HomeMy WebLinkAbout09/07/2004
.
'.
THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee
ROLL CALL
Present Were:
Also Present:
.
September 7,2004
Minutes of a meeting of the General Purpose and
Administration Committee held on Monday.
September 7.2004 at 7:00 p.m., in the Council
Chambers.
Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services. D. Crome
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance/Treasurer. N. Taylor
Divisional Fire Chief, G. Weir
Solicitor. D. Hefferon
Deputy Clerk, M. Knight Stanley
Clerk II. C. Doiron
Mayor Mutton chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
MINUTES
.
Councillor Ping Ie indicated that she will be stating a pecuniary
interest regarding Confidential Report PSD-108-04.
Resolution #GPA-343-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the minutes of a regular meeting of the General Purpose and
Administration Committee held on June 21.2004. be approved.
"CARRIED"
301
G.P. & A. Minutes
.
DELEGATIONS
.
.
-2-
September 7.2004
(d) Lynda Towsend-Renaud, Solicitor, Lyn Townsend-Renaud
Law Office, 1400 Cornwall Road, Suite 2, Oakville,
L6J 7W5 - regarding Report PSD-104-04. Ms. Towsend-
Renaud is the lawyer for both Beth Kelly (delegation a) and
Robert Hann (delegation b) and she is speaking on their
behalf. She agrees with four out of the five recommendations
in Report PSD-104-04. It is Number 4, a denial to the request
to have the designation of lands changed from high density to
medium density, that she would like to address to the
Committee. They would like to construct townhouses rather
than apartment buildings. She introduced Bryce Jordan
(delegation c) GM Sernas Associates, 110 Scotia Court, Unit
41. Whitby, L 1 N A Y7 who stated that the property is
designated as high density and he and his associates would
like to have this changed to medium density. He believes that
high density is not appropriate within the Bowmanville area
even though the location would be ideal with the GO station
proposal for that area. Medium density would be a
compromise. He stated that the previous owner had the
zoning for this property designated for high density.
(e)
Dr. Peter Zakarow, 282 Liberty Street North, Bowmanville,
L 1C 2N1 - regarding Report PSD-1 04-04, Dr. Zakarow stated
that the intersection is a very busy corner now and it would be
extremely congested if they allowed this designation to
proceed. He also mentioned that the school board is
concerned about the over population if apartments were to be
erected. He agreed to reduce to medium density. If there was
to be apartments erected this would take away from privacy in
homes and backyards. He does not want a high rise
apartment. High rises should be located closer to the
downtown sector. He has reservations about having a high
rise building in his backyard.
(f) Mario Veltri, 68 King Street, Bowmanville, L 1 C 3X2 - regarding
Report PSD-104-04. Mr. Veltri agrees with Dr. Zakarow that
high density would not be appropriate in this area, it will
change the aesthetics of the sites that he is prepared to build.
(g) Tony Samson, TS Environmental, 373 Lake Road,
Bowmanville, L 1C 4P8 - regarding Site Plan Approval SPA-
2004-017. Mr. Samson is asking that the Planning
Department reimburse his $25,000 Letter of Credit regarding
the landscape on a building that has not yet been erected.
:lD2
GP. & A. Minutes
.
(h)
- 3 -
September 7,2004
Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1 -
regarding Percentage of natural cover in Black/Farwell
suitable for infiltration and why rehabilitation is needed. Ms.
Racansky circulated a copy of her presentation and stated that
she is concerned about the Black-Farewell watershed study
prepared by CLOCA, Ganaraska, GRCA, Environment
Canada. Ontario Power Generation and Durham Region for
Durham Regional costal wetlands. She feels that the
community wants a clean and steady supply of water,
protection against flood. contamination of water and recent
severe climate conditions like rain. air temperature. winds. All
this depends on the amount of natural areas within our
watersheds. She requested Council and Municipal Staff to
consider current conditions of the Black-Farewell. Start
making plans for rehabilitation and avoidance/protection of the
remaining natural area in all ongoing and future projects. It
was not so long ago that this watershed was the most
extensive forested area within CLOCA's jurisdiction according
to the previous studies.
Resolution #GPA-344-04
.
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the Committee recess for 10 minutes.
"CARRIED"
The meeting reconvened at 7:50 pm.
Councillor Schell chaired this portion of the meeting.
PUBLIC MEETINGS
Pursuant to the Planning Act, the Council of the Municipality of
Clarington, through its General Purpose and Administration
Committee. is holding a Public Meeting for the following applications:
(a) Application for Draft Plan of Condominium Approval
Applicant: 426719 Ontario Inc.
Report PSD-097 -04
(b)
.
Application to Amend the Clarington Official Plan and Zoning
By-law 84-63
Applicant: The Kaitlin Group
Report PSD-098-04
~ (} ~~
G.P. & A. Minutes
.
.
.
- 4 -
September 7,2004
(c)
Application to Amend the Zoning By-law
Applicant: Prestonvale Heights Limited
Report PSD-099-04
David Crome, Director of Planning Services provided a verbal report
pertaining to Report PSD-097-04.
(a) The proposed draft plan of condominium submitted by 426719
Ontario Inc. would permit condominium tenure for an existing
(13) unit industrial building.
No one spoke in opposition to or in support of this application.
The applicant was present but did not wish to speak.
David Crome. Director of Planning Services provided a verbal report
pertaining to Report PSD-098-04.
(b)
The application would add a Medium Density symbol in the
Clarington Official Plan and rezone the lands from "Agricultural
(A)" to an appropriate zone to permit the development of 62
townhouse condominiums.
Thorsten Koseck, 7 Munday Crt., Bowmanville, L 1 C 4R7
spoke in opposition to this application. He presented a petition
from the residents of Munday Court. The residents oppose
the application for the following reasons:
. Environmental;
The Amendment ZBA-2004-027 as shown in the letter does
not adhere to the Brookhill Subwatershed Study
Water Quaility Control
Flood and Erosion Control
Wildlife Impact
Review all environment effects to ensure that it is in
keeping with the Durham Regional Official Plan
. Safety;
Traffic mergence from Stevens Road to Highway #57.
and the increase of traffic flow along the Longworth
Road extension
i)u4
G.P. & A. Minutes
.
.
.
- 5 -
September 7, 2004
Pedestrain traffic from the proposed development,
plans do not indicate sidewalks or safe
passage/crossing for access to downtown Bowmanville
or to the businesses across Highway #57
Bank erosion is extensive along the edge of the tree line.
The residents of Munday Court recommend that the
mentioned lands be kept as "Agricultural" or re-zoned to
"Parklands" with soccer fields, playgrounds and access to the
Bowmanville Creek.
Robert Stevens, 33 Stevens Road, Bowmanville, L 1 C 4R7
spoke in support of the application. Mr. Stevens stated that he
contacted three persons listed on the petition that were
opposed to this application, and they stated that they are not
in opposition. He also stated that he has lived in Bowmanville
for the past 76 years and does not wish to ever move. He
would like to live in the upscale condominium that is proposed
for this area. He is the previous owner of the said lands, and
he stated that he would not have sold his property to the
developer if he didn't feel that the condominium development
would not deface the value of any of the homes or hurt the
community in any way.
Kelvin Whalen, 1029 McNicoll Avenue, Scarborough,
M1W 3W6 was present to answer any questions and
concerns. The developer proposes to build upper scale
bungalow style with some two storey townhouses.
David Crome. Director of Planning Services provided a verbal report
pertaining to Report PSD-099-04.
(c) The proposed Zoning By-law Amendment submitted by
Prestonvale Heights Limited would permit the development of
a commercial/residential mixed development with 1020 m2 of
ground floor commercial spaces, and eight (8) residential units
on the second floor.
No one spoke in opposition to or in support of this application.
Nick Mensink, GM Sernas and Associates, 110 Scotia
Court, Unit 41, Whitby, L 1 N 8Y6, the applicant, stated that
there are stiil some fine tuning for this application to be
completed.
JU5
G.P. & A. Minutes
- 6 -
September 7, 2004
.
PLANNING SERVICES DEPARTMENT
Draft Plan of Resolution #GPA-345-04
Condominium
Application Moved by Councillor Robinson, seconded by Councillor MacArthur
426719 Ont. Inc.
.
Clarington
OPA Amendment
and Zoning
By-law
Amendment to
Permit a 62 Unit
Townhouse
Complex
THAT Report PSD-097-04 be received:
THAT the draft plan of condominium application, submitted by
426719 Ontario Inc. be referred back to Staff for further processing
and preparation of a subsequent report pending receipt of all
outstanding comments; and
THAT the interested parties listed in Report PSD-97-04 and any
delegations be advised of Council's decision.
"CARRIED"
Resolution #GPA-346-04
Moved by Councillor Trim, seconded by Councillor Ping Ie
THAT Report PSD-098-04 be received;
THAT the applications to amend the Clarington Official Plan and
Zoning By-law submitted by the Kaitlin Group to permit a 62 unit
townhouse complex be referred back to staff and held in abeyance
until the completion of the Brookhill Subwatershed Study and the
Brookhill Secondary Plan; and
THAT the interested parties listed in Report PSD-098-04 and any
delegations be advised of Council's decision.
"CARRIED"
Proposed Zoning Resolution #GPA-347-04
By-law
Amendment to Moved by Councillor Robinson. seconded by Councillor MacArthur
Permit a Mixed
Use Development THAT Report PSD-099-04 be received:
.
THAT the application submitted by Prestonvale Heights Limited be
referred back to Staff for further processing and the preparation of a
further report following the receipt of all outstanding agency
comments; and,
"nl.-:
.n) u
G.P. & A. Minutes
.
Application for
Removal of
Holding
.
Draft Plan of
Subdivision
and Rezoning
Appl.
.
- 7 -
September 7,2004
THAT the interested parties listed in Report PSD-099-04 and any
delegations be advised of Council's decision.
"CARRIED"
Resolution #GPA-348-04
Moved by Councillor Trim, seconded by Councillor Foster
THAT Report PSD-100-04 be received:
THAT the application submitted by 2001544 Ontario Limited to
remove the Holding (H) symbol be approved and that the By-law
attached to Report PSD-100-04 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-100-04 and any
delegations be advised of Council's decision.
"CARRIED"
Resolution #GPA-349-04
Moved by Councillor MacArthur, seconded by Councillor Trim
THAT Report PSD-101-04 be received:
THAT the City of Oshawa be advised that the Municipality of
Clarington would have no objections to the approval of the proposed
Draft Plan of Subdivision (S-0-2004-02) and Rezoning Z-6/2004,
provided that:
(a) The City of Oshawa confirm in writing that it will assume and
accept all costs of street illumination and/or sidewalk
improvements that are deemed necessary on Townline Road as a
result of this development including all future maintenance; and
(b) The condition contained in Attachment 3 to Report PSD-101-04 is
incorporated in any Draft Approval;
THAT a copy of Report PSD-101-04 be forwarded to the City of
Oshawa Planning Department and Region of Durham Planning
Department; and
THAT the interested parties listed in Report PSD-1 01-04 be advised
of Council's decision.
"CARRIED"
'iO '7
GP. & A. Minutes
- 8 -
September 7,2004
Monitoring of the Resolution #GPA-350-04
Decisioins of
the Committee Moved by Councillor Pingle. seconded by Councillor Trim
Adjustment for
June, July, and THAT Report PSD-102-04 be received; and
August 2004
.
.
Semi-Annual
Report on Site
Plan Activities
January 1 to
June 30, 2004
OPA and
Rezoning
Applications
Halloway
Holdings Ltd.
& Towchester
Dev. Ltd.
.
THAT Council concurs with the decision of the Committee of
Adjustment made on June 24, July 8. July 29 and August 19, 2004
for applications A2003/021. A2004/017. A2004/019, A2004/020,
A2004/021, A2004/022, A2004/023, A2004/024, A2004/-25,
A2004/026, A2004/027, A2004/028, A2004/029, A2004/030,
A2004/031, A2004/032. A2004/033. A2004/034 and A2004/035; and
THAT Staff be authorized to appear before the Ontario Municipal
Board to defend the decisions of the Committee Adjustment.
"CARRIED"
Resolution #GPA-351-04
Moved by Councillor Robinson. seconded by Councillor Foster
THAT Report PSD-103-04 be received for information.
"CARRIED"
Resolution #GPA-352-04
Moved by Mayor Mutton, seconded by Councillor Pingle
THAT Report PSD-104-04 be received;
THAT the Ontario Municipal Board be requested to defer the
Application submitted by Halloway Holdings Limited and Towchester
Developments Limited to redesignate lands from "Local Central Area"
to "Medium Density Residential" within Subject Site 1 until the
Municipality's Commercial Policy Review has been completed;
THAT the Ontario Municipal Board be requested to approve the
application submitted by Halloway Holdings Limited and Towchester
Developments Limited to reduce the amount of retail commercial
floorspace from 3,500 m2 to 1.700 m2 within the "Local Central Area"
located at Subject Site 2;
;)00
G.P. & A. Minutes
.
Planning Reform
Initiatives:
Consultation
Discussion Paper
On Planning Act
Reform
.
Planning Reform
Initiatives:
Discussion Paper
on OMB Reform
Confidential
Reports
Property Matter
.
- 9 -
September 7,2004
THAT the Ontario Municipal Board be requested to deny the
application submitted by Halloway Holdings Limited and Towchester
Development Limited to redesignate lands contained within the
"Local Central Area" from "High Density Residential" to "Medium
Density Residential" located at Subject Sites 2 and 3; and
THAT the Ontario Municipal Board and all interested parties and
delegations iisted in Report PSD-104-04 and any delegations be
advised of Council's decision.
"CARRIED"
Resolution #GPA-353-04
Moved by Councillor MacArthur. seconded by Councillor Robinson
THAT Report PSD-105-04 be received and endorsed as the
Municipality's comments on the Consultation Discussion Paper #1 on
Planning Act Reform and Implementation Tools and Consultation
Discussion Paper #2 on the Provincial Policy Statement; and
THAT Report PSD-105-04 be forwarded to the Ministry of Municipal
Affairs and Housing and the Region of Durham Planning Department.
"CARRIED"
Resolution #GPA-354-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report PSD-1 06-04 be received and endorsed as the
Municipality's comments on the Consultation Discussion Paper #3 on
Ontario Municipal Board Reform; and
THAT Report PSD-1 06-04 be forwarded to the Ministry of Municipal
Affairs and Housing and the Region of Durham Planning Department.
"CARRIED"
Resolution #GPA-355-04
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Confidential Reports PSD-107-04 and PSD-108-04 be referred
to the end of the agenda to be considered at a "closed" meeting.
"CARRIED"
:)(19
G.P. & A. Minutes
- 10 -
September 7,2004
.
Naming of
Street in
Port of
Newcastle
Resolution #GPA-356-04
Moved by Mayor Mutton, seconded by Councillor Trim
THAT the Planning Services Department take appropriate steps to
have a street in the Port of Newcastle development named "Corporal
Patterson Lane"; and
THAT the poppy symbol be excluded from the street sign.
"CARRIED"
Councillor MacArthur chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
Appointment
Of Building
Inspector
Resolution #GPA-357-04
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Report EGD-39-04 be received;
.
THAT Mr. Bill Tan be appointed as Inspector for the Municipality of
Clarington effective Tuesday. September 7.2004 and that his name
be added to Schedule 'B' of By-Law 2004-092; and
THAT the appropriate by-law be forwarded to Council.
"CARRIED"
Monthly
Report
June 2004
Resolution #GPA-358-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report EGD-40-04 be received for information.
"CARRIED"
Monthly
Report
July 2004
Resolution #GPA-359-04
Moved by Councillor Schell, seconded by Mayor Mutton
THAT Report EDG-41-04 be received for information.
.
"CARRIED"
'... 0
..IJ
G.P. & A. Minutes
.
Confidential
Report
Property Matter
Bowmanville
Downtown
Streetscape
Revitalization
.
- 11 -
September 7.2004
Resolution #GPA-360-04
Moved by Councillor Schell. seconded by Councillor Foster
THAT Confidential Report EGD-42-04 be referred to the end of the
agenda to be considered at a "closed" meeting.
"CARRIED"
Resolution #GPA-361-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report EGD-43-04 be received;
THAT sidewalk replacement from Scogug Street to Silver Street and
from Division Street to George Street in the amount of $60.500 be
added to the contract works;
THAT the works and associated project costs in the amount of
$211,026.90 deferred as part of the staff award of Contract
CL2004-12 be added back into the contract;
THAT additional funding in the amount of $270,000 be allocated to
the project from the General Capital Reserve # 100-00-000-00000-
2917; and
THAT members of the Downtown Bowmanville Community
Improvement Program Steering Committee be advised of Council's
decision through Faye Langmaid of the Planning Services
Department, FORTHWITH.
"CARRIED"
OPERATIONS DEPARTMENT
There were no reports considered under this section of the agenda
EMERGENCY SERVICES DEPARTMENT
There were no reports considered under this section of the agenda.
COMMUNITY SERVICES DEPARTMENT
.
There were no reports considered under this section of the agenda.
Councillor Foster chaired this portion of the meeting.
Jl1
G.P. & A. Minutes
- 12 -
September 7,2004
.
CLERK'S DEPARTMENT
Livestock,
Poultry and
Honey Bee
Resolution #GPA-362-04
Moved by Councillor Schell. seconded by Councillor Robinson
THAT Report CLD-27-04 be received for information.
"CARRIED"
Banning of Resolution #GPA-363-04
Pitbulls
and other vicious Moved by Mayor Mutton. seconded by Councillor MacArthur
dogs
THAT Staff investigate the banning of Pitbulls in Clarington in
co-ordination with other Municipalities in the Region of Durham,
including restrictions and requirements being placed on their owners.
"CARRIED"
Mayor Mutton chaired this portion of the meeting.
.
CORPORATE SERVICES DEPARTMENT
Tender Awards Resolution #GPA-364-04
Summer Council
Break Moved by Councillor MacArthur. seconded by Councillor Foster
THAT Report COD-044-04 be received; and
THAT the By-laws attached to Report COD-044-04. marked
Schedules "A", "B", "C", "D" and "E" authorizing the Mayor and Clerk
to enter into the necessary agreements be approved.
"CARRIED"
RFP2004-10
Consulting
Services
Resolution #GPA-365-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report COD-045-04 be received;
.
~12
G.P. & A. Minutes
- 13-
September 7,2004
.
THAT Hemson Consulting Ltd.. Toronto. Ontario with a total bid in
the amount of $79.388.00 (including disbursements plus G.S.T.),
being the lowest most responsible bidder meeting all terms,
conditions and specifications of Request for Proposal RFP2004-10
be awarded the contract for the Consulting Services for the
Development Charges and Official Plan Growth Management Study
as required by the Finance and Planning Services Departments;
THAT the funds be drawn from Account #100-50-130-X-7160,
Planning Consulting; and
THAT the By-law attached to Report COD-045-04 marked Schedule
"A" authorizing the Mayor and Clerk to execute the necessary
agreement be approved.
"CARRIED"
FINANCE DEPARTMENT
Financial
Update
Resolution #GPA-366-04
Moved by Councillor Schell, seconded by Councillor Trim
.
THAT Report FND-017-04 be received;
THAT a Rate Stabilization Reserve Fund be established pursuant to
the By-law attached to Report FND-017-04;
THAT the non-refundable portion of the Assessment Appeals
Reserve Fund be transferred to the Rate Stabilization Reserve Fund;
THAT any unencumbered balance remaining in the Working Funds
Reserve be transferred into the Rate Stabilization Fund; and
THAT any annual surplus or deficit as a result of the annual audit be
financed from the Rate Stabilization Reserve Fund.
"CARRIED"
Clarington
Address
Locations
Resolution #GPA-367-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT Report FND-018-04 be received for information; and
.
J13
G.P. & A. Minutes
- 14 -
September 7,2004
.
THAT the Municipal Property Assessment Corporation be thanked for
their assistance in this matter.
"CARRIED"
CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
There were no reports considered under this section of the agenda.
UNFINISHED BUSINESS
Tony Samson
delegation
Resolution #GPA-368-04
Moved by Councillor Trim. seconded by Councillor Schell
THAT the request of Tony Samson for the Municipality of Clarington
to reimburse this letter of credit of the amount of $25.000 be referred
to the Director of Planning Services.
"CARRIED"
.
Libby Racansky
delegation
Resolution #GPA-369-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT the delegation of Libby Racansky be referred to Staff.
"CARRIED"
OTHER BUSINESS
Joseph Caruana. Director of Community Services, gave an update
on the expected completion date for the Fire Hall/Police Station to be
April. 2005. The Indoor Soccer Facility has been delayed due to
unforeseen weather conditions, the opening date should be in
November or December, 2004.
Confidential
Reports
Resolution #GPA-370-04
Moved by Councillor Schell, seconded by Councillor Pingle
THAT the Committee recess for five minutes and reconvene at a
"closed" meeting for consideration of Confidential Reports
PSD-107-04, PSD-108-04 and EDG-42-04 pertaining to property
matters.
.
"CARRIED"
iH4
GP. & A. Minutes
.
Ratify Actions
ADJOURNMENT
.
.
- 15-
September 7.2004
Councillor Pingle, stated a pecuniary interest regarding Confidential
Report PSD-108-04 due to her house being in close proximity of
subject sites.
Resolution #GPA-371-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the actions taken at the "closed" meeting be ratified.
"CARRIED"
Resolution #GPA-372-04
Moved by Councillor MacArthur. seconded by Councillor Foster
THAT the meeting adjourn at 9:50 p.m.
"CARRIED"
MAYOR
J15