prescribed distance of 120 metres from the site on September 7, 2007. 7.2 Three residents who live on the neighbouring properties to the South, provided concerns. The key concerns were: • The issues of storm water drainage within the site and possibility of water coming from the subject property onto their properties, since the subject property slopes towards their properties facing the southwest boundary; • Disturbance due to noise from the children in the daycare and requirement of a noise fence; • Issues due to the garbage at the back of the subject property; • The extension of the car park closer to the residential property boundaries, • The decrease of land values of their properties due to the change of the use of the subject property. 7.3 Syvan Developments Limited of Newcastle, the landlord of the Summit Montessori School provided a letter supporting this application and mentioned that the above organization is a true asset to Newcastle Village. 7.4 No other public comments have been received at the time of writing this report. 8.0 AGENCY COMMENTS 8.1 The application was circulated to relevant agencies on September 4, 2007, and the following comments were provided. Clarington Engineering Department: • The applicant's engineer will be required to prepare a Lot Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this site. Clarington Building Division: • A "Change of Use" permit or a building permit will be required to convert this property from residential to a daycare facility. • Show detail of the proposed ramps, one barrier free parking space and a barrier free path of travel to the main entrance. • Show the location of the hydrant as water will be required for fire fighting per Section 3.2.5.7 of the Ontario Building Code (OBC). • Prior to a building permit being issued the owner must submit approval from the Ministry of Children & Youth Services under the Day Nursery Act. 679 REPORT NO.: PSD-112-07 PAGE 7 • Show the location of the hydrant as water will be required for fire fighting per Section 3.2.5.7 of the Ontario Building Code (OBC). • Prior to a building permit being issued the owner must submit approval from the Ministry of Children & Youth Services under the Day Nursery Act. • This building must be located not less than 3 m and not more than 15 m from the access route as required in Section 3.2.5.5 of OBC. The access route design shall comply with Section 3.2.5.6 of the OBC. Show all dimensions of the fire route on the site plan drawing. This would include the turning radius and width of the fire routes. Clarington Emergency and Fire Services: • No site plan fire concerns found on submitted drawings. • Parking is not permitted on Fire Department property. • A fire alarm system may be required if more than 40 students. Durham Region Planning Services Department has no objection to the proposal on condition municipal services are hooked up to the subject property Enbridge Gas Distribution has no objections for this application 9.0 STAFF COMMENTS 9.1 The Durham Regional Official Plan supports certain public and recreational uses which are compatible with their surroundings and limited retailing of goods and services, in appropriate locations, provided that the functions and characteristics of such Central Areas are not adversely affected. The Clarington Official Plan (Section 9.3.4 and 18) permits Day Care uses in urban living areas. The proposed use is permitted in terms of both the Regional and Clarington Official Plans. 9.2 The subject property is located adjacent to the Village Centre which has a range of land uses including residential and commercial uses. The subject property faces King Avenue which is the main thoroughfare in the Village Centre and the current road infrastructure can deal with any additional traffic created due to the proposed use. 9.3 The applicant has also applied for site plan approval. For site plan review, additional information on the development such as site grading, stormwater drainage and landscaping is required. The applicant will be required to provide the information on the proposed methods of noise attenuation, garbage handling and landscape treatments along the property boundaries in order to deal with the resident's issues. 9.4 As the day care facility is not a standard permitted use within the Residential R-1 Zone, a site specific Zoning By-law Amendment is required for the change of use of this site to a daycare facility. However, the applicant has later informed the staff that he wishes to obtain a zoning change approval for the subject property to be used for commercial purposes in addition to the daycare facility. The applicant was informed that for such a 680 REPORT NO.: PSD-112-07 PAGE 8 change to the current re-zoning application will require an additional public meeting and notification to the residents who live within 120m from the subject property. 10.0 CONCLUSIONS 10.1 In consideration of the comments received from the circulated agencies and the public and our planning review of the proposal it is recommended that the application for Zoning By-law Amendment (ZBA 2007-0037) submitted by John Hinds to change the zone category of a .0833 ha parcel of land from "Residential (R1) Zone" to permit a day care facility be referred back to staff for further review and consideration prior to a recommendation report to the Council. Attachments: Attachment 1 - Key Map List of interested parties to be notified of Council's decision: John Hinds Keith Dundas Ann Marshell Edmond Vanhaverbeke 681 • --I � 3 N = J Property Location Map(Newcastle) KING AVENUE EAST 0ATLEY x a CHALL �+m Ih `OIL DU y�y� KING AVENUE EAST � ley Dui 2.jb HARMER DRIVE �. s•.00� q- � cn o l�.Ob --� I I � �I I \ . N 0 W Z BLOOM i p � W fr CAKING DRIVE �t x W VI � SKI 7.y KG.b EunI,D lau7[O oN N HD r04 4 Fes• Y) n NI L 7 ' 4'cMN • ZBA 2007-0037 v �r . _ : ZONING BY-LAW AMENDMENT �INeo .• L2m$4 OWN,.LNh Owner: John Hinds --I � 3 N = J Clarin2ton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, October 1, 2007 Report#: PSD-113-07 File No's: A2006-0031, A2007-0045 By-law#: A2007-0046 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 13, 2007. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-113-07 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on September 13, 2007, for applications A2006-0031 and A2007-0046 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 concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on September 13, 2007 for application A2007- 0045 is appropriate and that Staff be authorized to appear before the Ontario Municipal Board to defend its original recommendation. Submitted by: � Reviewed by: ' Da id J. Crp e, M.C.I. ., WP.P. Franklin Wu, .1 i'Director of Planning Services Chief Administrative Officer GF/CP/DJC/sh September 21, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 683 REPORT NO.: PSD-113-07 PAGE 2 1.0 APPLICATION DETAILS All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below: DECISIONS OF COMMITTEE OF ADJUSTMENT FOR SEPTEMBER 13, 2007 Application Number Staff Recommendation Decision of Committee September 13, 2007 A2006-0031 Approve Approved A2007-0045 Deny Approved A2007-0046 Approve Approved 1.1 Application A2006-0031 was originally filed on August 31, 2006 to permit the construction of a single detached dwelling at 105 Cedar Crest Beach Road in Bowmanville by reducing the minimum required north easterly interior side yard setback from 3.0 metres to 1.8 metres. The variance was heard originally by the Committee on September 28, 2006, where Committee decided that the application would be tabled for up to 120 days to allow time for the Applicant to obtain all necessary Central Lake Ontario Conservation and Regional Health approvals. The application was heard two additional times prior to the September 2007 meeting and tabled both times. The Applicant has since obtained the required approvals from both Central Lake Ontario Conservation and Durham Regional Health Department to proceed with their proposed new home construction at 105 Cedar Crest Beach Road. At the September 13, 2007, meeting Committee approved the variance as originally applied for in August of 2006. 1.2 Application A2007-0046 proposed setback reductions for an accessibility ramp at a residence with existing reduced setbacks. The application was approved. 1.3 Application A2007-0045 was filed to permit an accessory building (shed), already constructed contrary to the zoning by-law requirements, by reducing the minimum required southerly interior side yard, northerly interior side yard and rear yard setbacks from 1.2 metres to 0.1 metres, 0 metres and 0.1 metres respectively. The application was submitted in response to a complaint received and actions commenced by Municipal Law Enforcement. 1.4 During the hearing the Committee discussed with the Applicant the possibility of moving the shed closer into compliance with the Zoning By-Law. The Applicant told Committee that it might be possible to move the shed although they were concerned that by moving the shed it would result in a decreased ability to use their rear yard as an amenity area because of the lot's irregular shape. 1.5 Several area residents attended the meeting in support of the Applicant's requested variance. The general consensus among residents in attendance was that the shed 684 REPORT NO.: PSD-113-07 PAGE 3 had minimal impact on the neighbourhood and it had been built well enough that no evident drainage problems had been created. 1.6 Clarington Engineering Services reviewed the application and objected to the requested variance indicating that the proposed setbacks would not permit adequate maintenance of the structure itself, the surrounding fence and the surrounding landscaping (drainage). A site visit by Staff to the property confirmed that the current position of the shed in the rear yard provides the Applicant with little or no room to maintain the structure or surrounding fence and could potentially interfere with drainage in the future. 1 x Figure 1.0 — Shed in rear yard at 14 Ivory Court in Bowmanville. 1.7 The Committee decided to approve the variance as requested without any changes or added conditions. It is the opinion of Staff that the variance is not minor in nature, does not maintain the intent of the Zoning By-law and is not desirable for the appropriate development of this lot. It is recommended that an appeal of the Committee's decision be pursued. 2.0 CONCLUSIONS 2.1 Staff has reviewed Committee's decisions and are satisfied that applications A2007- 0031 and A2007-0046 are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the decisions of the Committee of Adjustment for applications A2006- 0031 and A2007-0046 is required in order to afford Staff official status before the 685 REPORT NO.: PSD-113-07 PAGE 4 Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. 2.2 Staff has reviewed Committee's decision on application A2007-0045 and have concluded that an appeal of this decision is appropriate. Council's concurrence is required with Staffs opinion that an appeal by the Municipality on the decision made by the Committee of Adjustment on September 13, 2007, for application A2007-0045 is necessary and Staff should be authorized by Council to appear before the Ontario Municipal Board to defend its original recommendation. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 686 Attachment No 1 To Report PSD-113-07 • Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ABBOTT DRAFTING & DESIGN OWNER: VINCENT D'CRUZ PROPERTY LOCATION: 105 CEDAR CREST BEACH ROAD, BOWMANVILLE PART LOT 12, CONCESSION BF FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0031 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED NORTH EASTERLY INTERIOR SIDE YARD SETBACK FROM 3.0 METRES TO 1.8 METRES. DECISION OF COMMITTEE: APPROVED TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED NORTHEASTERLY INTERIOR SIDE YARD SETBACK FROM 3 METRES TO 1.8 METRES AS IT IS MINOR, DESIRABLE IN NATURE AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN, SUBJECT TO A PERMIT BEING OBTAINED FOR DEVELOPMENT FROM CLOCA. DATE OF DECISION: September 13, 2007 LAST DAY OF APPEAL: October 3, 2007 687 • Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ROBERT CLARKE OWNER: ROBERT CLARKE PROPERTY LOCATION: 14 IVORY COURT, BOWMANVILLE PART LOT 17, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0045 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE MINIMUM REQUIRED SOUTHERLY INTERIOR SIDE YARD, NORTHERLY INTERIOR SIDEYARD AND REAR YARD SETBACKS FROM 1.2 METRES TO 0.1 METRES, 0 METRES AND 0.1 METRES RESPECTIVELY. DECISION OF COMMITTEE: APPROVED TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE MINIMUM REQUIRED SOUTHERLY INTERIOR SIDE YARD, NORTHERLY INTERIOR SIDE YARD AND REAR YARD SETBACKS FROM 1.2 M TO 0.1 M, 0 M & 0.1 M RESPECTIVELY AS IT IS MINOR, DESIRABLE & MEETS THE INTENT OF THE ZBL & OP. DATE OF DECISION: September 13, 2007 LAST DAY OF APPEAL: October 3, 2007 688 Clarinaton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: LIANA SMITH OWNER: LIANA SMITH PROPERTY LOCATION: 12 VETERANS AVENUE, BOWMANVILLE PART LOT 12, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0046 PURPOSE: TO PERMIT CONSTRUCTION OF A DISABLED ACCESS RAMP BY INCREASING THE MAXIMUM PROJECTION FROM 1.5 METRES TO A DISTANCE EQUAL TO THE EXISTING FRONT YARD DEPTH AS OF SEPTEMBER 13, 2007 AND TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 0.15 METRES DECISION OF COMMITTEE: APPROVED TO PERMIT CONSTRUCTION OF A DISABLED ACCESS RAMP BY INCREASING THE MAXIMUM PROJECTION FROM 1.5 METRES TO A DISTANCE EQUAL TO THE EXISTING FRONT YARD DEPTH AS OF SEPTEMBER 13, 2007 AND TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 0.15 METRES AS IT IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE ZONING BY- LAW AND OFFICIAL PLAN. DATE OF DECISION: September 13, 2007 LAST DAY OF APPEAL: October 3, 2007 689 • arm n Leadin the Wa REPORT g y PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, October 1, 2007 Report #: PSD-114-07 File No's: SBA 2007-0001 By-law #: Subject: AMENDMENT TO SIGN BY-LAW 97-157 TO PERMIT CONSTRUCTION OF AN ELECTRONIC MEDIA SIGN ON AN EXISTING PYLON SIGN APPLICANT: COUNTRY SIGNS (ON BEHALF OF CANADIAN TIRE) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-114-07 be received; and 2. THAT the application for Amendment to the Municipality of Clarington Sign By-law 97- 157, submitted by Country Signs, to permit the construction of an electronic media sign on an existing pylon sign be APPROVED and that a by-law be passed by Council to adopt the amendment as contained in Attachment No. 2 of Report PSD-114-07; Submitted *Drector Reviewed by: J. rome, 1.0., R.P.P. Franklin Wu, of Planning Services Chief Administrative Officer GF/CP/sn September 19, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 690 REPORT NO.: PSD-114-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Country Signs 1.2 Owner: Robert Merenda 1.3 Proposal: To amend Sign By-law (97-157) to permit the construction of an electronic media sign on an existing pylon sign. 1.4 Location: 2401 Highway 2, Bowmanville 2.0 BACKGROUND AND PROPOSED AMENDMENT 2.1 On August 29, 2007, the Municipality received an application from Country Signs for an amendment to Sign By-law 97-157. The application proposes to replace an existing manual lettering media sign ("read-o-graph") with a modernized, easier to change and maintain LED electronic media sign (see Figure 1 below). TIRE i __ RE STAY COOL }A/C ECK MOMI o►r rsa . q r Figure 1 — Existing "Read-O-Graph" Sign and Proposed Electronic Media Sign 2.2 Planning Staff initially received a sign permit application on August 8, 2007, for an electronic media sign that would be affixed to an existing pylon sign located on the Highway 2 frontage. The Applicant was informed that electronic media signs are only permitted in the Municipality if they are affixed to a building wall or located in the window of a building. The proposed sign did not conform to the requirements of Sign By-Law 97-157 and the application was placed on hold. 2.3 Following correspondence between the Applicant and the Municipality, an application for amending Sign By-Law 97-157 was mailed to the Applicant on August 15, 2007. This information explained the non-compliance of the proposed sign and outlined the process required to apply for an amendment to the Sign By-law in order to accommodate their proposed sign. 691 REPORT NO.: PSD-114-07 PAGE 3 3.0 SIGN BY-LAW PROVISIONS 3.1 Sign By-Law 97-157 permits electronic media signs on the walls of a building or in the windows of a building. These signs may be a maximum size of 3.75 square metres if affixed to the wall of a building or 10% of a wall or window area, whichever is greater. 4.0 APPLICANT'S RATIONALE 4.1 The Applicant has submitted an application for Sign By-Law amendment stating that the electronic media sign is easier to maintain and update than the older, manual lettering "read-o-graph" sign which is currently being used by Canadian Tire at this particular store. The new sign would be controlled remotely using a keyboard and would no longer require an employee to use a ladder to access the sign and manually change the "read-o-graph" lettering. 4.2 The Applicant has also noted that the building is setback considerably from the Highway 2 road allowance and an LED electronic media sign affixed to the building at this distance would not be visible to passing customers. If the building was closer to the street it would be more practical to conform to the Sign By-Law and install the electronic media sign on the building's wall, but this is not the case on this property. 5.0 STAFF COMMENTS 5.1 The subject property is located on the south side of Highway 2 within the West Bowmanville Town Centre and is adjacent to the Clarington Mall. Canadian Tire's storefront is located approximately 140 metres to the south of Highway 2 with the result being that any electronic media sign that is built in conformity with the Sign By-Law would have limited visibility from the street. 5.2 The existing pylon sign already displays two messages. The first is a logo which identifies the store as a Canadian Tire while the second message is the "read-o-graph" portion which displays relevant and current information as it relates to store sales and events. The proposed LED electronic media sign does not propose an increase in size when compared to the existing "read-o-graph." The messages being portrayed on the new electronic media sign are similar in nature (i.e. announcing sales, services, events) to what the read-o-graph is currently being used to display. 5.3 From an urban design perspective, the sign already exists and is a part of the evolving streetscape in this area and it is not expected that such amendment will detract from the streetscape's quality given the nature of the requested amendment. 6.0 CONCLUSION 6.1 Based on the comments provided in this report, it is respectfully recommended that the amendment to the Sign By-law to permit the construction of an electronic media sign on 692 REPORT NO.: PSD-114-07 PAGE 4 an existing pylon sign be APPROVED and that a by-law be passed by Council to adopt the amendment as contained in Attachment No. 2 of Report PSD-114-07. Attachments: Attachment 1 — Key Map Attachment 2 — Proposed Sign By-Law Amendment y 693 Attachment 1 To Re ort PSD-114-07 Lot 16 Lot 15 UPTOWN AVE 2401 DURHAM HIGHWAY 2 ,`ter _ pURHA �0. O C H O .N V J PRINCE WILLIAM BOULEVARD GNk P APO GP' N Property Location Map (Bowmanville) w�F s - 2401 Durham Highway 2 SBA 2007-0001 694 .. McPurE Nb1)-114-( THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2007- being a by-law to amend By-law 97-157, the Sign 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 97-157, as amended, of the Municipality of Clarington in accordance with application SBA 2007-0001 to permit an electronic media sign on an existing pylon sign; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By adding a new Section 4.4.5 respecting lands at 2401 Highway 2, as follows: "4.4.5 Notwithstanding Section 4.3 to this By-Law, one electronic media sign with a maximum area of 2.85 square metres may be permitted on a pylon sign at 2401 Highway 2 in Bowmanville." 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 695 • arm n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 1, 2007 Report#: PSD-115-07 File #: ZBA 2007-0042 By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: VERMONT VILLAGE HOMES LIMITED NAPA VALLEY — PHASE IV RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-115-07 be received; 2. THAT the request for Removal of Part Lot Control by Vermont Village Homes Limited with respect to Lots 3 to 7, 11 to 13, 24, 31 to 38, 63 to 66, 103 to 123, 128 to 168, 180 to 185 and Blocks 187 to 194 inclusive on Plan 40M-2332, be APPROVED and that the attached Part Lot Control By-law be PASSED pursuant to Section 50(7.1) of the Planning Act and a copy forwarded to the Regional Municipality of Durham Planning Department; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: - Reviewed by: 1�tid me, M. I. R.P.P. Franklin Wu ector. Planning Services Chief Administrative Officer LT/DJC/df 21 September 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 696 REPORT NO.: PSD-115-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Vermont Village Homes Limited (Baywood Homes) 1.2 Location: Part Lot 10, Concession 2, former Township of Darlington 2.0 BACKGROUND 2.1 On August 23, 2007, staff received a request from Vermont Village Homes Limited for the Removal of Part Lot Control with respect to Lots 3 to 7, 11 to 13, 24, 31 to 38, 63 to 66, 103 to 123, 128 to 168, 180 to 185 and Block 187 to 194 inclusive on Plan 40M- 2332. 2.2 The Plan of Subdivision 18T-90036, which encompasses the area of this application, received draft approval for 97 single detached dwellings, 178 semi-detached/linked dwellings, 7 blocks for 48 townhouse dwellings, a park block, a block to be dedicated as an entrance feature and 3 walkways. Registration of the Plan of Subdivision under Plan 40M-2332 was completed October 19, 2006. 2.3 Building permit applications for a number of the semi-detached lots and townhouse blocks in question have either recently been submitted and/or issued. As such, the Owner requires the approval of a Part Lot Control By-law to facilitate the sale of each unit. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50(5) of the Planning Act. 3.2 In accordance with the procedures established in the delegation of Part Lot Control By- laws, Planning Staff will forward to the Regional Planning Department the "Unit Type and Number Summary Table" (Attachment 3), along with a copy of the Part Lot Control By-law. 3.3 The Finance Department advises that the taxes have been paid in full. 3.4 Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending October 15, 2010. 697 REPORT NO.: PSD-115-07 PAGE 3 4.0 RECOMMENDATIONS 4.1 It is recommended that Council APPROVE this application and ADOPT the attached Part Lot Control By-law for Lots 3 to 7, 11 to 13, 24, 31 to 38, 63 to 66, 103 to 123, 128 to 168, 180 to 185 and Blocks 187 to 194. Attachment: Attachment 1 - Site Location Key Map and Lands Affected by Part Lot Control Removal Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table for 40M-2332 List of interested parties to be advised of Council's decision: D. Burke, Vermont Village Homes Limited 698 Attachment 2 To Report PSD-115-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to exempt certain portions of Registered Plans 40M-2332 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 3 to 7, 11 to 13, 24, 31 to 38, 63 to 66, 103 to 123, 128 to 168, 180 to 185, Blocks 187 to 194 inclusive on Plan 40M-2332, registered at the Land Titles Division of Whitby; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lots 3 to 7, 11 to 13, 24, 31 to 38, 63 to 66, 103 to 123, 128 to 168, 180 to 185 Blocks 187 to 194 inclusive on 40M-2332. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act,this By-law shall be in force for a period of three (3)years ending on October 15, 2010. 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 699001 Attachment 3 To Report PSD-115-07 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 40M-2332 By-law: APPROVED Result of Part Lot Control Exemption on Unit Type and Number Lots/Blocks Affected Unit Type and Number Blocks 187 to 194 Townhouse - 48 No Change Lots 3 to 7, 11 to 13, 24, 31 Semi-Detached - 178 No Change to 38, 63 to 66, 103 to 123, 128 to 168, 180 to 185 TOTAL UNITS - 226 No Change 699002 Clarinaton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday October 1, 2007 Report#: PSD-116-07 File #: By-law#: Subject: NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN STUDY UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-116-07 be received for information. Submitted by: Reviewed by,�n _( Dav' Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer IL*FL*DJC*sn 21 September 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 699003 REPORT NO.: PSD-116-07 PAGE 2 1.0 PURPOSE To update and advise Council of the progress of the Newcastle Community Improvement Plan study and upcoming open house. 2.0 BACKGROUND On January 29th, 2007 Council approved the initiation of a Community Improvement Plan (CIP) study for the Newcastle Village Centre, the older residential areas and surrounding context. The public consultation component for the CIP study included establishing a Community Focus Group (CFG) to guide the process and assist staff with preparing the Plan and providing commentary from a community perspective. Councillor Robinson was designated as the Council representative on the Community Focus Group. Advertisements were placed in the local newspapers on January 31St and February 7th seeking volunteers for the Community Focus Group. A request for volunteers was also extended to the Newcastle Village BIA, Newcastle Arena Board and Library Board as directed by Council. Many applications were received and a total of fifteen people, representing various community groups, were appointed to the Committee. The complete list of members is included in Attachment 1. The CFG has held a total of six meetings to date, all of which have been open to the public. The Group has created a vision statement for the CIP, have developed a list of priority items to be considered, and have recommended a boundary for the CIP area (Attachment 2). As the next step in the CIP process an open house will be held on Tuesday, October 30tH 2007 to obtain public input. A newsletter has been prepared which will be mailed out to Newcastle Village residents and made available to the residents of Wilmot Creek in the Wheelhouse (Attachment 3). The open house will be advertised in the local newspapers and posted on the Municipality's website. Once all public comment has been received staff will prepare the CIP document for consideration at a statutory public meeting of the General Purpose and Administration Committee. Attachments: Attachment 1 — List of Members Attachment 2 — Recommended Boundary Attachment 3 — Draft Newsletter List of interested parties to be advised of Council's decision: Cathy Abraham Rod McArthur Dave Clark Gail Richard Myno Van Dyke George Rickard Carl Good Randall St. Denis Tenzin Gyaltsan Theresa Vanhaverbeke Rob Kloosterman Arthur Wynn Gord Lee Suzanne McCrimmon Valentine Lovekin 699004 Attachment 1 To Report PSD-116-07 Newcastle CIP Community Focus Group Members Cathy Abraham Newcastle Village Community Hall Board Dave Clark Veridian Connections Inc. Myno Van Dyke Newcastle Village and District Historical Society Carl Good Business Operator and Resident Tenzin Gyaltsan Business Operator and Resident Rob Kloosterman Newcastle and District Chamber of Commerce Gord Lee Newcastle Arena Management Board Valentine Lovekin Newcastle Village BIA Rod McArthur Business Operator and Resident Gail Richard Clarington Library Board George Rickard Newcastle Village Lions Club Randall St. Denis Business Operator and Resident Theresa Vanhaverbeke Business Operator and Resident J. Arthur Wynn Newcastle/Bond Head Ratepayers Association Clarington Staff: Gord Robinson Clarington Council Suzanne McCrimmon Clarington Board of Trade Isabel Little Planning Services Department Lori Gordon Finance Department Bruno Bianco Engineering Services Department 699005 0 x CD 0 � D C/) v p rnCD �1 N NINE OR mom ME HIM 0 x CD 0 � D C/) v p rnCD �1 N Hnacnment s To Report PSD-116-07 Newcastle Village Community Improve. Rl �' _ r a _ . Newsletter #1 September 2007 In This Issue What is a CIP? Focus Group............2 CIP Study area.......2 Community ;- CFG mandate..........3 Steps in CIP * -- ; Process.....................3 Vision Statement 3 ;� Priorities...................4 Open House.............4 A Community Improvement Plan (CIP) articulates a vision for the continued prosperity of an area. It is based on an assessment of past experiences and future prospects, and provides a realistic road map of About CIPs... how to get there. CIPs are special types of studies. identified in the Planning Act, the Municipal Act, and in official plans. They are special • A CIP articulates a because upon completion and adoption, a CIP can give the vision for the Municipality extra powers, such as the ability to provide fagade grant continued and loan programs, land assembly strategies, tax abatement for prosperity of an brownfields, development charge exemptions or impositions for a area. specific portion of the municipality. CIPs may also be eligible for • A CIP is based funding from other government sources. upon a vision statement which is Why does Newcastle need a CIP? a broad statement of values to guide In 2004 the Municipality initiated a Commercial Policy Review which the listing of studied the whole municipality to determine growth patterns, any community goals. additional demand for commercial space that would be warranted by • Public involvement existing and future population, and the appropriate locations for that is crucial in the CIP growth. Open houses, workshops and special meetings with the process. Business Improvement Areas were held during the policy review process. The Policy Review concluded that the Municipality's downtowns are extremely important historical resources that define �t the character of Clarington. Community Improvement Plans were adopted by Council in 2005 for Bowmanville and Orono. The Commercial Policy Review was completed in 2006 and one of its recommendations was that a Community Improvement Plan study be conducted for the Newcastle Village Centre. Adoption of a CIP for Newcastle will assist in providing for the health of the historic downtown and the protection of its planned function as the centre of the community. i8a f7 Dr Newcastle Village Co.mmunity Improvement Plan in POW Page 2 Newsletter #1 Community Focus Group A Community Focus Group (CFG) has been established to guide the development of the CIP. A call for applications was publicly advertised and a focus group appointed. In order to develop a vision statement for Newcastle Village, and to build consensus around that vision for the future of Newcastle Village, it is important to obtain broad-based input from a number of sectors of the community. All CFG meetings are open to the public. There are 15 CFG members, representing a variety of interests. Cathy Abraham Newcastle Village Community Hall Board Dave Clark Veridian Connections Inc. Myno Van Dyke Newcastle Village and District Historical Society Carl Good Business operator and resident Tenzin Gyaltsan Business operator and resident Rob Kloosterman Newcastle and District Chamber of Commerce Gord Lee Newcastle Arena Management Board Valentine Lovekin Newcastle Village BIA Rod McArthur Business operator and resident Gail Rickard Clarington Library Board George Rickard Newcastle Village Lions Club Councillor Robinson Clarington Council Randall St. Denis Business operator and resident Theresa Vanhaverbeke Business operator and resident Arthur Wynn Newcastle/Bond Head Ratepayers Association CIP Study Area The boundary of the study area encompasses the traditional downtown of Newcastle Village and the ' older residential areas to the u - a north and south. It extends from the Canadian Pacific – — Railway line to the north, to Highway 401 to the south, _ and from Wilmot Creek to the west to Graham Creek to the _ east. Newcastle Community Improvement Plan Study Area _ Newcastle Village Centre aft 8 Newcastle Village Community Improvemnent 'Plan , . a ft r. Page 3 Newsletter #1 Community Focus Group Mandate • To assist staff in developing recommendations for the CIP • To provide advice from a community perspective to the Director of Planning Services • To assist in communication with the public, especially the residents of Newcastle Village • To represent the views of both present and future residents of Newcastle Village and Clarington as a whole g, Steps in a CIP Process • Appointment of a Community Focus Group (CFG) • Adoption of the CFG Terms of Reference • Development of a vision for the CIP area • Development of goals, objectives and recommendations • Adoption of the Community Improvement Plan • Implementation of recommendations A Vision Statement A Vision Statement for What is it? Newcastle Village A vision statement is a description of an ideal The Community Focus Group is state of being which community members proposing the following vision believe is the desirable future for their statement for the Newcastle Village community. It describes the qualities and CIP: characteristics of the area appreciated and valued by local people. Therefore, it is based Newcastle Village continues to on the knowledge of local communities, and maintain a vibrant and strong their unique appreciation and understanding of connection to its historic roots their own local areas. Vision statements are bringing promising opportunities to concerned with how change and development businesses, residents, and visitors. can be carried out so that it is in harmony with its setting. J. F. 4 �• Renovation and f a a de improvement vement of J. Anderson Smith and` Co. building r JOA D Newcastle Village Communit _rnprovement Plan Of Ir POWv Page 4 Newsletter #1 PRIORITIES The CFG has developed a list of priorities for the CIP area that will be further explored to determine their feasibility and costs. Short Term Priorities Long Term Priorities Incentives for infill or renovation projects Incentives for new business Incentives for fagade improvements Directional signage to downtown Heritage street lighting to extend to Arthur St. Guidelines for streetscape improvement Dominant entrance features Guidelines for signage styles Incentives for building signage Guidelines for infill or renovation Public Open House There will be a public open house to obtain comments on the vision statement and community recommendations for the CIP on Tuesday, October 30th, 2007 at the Newcastle Village Community Hall. The presentation will begin at 7:00 p.m. Once the public has commented the CIP can be written for submission to Council. For More Information For additional information relating to the Newcastle Village CIP please contact Isabel Little at 905-623-3379. Comments can be e-mailed to ilittle @clarington.net or submitted in writing to Clarington Planning Services Department, 40 Temperance Street, Bowmanville, Ontario, L1C 3A6 PUBLIC OPEN HOUSE Newcastle Village Community Hall Tuesday, October 30th, 2007 6:00 p.m. to 8:00 p.m. o Dr Clarjn2wn Leading the Way REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 1, 2007. Report#: ESD-013-07 File # 10.12.6 By-law# Subject: OCCUPANCY LOAD — COUNCIL CHAMBERS . Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-013-07 be received for information. r Submitted by: �"` Reviewed by: eordon Weir, AMCT, CMMI I I Franklin Wu, Director of Emergency & Fire Services Chief Administrative Officer GW:sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6501901 REPORT NO.: ESD-013-07 PAGE 2 BACKGROUND The occupancy load for assembly occupancy is calculated through Part 2 Building and Occupant Fire Safety of the Fire Code. This Part provides for the safety of the occupants in buildings, through the elimination or control of fire hazards. Section 2.7 of the Fire Code speaks specifically to Safety To Life and recites the formula required to determine the Occupancy Load for the Council Chambers. Violation of the Fire Code can result in fines up to $100,000. Recently,the Chief Building Official and Fire Prevention Officer re-measured and confirmed that as posted the Council Chambers may accommodate a maximum occupancy load of 136 persons. There are exactly 136 seats in the Council Chambers: • 64 Fixed seats (Upper Gallery) • 48 Non—fixed seats (Main level of Chambers behind the railing) • 24—Mayor/Council/Staff. (The Fire Code requires that the exits and means of egress not be blocked.) PURPOSE In some recent past Council meetings, attendees were forced to stand indicating we were over capacity and hence in contravention of Section 2.7 (Safety to Life) of the Fire Code by allowing occupancy of the Council Chambers to exceed the posted limit. An additional concern is the fact that exits and means of egress were congested which is a contravention of the Fire Code. As Fire Chief it is my responsibility to address the above noted concerns and enforce the Fire Code. COMMENTS To enforce the Fire Code, specifically s. 2.7 (Safety to life)the following protocol will be explored: • Post on the web site, Page two (2)of local newspaper and include on all notices that go out that Council Chambers is limited to the first 112 members of the public; • Post additional signs in the Council Chambers advising of the maximum occupancy limit; • Have individuals available to assist with seating. This may have budget implications; • Investigate the possibility of having Meeting Rooms 1 A & 1 C set up to watch from the television to allow an area for the overflow. This may have a budget impact; • When it is anticipated that there will be a large turnout to meetings, change the location to a larger venue to accommodate all occupants; • On the scheduled meeting date, if occupancy becomes a problem, cancel the meeting and reschedule at a larger venue. 902 REPORT NO.: ESD-013-07 PAGE 3 CONCLUSION It is commendable that residents of the Municipality of Clarington show their commitment to Municipal governance and Municipal issues by attending Council meetings. As a Corporation it is our responsibility to ensure that we provide a safe forum in which our residents may attend or participate in Municipal public meetings. The Municipality must adhere to all relevant sections of the Fire Code and it is my responsibility as Fire Chief to ensure that they are enforced. The Council Chambers has a posted occupancy limit of a maximum of 136 persons. Therefore this limit must not be exceeded. If the occupancy limit is exceeded the Municipality of Clarington can be fined up to $100,000. There are additional liability issues under prevailing Health and Safety and related legislation. 903 • arm n REPORT (iLeading tlee Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 1, 2007 Report #: CLD-032-07 File #: By-law #: Subject: ANIMAL SERVICES QUARTERLY REPORT — APRIL TO JUNE, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-032-07 be received; and 2. THAT a copy of Report CLD-032-07 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. Submitted by: a O Reviewed by: Franklin Wu, rk Chief Administrative Officer PLB*cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1101 REPORT NO.: CLD-032-07 PAGE 2 BACKGROUND AND COMMENT Animal Services activities will be reported to Council on a quarterly basis. The attached table summarizes the activities and revenues pertaining to Animal Services for the months April to June 2007. Attachment#1 Animal Services Monthly Report Interested parties to be advised of Council's decision: Ms. Liz White, Animal Alliance of Canada Animal Advisory Committee 1102 CLERK'S DEPARTMENT ATTACHMENT NO. 1 ANIMAL SERVICES DIVISION TO REPORT NO. CLD-032-2007 ANIMAL SERVICES QUARTERLY REPORT April to June 2007 A. ACTIVITES This Quarter 2007 to date 2006 to date PICKED UP - WILDLIFE 52 61 57 DOGS CATS DOGS CATS DOGS CATS PICKED UP 33 15 51 52 86 61 BROUGHT IN 33 63 56 110 87 95 RETRIEVED BY OWNERS 47 3 71 8 105 4 SOLD TO RESIDENTS 15 53 30 114 53 92 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 0 5 0 10 8 18 DEAD ON ARRIVAL 4 17 2 13 7 42 QUARANTINE 0 4 6 10 3 11 WRITTEN WARNINGS 53 93 131 OTR, POA, SUMMONS 12 19 17 CONVICTIONS 12 15 12 CALL-OUTS AFTER 5 12 23 HOURS OVER-TIME HOURS 15 36 72 B. REVENUES30 DOGS & CATS RELEASED $135 $60 $280 $120 $405 $30 LICENSES $14,175 $3807 $22,389 $5053 $24,310 $4673 SOLD TO RESEARCH $0 $0 $0 $0 $0 $0 SOLD TO RESIDENTS $850 $2115 $1870 $5220 $3375 $4050 DOGS & CATS REDEEMED $2230 $50 $2820 1 $100 $4990 $80 SUB-TOTAL $17,390...l $6032 $27,359 1 $10,493 1 $33,080 1 $8,833 TRAP RENTAL $195 $375 -1- 375 $177 TOTAL REVENUE $7,452 $36,120. $42,090 Euthanized 2007 to date Dogs - 0 Cats — 6 sick,3 feral, 1 following quarantine 1103 Clarinaton Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: October 1, 2007 Resolution #: Report#: COD-053-07 File #: By-law #: Subject: UPDATE ON 2007 CORPORATE (NEWSPAPER) ADVERTISING PROGRAM Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-053-07 be received for information. Attachment: CAO-05-07 with amending resolution Submitted by: � Reviewed by: 4alrie& Marano, H.B.Sc., C.M.O. Franklin Wu Director of Corporate Services Chief Administrative Officer MM/JC/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 1201 REPORT NO.: COD-053-07 PAGE 2 BACKGROUND 1.0 ADVERTISING BUDGET The Communications & Marketing Division is responsible for passing on important and timely information to community stakeholders. One method used to accomplish this is the corporate newspaper advertising program which involves the two publications — Canadian Statesman and the Orono Weekly Times. It should be noted that, although newspaper advertising is a significant part of the corporate advertising program, it is not the only corporate advertising venue that is implemented and drawn from the Corporate Advertising account under the supervision of the Communications & Marketing Division. During the 2007 budget deliberations, the advertising budget was adjusted by report CAO-05-07 (Attachment#1). The purpose of this report is to provide an update on the budget to actual values associated with the amended program. 2.0 AS OF MARCH 2007 During the 2007 budget deliberations in March the allocation of funds related to the total corporate advertising budget was reduced to a total of$ 174,000. As previously stated the newspaper advertising program is not the only marketing program that is drawn from the total budget account for advertising. Tourism promotion - such as the Tourism Directional Signage (TODS) program on Highways 401 (east and west) and 115/35 (southbound only); Clarington's participation in the Durham Tourism's visitors guide; Total Hockey promotions; job postings (external publications/websites); and Tenders/RFPs (Daily Commercial) — are also funded out of this total budgeted account. The newspaper advertising component of the total budget allocation was approved as amended at a total of$102,153. At budget approval date $26,178 of the available funds were spent under the prior full page program, leaving a remaining balance of $75,975 for the balance of the year. There was a timing element between the budget deliberations and ratification of the budget which approved the changes to the advertising program, during which the charges continued at the full page cost. As of July 31, 2007, the amount spent on the Canadian Statesman and the Orono Weekly Times is indicated in the table below. Also presented in this table, is a projection as to where both expenditures will finish up at as of December 31, 2007. It should be noted that the basic assumption of this projection is that spending habits will not change from August y 1 — December 31, 2007. 1202 REPORT NO.: COD-053-07 PAGE 3 3.0 EXPENDITURE SUMMARY & PROJECTED YEAR END BALANCE Budget-Total Total Actual to Actual Estimated Expected Advertising FEPUBLICATION Mar 1 Mar 1-Aug 31 Se 1-Dec 31 Expenditure Program Canadian Statesman $25,710 $49,598 33,065 $108,373 Newspaper Ads $102,153 Orono Weekly Times 4,680 12,300 8,200 25,180 Tourism/other 71,847 30,390 61,898 41,265 133,553 Total Bud et $174,000 Reallocation of Total Hockey Ads Budgeted by Community Services (15,430) Tourism Joint Ads revenue offset to expense* (12,700) Tourism & other advertising expense to year end 68,723 TOTAL ESTIMATED NET ADVERTISING PROGRAM 174,146 *The offset revenue is generated from the Tourism partnerships undertaken by the Marketing & Communications Division and is recorded in the revenue accounts. 4.0 THE CHANGED PROGRAM There have been some lost advantages incurred with the change to the reduced Ad program. For example, the Municipality does not receive the 20% discount in the per line cost in the Canadian Statesman. As there is no set page size reserved each week, there is a shorter time frame in which municipal departments must submit their material for publication since Metroland and the Orono Times require time to resell the space that is not being used. As per Council resolution, the newspaper corporate advertising program does not include any event, program or activity that is not directly operated by the Municipality of Clarington. Cost savings have been achieved by reducing the amount of space used in both publications, however there have been a number of occasions since the reduced program was initiated where public notices etc., have required full page purchases, thereby causing some additional expenditure over and above the expected weekly charge. It is anticipated that the overall budget inclusive of revenues generated under the tourism portion of the budget, from joint ads in the Tourism Guides etc., may help offset the final expenditure for the Advertisement Program, bringing the balance into line with budget. As such the total program has been identified in this report. 1203 REPORT NO.: COD-053-07 PAGE 4 5.0 UPCOMING 2008 BUDGET In anticipation of the upcoming 2008 budget, it should be noted that the 2008 Advertising budget maybe impacted by proposed Corporate Business Plan objectives, should Council endorse strategies and actions outlined in the plan. Further discussion of the applicable activities may be undertaken as part of the 2008 budget process. 6.0 Conclusion This report is presented for Council's information. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 1204 REPORT #4 • Leading Me Way REPORT CHIEF ADMINISTRATIVE OFFICER Meeting: ; COUNCIL Date: March 19, 2007 Report#: CAO-05-07 File: By-law#: Subject: ADVERTISING POLICIES RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report CAO-05-07 be received; and 2. THAT Council approve the Newspaper Advertising Policies contained in Report CAO- 05-07 and the Chief Administrative Officer to amend the Corporate Advertising Policies accordingly. Submitted by: Franklin Wu Chief Administrative Officer Monday, March 12, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-5717 1205 REPORT NO.: CAO-05-07 PAGE 2 1. BACKGROUND 1.1 As a result of Committee's deliberation of the 2007 Budget on March 2, 2007, the following resolution was passed: "THAT the proposed corporate advertising budget be reduced by a maximum of$86,000.00, and "THAT the Director of Corporate Services report back to Council recommending a revised Corporate Advertising Policy to reflect the reduction in the budget al location." 1.2 Since the recommended budget reduction in corporate advertising impacts various departments, it is necessary for the CAO to review the matter and to report back to Council particularly with respect to what and how various municipal newspaper advertising needs can be accomplished within the context of the GPA recommendation. 2. STATUS OF NEWSPAPER ADVERTISING EXPENDITURE 2.1 The following is an account of newspaper advertising expenditure of as March 19, 2007. Proposed Newspaper Advertising Budget in Communication Division $168,153. GPA recommended reduction $ 86,000. Available Newspaper Advertising monies $ 82,153. Monies spent/committed to March 19/07 $ 26,178. Monies available for Balance of 2007 for Newspaper Advertising $55,975. 2.2 The $55,975. available for the balance of 2007 for newspaper advertisement will be sufficient for approximately 20 weeks out of 41 weeks remaining for 2007 assuming the Page 2 advertisement format is maintained. As a result, the full y page weekly advertisement will no longer be feasible. Future ads will be placed on an as needed basis. N 1206 REPORT NO.: CAO-05-07 PAGE 3 In addition to the foregoing change, we will need to eliminate advertisement and notices from external agencies. Essentially, only municipal advertising should be accommodated. 3. FEEDBACK FROM DEPARTMENTS The Director of Community Services has stated that the reduction in the publication of advertisements to support and promote recreation and leisure programs — pre-teen dances, special events, day camps, ongoing fitness programs, etc. —will have a significant and negative impact on the revenue figures that have been projected and approved in the specific program revenue accounts. These programs are promoted in the seasonal Recreation & Leisure Services Guides but reminders to register/participate have been advertised to encourage residents to participate. The Director of Emergency & Fire Services has also raised concerns relative to potentially insufficient budget fund to place public safety announcements that deal with smoke detectors, candle safety, fire safety, and other topics that come up as the result of incidents that occur in the community that reinforces the need for public awareness. Comments have also been received from the Planning Department regarding the advertisement of various planning initiatives such as commercial and economic development projects (Science and Technology Park) that are not necessarily legislated but are needed to ensure that the public is informed and that their input is considered in the process of making policy recommendations. 4. COMMENTS Given the limited monies available for newspaper advertising, it would be prudent for the Municipality to establish priorities. In this regard, all municipal notices, both statutory and non-statutory are considered an absolute necessity. 1207 REPORT NO.: CAO-05-07 PAGE 4 Furthermore, the types of municipal advertisements cited by the various department heads should also be included. Due to the unpredictable volume of the number of municipal advertisements, it is not possible to predict if the available balance of newspaper advertisement of$55,975. will be sufficient for the foregoing purposes. In this regard, it is prudent that Council allows some leeway in the event over expenditure occurs. 5. PROPOSED NEWSPAPER ADVERTISEMENT POLICIES Staff is cognizant of Council's desire to reduce the 2007 budget impact and therefore propose the following newspaper advertisement policies in order to accomplish this goal. 5.1 All newspaper advertisements be limited to those generated by the municipal corporation. 5.2 Only municipal notices and program advertisements be allowed. With the exception of statutory notices, all other notices and advertisements are to be reduced in size and scope and the citizens will be directed to the municipal website for details. 5.3 The Municipality is not responsible for the placement of advertisement by any extemal agencies including the Library Board and the Museum Board. 5.4 Placement of newspaper advertisements will be administered on an as needed basis. 5.5 Staff will monitor the newspaper advertisement expenditure and provide a status report to Council early in 2008. 5.6 Existing corporate advertisement policies are to be amended to reflect the above. 1208 Council Meeting Minutes - 21 - March 19, 2007 Resolution #C-144-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the foregoing Resolution #C-135-07 be amended by adding the following paragraph: "(jj) THAT the budget for Corporate Services miscellaneous revenues be increased to $5,000." "CARRIED" Resolution #C-145-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the foregoing Resolution #C-135-07 be amended by adding the following paragraph: "(kk) THAT the growth estimate for 2007 be revised from 2.12% to 2.28% resulting in increased revenue of $40,600.,, "CARRIED" Resolution #C-146-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the foregoing Resolution #C-135-07 be amended by adding the following paragraph: "(II) THAT the advertising budget be increased by $20,000 specifically to accommodate Community Services programming in order that the effect of reduced programming revenues resulting from reduced advertising of programs be mitigated." "CARRIED" The foregoing Resolution #C-135-07 was then put to a vote and CARRIED AS AMENDED. 1209 Council Meeting Minutes - 23 - March 19, 2007 Report# 4 — Report CAO-05-07 -Advertising Policies Resolution #C-150-07 Moved by Councillor Novak, seconded by Councillor Trim THAT Report CAO-05-07 be received; and THAT Council approve the Newspaper Advertising Policies contained in Report CAO-05-07 and the Chief Administrative Officer amend the Corporate Advertising Policies accordingly. "CARRIED" UNFINISHED BUSINESS Resolution #C-151 -07 Moved by Councillor Novak, seconded by Councillor Foster THAT the delegation of Eva Martin Blythe, Executive Director, YWCA Durham be received for information and that she be thanked for bringing the information forward. "CARRIED" Resolution #C-152 -07 Moved by Councillor Novak, seconded by Councillor Robinson THAT Rob Gerber be advised of Council's decisions regarding the 2007 Current and Capital Budget. "CARRIED" Resolution #C-153 -07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the delegations of Gerry Johnston, Dr. Ed Osborne, Dave Clark, Ernest Burnie, Brian Purdy, Dan Carter, Richard Olsen, Norma Lewis, Don Terry, Brad Hill, and Donna Metcalf-Woo be received for information; and THAT they be advised that the request for funding from the Memorial Hospital Foundation Bowmanville has been tabled for two weeks. "CARRIED" 1210 Clarin2ton Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: October 1, 2007 Resolution #: Report#: COD-054-07 File #: By-law #: Subject: Pay Equity Phase 2 — Change of Consultant Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-054-07 be received; 2. THAT the Purchasing By-law be waived to permit the Chief Administrative Officer and the Director of Corporate Services to negotiate with a consultant to complete the phase 2 revised Pay Equity Plan; 3. THAT the additional funds required to complete phase 2, approximately $15,000, be provided from the unexpended funds in the Unclassified Administration — Staff Development account #100-21-211-X-7203; 4. THAT the CUPE President be advised of Council's decision, and be invited to participate in the Phase 2 process as required; 5. THAT the Library Executive Director be provided a copy of this report for information and the opportunity for input into the revision of the Pay Equity Plans and process, and to advise the Library Board of Council's actions; and 6. THAT the elements of the revised plan and posting requirements remain as approved under report COD-44-06. 1211 Attachment: COD-44-06 t f Submitted by: Reviewed by: Marie Marano, H.B.Sc., C.M.O. Franklin Wu Director of Corporate Services Chief Administrative Officer MM/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5506 1212 REPORT NO.: COD-054-07 PAGE 3 BACKGROUND 1.0 Current Status 1.1 The Phase 2 Pay Equity Plan revision was approved by Council through report COD-44-06 (Attachment #1) with an estimated funding allocation of $30,000. The consultant engaged to complete the pay equity plan revision resigned from the project as he undertook a position which he felt conflicted with his ability to work with the Municipality. The consultant recommended a firm to complete the project, however upon review of the submission by this new consultant, Staff recommended re-issuing the request for proposal in order to ensure the process was not compromised. 1.2 The RFP was re-issued on an invitational basis in June 2007, with only one of 6 companies submitting bids. The bid submission is not being recommended as there is a question of commitment to a sub-contracted proprietary software that may have the Municipality indirectly connected to two vendors. 2.0 Recommended Consultant to Complete Phase 2 2.1 Staff have consulted with the area municipalities who have undertaken job evaluation and pay equity reviews. In these discussions a company was identified who may be able to undertake the Municipality's existing plan and transition it to a revised tool which will better reflect current pay equity environment. 2.2 In consideration of the repetitive unresponsive market for completion of the phase 2 pay equity proposal, it is recommended that the Purchasing By-law be waived to permit the CAO, in consultation with the Director of Corporate Services, Purchasing Manager and Human Resources Manager, negotiate an agreement with a firm who can complete the phase 2 plan. Preliminary discussions with such a firm suggest that there is an opportunity to negotiate with a company who is recognized in pay equity and human resource matters, however until negotiations are completed, it would be advisable not to provide details. As Senior Staff will assist in the implementation of the plan, it is anticipated that the additional funding request of approximately $15,000 should be sufficient to negotiate completion of transition to a revised plan. 2.3 The 2007 budget provided $40,000 for the anticipated cost of the phase 2 plan. Therefore the net requirement to continue at this point is an additional $15,000. Due to the importance of the legislated Pay Equity obligations it is recommended that Unclassified Administration — Staff Development account fund the remaining $15,000 to complete the project and defer the staff development initiatives to future budget consideration. The Director of Finance concurs with the recommendations. 1213 REPORT NO.: COD-054-07 PAGE 4 3.0 Consultation The Union will be consulted on the plan, in order that they can sign endorsement of it for their members, as required by the ACT. The Non-Affiliated group do not have representation to sign off on the revised plan, consequently the ACT requires their plan be posted to provide an opportunity for comment or concern to be raised. Once the posted time limits are complete, and any concerns are addressed, the revised plan will be considered approved in accordance with the Pay Equity Act. 4.0 Posting of Revised Plan Report COD-44-06 authorized posting requirements and other elements of the process which are considered to be still applicable to the phase 2 process and are recommended to be continued as approved under Report COD-44-06. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 1214 l • Leadiig the Way MEMO TO: Marie Marano, Director of Corporate Services FROM: Anne Greentree, Deputy Clerk DATE: September 12, 2006 RE: PAY EQUITY REVIEW— CONSULTANT'S FINDINGS AND PHASE 2 PAY EQUITY PAY REVISION At a meeting held on September 11, 2006, the Council of the Municipality of Clarington passed the following resolution # GPA-323-06: THAT Report COD-044-06 be received; THAT the Review Report of the existing Pay Equity Plan by D & G Dudar Consultants, be received; THAT the Chief Administrative Officer be authorized to include a pre- budget approved amount of$30,000 (inclusive of GST), in the 2007 Administration Consulting account, for the purpose of proceeding with the development and implementation of revised Pay Equity Plans and Questionnaires, for Union and Non-Affiliated Employees, including the Library; THAT the CAO be authorized to engage Consultants to undertake Phase 2 of the Pay Equity review, by developing a revised plan beginning early 2007; THAT the suspension of the pay equity job review process approved by report COD-65-05, be lifted; THAT the existing Pay Equity Plan job review process continue essentially in its current form with Supervisory Approval Criteria established by the CAO, until the revised pay equity plan and process is put into effect; THAT during the transition period until the revised pay equity plan is in place, any recommendations by the Pay Equity Committees regarding adjustment to compensation be approved by the CAO; 1215 THAT, the recommendations put forward by the Consultant, essentially as outlined in the body of this report, be approved for incorporation as appropriate in the future pay equity maintenance process; THAT the CUPE President be provided a copy of Report COD-044-06 for the purpose of reviewing the content with the Union members; THAT the CAO be authorized to seek input from the Union President, for the revision of the Pay Equity Plan for Unionized employees, which will be posted as a revised plan at the conclusion of the review; THAT the Library Executive Director be provided a copy of Report COD- 044-06 for information and opportunity for input into the revision of the Pay Equity Plans and process, and to advise the Library Board of Council's actions; and THAT, at the conclusion of the review, the CAO be authorized to post the revised Non-Affiliated Pay Equity Plan as an amended plan for comment by the Non-Affiliated group as required under the ACT. A ne Greentree CAG*bmb cc: Frank Wu, C.A.O. Steve Harding, CUPE President Edith Hopkins, CEO, Clarington Public Library CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-650 1216 • Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday September 5, 2006 Report #: COD -044-06 File #: By-law #: PA- 3a3 -00 Subject: Pay Equity Review— Consultant's Findings and Phase 2 Pay Equity Plan Revision RECOMMENDATIONS: 1. THAT Report COD-044-06 be received; 2. THAT the Review Report of the existing Pay Equity Plan by D & G Dudar Consultants, be received; 3. THAT the Chief Administrative Officer be authorized to include a pre-budget approved amount of $30,000 (inclusive of GST), in the 2007 Administration Consulting account, for the purpose of proceeding with the development and implementation of revised Pay Equity Plans and Questionnaires, for Union and Non-Affiliated Employees, including the Library; 4. THAT the CAO be authorized to engage Consultants to undertake Phase 2 of the Pay Equity review, by developing a revised plan beginning early 2007; 5. THAT the suspension of the pay equity job review process approved by report COD- 65-05, be lifted; 6. THAT the existing Pay Equity Plan job review process continue essentially in its current form with Supervisory Approval Criteria established by the CAO, until the revised pay equity plan and process is put into effect; 7. THAT during the transition period until the revised pay equity plan is in place, any recommendations by the Pay Equity Committees regarding adjustment to compensation be approved by the CAO; 1217 REPORT NO.: COD-044-06 PAGE 2 8. THAT, the recommendations put forward by the Consultant, essentially as outlined in the body of this report, be approved for incorporation as appropriate in the future pay equity maintenance process; 9. THAT the CUPE President be provided a copy of this report for the purpose of reviewing the content with the Union members; 10. THAT the CAO be authorized to seek input from the Union President, for the revision of the Pay Equity Plan for Unionized employees, which will be posted as a revised plan at the conclusion of the review; 11. THAT the Library Executive Director be provided a copy of this report for information and opportunity for input into the revision of the Pay Equity Plans and process, and to advise the Library Board of Council's actions; and 12. THAT, at the conclusion of the review, the CAO be authorized to post the revised Non-Affiliated Pay Equity Plan as an amended plan for comment by the Non- Affiliated group as required under the ACT. Submitted by: Reviewed by : Marie Marano Franklin Wu, Director of Corporate Services Chief Administrative Officer Attachment : D & G Dudar Consultants; Municipality of Clarington Pay Equity Review Report 1218 REPORT NO.: COD-044-06 PAGE 3 BACKGROUND 1.0 Pay Equity Review Authorized 1.1 Report COD-65-05 authorized the CAO to undertake an independent review of the Municipality's existing Pay Equity Plan (McDowall Plan) for applicability to today's work environment, with a report back to Council. 1.2 The review of Pay Equity questionnaires was suspended by report COD-65-05, awaiting the review of the plan and process. 1.3 Report COD-10-06 provided an in-camera update to the status of the RFP, which closed on March 1, 2006. As advised in report COD-10-06, the RFP submissions were anticipated to be within the purchasing by-law limits and funding approved by Council. The selection of the firm of D & G Dudar Consultants was determined by the CAO in conjunction with the Director of Corporate Services, Purchasing Manager, and the Human Resources Manager. 2.0 D & G Dudar Consultants Review and Recommendations 2.1 Don Dudar, of D & G Dudar Consultants met with the members of both Pay Equity Committees, including the Executive Director of the Library, for a comprehensive review of the issues surrounding the existing McDowall plan and the maintenance process. 2.2 The report of the Consultant is attached for information and reference. Senior Management concurs with the results of the review and the recommendations. 2.3 Essentially the following recommendations put forward by the Consultant, are proposed to be incorporation as appropriate in the future pay equity maintenance process under the direction of the Chief Administrative Officer: a. That the McDowall Plan for Pay Equity, and the accompanying questionnaire, be replaced with an updated tool for continued compliance with the Municipality's Pay Equity maintenance obligations; b. That organizational changes continue to be approved by Council through the annual budget process, and the CAO be authorized to effect pay equity adjustments provided they are within the approved budget and overall Corporate goals and objectives; c. That the two Committee structure remain to evaluate the pay equity review requests put forward by employees, with recommendations to the CAO for decision; 1219 REPORT NO.: COD-044-06 PAGE 4 d. That a system be established to formally record decisions and justification for recommended adjustments including decisions to grandfather or red-circle employees; e. That screening criteria be established to assist the employee in determining if a change in job function constitutes a significant change requiring a pay equity review; f. That applicants who have qualified for a review, be advised of the decision and reasoning of the Committee, by the CAO for Non-Affiliated employees, and by the Chair of the Union Committee together with a Union Representative from the Committee for Union employee applicants; g. That Employees be educated on the revised Pay Equity Plan and process, with particular emphasis on the job worth changes that require a review; h. That Supervisors review the workflow attached to review request applications that have qualified for a pay equity review to assess whether the position is performing the authorized and appropriate function, prior to approval of the request to proceed to the Committee for final review; i. That the CAO prepare a recommendation for alternate forms of recognition to address temporary or occasional work, for Council's approval. j. That future updates to the Pay Equity process will be undertaken as deemed timely by the CAO, within a 10 year period if possible, and any recommendation of substantive change put forward to Council for approval. 3.0 Next Steps; Phase 2 3.1 Phase 2 of the Pay Equity analysis was not addressed until the review of the existing McDowall plan was complete with recommendations advising on whether a new plan and process was appropriate. The recommendation from the Consultant clearly notes that the existing plan has outlived its usefulness and should be replaced. Management concurs with this recommendation. 3.2 It is recommended that a new plan and process be developed with the assistance of consultants, using the 2007 budget funds. Pre-budget approval is requested to permit the negotiation process to begin as soon as possible in 2007. 3.3 In the interim, it is therefore recommended that the existing Pay Equity review process continue so as not to impede any employee who feels that their job has changes substantially thereby warranting a review. The CAO will develop criteria applicable to the approval process of the review to ensure workflow analysis and substantial job changes are appropriately reflected; 1220 REPORT NO.: COD-044-06 PAGE 5 3.4 The consultant recommended that, consistent with the norm in both private industry, adjustments resulting from the review of pay equity applications be approved by the CAO. This is also the practice in the Durham area municipalities. It is recommended that this authority be extended over the existing and future adjustments, provided that the overall organizational goals are maintained, as approved by Council. 3.5 The intention in developing a new Union pay equity plan and process, in compliance with the Pay Equity Act, is to provide an opportunity for input by the Union into the plan applicable to its members. The plan, once agreed upon by the Bargaining Unit and the Municipality, will be posted in accordance with the ACT. It is not subject to comment by employees as the Bargaining Unit is empowered to negotiate the plan on behalf of its members. 3.6 The Non-Affiliated group, according to the ACT, have the opportunity to submit comments to the employer during the required 90 days when the plan is posted. The opportunity will be provided for the Executive Director of the Library to have input into the plans also considering that the Municipality is the Library employer for Pay Equity purposes. 3.7 It is proposed that the revised plans will incorporate a method to translate the existing pay equity scores into the new plan such that there will not be an analysis of each employee under the new criteria. The review may identify some employees who require adjustment to fit into the new plan, and it is recommended that these adjustments be approved by the CAO unless the overall adjustment is deemed to be of significant budgetary impact. 3.8 The Director of Finance concurs with the pre-budget approval recommendations outlined in this report. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 1221 • Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: October 1, 2007 Resolution #: Report #: COD-055-07 File #: By-law #: Subject: CL200745 COURTICE SKATEBOARD PARK Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-055-07 be received; 2. THAT UCC Group Inc., Toronto, Ontario with a total bid in the amount of $414,281.00 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specification of Tender CL2007-45 be awarded the contract for the Courtice Skateboard Park as required by the Engineering Department; 3. THAT funds required in the amount of$447,423.00 (which includes $414,281.00 tendering and contingencies) be drawn from 2007 Engineering Capital Account #110-32-325-83307-7401. Submitted by: Reviewed by: S rie Marano, H.B.Sc., C.M.O. Franklin Wu Director of Corporate Services Chief Administrative Officer Nan y Taylor, B.B.A., C.A Director of F'nance 9.9. Cannella, C.E.T. Director of Engineering Services MM/JDB/sm Attachments: Attachment 1 —Schedule "A", Bid Summary Attachment 2 - Memo from Engineering & Letter from van der Zalm &Associates 1222 REPORT NO.: COD-055-07 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by van der Zalm + Associates, for the Courtice Skateboard Park, as required by the Engineering Department, for the construction of a skateboard park in Courtice. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per attached summary (appendix A). As noted on the attached summary the bid received from Patterned Concrete, Toronto, ON was rejected as it was not compliant to the terms within the Tender document. The bid page was returned without signature and seal. This requirement was clearly noted within the tender specifications. The total estimated project cost is $447,423.00 (including tendering amount of $414,281.00 and contingencies) and is within the 2007 budget allocation. The funds will be drawn from Engineering 2007 Capital Account#110-32-325-83307-7401. The low bidder has not provided any services at the Municipality of Clarington to date. However, van der Zalm + associates inc. has worked with UCC Group Inc. on past projects and is recommending them for this contract. Attached as Appendix B is the letter received from van der Zalm + Associations inc. regarding this recommendation along with the letter received from Engineering endorsing their recommendation for award. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, van der Zalm + associates inc., and Purchasing, it was mutually agreed that the low bidder, UCC Group Inc., Toronto, Ontario be recommended for the contract for the Courtice Skateboard Park. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 1223 Attachment 1 • Leading the Way Municipality of Clarington SCHEDULE "A" BID SUMMARY Tender CL2007-45 COURTICE SKATEBOARD PARK BIDDER TOTAL BID (Excluding GST) UCC Group Inc. $414,281.00 Toronto, ON Rutherford Contracting Ltd. $445,921.00 Gormley, ON Ron Robinson Limited $582,521.35 Bowmanville, ON Jeffrey G. Wallans Construction Ltd. $830,000.00 Brighton, ON Patterned Concrete Ontario Toronto, ON Rejected Extension Error 1224 ATTACHMENT Revised • Leading the Way MEMO TO: Jerry Barber, Purchasing Manager FROM: Peter Windolf, Manager, Park Development DATE: September 24, 2007 SUBJECT: Courtice Skate Park CL2007-45 I have reviewed the recommendation provided by van der Zalm and Associates Inc.and offer the following comments. I concur with the recommendation to award the contract to UCC Group Inc. in the amount of $414,281 exclusive of G.S.T. for the Courtice Skate Park. UCC Group has successfully complete skate park projects recently in Brampton and Mississauga. A contingency amount of 8% is carried forward for the project. Therefore the following is the Municipal breakdown for the above referenced project; Courtice Skate Park Account 110 32 325 83307 7401 Total Project $447,423 Amount 2007 Budget $450,000 Amount Estimated $2,577 Budget Remaining 1225 Attachment No. 2 Regards, Peter Windolf, Manager, Park Development Attachment Cc Tony Cannella, Director of Engineering Nancy Taylor, Director of Finance CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 1226 Attachment No. 2 r J{T:Cie! Ivet 2edute•E-ivitorme71a1 Plunrirg+Umvi Geb-ip September 171h, 2007 Sandra McKee The Municipality of Claringlon dQ Tenliperan:ce Street 8cwmanvi lie, Ontario L 1 C 3A5 Dear Sandra McKee, RE. Tender Contract CL2007-45-Concrete Skatepark The 'nd yidual tenders for a concrete skatepark have been issued and closed as of September 6'h. 2007. VVe received bids from four separate companies resPeclrvely.)A(e•.ere p!eased with the quality of construction firms who submitted. .after examiration of the individual tender submissions we can confirm that UCC; Group Inc. was the lowest, compliant bid. We have evaluated 'dhe submissions and have found then,to be compliant ire that they have completed the stipulated bid form accurately and completely, and they have submitled relevant` ersent of$Ljrety' and bid bcnds from a reputable bonjing company. We recommend UCC Grcup for award of the Concrete Skatepark project for the sum of $414,281.00 plus GST. S cerely. w. Maly,van oer ZaIm P rin'blpal t-an dcr 7alM 4 3ssocta;ft tnc. P 604 e-92.04;24 s v,34 K!!'D"411) P 6'L,4.8821 '002 t r FjC;4 e8'11 C,. :. de 22130- 1177'V.' est H:iShr•)5 SCPt3 7�r, ;.i-chousc Ges.an I_G3 Fr. rt Cc,jriC.y FEE 2K3 l6're y,$i dish 1227 HANDOUTS / CIRCULATIONS FOR GP&A I& P I !l 1070CT01 An 9:05:40 Brian Harold Hoskin and Kevin James Hoskin October 1, 2007 Page 1 of 2 The Corporation of the Municipality of Clarington Attention: Clerk's Department, 2 Floor 40 Temperance Street Bowmanville, ON L1 C 3A6 Re: COPA 2007-0011 and ZBA 007-0036 We are the owners of properties on ad, more specifically described as PIN 266440110 and 266440111. Please accept this letter as our preliminary submission with respect to the proposed amendments and secondly as our request to be notified of subsequent meetings or other municipal processes relating to present or future use of our lands. We would like you to extend to us and our representatives the opportunity to be party to any future hearings or appeals. The lands are currently used for farming with a residence. Our understanding is that our lands are currently zoned and designated for industrial uses. The proposed zoning and official plan amendments would limit the use of our properties to Environmental Protection uses to support a centralized storm water facility and a highway interchange. We are opposed to the amendments. We question why the municipality would unfairly burden our properties with a large storm water pond to the benefit of so many other properties including some that are not even located within the urban boundary. It is our opinion that other land uses for our property would be more compatible based on topography, serviceability and location. Only a small area of our property is within the conservation authority's mapped flood line. Our location is directly adjacent to an expressway and planned interchange. We suggest that you consider alternatives which share the burden of a group of storm water facilities. The beneficial location of properties with direct highway access and exposure should be exploited with compatible land uses. Proposed land use classifications, designations and policies appear to unfairly limit property uses and development configurations. r Re: COPA 2007-0011 and ZBA 2007-0036 Page 2 of 2 We would like to see a detailed policy which dictates terms of compensation to landowners burdened with storm water facilities in advance of amending the by- law and official plan. We do not support policies which excessively limit the use and configuration of land developments adjacent to a storm water facility or highway. We would like to co-operatively investigate alternatives to resolve our concerns and invite you to contact us by mail at the above address or by telephone at Yours truly, Bnan arofd_�loskin and Kevin James Hoskin