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HomeMy WebLinkAbout10/22/2007 • (EinergWng Ontarlo GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: October 22, 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 October 1, 2007 301 4. (a) PRESENTATIONS There are no presentations. (b) DELEGATIONS (i) Glenn Genge, DG Biddle Associates, Prestonvale Land Corporation, regarding PSD-117-07 - Application for Proposed Plan of Subdivision and Zoning By-law Amendment 5. PUBLIC MEETINGS There are no Public Meetings. 6. PLANNING SERVICES DEPARTMENT (a) PSD-117-07 Application for Proposed Plan of Subdivision and Zoning 601 By-law Amendment Applicant: Prestonvale Land Corporation and Paul Lysyk Family Trust (b) PSD-118-07 Monitoring of the Decisions of the Committee of 620 Adjustment for the Meeting of October 4, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. &A. Agenda - 2 - October 22, 2007 (c) PSD-119-07 Ontario Municipal Board Decision on Minutes of 628 Settlement for Amended Conditions of Draft Approval for Draft Plan of Subdivision Applicant: Headgate Developments Inc. (d) PSD-120-07 OMB Decision on Minutes of Settlement for Rezoning and 632 Draft Plan of Subdivision Applications to Permit Medium Density Residential Uses Applicant: First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper (e) PSD-121-07 Waterfront Trail 638 Wilmot Creek Life Style Community 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-053-07 Confidential Legal Matter (b) EGD-054-07 Courtice Heights North Subdivision, Courtice, Plan 701 40M-1994, 'Certificate Of Acceptance' And 'Assumption By-Law', Final Works Including Roads and Other Related Works (c) EGD-055-07 Monthly Report on Building Permit Activity for September 706 2007 8. OPERATIONS DEPARTMENT (a) OPD-010-07 Recycling Blue Boxes, Garbage Bag Tag Sales, BIA 801 Recycling Metro Bins and Special Events and Clarington Resident Guide to Reduce, Reuse, Recycle 9. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-014-07 Monthly Response Report— September 2007 901 10. COMMUNITY SERVICES DEPARTMENT (a) CSD-016-07 Municipality of Clarington's Participation in the Summer 1001 Jobs Service Program (b) CSD-018-07 Hockey/ UOIT Hockey Day in Clarington 1006 11. CLERK'S DEPARTMENT (a) CLD-033-07 Animal Services Adoption Fees 1101 G.P. &A. Agenda - 3 - October 22, 2007 12. CORPORATE SERVICES DEPARTMENT No Reports 13. FINANCE DEPARTMENT (a) FND-019-07 Pre-Authorized Payment Plan (PAP) for Taxes 1301 (b) FND-020-07 List of Applications for Cancellation, Reduction, 1305 Apportionments or Refund of Taxes 14. CHIEF ADMINISTRATIVE OFFICE No Reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS (a) Minutes of September 17, 2007 meeting of the General Purpose and Administration Committee Meeting — Public Meeting concerning ADESA Auction Canada Corp. 17. ADJOURNMENT Clarin�ton L.omAi e.war General Purpose and Administration Committee Minutes October 1, 2007 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, October 1, 2007 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Internal Auditor, Laura Barta 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 Foster indicated that he would be stating a pecuniary interest with respect to Report PSD-110-07. Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to the Report from the Solicitor- Confidential Legal Matter. MINUTES Resolution #GPA-569-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT the General Purpose and Administration Committee minutes of the regular meeting held on September 17, 2007, be approved. CARRIED 301 General Purpose and Administration Committee Minutes October 1, 2007 PRESENTATIONS There are no presentations. DELEGATIONS Resolution #GPA-570-07 Moved by Councillor Novak, seconded by Councillor Woo THAT the Agenda be altered to add Jaison Gibson, Linda Rancier and Kerry Meydam to the list of delegations. CARRIED Jaison Gibson addressed the Committee regarding solutions to the incineration and related issues. He inquired as to whether the neighbours across Lake Ontario have been informed of the proposed incineration, as they will receive some of the fall out. Mr. Gibson would like to see the Municipality take a leadership role, start doing the same as England has done, and make Clarington a Free Trade Town. This would hopefully make the public more aware of their purchases. Mr. Gibson stated that a fair trade town would lead to happier and healthier citizens. Linda Rancier addressed the Committee regarding curfew enforcement for children under the age of 18 years as well as extra police patrol. There has been a significant increase in vandalism in her neighbourhood. Ms. Rancier informed the Committee that the vandalism and theft has been very costly to her and her neighbours. The vandalism has affected her insurance rates. Ms. Rancier informed the Committee her neighbours are willing to sign a petition to have more police patrol. She reported that the local parks are full of broken glass and garbage, and the kids are in the parks in the early hours of the morning misbehaving. She stated she does not take her kids to the park because of the mess and she is concerned for their safety. Ms. Rancier requested increased service levels for Clarington from Durham Regional Police and that curfews be set for the youth and that both the youth and their parents be held accountable for their actions. Kerry Meydam addressed the Committee regarding the times and dates for the Public Information Sessions in regards to the Energy from Waste. Ms. Meydam informed the Committee that there have been several different dates and times published regarding this meeting and she would like clarification as to which one is correct. Ms. Meydam would like the Committee to question the Region as to why the public information sessions cannot be held at 7:00 pm instead of 9:00 pm, as well, she requested a third public session meeting be scheduled so that more people can attend. She would like to see this third session held in Courtice, either at 7:00 pm or on a weekend. .2 - 302 General Purpose and Administration Committee Minutes October 1, 2007 Councillor Novak chaired this portion of the Meeting. PUBLIC MEETING (a) Subject: Application to Amend The Clarington Official Plan Applicant: Arnold Geisberger Report: PSD-110-07 Glen Ferguson, Junior Planner, Planning Services Department provided a verbal report pertaining to Report PSD-110-07. No one spoke in opposition to or support of Report PSD-110-07. The Applicant, Mr. Arnold Geisberger and Mr. Ron Worboy were present to answer any questions. Mr. Worboy asked that the Committee keep in mind that the application is in keeping with the spirit of the Clarington Official Plan. Mr. Worboy informed the Committee that Mr. Geisberger owns 900 acres and four of the six houses are occupied by family members, the other two are occupied by farm helpers. (b) Subject: Proposal to Amend the Clarington Official Plan and Zoning By-Law 84-63 Report: PSD-111-07 Dean Jacobs, Planner, Planning Services Department provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-111-07. Ms. Jayne Salisbury spoke in opposition to the application contained in Report PSD-111-07. Ms. Salisbury has concerns over how the proposed changes will affect her property. She does not understand how the property can become environmentally protected when it is currently farm land. Ms. Salisbury would like clarification on the proposed interchange and the buffer zone. Councillor Novak noted that correspondence was received by Mr. Brian Hoskin and Mr. Kevin Hoskin concerning Report PSD-111-07. No one spoke in support of Report PSD-111-07. (c) Subject: Application to Amend The Clarington Zoning By-Law Applicant: John Hinds Report: PSD-112-07 Janaka Wijesundara, Planner, Planning Services Department, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-112-07. - 3 - 303 General Purpose and Administration Committee Minutes October 1, 2007 No one spoke in opposition to Report PSD-112-07. Mr. Ron Radcliffe spoke in support of the application contained in Report PSD-112-07. Mr. Radcliffe has lived in the Newcastle area for 18 Y2 years. He informed the Committee that only three families have lived in the house at 279 King Ave E, and he welcomes the idea of having a daycare centre next door to him. Mr. Radcliffe does not feel that the proposed changes will have any effect on the water level or have an increase in the amount of garbage. He said that the neighbourhood is nice and quiet and he would like to see it stay that way. The Applicant, Mr. John Hinds was present to answer any questions. Mr. Hinds spoke to the Committee regarding the growth that Newcastle has gone through in the past fifteen years and he believes there is a need for more infrastructure in the area. Mr. Hinds informed the Committee the day care will operate between the hours of 6:00 a.m. to 7:00 p.m. He advised that a noise barrier fence would be erected, and that there would be no need for special lighting due to the fact there will,be no after school activities that would require such lighting. Mr. Hinds informed the Committee that he spoke with a local real estate representative and was told that having a day care located in this area will not have any negative effect on the values of properties in the area. Tammy Day, tenant and operator of the day care confirmed that her day care is licenced as a day care but is operated under the philosophy and teachings of the Montisourri. PLANNING SERVICES DEPARTMENT Councillor Foster stated a pecuniary interest with respect to Report PSDA 10-07, as the applicant is a member of Councillor Foster wife's church. Councillor Foster refrained from discussions and voting on this matter. 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 Resolution #GPA-571-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-110-07 be received; 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 THAT all interested parties listed in Report PSD-110-07 and any delegation be advised of Council's decision. CARRIED -4 - 304 General Purpose and Administration Committee Minutes October 1, 2007 PROPOSED AMENDMENTS TO THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW FOR THE CLARINGTON SCIENCE AND TECHNOLOGY BUSINESS PARK SECONDARY PLAN Resolution #GPA-572-07 Moved by Councillor Woo, seconded by Councillor Foster THAT Report PSD-111-07 be received; 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 THAT all interested parties listed in Report PSD-111-07 and any delegations be advised of Council's decision. CARRIED A DAYCARE FACILITY AT 279 KING AVENUE E, NEWCASTLE APPLICANT: JOHN HINDS Resolution #GPA-573-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-112-07 be received; 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 THAT all interested parties listed in Report PSD-112-07 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 13, 2007. Resolution #GPA-574-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-113-07 be received; - 5 - 305 General Purpose and Administration Committee Minutes October 1, 2007 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 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. CARRIED 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) Resolution #GPA-575-07 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report PSD-114-07 be received; 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 the by-law attached to Report PSD-114-07 be passed by Council to adopt the amendment as contained in Attachment No. 2 to Report PSD-114-07. CARRIED APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: VERMONT VILLAGE HOMES LIMITED NAPA VALLEY— PHASE IV Resolution #GPA-576-07 Moved by Councillor Hooper seconded by Councillor Foster THAT Report PSD-115-07 be received; 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; - 6 - 306 General Purpose and Administration Committee Minutes October 1, 2007 THAT the Part Lot Control By-law attached to Report PSD-115-07 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 THAT all interested parties listed in Report PSD-115-07 and any delegations be advised of Council's decision. CARRIED NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN STUDY UPDATE Resolution #GPA-577-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Report PSD-116-07 be received for information. CARRIED Resolution GPA# 578-07 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT the Committee recess for 10 minutes. CARRIED The meeting resumed at 12:10 p.m. ENGINEERING SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT OCCUPANCY LOAD — COUNCIL CHAMBERS Resolution #GPA-579-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report ESD-013-07 be received for information. CARRIED - 7 - 307 General Purpose and Administration Committee Minutes October 1, 2007 COMMUNITY SERVICES DEPARTMENT There are no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT ANIMAL SERVICES QUARTERLY REPORT—APRIL TO JUNE, 2007 Resolution #GPA-580-07 Moved by Councillor Novak, seconded by Mayor Abernethy THAT Report CLD-032-07 be received; and THAT a copy of Report CLD-032-07 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED NOTICE OF MOTION —TAXI INDUSTRY Councillor Hooper gave notice of his intention to bring forward a Notice of Motion regarding the Taxi Industry and the establishment of an advisory/ liaison committee. Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT UPDATE ON 2007 CORPORATE (NEWSPAPER) ADVERTISING PROGRAM Resolution #GPA-581-07 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report COD-053-07 be received for information. CARRIED - 8 - 308 General Purpose and Administration Committee Minutes October 1, 2007 PAY EQUITY PHASE 2 — CHANGE OF CONSULTANT Resolution #GPA-582-07 Moved by Councillor Foster, seconded by Councillor Woo THAT Report COD-054-07 be received; 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; 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; THAT the CUPE President be advised of Council's decision, and be invited to participate in the Phase 2 process as required; 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 THAT the elements of the revised plan and posting requirements remain as approved under report COD-44-06. CARRIED CL2007-45 COURTICE SKATEBOARD PARK Resolution #GPA-583-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Report COD-055-07 be received; 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; and 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. CARRIED - 9 - 309 General Purpose and Administration Committee Minutes October 1, 2007 FINANCE DEPARTMENT There are no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICE There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS DELEGATIONS —JAISON GIBSON AND KERRY MEYDAM, ENERGY FROM WASTE SOLUTIONS Resolution #GPA-584-07 Moved by Councillor Novak, seconded by Councillor Trim THAT the delegations of Mr. Jaison Gibson and Ms. Kerry Meydam be received with thanks. CARRIED DELEGATION — LINDA RANCIER, CURFEW Resolution #GPA-585-07 Moved by Councillor Novak, seconded by Councillor Trim THAT the delegation of Ms. Linda Rancier be referred to the Chief of Police and the Police Service Board. CARRIED AS AMENDED ( Resolution #GPA-586-07 see following motion) Moved by Councillor Foster, seconded by Councillor Robinson THAT the foregoing resolution be amended to add to the end of the resolution "and to the Clerk's Department for consideration". CARRIED The foregoing resolution was then put to a vote and carried as amended. Councillor Trim chaired this portion of the meeting. - 10 - 310 General Purpose and Administration Committee Minutes October 1, 2007 OTHER BUSINESS IMPLEMANTION OF SPECIAL RATES FOR PERSONS WITH DISABILITIES RECREATION PROGRAMS AND FACILITIES Resolution #GPA-587-07 Moved by Councillor Woo, seconded by Councillor Robinson WHEREAS a request has been received from a resident to implement a separate rate at the municipality's fitness centres for individuals with a disability; and WHEREAS a special Youth, Senior, Post-Secondary Student and Corporate rates are currently offered at the fitness centres; NOW THEREFORE BE IT RESOLVED that the Director of Community Services to review the request for a special Disability rate and report back to the General Purpose and Administration Committee following such review; THAT the Accessibility Advisory Committee review and provide input; and THAT Barb Glaspell be advised of Council's decision. CARRIED Mayor Abernethy stated a pecuniary interest with respect to the Report from the Solicitor— Confidential Legal Matter. Mayor Abernethy refrained from discussion and voting on this matter. Resolution #GPA-588-07 Moved by Councillor Foster, seconded by Councillor Novak THAT the meeting be "closed" to consider a confidential Legal Matter. CARRIED The meeting reconvened in "open" session at 12:45 p.m. RATIFY ACTIONS Resolution GPA#589-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the actions taken in "closed" session be ratified. CARRIED - 11 - 311 General Purpose and Administration Committee Minutes October 1, 2007 ADJOURNMENT Resolution#GPA-590-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn.at 1:46 p.m. CARRIED MAYOR DEPUTY CLERK - 12 - 312 • Leading the way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 22, 2007 Report#: PSD-117-07 File#: S-C-2007-0003 By-law#: and ZBA2007-0004 Subject: APPLICATION FOR PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: PRESTONVALE LAND CORPORATION AND PAUL LYSYK FAMILY TRUST RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-117-07 be received; 2. THAT the application for proposed draft Plan of Subdivision S-C-2007-0003 submitted by Prestonvale Land Corporation and Paul Lysyk Family Trust be APPROVED, subject to the conditions as contained in Attachment 3; 3. THAT the Zoning By-law Amendment application submitted by Prestonvale Land Corporation and Paul Lysyk Family Trust be APPROVED, as contained in Attachment 4; 4. THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner(s) of Draft Plan of Subdivision S-C-2007-0003 and the Municipality of Clarington be approved as contained in Attachment 5 and forwarded to Council for APPROVAL; 5. THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and 6. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: id . . Cr e, M.C. . P.P. ranklin Wu, Director of anning Services �°' Chief Administrative Officer SA/CP/DJC/df 16 October 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 601 .REPORT NO.: PSD-117-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Land Corporation (principal - Hannu Halminen) 1.2 Owner: Prestonvale Land Corporation and Paul Lysyk Family Trust 1.3 Agent: D.G. Biddle and Associates Ltd. 1.4" Applications: Plan of Subdivision: Residential plan of subdivision for a total of 55 single detached dwelling units.on 9.8, 10.0, 12.0 and 15.0 metre lots. Zoning By-law Amendment: To rezone the subject lands from the "Urban Residential Type One (R1) and Holding — Urban Residential Type One (H(R1)) to appropriate zones to permit the proposed plan of subdivision. 1.5 Site Area: 3.2 ha 1.6 Location: The subject lands are located in the Courtice Urban Area, east of Prestonvale Road. The majority of the application is on the north side of Oke Road (Attachment 1). The property is contained within Part Lots 32 & 33, Concession 2, and part of the road allowance between Lots 32 and 33, in the former Township of Darlington. 2.0 BACKGROUND 2.1 On December 21, 2006, Prestonvale Land Corporation submitted applications to the Municipality of Clarington for the approval of a plan of subdivision and a zoning by-law amendment. The proposed plan of subdivision application as originally submitted consisted of 38 single detached dwellings and 10 semi-detached dwellings. Following the public meeting and consultation with staff, the applicant revised the application to be more consistent with the housing mix approved in the Emily Stowe Neighbourhood Design Plan. Thus the plan of subdivision now will comprise of 55 dwelling units, all single detached. 2.2 Two land division applications were approved by the Region of Durham Land Division Committee for the land assembly associated with this proposed draft plan of subdivision. LD013/2007 and LD016/2007 added the lands south of Oke Road to the proposed plan of subdivision. 2.3 An Environmental Site Assessment Phase 1 and a Soil Investigation Report accompanied the application. These are summarized in Section 7.0 of this report. 2.4 These lands are within the Emily Stowe Neighbourhood. A neighbourhood design plan was completed and approved for this neighbourhood in 1999. The proposed application 602 REPORT NO.: PSD-117-07 PAGE 3 allows for the connection of two existing sections of Oke Road between Prestonvale Road and lands to the east of the proposed subdivision within registered Plan of Subdivision 40M-1669. The application is generally consistent with the approved neighbourhood design plan. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property currently contains two single detached dwellings, one with access to Oke Road and the other with access to Prestonvale Road. A portion of this property was previously used for agriculture and the remainder is a vacant greenfield site. 3:2 Surrounding Uses: North: urban residential —single detached dwellings South: vacant lands, previously used for agriculture, inside the Courtice urban area boundary East: urban residential — single detached dwellings West: urban residential - single detached dwellings 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) states that all new development should occur adjacent to the existing built-up area, and have a compact form. There should be efficient use of infrastructure including water and sanitary services and existing road networks. Development should be phased to ensure the orderly progression of development within a designated growth area. This application is within a planned neighbourhood, the Emily Stowe Neighbourhood (N8). Servicing is available for this development and there is an existing road network of collector and arterial roads with capacity to accommodate traffic from the proposed subdivision. The application conforms with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Growth Plan states that intensification is to be encouraged throughout built-up areas. Intensification can be achieved through infill development, such as this, where infrastructure can, accommodate the development. The Neighbourhood Design Plan identified the potential for 61 new dwelling units on these lands. The current application is for 55 new dwelling units and 5 part lots. The closure and conveyance of the Oke Road temporary turning circle lands from the Municipality of Clarington to the applicant will allow for the completion of these five (5) lots. The application conforms with the Growth Plan. 603 REPORT NO.: PSD-117-07 PAGE 4 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the land "Living, Area". Lands designated "Living Areas" shall be predominantly used for housing purposes. Development in urban areas shall have regard for: compact urban form; the use of good urban design principles; use a grid street pattern; provide for parks; access to transit; the capacity of existing services; and, the balance between energy efficiency and cost. The application conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the land "Urban Residential" and is slated for low density development. The low density policies allow development between 10-30 units per net ha, and is predominantly for single detached and semi-detached/link dwellings. Low density areas are generally internal to neighbourhoods and are not abutting arterial roads. The Clarington Official Plan designates Prestonvale Road as a collector road, and Oke Road and the future Street "A" will be local roads. Prestonvale Road will provide access to this development, linking homeowners to Highway 2 to the north and either Meadowglade, a Type 'C' arterial road or Bloor Street a Type 'A' arterial road to the south. This application conforms to the Clarington Official Plan. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 as amended, zones the subject land "Holding — Urban Residential Type One (H(R1))" and."Urban Residential Type One (R1)". The applicant has applied to rezone the property to permit the proposed subdivision development. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Environmental Site Assessment Phase 1 The Environmental Site Assessment, Phase 1 by Soil Engineers Ltd. was done in August 2005. The study indicates that the majority of the site has previously been used only for agricultural purposes, and at the northern end of the site a small area was used for a receiving tower facility owned by Rogers Cable T.V. The study reviewed historical records, observations of adjacent properties, geotechnical investigation findings and a building audit. The geotechnical investigation consisted of 4 boreholes to a depth of 6.3 metres each. No obvious signs of soil contamination were found from the test soil. The report concludes that there are no issues of environmental concern with regard to the subject property or surrounding lands. 604 REPORT NO.: PSD-117-07 PAGE 5 7.2 Soil Investigation Report The Soil Investigation for Proposed Residential Development was done by Soil Engineers Ltd. in September 2005. This study investigated the subsurface conditions and determined the engineering properties of the soils for the proposed construction of dwellings and roads. The study concluded there are no severe limiting conditions on site and provided the Ontario Building Code and Clarington Design Criteria and Standard Drawings are adhered to, construction may proceed. 8.0 AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. 8.2 Clarington Emergency Services and Rogers Cable have no objections to this proposal. 8.3 Durham Region Planning Department finds the application to be in conformity with the Regional Official Plan. They have advised that there are no servicing issues associated with the proposed development. Conditions of draft approval were provided and will need to be complied with prior to clearance by the Region for registration of this plan. o 8.4 The Kawartha Pine Ridge District School Board requests that adequate provision be made for sidewalks in this development. The Board has no other comments or concerns at this time. 8.5 Enbridge, Bell, and Hydro One Networks Inc. offered no objections to the proposal. Each agency provided standard conditions to be included in the Conditions of Draft approval. 8.6 Central Lake Ontario Conservation has no objection to the application and has provided conditions of draft approval for the proposed plan of subdivision. 8.7 Clarington Engineering Services has reviewed the application and generally finds the proposed development acceptable. The On-Street Parking Plan submitted in support of the application was found to be satisfactory. Their conditions and requirements are contained in the Conditions of Draft Approval. 9.0 STAFF COMMENTS 9.1 This is an infill development, surrounded on three sides by existing low density residential development. The owner has amalgamated four parcels to create one planned development. The site will connect to the existing road network in three locations: two connections to Prestonvale Road, which is a collector Road, and one to the existing Oke Road. 9.2 As an infill development inside the Courtice Urban Area boundary, there are existing regional services in the area for both municipal water and municipal sanitary service. 605 REPORT NO.: PSD-117-07 PAGE 6 Durham Transit currently operates a bus route along Prestonvale Road between Southfield Drive and Claret Road, providing alternate transportation opportunities. Currently there is a neighbourhood park (Stuart Park) and a parkette (Glenabbey Parkette) for use of the future residents of this proposed plan of subdivision. Similarly, there are existing public and separate elementary schools in the area as well as existing secondary schools to service this development. 9.3 Since this application was received by Staff in December 2006, a new plan of subdivision application has been received for the lands immediately abutting to the south as well as an amendment to draft approval for a plan of subdivision located to the south east. The design of these subdivisions has been coordinated with the subject application to ensure there are pedestrian linkages for connection and the three subdivisions are engineered to convey stormwater flows to shared stormwater management facilities. 9.4 There are two existing dwellings on the subject lands and both will be incorporated into the development. Lot 2 will contain an existing ranch style bungalow and the lot dimensions have been designed to meet the typical Urban Residential Type One zone regulations for lot frontage and lot area requirements. Lot 25 will also contain a single detached dwelling and the lot is designed to accommodate the dwelling on a typical Urban Residential Type Two zoned lot. 9.5 The two existing detached dwellings will front on the north side of Oke Road and on the south side of the proposed Street "A" respectively. These dwellings currently have driveway access to open maintained municipal road. The re-construction of the westerly section of Oke Road to an urban standard and the construction of the new Street "A° will disrupt the existing driveways; however, a condition of draft approval ensures that the developer will maintain access to Lots 2 and 25 during all phases of construction. 9.6 For all the new lots not containing an existing dwelling Staff is recommending site specific zoning to implement development standards with respect to lot coverage and garage projections. Concerns have been raised previously that with narrow lot development, builders develop at or close to the maximum lot coverage, thus requiring homeowners to obtain a minor variance for the construction of a deck or shed. The zoning recommended suggests a 40% lot coverage for the dwelling and a 45% total lot coverage for all buildings and structures, thus leaving 5% lot coverage for homeowners to use for decks or sheds. 9.7 The development of this plan of subdivision will require the re-numbering of two existing dwellings; 20 Oke Road and 2405 Prestonvale Road. Typically it is the Municipality's position that the Owner (developer) is responsible for the re-numbering and all costs incurred. As the dwellings are occupied by tenants, the Municipality shall require the Owner to reimburse the tenants $150.00 to compensate for the costs incurred by re- numbering. 9.8 Clarington Finance advises that for the subject lands all taxes have been paid. 606 REPORT NO.: PSD-117-07 PAGE 7 10.0 CONCLUSION 10.1 In consideration of comments received from circulated agencies and review of the proposal, staff recommends APPROVAL of the Draft Plan of Subdivision subject to all the Conditions of Draft Approval contained in Attachment 3 and approval of the proposed rezoning as contained in Attachment 4. Attachments: Attachment 1 — Key Map Attachment 2 — Proposed Draft Plan Attachment 3 Conditions of Draft Approval Attachment 4 —Zoning By,Iaw Amendment Attachment 5 — By-law Authorizing Subdivision Agreement Interested parties to be notified of Council and Committee's decision: Prestonvale Land Corporation Paul Lysyk Family Trust D.G. Biddle &Associates Hugh Neill Dawn Wardell Chris Janusitis 607 �•�� .anon• �—;��,_ . � ��■ IIIIIIIII\�� Zzz ..IIIIIIIIDjj Al ro um m �I�ii 11111111111/ �p�:ll����I�11 �� , 1111111►,� — ►�c =� -111111 •�illlllll\ — — 11111111 �► • ' 1111. p 'llln .• .. �.a If E . 1 : Attachment� #` ��,� �g� � s To Report PSD-117-07 � 4i a m lu LJ IL [k b 0 E a� °B t E E is W 7w wiS9 Fi gi ¢C a aQa �Q J F 11 6 � � 5 lbb CL L) a i Q : 1iwd a V a lwd N �i f lwd N ♦a Y lw Y m N N N s lwd awwaw °A w o r ww N of a �-� �L lwd N N � S`B lwd .. - r , I 1 d = Y a Z wd 10 N t7 f lwd ! r � O Y d a N R s N L swd m� .. c a ! L L lw m ! v ,! e iw ww co i a Q� � Q e < O m ° Qb'021 3 R ° J tY� 2¢ e a a a 3, v LO tn cu F • �9 Des ® LLJ Q d Y❑ i t 39EVN319 w; W E •a �Y r+ l Z m n i�v�f • � cu 609 Attachment 3 To Report PSD-117-07 CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISION FILE NO.: S-C-2007-0003 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2007-0003 prepared by D.G. Biddle & Associates Limited identified as project number 87,090, dated April 2006, as redline revised, which illustrates 55 lots for single detached dwellings, 5 blocks for future development, 2 blocks for daylight triangles, 1 service block for storm water management and 1 block for dedication to an abutting property owner. 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the'satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. All land dedications, easements, sight triangles and reserves as required by the Municipality for this development must be granted to the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's solicitor. 5. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. 6. The Owner shall obtain municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 7. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 8. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be removed and no site grading commenced until such time as this program has been approved except as authorized by the Municipality. 9. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of the Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 610 10. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 11. The Owner must obtain approval from the Council of the Municipality of Clarington for the legal closure and conveyance of any portion of the existing road allowance on Oke Road or any portions of other un-open road allowances that are identified on the draft plan as future private residential lands. The necessary approval from Municipal Council must be obtained prior to final approval of the subject draft plan. 12. The Owner will be responsible for 100% of�the cost, financial and otherwise, of the reconstruction on Oke Road to an urban standard. This will include all costs deemed necessary by the Director of Engineering Services to facilitate a connection between Prestonvale Road and the existing urbanized section of Oke Road. 13. Any land transfers or land exchanges that will be necessary to facilitate the urbanization of Oke Road as well as the development of the subdivision must be identified and agreed to in principle by both the Municipality and the Owner prior to the final approval of this plan. 14. The intended purpose of all easements illustrated on the draft plan must be identified. The suitability of any proposed easements the location of easements will be subject to the approval of the Director of Engineering Services prior to the final approval of this draft plan. 15. The applicant will be responsible for 100% of the cost of removing the two (2) existing turning circles located on the separate sections of Oke Road. 16. The Owner shall convey Blocks 61 and 62 for sight triangles at the corners of Oke Road and Prestonvale Road to the Municipality of Clarington. 17. The owner shall convey Block 63, with a minimum width of 6.0 metres to the Municipality of Clarington for a public walkway and storm water management purposes. The suitability of this Block and the hydrologic and hydraulic details are subject to the approval of the Director of Engineering Services prior to final approval of this draft plan. 18. The Owner shall convey land to the Municipality of Clarington for park or other public recreational purposes in accordance with the provisions of the Planning Act. Alternatively, the municipality may accept cash-in-lieu of such conveyance. 19. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 20. The Owner shall retain a professional engineer to prepare and submit a Master Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. The Master Grading Plan will be subject to review and comment at the engineering review stage of the development process. 611 21. The Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 22. The Owner shall provide access on a continuous, uninterrupted basis to the existing single detached dwellings located on Lots 2 and 25 of the draft plan during all phases of construction to the satisfaction of the Director of Engineering Services. 23. The Owner agrees that prior to registration of the Plan of Subdivision all existing accessory buildings and structures shall be removed, save and except those within the limits of Lot 2 and Lot 25 that comply with the Zoning By-law. 24. The Owner shall be responsible for 100% of the costs for the re-numbering of the existing dwellings known as 20 Oke Road and 2405 Prestonvale Road to 28 Oke Road and 96 Street "A", respectively. Furthermore, the Owner shall provide written confirmation that the Owner has reimbursed the tenants at 20 Oke Road and 2405 Prestonvale Road $150.00 as compensation for costs incurred resulting from the change in address. 25. The Owner shall be 100% responsible for the cost of the "Control. Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 26. The Owner agrees that no residential units shall be offered for sale to the public on said plan until such time exterior architectural design of each building has been approved by the Director of Planning Services. 27. The Owner agrees that no building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 28. Dwellings located on Lots 50 and 51, abutting Block 63, shall have upgraded and enhanced side elevations to the satisfaction of the Director of Planning Services, facing Block 63, and Lots 50 and 51 shall have decorative fencing along the lot line adjacent to Block 63 to the satisfaction of the Director's of Planning Services and Engineering Services and illustrated on the Landscape Plan. 29. The Owner shall submit an Energy Management Plan to the satisfaction of the Director of Planning outlining various means that the Owner will implement to support energy conservation in the subdivision and house design. 30. The Owner agrees that until such time as the necessary lands are acquired to complete Lot 1 and Blocks 56-60 inclusive, these lands shall be graded and seeded. 31. The Owner shall cause all utilities, including, hydro, telephone, cable television, etc. to be buried underground for both primary and secondary services. 32. Prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all 612 watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 33. The Owner agrees that where the well or private water supply of any person is interfered with as a result of the subdivision, the Owner shall at his' expense, either connect the affected party to municipal water supply system or provide a .new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 34. The Owner shall provide the Municipality, unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 35. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 36. The Owner shall supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and the 40M-Plan. 37. Prior to any on-site grading or construction or final approval of the plan, the Owner shall submit and obtain approval from the Central Lake Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Robinson Creek Master Drainage Plan; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; and c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Federal Fisheries Act. 38. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include application processing fees and technical review fees as per the approved Authority Fee Schedule. 613 39. Prior to final approval, a copy of the lot grading and drainage plan, showing existing and final grades, must be submitted to Hydro One for review and approval. 40. Any development in conjunction with the subdivision must not block vehicular access to any Hydro One facilities located on the right of way. During construction, there will be no storage of materials or mounding of earth or other debris on the right-of-way. 41. Prior to final approval, the Owner must grant Hydro One a supplemental easement to ensure that existing Hydro One facilities and easement rights are adequately protected. This easement must be registered on title by the Owner. 42. The Owner shall make arrangements satisfactory to Hydro One for the crossing of the hydro right-of-way' by the proposed road. A separate proposal shall be submitted to Hydro One for this future road crossing. 43. The costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the Owner. 44. The easement right of Hydro One and its legal predecessors are to be protected and maintained. 45. That the Owner acknowledges and agrees that an electrical distribution line operating at below 50,000 volts might be located within the area affected by this development or abutting this development. Section 186 — Proximity — of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 3 metres (10 feet) to the energized conductor. It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. Warning signs should be posted on the wood poles supporting the conductors stating "DANGER — Overhead Electrical Wires" in all locations where personnel and construction vehicles might come in close proximity to the conductors. 46. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to include a warning clause that identifies any lots affected by the electrical distribution line noted in Condition 45. 47. The Owner is hereby advised that prior to commencing any work within the Plan, the Owner must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Owner is hereby advised that the Owner may be required to pay for connection to and/or extension of the existing communication/telecommunication infrastructure. If the Owner elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Owner shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of the 614 communication/telecommunication services for emergency management services (i.e.; 911 Emergency Services). 48. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 49. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. 50. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the,provision and installation of sanitary sewers, water supply, roads and other regional services. 51. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Conservation Authority. c) The Owner agrees to carry out the works referred to in Conditions 37 and 38 to the satisfaction of the Central Lake Ontario Conservation Authority. d) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner acceptable to the Central Lake Ontario Conservation Authority. e) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of any on-site works. f) The Owner agrees to register on the title of all lots a notice to indicate that both the present Owner(s) and future Owner(s) are fully aware of the existence of farming operations nearby and will not object, complain or seek legal action 615 5 against such nuisances as noise and odour resulting from normal farming practices. 52. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of.Clarington shall be advised in writing by: a) Durham Region Planning Department, how Conditions 9, 10, 48 and 50 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 37, 38, 51 b), c), d) and e) have been satisfied; c) Hydro One Networks Inc. how Conditions have 39 to 46 inclusive have been satisfied; d) Bell Canada how Condition 47 has been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Durham Region Planning Department, 605 Rossland Road East, PO Box 623, Whitby, ON L1 N 6A3 (905) 668-7721 b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, LIH 3T3 (905) 579-0411. c) Hydro One Networks Inc., Facilities and Real Estate, P.O. Box 4300, Markham, Ontario L3R 5Z5 (905)-946-6235. d) Bell, Development & Municipal Services Control Centre, Floor 5, 100 Borough Drive, Scarborough, ON M1 P 4W2 616 Attachment 4 To Report PSD-117-07 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 former Town of Newcastle WHEREAS,the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement S-C-2007-0003 and ZBA2006-0004; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4"to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1)"to"Urban Residential Exception (R143)Zone"; "Urban Residential Type One (R1)"to"Holding - Urban Residential Exception ((H)R143)Zone"; "Holding - Urban Residential Type One (H(R1))" to "Urban Residential Type Two(R2)Zone"; "Holding-Urban Residential Type One (H(R1))"to"Holding- Urban Residential Exception((H)R2-26)Zone"; "Urban Residential Type One (R1)"to"Holding - Urban Residential Exception ((H)R2-44)Zone"; "Holding-Urban Residential Type One(H(R1))"to"Holding- Urban Residential Exception((H)R2-44)Zone";and "Holding-Urban Residential Type One (H(R1))"to"Holding-Urban Residential Exception((H)R2-45)Zone"; as illustrated on the attached Schedule"A"hereto. 2. Schedule"A"attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2007 BY-LAW read a second time this day of 2007 BY-LAW read a third time and finally passed this day of 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 617 This is - • to By-law 2007- passed da y of 1 1 A 11 IT LU j JIM IU II ijf�j , ► ///�,.� • I rr�0���� :LT�T'II OKE ROAD 4 Zoning iii, Zoning Change From "RI"To*(H)R1-43" zoning Change From "(H)Rl*To"R2" Zoning Change From "(H)R1"To"(H)R2-26" Jim Abernethy, Moyor Z zoning Change From "Rl"To"(H)R2-44" Zoning Change From • Patti L Borrie, Municipal Clerk zoning Change From ♦ � � 111�� �I X11► �� �� � ��i■= 111111►��I�� ,I�� ��;=,.�p..•� ,� 8 = „ � �. . . 111111 — X111 ���/. ■■/��I�� �I 1 �� ■ ��♦ 1/�- �I►� � ; i� , 11111111 �����1111 RL � ���� �� _ ■: ��..— 11111111 �� ► ♦� �—_ -• .. "'. .��. �1111111�� - ■11111 � ��:�— �� � �.. �� / - ■� X11111 =�i�= =� " � i� f/111111111■ . 1��: 111111111�� �� /►III �111111�11�1�, 111111�111111111�IIII�I�III x.111111 Illilllllllll�l� / Attachment 5 To Report PSD-117-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2007- being a By-law to authorize entering into an agreement with the Owners of draft plan S-C-2007-0003, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S-C-2007-0003 Whereas the Owner(s) of draft Plan of Subdivision S-C-2007-0003 is now ready to proceed to finalize the subdivision agreement; NOW THEREFORE 13E IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an agreement between the Owners of Draft Plan of Subdivision S-C-2007-0003. 2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality of Clarington, the said conveyances of lands required pursuant to the aforesaid Agreement. 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 619 arm n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, October 22, 2007 Report#: PSD-118-07 File No's: A2007-0048, A2007-0049 By-law#: A2007-0050, A2007-0051 &A2007-0052 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 4, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-118-07 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on October 4, 2007 for applications A2007-0048 through A2007-0052 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Reviewed by: D id . rome, M.C.I.P., R.P.P. Pfanklin Wu, Director of Planning Services Chief Administrative Officer PW*CP*DC*sh October 5, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 620 REPORT NO.: PSD-118-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR OCTOBER 4, 2007 111�g Ell e, o A2007-0048. Denial Denied A2007-0049 Tabling Approved with conditions A2007-0050 A rove Approved A2007-0051 Approve with conditions Approved with conditions A2007-0052 Approve Approved 1.2 Application A2007-0048 was filed to permit the construction of an accessory building (shed) by reducing the required rear yard setback from 1.2 metres to 0.4 metres. Staff found this application to not be minor in nature or desirable as there was no demonstrated need for a variance to reduce the rear yard setback on this property. The lot is approximately 0.5 Ha in size with sufficient room for the shed to be sited in compliance with the required setbacks. 1.3 Application A2007=0049 was filed to permit the construction of an accessory building (shed) by increasing the maximum permitted lot coverage from 40% to 56% of the main building floor area,to a maximum of 62.7 m2 (675 ftz). The proposed shed was designed with overhead doors indicative of a garage. Access to the proposed accessory building was required from an open, municipal road. The width of the existing driveway, in front of the house, would not permit access to the building so a new entrance to the property was required. The applicant proposed a driveway which appeared to encroach upon either the existing well and/or the septic bed. Staff recommended tabling the application to allow us the opportunity to consult with the Durham Regional Health Department on the ideal location of the driveway. At the meeting, the applicant proposed a revised location for the driveway eliminating Staffs concerns in this regard. Staff expressed concern that the proposed size increase to 56% of the main building floor area would not be minor. Following discussions with the applicant, the Committee approved the application at 55%, instead of the requested 56%, and placed two conditions on their approval which confirmed the location of the accessory buildings and the second driveway. Staff are satisfied the decision meets the four (4) tests for minor variance. 621 REPORT NO.: PSD-118-07 PAGE 3 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2007-0049 through A2007-0052 inclusive, are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2007-0048 through A2007-0052 inclusive, is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 622 Attachment 1 To Report PSD-118-07 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: WILLEM TERLOUW OWNER: WILLEM TERLOUW PROPERTY LOCATION: 6360 SOLINA ROAD, DARLINGTON PART LOT 25, CONCESSION 6 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0048 PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 1.2 METRES TO 0.4 METRES. DECISION OF COMMITTEE: TO DENY THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 1.2 METRES TO 0.4 METRES AS IT IS NOT MINOR AND WOULD HAVE A DETRIMENTAL EFFECT ON THE NEIGHBOURHOOD. DATE OF DECISION: October 4, 2007 LAST DAY OF APPEAL: October 24, 2007 623 lil ■■ ■ 11 _ . Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: NEIL MCCLATCHEY OWNER: DIANE MCCLATCHEY PROPERTY LOCATION: 3500 GIBSON ROAD, CLARKE. PART LOT 35, CONCESSION 3 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2007-0049 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 56% OF THE MAIN BUILDING FLOOR AREA TO A MAXIMUM OF 62.7 M2 (675 FT2). DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 55% OF THE MAIN BUILDING FLOOR AREA SUBJECT TO THE FOLLOWING CONDITIONS: THAT THE PIGEON COOP BE RELOCATED ALONG THE REAR PROPERTY LINE; & THAT THE APPLICANT RECEIVE AN ENTRANCE PERMIT FROM THE MUNICIPALITY FOR A SECOND ENTRANCE ALONG THE NORTHERN PROPERTY LINE, AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: October 4, 2007 LAST DAY OF APPEAL: October 24, 2007 624 • Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: MICHAEL DEFRIETAS OWNER: MICHAEL DEFRIETAS PROPERTY LOCATION: 3360 OLD SCUGOG ROAD, DARLINGTON PART LOT 15, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0050 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO THE PRIMARY DWELLING BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 15 METRES TO 7 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ADDITION TO THE PRIMARY DWELLING BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 15 METRES TO 7 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLANS. DATE OF DECISION: October 4, 2007 LAST DAY OF APPEAL: October 24, 2007 625 Clarineton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: VERMONT VILLAGE HOMES LIMITED OWNER: VERMONT VILLAGE HOMES LIMITED PROPERTY LOCATION: 7 SCOTTSDALE DRIVE, BOWMANVILLE PART LOT 10, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0051 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DWELLING BY REDUCING THE MININUM REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 5.3 METRES. DECISION OF COMMITTEE: TO APPROVE CONSTRUCTION OF A DWELLING BY REDUCING THE MIN REQUIRED REAR YARD SETBACK FROM 7.5 M TO 5.3 M, SUBJECT TO THE FOLLOWING CONDITIONS BEING REGISTERED ON TITLE: 1. THE REAR (SOUTH) YARD OF THE SUBJECT LOT IS LESS THAN THE MUNICIPALITY'S DESIGN STANDARD OF A MIN 6 METRES DEPTH FOR AMENITY AREAS IN THE REAR YARD DUE TO DWELLING ORIENTATION AND GRADING REQUIREMENTS; AND 2. THE FRONT YARD SETBACK REQUIRED FROM THE SCOTTSDALE DRIVE ROAD ALLOWANCE IS 4.5 METRES FOR THE MAIN DWELLING AND ALL DETACHED ACCESSORY BUILDINGS AND STRUCTURES. AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLANS DATE OF DECISION: October 4, 2007 LAST DAY OF APPEAL: October 24, 2007 626 rjn , 111 ■a ■ Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: JOHN & JOHANNE TAYLOR OWNER: JOHN & JOHANNE TAYLOR PROPERTY LOCATION: 23 BAXTER STREET, BOWMANVILLE PART LOT 16, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0052 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (DECK) BY INCREASING THE MAXIMUM OVERALL LOT COVERAGE FROM 40% TO 45%. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY STRUCTRE (DECK) BY INCREASING THE MAXIMUM OVERALL LOT COVERAGE FROM 40% TO 45% AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLANS. DATE OF DECISION: October 4, 2007 LAST DAY OF APPEAL: October 24, 2007 627 Leading the Way REPORT . PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 22, 2007 Report#: PSD-119-07 File #: 18T-89044 By-law#: Subject: ONTARIO MUNICIPAL BOARD DECISION ON MINUTES OF SETTLEMENT FOR AMENDED CONDITIONS OF DRAFT APPROVAL FOR DRAFT PLAN OF SUBDIVISION APPLICANT: HEADGATE DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-119-07 be received for information. Submitted *Drect Reviewed b : Y me, M. P., R.P.P. .Franklin Wu, or o P lanning ervices Chief Administrative Officer CS/CP/DJC/df 16 October 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 628 REPORT NO.: PSD-119-07 PAGE 2 1.0 BACKGROUND 1.1 On February 26, 1990 Council recommended draft approval of Plan of Subdivision 18T-89044 subject to a number of conditions. Subsequently, on September 19, 1990, the Region of Durham issued Draft Approval.-The lands at the time of draft approval were owned by 807877 Ontario Limited. The lands are now owned by Headgate Developments Inc. 1.2 In October 2006, Council approved an amendment to the Conditions of Draft Approval, which addressed new road design standards, financial contributions, requirements for Architectural Control, review of marketing material, changes in delegated authority between the Region of Durham and Municipality of Clarington and between various ministries and agencies. The amendment did not change the number of units that were originally draft approved or the number of lots, blocks or street pattern shown on the draft plan. Headgate Developments Inc. appealed the amendment to Draft Approval. The appeal was specific to the number of units and the number of blocks in which they would be located in the draft plan. 1.3 On September 10, 2007, Council approved Minutes of Settlement containing the amended conditions of draft plan approval by modifying the wording under the heading "Plan Identification" as follows: i) increasing the total number of dwelling units to 74; ii) increasing the number of blocks for townhouses to 4, and iii) increasing the total number of townhouse units to 25. Council authorized Staff to appear at the Ontario Municipal Board to present the Minutes of Settlement. 1.4 On September 18, 2007, Staff presented the Minutes of Settlement to the Ontario Municipal Board via Telephone Conference and indicated that the development represented good planning. On September 28, 2007, the Ontario Municipal Board provided the memorandum of the decision. A copy of the Decision is attached hereto, as Attachment 1. 2.0 STAFF COMMENTS 2.1 By issuing its order, the Ontario Municipal has granted the amended Conditions of Draft Approval for the Subdivision as agreed to by both parties. The applicant must now fulfil the amended conditions of draft plan approval and enter into a Subdivision Agreement with the Municipality of Clarington in order that development may commence. Attachment: Attachment 1- Copy of OMB Decision 629 Attachment 1 T To Report PSD-119-07 ISSUE DATE: Sept. 28, 2007 u _ 2067 DECISION/ORDER NO: IdiJlii nk� 1 '. ('. �`i�,�iEPdC 61138 2608 �� F�� 1 r/; i DENT Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario IN THE MATTER OF Subsection 51(43) of the Planning Act, R.S.O. 1990,"c. P. 13, as amended Appellant: Headgate Developments Inc. Subject: Conditions of approval of draft plan of subdivision having referenced to"3 blocks for street townhouses (21 units)" Property Address/Description: Part of Lot 12, Concession 2 Municipality: Municipality of Clarington, Durham Region Municipal File No.: Draft Plan of Subdivision 18T-89044 OMB Case No.: PL061138 OMB File No.: S060098 APPEARANCES: Parties Counsel Headgate Developments Inc. M. Flowers Municipality of Clarington D. Hefferon DECISION OF THE BOARD DELIVERED BY E. PENDERGRAST AND ORDER OF THE BOARD This was a settlement hearing by Telephone Conference Call (TCC), held on September 18, 2007, respecting an appeal by Headgate Developments Inc. of conditions of draft approval of Plan of Subdivision 18T-89044 for 9.83 acres of land located east of Scugog Street and south of Concession Road 3 in Clarington. Plan 18T- 89044 was draft approved by the Region of Durham in 1990, subject to conditions, and, as approved, included 70 units, comprised of 21 single detached units, 28 semi- detached units, and 21 street townhouse units in three blocks. At the time of draft approval, the property was owned by 8077877 Ontario Ltd.,. but was subsequently purchased by Headgate. 630 - 2 - PL061138 Since 1990, the Municipality of Clarington has been the approval authority, and a number of new conditions of draft approval have been added to Ciarington's standard conditions. Asa result, in October 2006, Clarington deleted the previous conditions of approval and replaced them with updated ones, while leaving the number and layout of units the. same. The amendments to the 1990 conditions of draft approval are set out under Tab 6 of Exhibit 1, which was forwarded to the Board prior to the TCC. Headgate appealed this decision, on. the grounds that the property could appropriately and efficiently accommodate 25 rather than 21 street townhouses, in four rather than three blocks. Clarington Council has now approved a settlement that would accommodate.the increased number of townhouse units and related blocks. Specifically, the proposed settlement, as set out under Tab 13 of Exhibit 1, would amend the 2006 conditions of draft plan approval as follows: The paragraph entitled "Plan Identification" is proposed to be replaced with the following: PLAN IDENTIFICATION The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-89044 prepared by Templeton Lepek Limited identified as job number 402 revised and dated October 6, 1989, showing 74 dwelling units consisting of 21 lots for single detached dwellings, 14 lots for semi-detached dwellings (28 units), 4 blocks for street townhouses (25 units) and various road widenings and reserves subject to the revisions as contained in the revised conditions of draft approval. The Board heard planning evidence in support of the settlement from Cynthia Strike, a planner on . staff with the Municipality, and Paul Lowes, a Registered Professional .Planner and private planning consultant. The Board qualified both planners to give opinion evidence in land use planning, and accepts their evidence that the changes involved are minor in nature, that the settlement is consistent with the R3 zoning on the site and with existing planning policies, including the now applicable 2005 Provincial Policy Statement, and that it represents good planning for the site. Based on this evidence, the Board will allow the appeal in part in the context of the settlement achieved, and amend the conditions of approval in accordance with the proposed amendment set out under Tab 13 of Exhibit 1 and cited above. 631 - 3 - PL061138 The Board congratulates the parties for resolving this matter in a mutually satisfactory manner. Order The Board Orders that the appeal is allowed in part, and that the conditions of draft approval of Plan of Subdivision 18T-89044,.amended as set out under Tab 6 of Exhibit 1, are further amended as set out under Tab 13 of Exhibit 1. "E. Pendergrasf' E. PENDERGRAST MEMBER 631 B arm n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITT EE Date: Monday, October 22, 2007 Report#: PSD-120-07 File #: ZBA 2001-016, By-law#: S-C-2001-002 and COPA 2005-002 Subject: OMB DECISION ON MINUTES OF SETTLEMENT FOR REZONING AND DRAFT PLAN OF SUBDIVISION APPLICATIONS TO PERMIT MEDIUM DENSITY RESIDENTIAL USES APPLICANT: FIRST-TECH MECHANICAL SYSTEMS INC., MARIA WULCZYN, AND PERCY NAPPER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-120-07 be received. Submitted bykirector Reviewed by: ro , M.C.I. R. .P. klin Wu, of Pla nning Se ices Chief Administrative Officer RH/CP/DJC/df 16 October 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO 0C 3A6 T(905)623-3379 F (905)623-0830 632 REPORT NO.: PSD-120-07 PAGE 2 1.0 BACKGROUND 1.1 First-Tech Mechanical, Maria Wulczyn, and Percy Napper submitted Official Plan Amendment, draft plan of subdivision, rezoning, and severance applications to permit the development of a subdivision containing 3 single detached dwellings and a block containing up to 9 townhouse dwellings. The applicants appealed to the Ontario Municipal Board for Council's and Land Division Committee's failure to deal with the applications. 1.2 On September 10, 2007, Council approved Minutes of Settlement containing conditions of draft plan approval, conditions for a land severance, and a zoning by-law. amendment to allow the development of a plan of subdivision with 3 single detached'dwellings and a block containing up to 9 townhouse dwellings. Council authorized Staff to appear at the Ontario Municipal Board to present the Minutes of Settlement. 1.3 On September 27, 2007, Staff presented the Minutes of Settlement to the Ontario Municipal Board and indicated that the development represented good planning. No one appeared in opposition to the development proposal. The Board member provided an oral decision that the applications would be approved. On October 4, 2007, the Ontario Municipal Board provided the memorandum of the oral decision. A copy of the decision is attached. 2.0 STAFF COMMENTS 2.1 By issuing its order, the Ontario Municipal has granted: • Conditions of draft plan approval for the subdivision; • Land division conditions: and • Enacted zoning to implement the draft plan of subdivision. The Ontario Municipal Board also dismissed the appeals on the Official Plan Amendment and related consent applications, to allow the severance of the single-detached dwelling fronting on Highway 2. The applicants must now fulfil the conditions of draft plan approval and the land division conditions in order that . development may commence. While the single detached dwellings would proceed through a subdivision agreement, the townhouse development would proceed through site plan approval. Attachments: Attachment 1 — Copy of OMB Decision 633 Attachment 1 To Report PSD-120-07 ISSUE DATE: MW October 4, 2007 DECISION/ORDER NO: PL040953 2656 Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario First-Tech Mechanical and Maria Wulczyn have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington for the purpose of seeking an exemption from the "Special Policy Area — F" designation pertaining to lands respecting Part Lot 31, Concession 2 (Kennedy Drive) to permit the development of a residential development. Approval Authority File No. COPA 2005-002 OMB File No. 0070083• First-Tech Mechanical and Maria Wulczyn have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63, as amended, of the Municipality of Clarington to rezone lands respecting Part Lot 31, Concession 2 (Kennedy Drive) to permit the development of a residential development Municipality of Clarington File No.ZBA2001-016 OMB File No. Z060020 First-Tech Mechanical and Maria Wulczyn have appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the Municipality of Clarington to make a decision respecting a proposed plan of subdivision on lands composed of Part Lot 31, Concession 2 (Kennedy Drive) in the Municipality of Clarington Approval Authority File No. S-C-2001-02 OMB File No. S070048 First-Tech Mechanical and Maria Wulczyn have appealed to the Ontario Municipal Board under subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the Durham Region Land Division Committee which dismissed an application numbered LD 159/2000 for consent to convey part of the lands composed of Part Lot 31, Concession 2 (Kennedy Drive) OMB File No. C040298 Percy Napper has appealed to the Ontario Municipal Board under subsection 53(14) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the Durham Region Land Division Committee which dismissed an application numbered LD 158/2000 for consent to convey part of the lands composed of Part Lot 31, Concession 2 (Kennedy Drive) OMB File No. C040299 APPEARANCES: Parties Counsel Region of Durham M. Singh (not present) Municipality of Clarington D. Hefferon 634 -2 - PL040953 First-Tech Mechanical Ltd., Maria Wulzcyn G. Borean and Percy Napper MEMORANDUM OF ORAL DECISION DELIVERED BY J.R. AKER ON SEPTEMBER 27, 2007 AND ORDER OF THE BOARD At the outset of this second pre-hearing conference, Mr. Borean, counsel for the First-Tech Mechanical Ltd., Maria Wulzcyn and Percy Napper (appellants), made submissions that the Affidavit of Service (Exhibit 1) is clear and adequate. Mr. Hefferon, counsel for the Municipality of Clarington (Municipality), agreed that there has been full and adequate notice. Based on the submissions of both counsel, the Board finds the Affidavit of Service to be sufficient and no further notice is required. Mr. Hefferon provided the Board with Minutes of Settlement (Exhibit 7) signed by the Municipality and the appellants. Mr. Hefferon advised the Board that the Region of Durham, is in support of the Minutes of Settlement. Mr. Hefferon requested that the Board convert this pre-hearing conference into a full hearing. Mr. Borean agreed with the request of Mr. Hefferon as all outstanding matters have been settled. Based on the submissions of counsel, the Board converts this pre-hearing conference to a full hearing of the Board. Mr. Richard Holy, Senior Planner in the Planning Services Department of the Municipality of Clarington, provided land use planning evidence in support of the Minutes of Settlement and the proposed residential development. His evidence is that the subject property is located at 1613 Highway 2 and at 33 Kennedy Drive in the Municipality of Clarington in the Region of Durham. The property is 0.39 hectares (0.96 acres) in size and is located within Part Lot 31, Concession 2 in the former Township of Darlington. Mr. Holy reviewed the draft plan of subdivision (Exhibit 5) with three lots for single-family dwellings fronting onto Kennedy Drive and a block for nine townhouses 635 -3 - PL040953 with a single access onto Highway 2. His evidence is that the proposed development is consistent with the Provincial Policy Statement 2005; conforms to the Growth Plan for the Greater Golden Horseshoe 2006 and the Official Plan of the Municipality of Clarington and represents good planning. Mr. Holy provided opinion planning evidence on each of the five appeals before the Board. Mr. Matthew Johnston, a qualified planner retained by the appellants, concurred with the planning evidence of Mr. Holy. No one spoke in opposition. Based on the planning evidence, the Board finds that the proposed development is consistent with the Provincial Policy Statement 2005, conforms to the Growth Plan for the Greater Golden Horseshoe 2006, conforms to the Official Plan of the Municipality and represents good planning. The Board Orders that the appeal by Percy Napper on Application No. LID 158/2000 is allowed and the provisional consent is to be given subject to the conditions set out in Schedule 1 to this Order. The Board Orders that the appeal by First-Tech Mechanical and Maria Wulczyn on their Application No. LID 159/2000 is dismissed and the provisional consent is not to be given. The Board Orders that the appeal by First-Tech Mechanical and Maria Wulczyn from the failure of the Counsel'of the Municipality to enact a proposed amendment to the Official Plan for the Municipality of Clarington is dismissed. The Board Orders that the appeal of First-Tech Mechanical and Maria Wulczyn is allowed and the draft plan of subdivision S-C-2001-002, a copy attached hereto as Schedule 2, is approved subject to the fulfillment of the conditions set out in Schedule 3 to this Order. And the Board Orders that pursuant to subsection 51(56.1) of the Planning Act, the Municipality of Clarington shall have the authority to clear the conditions of draft plan of approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Act. In the event that there are any difficulties implementing 636 -4 - PL040953 any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Board may be spoken to. The Board Orders that the appeal by First-Tech Mechanical and Maria Wulczyn is allowed, and By-law 84-63 is hereby amended in the manner set out in Schedule 4 to this Order. The Board cancels the hearing set down for November 15 and 16, 2007. The Board so Orders. J.R. AKER MEMBER Attachment in PDF format 637 • Leung�he Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday October 22, 2007 Report#: PSD-121-07 File #: PLN 15.12, ZBA 2005-030 By-law#: COPA 2005-007, ROPA 2003-009 RE 6.3.10.1 Subject: WATERFRONT TRAIL WILMOT CREEK LIFE STYLE COMMUNITY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-121-07 be received for information. I Submitted :by: % Reviewed b Y Y D Ki d ft,46m—e, M.C.I.P., R.P.P. ranklin Wu, Directo f Planning Services Chief Administrative Officer DJC*sn 17 Oct 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 638 REPORT NO.: PSD-121-07 PAGE 2 1.0 BACKGROUND 1.1 On July 30th, Bill Stockwell of 35 Niagara Trail within the Wilmot Creek Adult Lifestyle development (Wilmot Creek), appeared before Council and expressed concerns with the Waterfront Trail being constructed between Bennett Road and the South Service Road north of the existing Wilmot Creek Development. Mr. Stockwell expressed concerns on behalf of a number of residents of Wilmot Creek that the trail created security issues for the residents of a "gated" community. A petition signed by 138 residents representing 104 households was submitted(Attachment 1) requesting that: • The Municipality not extend the Waterfront Trail past the community works yard at the South Service Road entrance, thereby using the service road as the continuation of the trail to Cobbledick Road; • The Municipality use the funds anticipated from the developer to construct a "proper security fence" between the south edge of the trail and the northerly property line of the residential development. 1.2 Council resolved "that the delegation of Bill Stockwell regarding the Waterfront Trail be referred to staff and that Bill Stockwell be advised of Council's discussion". The issue was assigned to the Engineering Services Department and Peter Windolf replied by a letter dated August 21st (Attachment 2). 1.3 Mr. Stockwell met with staff and a local councillor to clarify that his request was for a report to be prepared to come to the GPA with the history of the Waterfront Trail in relation to the Wilmot Creek development and to respond to the petition. He indicated that subsequent to the preparation of a report on the history of the trail, it was the intention of the residents to appear before Council in support of their request. 1.4 There is a long series of events surrounding the Waterfront Trail, the difficulties in determining an alignment with respect to the Wilmot Creek development and the various,.,applications by Ridge Pine Park Inc. (Ridge Pine Park). This report captures the highlights but is not exhaustive. 2.0 ORIGINS OF THE WATERFRONT TRAIL 2.1 The concept of a Waterfront Trial originated from the work of the Royal Commission on the Future of the Toronto Waterfront between 1988 and 1991. The Royal Commission, he by David Crombie, looked at lands within the Greater Toronto Area and issued its landmark report Regeneration: Toronto's Waterfront and the Sustainable Citv. The report recommended the establishment of a "Greenway" which included a continuous Waterfront Trail from Burlington Bay to the Trent River. A greenway is linear park system connecting various nodes including environmentally significant lands recreational/tourist areas and residential communities. The Royal Commission described Greenways as follows: 639 REPORT NO.: PSD-121-07 PAGE 3 "The essence of greenways is connections — not simply connecting recreation areas through trails but connecting wildlife habitats to each other, human communities to other human communities, city to country, people to nature. This emphasis on links contrasts with the traditional approach to conservation of open space and natural areas, which stresses purchasing blocks of parkland often isolated in a sea of surrounding development." The Waterfront Trail was to bring people in touch with the natural environment along the Lake Ontario shoreline. It was not only a recreational amenity, but an opportunity for people to see and understand the impact of human activities in the watershed as it ultimately impacted on the condition of the waterfront. It would contribute to the Commission's recommended principles for the waterfront — clean, green, connected, open, accessible, useable, diverse, affordable and attractive. In 1990, The Royal Commission through its interim report, Watershed recommended a trail that would traverse the then yet to be developed sections of Wilmot Creek (Phases 5 and 6) to connect to the Hydro corridor to the north (Attachment 3). More detailed work on the Waterfront Trail alignment for Clarington was undertaken in a 1991 report titled The Waterfront Trail: First Steps from Concept to Reality It proposed short term priorities for the Municipality of Clarington. With respect to Wilmot Creek Lifestyle Community, it proposed an optimal trail alignment along the shoreline of Lake Ontario but an interim trail utilizing Wilmot Creek Drive to connect to the Hydro One corridor (Attachments 4A and 413). 2.2 Clarington participated throughout the Royal Commission by attending pubic meetings and participation on various panels. The residents of Wilmot Creek and Ridge Pine Park expressed concerns with the Waterfront Trail alignments proposed but acknowledged the concept of a continuous greenway. 3.0 THE CONSTRUCTION OF THE INTERIM WATERFRONT TRAIL 3.1 To assist in implementing the 80 recommendations of the Royal Commission, in 1992 the Ontario government established the Waterfront Regeneration Trust with David Crombie as its Commissioner. The creation of the Waterfront Trail became one of the Trust's key objectives. To this end, it assisted municipalities in developing trail standards and related design criteria, accessing provincial funding and formulating area specific waterfront plans. 3.2 In 1993, the Waterfront Regeneration Trust starting working with municipalities to develop the Waterfront Trail in a phased manner. The initial phases included planning for the development of interim and ultimate waterfront trails and providing provincial funding to municipalities and other public agencies to construct portions of the Waterfront Trail 640 REPORT NO.: PSD-121-07 PAGE 4 3.3 On March 22, 1993 Council received a delegation from Mr. David Rice indicating that the residents of Wilmot Creek did not want a public trail traversing along shoreline of the community. Council subsequently passed the following resolution: "THAT the Commission (Waterfront Regeneration Trust) be advised that, should the Waterfront Trail proceed, the Council of the Corporation of the Town of Newcastle (Clarington) does not support the Waterfront Trail traversing the Wilmot Creek development, but a route north of the Wilmot Creek Development" 3.4 On Nov. 15, 1993 Pavid Crombie appeared before the GPA Committee to speak on the mandate of the Waterfront Trust and the vision for a Waterfront Trail and greenway extending from the Trent River to Burlington Bay. At the same meeting, the Recommended Land Use Strategy for the Clarington Waterfront was presented by the Municipality's consultants. This report recommended an ultimate trail alignment along the Lake, Ontario shoreline through Wilmot Creek but an interim trail alignment through the Phase 5 and 6 lands to connect to the Hydro One corridor. Council endorsed the Greenway concept in principle and requested that staff report back on the interim and ultimate trail alignments. 3.5 In January 1994, through the consideration of report PD-8-94, Council endorsed the interim and ultimate Provincial trail alignments between Oshawa and Bond Head, save and except for the trail between Bennett Road and Cobbledick Road. An alignment for this section of the trail was not endorsed due to the previous resolution of Council and the inability to find an alternate route. 3.6 Because of the lack of public lands on the waterfront, most of the Clarington portion of the trial comprised on-road trails which were only signed. A number of off-road sections were to be developed on a minimum standard for a cost of$325,000. The Municipality's ability to participate in the Provincial program at the time was limited by the limited public land available and by the Municipality's financial ability to contribute to a cost- shared program. 3.7 Report PD-8-94 noted the 1993 Council resolution that did not support a trail route that would traverse through the Wilmot Creek Lifestyle development along the shoreline. The alternative under consideration was to utilize the Hydro corridor from Bennett Road to the South Service Road. This however, would require crossing Wilmot Creek Drive and the construction of a pedestrian bridge over the railway at a considerable cost to the Municipality for a trail alignment that was considered to be interim. As a result, there was no approved trail alignment between Bennett Road and Cobbledick Road. The only other alternative was to use Highway 2 but this was deemed to be unsafe due to the speed and volume of traffic and insufficient shoulder improvements. Consequently, Highway 2 was not approved as an interim route alignment and the trail simply stopped for this section, leaving trail users to find their own ways to connect. 641 REPORT NO.: PSD-121-07 PAGE 5 3.8 The Lake Ontario Waterfront Greenway Strategy, produced by the Waterfront Regeneration Trust in 1995 with input from many stakeholders, identified a number of actions including completing and upgrading the Waterfront Trail. One of the three critical missing links in the trail was the portion affected by the Wilmot Creek retirement community. The report noted that capital funding was needed for completing these links. 3.9 During the preparation of the Official Plan, the recommendations of the Waterfront Study regarding the Waterfront Trail were carried forward into the Draft Official Plan. The draft policies provided for any development or redevelopment of Wilmot Creek to accommodate the Waterfront Trail "through the undeveloped area" (Phases 5 and 6). At the public meeting in September 15, 1995 both Phyllis Baker on behalf of the Wilmot Creek Homeowners Association and David Rice, on behalf of Ridge Pine Park expressed their opposition to this. The Homeowners Association specifically indicated that proposals to place the Waterfront Trail adjacent to the shoreline or to provide any access to Lake Ontario through the Wilmot Creek property continue to be denied. The approved Official Plan did not incorporate this provision and but makes reference to the Municipality co-operating with the residents and owner to facilitate the linking of the waterfront trail through Special Policy Area B (Wilmot Creek). 4.0 WILMOT CREEK LIFESTYLE COMMUNITY PHASE 6 APPLICATION 4.1 In October of 1996, Ridge Pine Park applied to amend the zoning on their lands to allow for a variety of housing types on their lands. It was subsequently revised in March 1997 to apply to only the Phase 6 lands. The uses included single and semi-detached dwellings, townhouses, apartments and a retirement/nursing home. 4.2 On October 27th, 1997, Council adopted staff's recommendations to approve the revised development. The location of the Waterfront Trail connection was resolved at this time. Report PD-147-97 (Attachment 5) noted: "With respect to the issue of the Waterfront Trail, staff has had several discussions with the applicant. It has been resolved that the Waterfront Trail will run along the north limits of the Phase 6 Area, just as it will in the Phases 1 to 5 Area. This is consistent with Council's directive that the Waterfront Trail should not go through the retirement community." The land required for the Trail alignment at the northern limits of Phase 6 were to be conveyed to the Municipality through the parkland dedication prior to execution of a site plan agreement for Phase 6 development. This decision of Council settled the location of the trail through Phase 6 and essentially between Bennett Road and the South Service Road. The Phase 6 lands for the trail were provided as part of the developer's parkland dedication requirement. However, no trail was to be constructed until a connection through to Bennett Road was made. 642 REPORT NO.: PSD-121-07 PAGE 6 5.0 AMENDING SITE PLAN FOR PHASES 1-5 5.1 In 1999, Ridge Pine Park appealed the Municipality's Development Charges By-law. It did not proceed to a hearing but was settled by Minutes of Settlement approved.by the OMB on May 9, 2001. Through that appeal, a number of issues were identified which led to the decision to amend the original site plan to incorporate: • References to Development Charges (since the original agreement preceded the legislation); • Provision of a central access via the South Service Road and the construction of a municipal road to the site (it was previously an unopened road allowance and only to be used by emergency vehicles); • Clarification regarding the Waterfront Trail; • Identification of Environmental Protection Areas; and • Architectural Control Standards. 5.2 The Waterfront Trail was added to the site plan schedule for information purposes. The Amending Agreement included a clause added to the agreement that all future transfers or lessees be notified that the Waterfront Trail will be built and operated for use by the general public and that such transferees or lessees would not object to the establishment and/or use of the trail. The Amending Agreement was approved by Council on June 23, 2003. 6.0 ACQUISITION OF BENNETT ROAD WATERFRONT GREENWAY AREA 6.1 In 2005, Ridge Pine Park acquired a 34 acre parcel of land to expand the Wilmot Creek Lifestyle Community over to Bennett Road. It was their intention to submit an official plan amendment and related rezoning applications for this purpose. Although these lands were not identified in the Municipality's Land Acquisition Strategy, there were concerns by Planning Staff that Ridge Pine Park's proposal would further privatize the waterfront. Given the long term potential for a future population of over 300,000 in the existing urban areas and other lands not protected by the Greenbelt, it was important to secure as much of the waterfront as possible for future use and enjoyment by residents. 6.2 Staff reported on June 27, 2005 with respect to the acquisition of lands on Bennett Road. It was proposed to Council that the Municipality purchase 18.01 acres from Ridge Pine Park for $317,552 ($17,632 per acre) based on their purchase price. The balance of the lands would be available for Ridge Pine Park to make application to the Municipality for their proposed expansion (Phase 7). 643 y REPORT NO.: PSD-121-07 PAGE 7 Other provisions provided for: • In the event of approval of their planning application, Ridge Pine Park would be entitled to pay the Municipality for future cash-in-lieu of parkland on the basis of the purchase price subject to inflation. • The Municipal lands would host a 1 acre stormwater facility' which would be designed as a landscaped natural feature but Ridge Pine Park would reimburse the Municipality for its purchase costs for this portion of the lands when the final stormwater plan was completed and surveyed. • Ridge Pine Park would pay a fee to cover the perpetual maintenance of the stormwater pond. • Ridge Pine Park would construct an emergency access to the Wilmot Creek development through the municipal lands. 6.3 In respect to the Waterfront Trail, Ridge Pine Park was obligated to construct the 3 m wide paved Waterfront Trail in 2 phases: • Phase 1 - from Bennett Road to South Service Road to the Municipality's standards. This included construction through the Phase 6 lands taken for cash- in-lieu referenced in Section 6.1 above and under the Wilmot Creek Drive bridge. This obligation would be triggered if the Municipality approved the development applications for Phase 7. • Phase 2 - from the South Service entrance to Cobbledick Road through the Hydro One corridor in the event that the Municipality approved the official plan and rezoning applications for any portion of the proposed Phase 8 lands (bounded by the CN railway and Hydro One corridor on the south, Highway 401 on the north and Bennett Road on the west). These lands are currently outside of the urban area and subject to Regional and Clarington Official Plan amendments. In the event that these applications were not approved, Ridge Pine Park agreed to support the Municipality getting a licence and consent to any amendments to any licences that it may hold over the Hydro One lands to accommodate the trail. The purchase agreement was entirely conditional on planning approvals being given for future expansion. The Municipality was not bound to approve such applications through the agreement. A denial of the application would have the effect of "unwinding" the agreement. 7.0 WILMOT CREEK LIFESTYLE COMMUNITY PHASE 7 APPLICATION 7.1 The applications for Official Plan Amendment and Rezoning for Phase 7 were submitted on June 24, 2005 to allow 66 residential units. A site plan application was subsequently submitted on January 26, 2006. 7.2 On February 13, 3006 Council approved staff's recommendation on Phase 7 contained in Report PSD-014-06 (Attachment 6). The Report recommended the adoption of Amendment 48 to the Clarington Official Plan and a related zoning by-law to extend the 644 REPORT NO.: PSD-121-07 PAGE 8 Wilmot Creek Lifestyle Community westerly by 6.48 hectares and to designate the lands to be acquired by the Municipality as a District Park. 7.3 With respect to the park and Waterfront Trail, the report noted: 'Waterfront access and open space are imperatives of Council and the proposed Waterfront District Park will meet these requirements for this part of the lakeshore. Ridge Pine Park Inc. will construct a portion of the Waterfront Trail from Bennett Road to connect with the South Service Road providing for a missing link in the trail system. The Waterfront Trail's improvement and integration, other critical objectives of Council, are being secured in the Waterfront Park lands being acquired by the Municipality." 7.4 The president of the Wilmot Creek Homeowners Association spoke at the public meeting in support of the application and that a number of Wilmot Creek residents were on the interested parties list. The public notice indicated the location of the Waterfront Trail in relation to Phase 6 and 7. 8.0 LICENCE AGREEMENT FOR THE HYDRO ONE CORRIDOR 8.1 On May 30, 2006 Council approved a report which authorized the entering into licence agreements with the Province of Ontario for use of the Hydro One corridor from Wilmot Creek Drive to Cobbledick Road. The licence provides for implementation in two stages, reflecting the anticipated timing of the construction of the trail. The park licence provides for a 13 m wide corridor, which includes a 3 m trail and a 5 m buffer/ landscaped area on either side. 9.0 WILMOT CREEK LIFESTYLE COMMUNITY PHASE 8 APPLICATION 9.1 The Phase 8 applications to amend the Durham Regional Official Plan and the Clarington Official Plan were submitted in 2003. This application has been caught up in the Regional Official Plan Review and Provincial Growth .Plan process. It has been determined that the Phase 8 application is not subject to the urban boundary expansion policies of the Growth Plan since it was submitted prior to the Growth Plan coming into force. At the present time, Ridge Pine Park is awaiting the results of the Financial Impact Study on various development proposals within the Municipality of Clarington. 10.0 STAFF COMMENTS 10.1 Since 1993, the Municipality and Ridge Pine Park, in consultation with the residents of Wilmot Creek have been working towards a solution for the Waterfront Trail that would find an alignment around to the north of the Wilmot Creek retirement community as it existed in 1993. Staff initially recommended a route which would follow close to the Lake Ontario waterfront and traverse through the Phase 5 and 6 lands to connect to the Hydro One corridor. This was acceptable to neither the residents or to Ridge Pine Park. A variety of alignments were considered to find a route that could stay north of the Wilmot Creek Lifestyle Community. Some were considered too expensive if they involved constructing a bridge across the railway or impractical for other reasons. In 1997, Ridge Pine Park proposed an alignment along the north edge of the Phase 6 645 REPORT NO.: PSD-121-07 PAGE 9 lands and immediately south of the railway to connect under Wilmot Creek Drive to the Hydro One corridor. While staff had concerns with the narrow alignment beside the railway it was reluctantly agreed that this was'the only solution that met the intent of Council's 1993 resolution. 10.2 The proposal for the expansion of Wilmot Creek provided an opportunity.to acquire additional waterfront lands for a future park and to provide a connection for the Waterfront Trail. Municipal staff negotiated the acquisition and the more limited expansion of the Wilmot Creek Community during the pre-consultation stage. Council's approval of this purchase agreement did not fetter the Municipality's legislative discretion in dealing with the planning merits of the development application. Council subsequently did approve the Official Plan and rezoning applications which triggered the obligation of the developers to construct the Phase 1 trail. 10.3 We have been advised that throughout 2006 and 2007 Ridge Pine Park had consultations with the residents of Wilmot Creek regarding the future development of their lands and, the Waterfront Trail alignment. The consultations included 5 fireside chats with Mr. Rice which showed the Phase 7 plans, including the Waterfront Trail; meetings with the Homeowners Board of Directors; publishing the layout of the Phase 7 plans showing the Waterfront Trail in the Homeowners newsletter; and two information sessions on September 19th, 2006 and June 6th, 2007 of which approximately 120 people attended both times. 10.4 With respect to petitioners' requests: i. To discontinue the second phase of the Waterfront Trail on the Hydro One corridor from the South Service Road entrance to Wilmot Creek to Cobbledick Road Staff support the future development of the paved Waterfront Trail within the Hydro One corridor. This will continue to implement enhancements that provide for a continuous off-road Waterfront Trail that is safe and accessible for all types of users. The Municipality's objective is to move the interim trail alignments to permanent off-road locations to better serve the urban communities and provide the amenities that people expect. In the event that the Phase 8 proposal is approved,this improvement will all be done without the expenditure of tax dollars. If Phase 8 is not approved, it would be a longer term project requiring funds levied through taxes or development charges. ii. For the Municipality to expend funds secured through the negotiated arrangements for the Phase 2 trail to provide security fencing along the north limits of the Wilmot Creek Lifestyle Community. If the Phase 8 lands were to be approved for development, the Phase 2 trail improvements are secured for public purposes. In staffs view, it. would not be appropriate to expend the funding equivalent to provide fencing for private property owners. It could set a precedent that many other property owners adjacent to open spaces in the Municipality would also request the Municipality to expend public funds to fence their properties. 646 REPORT NO.: PSD-121-07 PAGE 10 The expressed concern for security assumes that there is a problem, which is generally not the case. At the present time, anyone with criminal intent can use the South Service Road, the Samuel Wilmot Nature Area or other points to access the community. We are aware that there are Waterfront Trail users who, currently left with no alternative, use the streets within Wilmot Creek to connect from Bennett Road to the Samuel Wilmot Nature Area. The security gates only stop motor vehicles. Completing the Waterfront Trail may improve security by providing a connection that directs cyclists and walkers away from using the internal street system of the gated community. Attachments: Attachment 1 - Wilmot Creek Resident's Petition Attachment 2 - Letter of Peter Windolf dated August 21,2007 Attachment 3 - Proposed Trail Alignment— Royal Commission on the Future of the Toronto Waterfront Attachments 4A and 4B - Proposed Provincial Trail Alignments - 1991 Attachment 5 - Report PD-147-97 Attachment 6 - Report PSD-014-06 Attachment 7 Report PSD-063-06 List of interested parties to be advised of Council's decision: Bill Stockwell David Rice, Ridge Pine Park Inc. Wilmot Creek Homeowners Association Marlaine Koehler, Waterfront Regeneration Trust 647 / Attachment 1 To Report PSD-121-07 r. p The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the tram by the general public will no longer provide the homeowners with the security of living in a"gated community"which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community,populated by a number of single residents,the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard,thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and'the- northerly property line of the residential development. NAME -- - ADDRESS +�\ i 648 The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will*no longer provide the homeowners with the security of living in a"gated community"which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a-seniors community,populated by a number of single residents,the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard,thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and,the northerly property line of the residential development. NAME ADDRESS I 649 x NAME ADDRESS, v-l�ti a Ilk, �-o 650 The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a"gated community"which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community,populated by a number of single residents,the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing.the following: (1) Do not continue the trail east of the community works yard,thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME ADDRESS 0 A �� '/ el l KA // 'e X-� 4 7 y � � s/9 �� hlEhlr� ,�0�/ � oL/C4 651 The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a"gated community"which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community,populated by a number of single residents,the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard,thereby using the present service road as the continuation of the trail to Cobbledick Road., „ (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. ` Q2f l NIA r! r � y -o1 V4- U w w VV i The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion ofthe homeowners that the use of the trail by the general public wilt no longer provide the homeowners with the security of living in a"gated community".which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community,populated by a number of single residents,the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the tram east of the community works yard,thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME ADDRESS LV o OP �t5s M(- Co rK $ a- Ddnih)A CvoPJ �joi7 J5"�-'VC 653 The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a"gated community"which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community,populated by a number of single residents,the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard,thereby using the present service road as the continuation of the trail to Cobbledick Road.. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME ADDRESS �1 j 654 The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the.Provincial/Municipal, Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a"gated community"which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community,populated by a number of single residents,the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard,thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME ADDRESS e—p w d, V- - P _. ��i'►� (a t L,y SYe i �'� �� RN 655 The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a"gated community"which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community,populated by a number of single residents,the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard,thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME ADDRESS at. ! -& The following residents of Wilmot Creek request the Council of the Municipality of Clarington to revise the overall planning of the portion of the Provincial/Municipal Waterfront Trail that has bee constructed on the Hydro right-of-way immediately north of the most northerly residential properties of the Wilmot Community. It is the opinion of the homeowners that the use of the trail by the general public will no longer provide the homeowners with the security of living in a"gated community''which was a major attraction to them in purchasing their present homes. Given the fact that Wilmot Creek is a seniors community,populated by a number of single residents,the construction of the trail has left them feeling vulnerable in regards to security. It is therefore recommended that Council can alleviate this situation by doing the following: (1) Do not continue the trail east of the community works yard,thereby using the present service road as the continuation of the trail to Cobbledick Road. (2) Construct a proper security fence between the south edge of the trail and the northerly property line of the residential development. NAME ADDRESS {j w IN r� �� n , 657 C��L�rirLr'� r � � 2 l = UM0 v1�� v�r - W 658 ® Attachment To Report PSD-121-( Energizing Ontario August 21, 2007 Bill Stockwell 35 Niagara Trail Newcastle, ON L1 B 1 L6 Dear Mr. Stockwell: RE: WATERFRONT TRAIL Your delegation from the July 30"' GPA meeting was referred to Engineering Services for response. My branch is responsible for Park and Trail development projects. The trail currently under construction between Bennett Road and the Service Road into Wilmot Creek is a vital link in our Waterfront Trail. It is being constructed for the Municipality by Ridge Pine Park Ltd. as part of their subdivision requirements for Phase 7 of the Wilmot Creek Development. Relocating the Waterfront Trail off-road wherever possible is a high priority for the Municipality. The existing Waterfront Trail is currently routed around the Wilmot Retirement Community between Bennett Road and Cobbledick Road. The entire route is located on-road which requires trail users to travel 2.9 km along a busy portion of Highway 2 including where it crosses Highway 115. The new trail will provide a crucial off-road link and would eliminate the need to travel on Highway 2, making it shorter, safer, and more convenient for users. When Phase 8 of the Wilmot Creek Development occurs, Ridge Pine Park Ltd. will complete the off-road trail link with the construction of a paved trail in the Hydro Corridor from the Service Road to Cobbledick Road. The Waterfront Trail and its route through Clarington have been discussed at several public meetings over the years. The original goal was to route the "Crombie Trail" closer to the lake within the Wilmot Creek community; however, Ridge Pine Park Ltd. preferred to keep the trail outside of the community. With the development of Phase 7, the Municipality has acquired land adjacent to Bennett Road and access under the road bridge to finally re-route the trail north of the Wilmot community. An easement through the Hydro Corridor was also obtained from Hydro One. The Hydro Corridor will continue to be farmed, except for the trail easement land. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 659 2 understand from your presentation and petition that residents are concerned about security once the trail is in use by the public. In recent years we have constructed trails in the Bowmanville Valley, along the Soper Creek, and along the waterfront in Bowmanville and Newcastle. There is also an existing network of well used trails in the Samuel Wilmot Nature Area on the east side of the Wilmot Creek community. I am not aware of any crime or security problems resulting from those trails. The trail may also eliminate the cyclists and pedestrians that sometimes cut through the community to avoid the on-road route. To control vehicle access to the new trail, bollards and granite boulders will be installed at the entry points from Service Road and Bennett Road. Once the trail is completed I believe it will be a great improvement to Clarington's trail network and hopefully a valued recreation feature for residents of the Wilmot Creek community. I hope this addresses your concerns, but should you have any additional questions, please feel free to contact me at (905) 623-3379 ext. 201 or via e-mail at pwindolfC�clarington.net. Yours truly, Peter Windolf Manager, Park Development Engineering Services Department PW/jo cc: A.S. Cannella, Director of Engineering Services Mayors Office 660 ATTACHMENT 3 TO REPORT NO.: PSD-121-07 20 LL W F— Q o CL m° N a W cc N 0 cS,Zi �Va av'�'�wl sue Je V D W _ 7 n ' C ' O r m U? — Et (3 °' $ N z J wag w LL Y 0.r—C Q Z �_ E a o a� C - o 02!, co °'m E O ct U cu J Yso Q) 3 ,. CV 0 r a O u 1S E C L3 C 661 ATTACHMENT 4A TO REPORT NO.: PSD-121-07. i � m Lwuwki�. . OR, -k� I iLb+DYya LL J J J W St W w f S cl) W O E cc Ir to (� ;. v�l , 14 ` `�� 3 J 662 ATTACHMENT 4B TO REPORT NO.: PSD-121-07 ,. -� y �...-L_. ......_-... �' x I—A H� 3 S b R Z W W co 4 ma c L p 663 Attachment To Report PSD-121-0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:DEV96056.GPA REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, October 20, 1997 Res.' Report#: PD-147-97 File #: DEV 96-056 By-law # Subject: REZONING APPLICATION APPLICANT: ROGER HOWARD ON BEHALF OF RIDGE PINE PARK INC. PART LOT 3, B.F. CONCESSION, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 96-056 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1'. THAT Report PD-147-97 be received; 2. THAT the application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Ridge Pine Park Inc. be APPROVED; 3. THAT the amending by-law attached hereto be forwarded to Council for approval and that the (H) Holding symbol be removed by by-law upon the execution of a site plan approval agreement; 4. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: Ridge Pine Park Inc. 1.2 Agent: Roger Howard 1.3 Zoning: From "Urban Residential Type Two Exception (112-16)" to appropriate zone(s) to permit Seniors-oriented single and semi-detached dwellings, townhouses, apartments, a retirement home and/or nursing home west of the C.N. Railway Overpass (Phase 6). A retirement and/or nursing home would have associated health related facilities and may 664 REPORT NO.: PD-147-97 PAGE 2 also include ancillary uses such as a beauty salon, barber shop and tuck shop. 1.4 Area: 7.15 hectares (17.67 acres) 2. BACKGROUND 2.1 On October,28, 1996 the Planning and Development Department received an application to amend Comprehensive Zoning By-law 84-63 in order to permit the development of Seniors-oriented single and semi-detached dwellings east of the C.N. Railway Overpass (Phases 1 to 5); and,single and semi-detached dwellings, townhouses,apartments,a retirement home and/or nursing home west of the C.N. Railway Overpass (Phase 6). A retirement and/or nursing home would have associated health related facilities and may also include ancillary uses such as a beauty salon, barber shop and tuck shop. 2.2 On March 17, 1997 the Planning and Development Department received a letter from the applicant to amend the application by withdrawing the application from the Phases 1 to 5 Area and limiting it to specifically the Phase 6 Area only. 2.3 The area subject to the proposal is situated on a 7.15 hectare (17.67 acre) parcel of land located immediately north of Lake Ontario, south of the C.N. Railway,west of Wilmot Creek Drive and one (1) lot east of Bennett Road. The more formal location description is Part Lot 3, Broken Front Concession, former Township of Darlington. 2.4 A Public Meeting for the rezoning application was held on February 17, 1997. Only the applicant spoke. 2.5 As a result of the notification process, staff did receive one (1) counter and three (3) telephone inquiries. The counter inquiry was concerned with semi-detached 665 REPORT NO.: PD-147-97 PAGE 3 units being allowed in the Phases 1 to 5 Area Given the March 17, 1997 revision to the application this is no longer a concern. One telephone inquiry questioned the nature of the expansion of the Wilmot Creek Community. This individual was advised the expansion was only in terms of the variety of housing types, not in area or population. This caller did mention a problem with drivers speeding out of Wilmot Creek Road at the intersection with Bennett Road, and asked that the situation be dealt with. 3. BUSTING AND SURROUNDING USES 3.1 The existing site is relatively flat and currently vacant. According to the applicant, until 1979 or 1980, the site was used for agriculture (ie. crops). Since that time it has remained vacant. 3.2 The surrounding land uses are as follows: North: Canadian National Railway and beyond that,vacant,formerly agricultural land South: Lake Ontario shoreline East: the existing Wilmot Creek Community West: agricultural or vacant land 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area. The primary purpose of lands designated Living Area shall be for residential purposes, and as such, the application conforms. 4.2 Within the Clarington Official Plan, the subject property is designated Special Policy Area B overlaying Urban Residential. The application conforms. 666 REPORT NO: PD-147-97 PAGE 4 5. ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle,the subject property is zoned in part "Urban Residential Exception (112-16)" which permits mobile home dwellings and/or single detached dwellings. Given that it is proposed.that a large variety of housing types (mentioned previously in Sections 1 and 2) be built, the rezoning application is warranted. 6. AGENCY COMMENTS 6.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. Comments.received to date are as follows. 6.2 The Clarington Public Works Department, Engineering Division, has indicated that they have no objections to the proposal noting from a traffic perspective, any commercial businesses which are ultimately permitted must be ancillary to the internal development and be of a type and nature that are unlikely to attract customers from outside the Wilmot Creek Community. 6.3 The Clarington Public Works Department, Building Division, had no major concerns. 6.4 The Clarington Fire Department originally indicated that they had no objection in principle. However, it was noted that there have been concerns raised from the residents of this site regarding emergency egress, should it be necessary. With expansion and increased population, this concern may well increase and should be addressed before any expansion takes place. This matter has since been resolved with the Fire Department noting they had received a letter from the residents' association stating that they have no problem with the expansion nor any fears about the exits from the site. 667 REPORT NO.: PD-147-97 PAGE 5 6.5 The Central Lake Ontario Conservation Authority in commenting noted that the application had been revised to include only those lands within Phase 6 of the development. With this in mind, their concerns related to the-Lake Ontario shoreline setback. The Central Lake Ontario Conservation.Authority's Lake Ontario Flood -and Erosion Risk Mapping confirmed that for the portion of shoreline at the Wilmot Creek Community, a setback of 78 to 81 metres is recommended. Furthermore, it was stated that it may be possible to reduce these limits through site specific surveys along the bluff which could refine the bluff heights; or through shore protection measures which would limit erosion. The shoreline study which was submitted by the applicant and reviewed by Conservation Authority staff resulted in a new setback distance calculation of 39 to 58 metres for the Phase 6 lands. In light of the above, the Conservation Authority indicated that the issue of storm water management as well as the proposed lakeshore setback limit would be best addressed at the appropriate time when site plan approval is applied for and the precise location of the setback limit is determined. The Authority stressed that their concurrence to permit the rezoning application to proceed was with the clear understanding that the applicant would be required through the site plan approval. process when the development plan is finalized to address any works that the Authority deemed appropriate. Staff would note that the applicant, has indicated they are willing to adhere to the authority's judgement with respect to the above. 6.6 The Regional Planning Department noted that the subject area was designated "Living Area" in the 'Durham Regional Official Plan and that the proposed residential and community uses conform. Additionally, the application was screened in accordance with the terms of the Provincial Plan Review responsibilities transferred to date. Issues identified included: 668 REPORT NO.: PD-147-97 PAGE 6 • Ministry of Citizenship, Culture and Recreation • Ministry of Environment and Energy Canadian National Railway • Ministry of Natural Resources Regional Planning Staff advised that Ridge Pine Park Inc. had addressed each of the above issues to their satisfaction as follows: • an archaeological assessment was prepared confirming no further assessment or investigation was necessary; • the Region's contamination site screening questionnaire confirming that the site was suitable for the uses proposed; • a noise and vibration report demonstrated that the subject lands were suitable-for residential development. A subsequent report at the site plan approval stage will address specific unit requirements. • the Central Lake Ontario Conservation Authority did not identify any natural heritage concerns for Phase 6 lands and advised that stormwater management requirements would be addressed to their satisfaction at site plan approval. The Regional Planning Department advised that the Regional Works Department had completed its review of the functional servicing report.prepared for Phase 6 and it was determined that this report demonstrates that the proposed land uses can be serviced as part of the 1,632 person retirement community. Detailed engineering drawings for the provision of the required municipal services must be submitted to Clarington, the Regional Works Department and Ministry of Environment and Energy for approval prior to commencement of on-site development. The Regional Planning Department concluded that, based on the foregoing, it would have no objection to further processing of the rezoning application. 669 REPORT NO.: PD-147-97 PAGE 7 6.7 The Regional Health Department has no objections to approval provided that it is fully serviced by municipal sewer and water. 6.8 Ontario Hydro has stated they have no objection. 6.9 The Canadian National Railway has advised that they have reviewed the applicant's Vibration and Noise Impact Study and find the conclusions acceptable. The Railway further advises that they have prepared a draft of the required agreement between the Owner 'and the Railway, addressing the Canadian National Railway's Principal Main Line Requirements. 7. STAFF COMMENTS 7.1 With respect to the issue of the Waterfront Trail, staff has had several discussions with the applicant. It has been resolved that the Waterfront Trail will run along the north limits of the Phase 6 Area, just as it will in the Phases 1 to 5 Area. This is consistent with Council's directive that the waterfront trail should not go through the retirement community. 7.2 The land required for the Trail alignment at the northern limits of Phase 6 will be conveyed to the Municipality through the parkland dedication prior to execution of a site plan agreement for Phase 6 development. 7.3 Staff is satisfied that for the purposes of the rezoning application, the attached by- law amendment, employing the use of the Holding (H) symbol can be considered for approval by Council 7.4 At such time that all site plan matters including stormwater management, the establishment of the precise shoreline setback limits and parkland dedication 670 REPORT NO.: PD-147-97 PAGE 8 requirements have been addressed through the completion of a site plan agreement, the Holding symbol can then be removed by by-law. 8. CONCLUSIONS 8.1 In consideration of both agency comments and the staff comments in this Report, it is respectfully recommended that the rezoning from "Urban Residential Exception (R2-16)" to "Holding Urban Residential Exception ((H)R4-20)" be APPROVED as contained in the attached Zoning By-law amendment. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell Director of Planning Chief Administrative and Development Officer BR*LT*FW*df 10 October 1997 Attachment #1 - Site Location Key Map Attachment #2 - Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Mr. Roger Howard, M.C.I,P., R.P.P. Mrs. Debra Allin Ridge Pine Park Inc. Rice Development 17 Dean Street Brampton, Ontario L6W 1 M7 Mr. Fred Ufton Mr. A.L.M. (Larry) Cond 635 671 ATTACHMENT # 1 SUBJECT SITE LOT 4 LOT 3 LOT, 2 z NIG � HW�4Y 40 to 1 V) w Z � � O Z o cr- G H.E.P.C. Np,L / L L- m CANA�1A - _ Z w' Y e 0 LC m a . LAKE ONTARIO S N ML M 004 CREEK KEY HAp DEV. 9 672 ATTACHMENT N 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- ` being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle. ' f WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for DEV 96-056. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: i. Section 15.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE FOUR (R4) ZONE'is hereby amended by adding thereto,the following new Special Exception 15.4.20 as follows: "15.4.20 URBAN RESIDENTIAL EXCEPTION (R4-20) ZONE" A. Notwithstanding the provisions of Section 15.1, those lands zoned R4-20 on the schedules to this By-law shall permit one or more of the following: nursing home,retirement home,apartment building,link townhouse,semi- detached and mobile home and/or single detached dwelling. A nursing home and/or a retirement home may have associated health related facilities and may also include include ancillary uses such as a beauty salon, barber shop and tuck shop. For the purposes of this subsection, a retirement home shall mean any privately-owned premises maintained and operated for persons over the age of 60 in need of residential care. Accommodation, meals and socialization are provided for those who cannot continue to live independently in the community. Between one and three meals a day may be provided in a central dining room. B. For the purposes of establishing density,the total number of dwelling units In the R2-16 and 1`14-20 zones shall not exceed 960 mobile home/single detached dwellings with a population set at 1.7 people per unit (ppu) or the equivalent population based on the conversion rates as given below: semi-detached and link townhouse units shall have a ppu of 1.7; i) apartment shall have a'ppu of 1.4; a retirement home shall have a ppu of 1.2; iv) a nursing home shall have a ppu or"population per bed" of 1.0. C. For nursing home, retirement home and apartment building the following regulations shall apply: a) i) Apartment Density (maximum) 80 units per ha ii) Retirement Home and Nursing Home Density (maximum) 125 units per ha b) Building Site Area Coverage (maximum) 45% 673 ! '2_ c) Building Height (maximum) 12 metres A building in excess of 12 metres may be erected provided that the applicable yard requirements shall be increased directly in proportion to the increase in building height above 12 metres. r f . d) Landscaped Open Space (minimum) 30%; e) Apartment Dwelling Unit Floor Area (minimum) Y �. Bachelor Dwelling Unit 40 square metres IQ One Bedroom Dwelling Unit 48 square metres Iii) Two Bedroom Dwelling Unit 60 square metres Iv) Dwelling Unit Containing Three or more Bedrooms 70 square metres plus 7 square metres for each bedroom in excess of three F f) Retirement Home Bed-Sifting Dwelling Unit Area(minimum) 25 square metres i g) Setback Requirements (minimum) i• i) from any other residential/ Institutional building 3.0 metres per storey ' i) from any private road 7.5 metres ii) from any lot line 7.5 metres h) Nursing Home and Retirement Home Parking Requirements 0.5 spaces per bed D. For link townhouse units the following regulations shall apply: a) Density (maximum) 40 units per ha b) Site Area Frontage (minimum) 13.5 metres c) Building Site Area Coverage'(max.) 40% d) Building Height (maximum) 10 metres e) Landscaped Open Space (minimum) 40% f) Dwelling Unit Floor Area (minimum) 60 square metres g) Setback Requirements (minimum) i) from any other residential/ institutional building 3.0 metres per storey ii) from any private road 5.0 metres iii) from any lot line 7.5 metres E. For semi-detached dwellings the following regulations shall apply: a) Site Area (minimum) 500 square metres b) Building Site Area Coverage (maximum) 40% 674 .3- c) Building Height (maximum) 10 metres d) Landscaped Open Space (minimum) 30% e) Dwelling Unit Floor Area(minimum) 60 square metres f) Setback Requirements (minimum) from any other residential/ institutional building 3.0 metres per storey 11) from any private road 5.0 metres ii) from any lot line 7.5 metres g) Special Yard Requirements Notwithstanding Sections 3.1(b) and 15.4.20 E.0 ii), a carport may be permitted to have a 1.0 metre setback from any private road. For the purposes of this By-law a carport shall mean a roofed enclosure which may be attached or detached to a semi-detached dwelling, used for the storage or parking of a motor vehicle and has at least 40%of its total perimeter open and unobstructed. F. For mobile homes and/or single detached dwellings the regulations found in Subsection 13.4.16 shall apply. G. Schedule"1"to By-law 84-63, as amended,is hereby further amended by changing the zone designation from"Urban Residential Exception(R2-16)" to"Holding-Urban Residential Exception ((H)R4-20)2,as illustrated on the attached Schedule "A"hereto. H. Schedule "A"attached hereto shall form part of this By-law. I. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1997. BY-LAW read a second time this day.of 1997. r-` BY-LAW read a third time and finally passed this day of 1997. ,r MAYOR CLERK if 675 This is Schedule "A" to By—law 97- ----, passed this day of 1997 A.D. LOT 4 LOT 3 LOT 2 z . . HicHwaY . 401 °vi O 0 � U z H.E.P.C. w _ 10NAL i' � _ _ m cANP� z W Y e Q m LAKE ONTARIO ZONING CHANGE FROM " R2-16" TO " (H)R4-20" 4 N Mayor CLARKE Clerk 676 /-%LtdUl I I I It ME 0 • To Report PSD-,121-07 cting rae way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 6,2006 Report#: PSD-014-06 File.#: ZBA 2005-030 and By-law #: COPA 2005-007 Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY- LAW TO ?ERMIT THE WESTERLY EXPANSION OF WILMOT CREEK COMMUNITY WITH APPROXIMATELY 66 ADDITIONAL SINGLE DETACHED DWELLING UNITS APPLICANT: RIDGE PINE PARK INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-014-06 be received; 2. THAT Amendment No. 48 to the Clarington Official Plan as submitted by Ridge Pine Park Inc. to expand westerly the Wilmot Cieek Adult Lifestyle Community by extending the Urban Residential area and Special Policy Area B to the west and to place a District Park symbol on . the area of the Municipal Waterfront Park as contained in Attachment 2 be ADOPTED; 3. THAT the rezoning application submitted by Ridge Pine Park Inc.*be APPROVED and that the Zoning By-law Amendment as contained in Attachment 3 be adopted by.Council; 4. THAT a-By-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including executing a site plan agreement; and 5. THAT all interested parties listed in Report PSD-014-06, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: 4iReviewed by: d Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer BR/CP/DJC/sh/df January 31, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-088380 �7g REPORT NO.: PSD-014-06 Page 2 1.0 APPLICATION DETAILS 1.1 Owner: Ridge Pine Park Inc. 1.2 Applicant: (same as owner) 1.3 Clarington Official Plan Amendment: To redesignate lands from Waterfront Greenway to provide for the westward expansion of the Urban Residential designation subject to Special Policy Area B (Wilmot Creek Community) and to add a District Park symbol. 1.4 Rezoning: Appropriate to permit proposed 66 residential unit development. 1.5 Area: Area to be developed: 6.48 hectares (16.02 acres).. 1.6 Location: The area to be developed is at the western limits of Wilmot Creek Community in Part of Lot 4, Broken Front Concession, former Township of Darlington. ( 2.0 BACKGROUND 2.1 On June 24, 2005, the Planning Services Department received from Ridge Pine Park Inc. an application to amend the Clarington Official Plan and an application to rezone the area for expansion of the "gated" residential community. . The official plan amendment application was submitted to provide for the westward expansion of the Urban Residential designation within Special Policy Area B on lands currently designated Waterfront Greenway. The rezoning was submitted to permit approximately 66 dwellings, all single detached, and related private streets in the 6.483 hectares (16.02 acres) area to be developed. It is proposed that the balance of the site of 7.287 hectares (18.01 acres) be acquired for municipal park purposes. Supporting documents submitted were: • Phase 1 Environmental Site Assessment, • Noise Feasibility Study; • Geotechnical Investigation and Slope Stability Analysis Report (with an Addendum), • Functional Servicing Report, • Archaeological Report; and • Traffic Impact Study. On January 25, 2006, the Planning Services Department received from Ridge Pine Park Inc. a Site'Plan Approval application which detailed the development. -678 REPORT NO.: PSD-014-06 Page 3 ( ' 2.2 A public meeting for the proposed official plan amendment and rezoning was `.' held on.September 19, 2005. Two Wilmot Creek Community residents spoke at the meeting. The first resident spoke in opposition to the application since he felt the new subdivision was in "greenbelt protected lands" and that more agricultural land was being used for residential purposes. The second resident, the President of the Wilmot Creek Homeowners Association, spoke in support of the application but did note that the Community's existing residential facilities will not accommodate the needs of an expanded community and therefore, the facilities should be expanded. David Rice spoke on behalf of Ridge Pine Park Inc. and gave an overview of the application, noting the proposal is not within the Greenbelt but rather, within the Urban Area., He commented that Ridge Pine Park Inc. is committed to: building both the Waterfront Trail in the vicinity of the residential community and an addition to the Community's recreation facilities building. No commercial uses are proposed for the area. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The area to be developed is currently vacant. 3.2 The surrounding land uses are as follows: C North: CN Railway South: One dwelling on a rural residential lot and Lake Ontario East: West End of Wilmot Creek Community West: the above referenced lot and Bennett Road 4.0 PROVINCIAL POLICY STATEMENT CONFORMITY 4.1 The proposed development is within an urban area and abutting a fully,serviced settlement area is, in short, a land use efficiency, consistent with the policy statement. 5.0 OFFICIAL PLAN CONFORMITY 5.1 The Durham Regional Official Plan designates the proposal area as Living Area and the applications conform. 5.2 The Clarington Official Plan designates all of the property as Waterfront Greenway within an urban area. The predominant use of land is for recreation, tourism uses, conservation and agricultural uses. The proposed use does not conform, hence this application. The lands east of the subject property are Urban Residential within Special Policy Area B. The Special Policy Area recognizes the private leasehold community catering to seniors or retired 679 REPORT NO.: PSD-014-06 Page 4 t n residents. The Clarington Official Plan identifies the property along the edge of Lake Ontario as Regulatory Shoreline. Policies of the Waterfront Greenway designation require new development to provide public access to the waterfront, protect natural and cultural heritage resources and ensure land use compatibility. 6.0 ZONING BY-LAW COMPLIANCE 6.1 The property is zoned "Agricultural (A)". The proposal for approximately 66 additional detached dwellings does not conform, hence, this rezoning application. 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Rogers Cable and Clarington Emergency and Fire Services have no objections. Other comments received to date are as follows. 7.2 Having reviewed the Traffic Impact Study, the Ministry of Transportation has no objections. 7.3 Bell Canada and Enbridge Gas have no objections subject to the conditions of site plan-approval. 7.4 Clarington Engineering Services advised they have no concerns regarding the proposal. The existing municipal roadways are rural and not urban and the absence of storm sewers combined with no.upgrading plans in the foreseeable future led the Department to request that no approval be provided at this time. 7.5 C.N Rail is satisfied with the Noise Feasibility Study, as revised, and an agreement between C.N. Rail and Ridge Pine Park Inc. is being executed at this time. 7.6 Regional Planning has determined that the proposed residential development is situated within the "Living Area" designation. The remainder of the site is within the "Waterfront— Major Open Space" designation. A Noise Study regarding the C.N. Railway line is required, has been submitted, and has been found to contain appropriate noise control measures including necessary warning clauses to inform future owners. An archaeological assessment is required. Shoreline and erosion control measures are to be addressed to the satisfaction of the Conservation Authority and the Municipality. Water supply and sanitary sewer service is available as internal services privately maintained by Ridge Pine Park Inc. The applicant will be responsible for any external upgrades required to provide adequate servicing for their proposed expansion. This application is considered to have no significant Regional or Provincial concerns and therefore, is exempt from Regional approval. 680 REPORT NO.: PSD-014-06 Page 5 7.7 Central Lake Ontario Conservation is generally satisfied with Terraprobe's original report as augmented by Terraprobe's supplemental report and has no objections regarding slope stability setbacks. The remaining concerns for drainage into the ravine and potential erosion will have to be addressed in the design of the storm water system. 8.0 STAFF COMMENTS 8.1 Wilmot Creek Community is almost entirely built out. Phases 1 to 6, together with the proposed westerly expansion (Phase 7) of Wilmot Creek Community, will generate fewer total dwelling units (944) than was originally envisioned for the Community through the Clarington Official Plan and its dwelling unit maximum of 960 units. 8.2 The proposed 66 single detached dwellings is consistent with the housing form in the ,majority of the development, 916 dwelling units being single detached, and the remaining small number of dwelling units being either similar low density— 12 semi-detached, or medium density— 16 townhouses. 8.3 Waterfront access and open space are imperatives of Council and the proposed Waterfront District Park will meet these requirements for this part of the lakeshore. Ridge Pine Park Inc. will construct a portion of the waterfront trail from Bennett Road to connect with the South Service Road providing for a missing link in the trail system. The Waterfront Trail's improvement and integration, other critical objectives of Council; are being secured in the Waterfront Park lands being acquired by the Municipality. 8.4 An emergency access route to the development will be constructed by Ridge Pine Park over the municipal park area along the railway corridor. It will be used, if necessary, by emergency response vehicles to access the Wilmot Creek Adult Lifestyle Community or by residents in the event of an evacuation. The primary access route remains along Wilmot Creek Drive. 8.5 Clarington Engineering Services identified concerns with the proposal as a result of the rural standards of the existing municipal road infrastructure in the area. Expansion to the retirement community will mean additional residents, additional traffic and additional pressure for the Municipality to urbanize Wilmot Creek Drive and Bennett Road from the development to Highway 2. 8.6 The storm water management pond to service these lands is located within the park. The storm water management pond is to be designed to a high amenity standard, including considerable landscaping, to the satisfaction of the Director of Engineering Services. When the precise area of the pond has been determined through the final design, the applicant will reimburse the Municipality for the portion of the purchase price 681 REPORT NO.: PSD-014-06 Page 6 associated with the lands for the storm water pond and the parkland dedication requirement. 8.7 The development is setback from Lake Ontario to accommodate the Regulatory Shoreline and erosion allowance. The proposed setback for the regulatory shoreline, as described in the Geotechnical Investigation and Slope Stability Analysis Report, and Addendum, is acceptable to both the Conservation Authority and the Municipality and in this way addresses the presence of the regulatory shoreline area. 8.8 Staff is satisfied that for the purposes of the Clarington Official Plan Amendment and the Zoning By-law Amendment the proposal has been sufficiently finalized to proceed with approval. Details, such as final storm water management design, that remain to be completed can be dealt with through site plan approval. The use of the Holding Symbol on the Residential Zone in conjunction with the Site Plan Approval process will ensure all municipal requirements are satisfied. 8.9 The Finance Department advises that the taxes for the subject property have been paid in full. 9.0 CONCLUSION 9.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Clarington Official' Plan and Zoning By-law 84-63. In consideration of the comments contained in this report, staff respectfully recommends the adoption of the Official Plan Amendment 48 as contained in Attachment 2, and the rezoning by-law as contained in Attachment 3. Attachments: Attachment 1 -Site Location Key Map and Site Plan Attachment 2 -Proposed Amendment No. 48 to the Clarington Official Plan A ttachment 3-Zoning By-law Amendment Interested parties to be notified of Council's decision: Mr. Ufton Mr. Bruce Hadji Linda Gasser Ridge Pine Park Inc. Sernas Associates Clarington Industrial Services Inc. Mark and Kisbee Barristers and Solicitors Bernie Hirseland, McGraw Hill Construction Jim Reinger 682 Attachment#1 To Report#PSD-114-06 PAW low IEMERGENCY ACCESS ET Y r r ' INS on � ST WATER POND s�EEt i Mt ~ t o r• W I4 rW ~ 1914 ' N we ww r I r l .� � -t 51" IN i / aft rl MINI "W Ills no Sul i Mq M LAKE ONTAR/O Newcastle Key Map COPA 2005-007 401 Clarington Official Plan Amendment gSlw`5 ZBA 2005-030 Zoning By-law Amendment AY Subject ect to Application m 0 J E -1 Wilmot Creek Retirement Community Subj d I Expansion Area La s L-AXE,ONTMV Owner: Ridge Pine Park Attachment 2 To Report PSD-014-06 AMENDMENT NO. 48 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The Amendment implements the following land use changes: • The Urban Residential area and Special Policy Area B coinciding with the Wilmot .Creek Adult Lifestyle Community is expanded onto lands to the west thereof and south of the CNR in order to permit the expansion of the Wilmot Creek Community, • A District Park symbol is to be placed on the area of a future Municipal Waterfront Park. BASIS: The Amendment is based on an application submitted by Ridge Pine Park Inc., the owners of Wilmot Creek Adult Lifestyle Community. LOCATION: The Amendment applies to approximately 14 hectares (34 acres) in ( Part Lot 4, Broken .Front Concession, Former Township of ` Darlington, east of Bennett Road, south of the CN Railway and west of the existing Wilmot Creek Community. The Phase 7 or westward expansion of Wilmot Creek Community applies to an area approximately 6 hectares (15 acres) in the east half of the above property. The balance of the property in the west half is to , remain Waterfront Greenway but it will have a District Park symbol. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map Al (Darlington) Land Use as shown on Exhibit"A IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in i regard to this Amendment. 684 Attachment 2 To Report PSD-014-06 ((r EXHIBIT"A" .l • AMENDMENT No. 48 TO THE MUNICIPALITY OF CAARINGTON OFFICIAL PLAN MAP Al (DARLINGTON), LAND USE, DARLINGTON RURAL AREA LOT 5- LOT 4 LOT 3 LOT 2 0 o do ""CHWAY Si 401 Z O U). CO o II v ° II a ' '" sit r 'ET' k —�- Z ' I, '6 F •f•'v' .Y G 4. O awf5:, `L '" "1 i-v� `. -� Z - Z z Y 4x; �SP.ECIAL i W- f 00 Add District LAKE ONTARIO Park Symbol Redesignate To Urban Residential Revise Boundary Of Special Policy Area "B" 685 Attacnment s To Report PSD-014-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ( BY-LAW NUMBER 2006- l ' being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement application ZBA 2005-030; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "SPECIAL EXCEPTION — URAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exception 13.4.42 as follows: "13.4.42 URBAN RESIDENTIAL EXCEPTION (112-42)ZONE" For the purposes of establishing density,the total number of dwelling units in the R2-16. R4-20 and R2-42 zones shall not exceed 960 mobile home/single detached dwellings. • A) PERMITTED USES Only single detached dwellings are permitted. B) REGULATIONS FOR PERMITTED USED Each single detached dwelling shall be located on a single land-leased parcel. For the purposes of this exception zone, the.following speck regulations shall apply as if the land-leased parcels are lots: a) Site Area(minimum) 400 square metres b) Site Coverage(maximum) 45% c) Landscape Open Space(minimum) 30% d) Gross Floor Area(minimum) 80 square metres e) Yard Requirements(minimum) i) Front and Exterior Side Yards 4.5 metres to dwelling and 1.0 metres to garage or carport ii) Rear Yard 7.5 metres iii) Side Yard that abuts a Residential Zone 1.5 metres iv) Side Yard that abuts a Non-Residential Zone 3.0 metres f) Building Height(maximum) 10.0 metres g) For the purposes of this By-law a carport shall mean a roofed enclosure which may be attached or detached to a single detached dwelling, used for the storage or parking of a motor vehicle and has at least 40%of its total perimeter open and unobstructed. 686 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation.from."Agricultural (A) Zone" to "Holding-Urban _. Residential Exception ((H)R2-42) Zone" and "Environmental Protection (EP) Zone"as illustrated on the attached Schedule"A"hereto. 3. Schedule"A"attached hereto shall form part of this By-law. 4. This lay-law shall come into effect on the date of the passing hereof,subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton,Mayor Patti L.Barrie, Municipal Clerk t 687 This is - - By-law 2006- • assed this day of 1 1 ••vR- - �= 0 OM-11i�010 Mid Pp nZ5,05 9,4 or or 2 NJ A 010000lix ,r i S /, ; Mor Mo 07, r •/. r r • NATIO . Subject Site LAKE ONTARIO -- mmot Creek • i i Attachment' To Report PSD-121-0' �� 11 Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Tuesday May 23, 2006 Report#: PSD-063-06 File No's: .PLN 15.12 & PLN 26.13 By-law#: Subject: LICENSE AGREEMENT FOR HYDRO CORRIDOR NORTH OF WILMOT CREEK FOR WATERFRONT TRAIL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-063-06 be received; 2. THAT the two license agreements for recreational purposes be entered into with the Province of Ontario, one for the Hydro Corridor lands the first for Lots 1., 2, and Part of 3, Broken Front Concession, former Township of Darlington and second for Lots 33,. 34, 35, Concession 1 former Township of Clarke; 3. THAT By-laws authorizing the Mayor and Clerk to execute the-agreement for the above noted licenses be adopted; 4. THAT Council authorize staff and the municipal solicitor to take all necessary steps to finalize these license agreements; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: t Reviewed by: a i J. Crotne, M.C.I.P., R.P.P. Franklin Wu, Director o 3 Planning Services Chief Administrative Officer �\ A. S. Ca ella, C.E.T. .Director of Engineering Services FL*DC*sh*df May 16, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 REPORT NO.: PSD-063-06 PAGE 2 1.0 BACKGROUND 1.1 The Municipality committed to the Waterfront Regeneration Trail in the 1990's. Since that time, the studies carried out by the Municipality, planning decisions and land acquisitions have advanced the goal of a continuous off-road trail along the Waterfront in the urbanized areas of Clarington. 1.2 The Municipality has been working with Ridge Pine Park Inc. (Rice .Developments) to complete the "missing link" in the trail between Bennett Road and Cobbledick Road. In the Phase 1 to 5 Amending Agreement for the development, terms were put in place to ensure the alignment and funding for the Waterfront Regeneration Trail through the hydro corridor north of Wilmot Creek Retirement Community by the developer. 1.3 Bill 58 — The Reliable Energy and Consumer Protection Act, 2002 received Royal Assent in June 2002. It allowed for the ownership of approximately 50,000 acres of hydro transmission corridor lands to be transferred from Hydro One to the Province of Ontario. This transfer became effective on December 31, 2002 enabling the Province to protect contiguous corridor lands as well as identify and dedicate the lands for other compatible future uses. 1.4 The Province initiated a study regarding Provincial Secondary Land Use for corridor lands. Municipalities had the opportunity to identify their public interests in corridor lands; which Clarington did through PSD-011-05. 1.5 Under the new ownership and land use principles established by the Province for hydro corridor lands, staff have been able to work with Hydro One, the current license holder (Altario Farms Limited) and Ontario Realty Corporation (ORC) to arrange a license agreement for recreation purposes and have the existing agricultural license reduced by the area attributable to the proposed extension of the Waterfront Trail. 2.0 COMMENTS 2.1 The location of the Waterfront Trail in relation to the Wilmot Creek Community has been shown on the revised site plans and the subject of negotiation with both the owners of Wilmot Creek Community, Altario Farms, the current license holder of the corridor, Hydro One and Ontario Realty Corporation. All parties are in concurrence as to the location of the trail, its alignment and construction details. 2.2 The Municipality will be obtaining the license for a 13m wide corridor, 3m for the trail and 5m buffer on both sides; through the agricultural fields licensed to Altario Farms (see Attachment 1). The section from the Service Road west is referred to on the plan as Stage 1, and Stage 2 is from the Service Road eastward to Cobbledick Road. The licence area for Stage 1 is 1.1 ha and for Stage 2 is 1.7 ha, for a Total licence area of 2.8 ha. Only the Stage 1 area is being built in 2006, Stage 2 is not currently scheduled; however, we are obtaining approval the license for the entire area at this time. 690 REPORT NO.: PSD-063-06 PAGE -3 2.3 The licence agreement is granted on the provision that, the Licensee (the Municipality) pay the sum of One Dollar ($1.00) plus G.S.T. and in addition 50% of all taxes, rates or grants in lieu thereof.. The Finance Department have indicated that at the current tax rate of $2,920.99 for Stage 1 and $4,514.26 for Stage 2 when implemented will be applicable. 2.4 The other terms of the Licence that Council should be aware of is that it is only for a five (5) year term, which is the standard that ORC is enforcing for all hydro corridor licenses. It is non-renewable; rather another licence can be entered into at the end of the term. In addition, there is a 90 day termination option that the Licensor has the sole discretion to exercise at anytime. We have asked Hydro One if the term could be extended or a renewal clause added, but have not received an answer to our request. 2.5 The Municipality must carry Five Million Dollars ($5,000,000,000.00) in order to indemnify the Licensor and Hydro One Networks Inc. The Director of Finance has confirmed that we are in compliance with this condition. 2.6 The license agreement has been reviewed by the Municipal Solicitor. 3.0 CONCLUSION 3.1 The Municipality has been working towards having the Waterfront Trail off-road, especially in the more urbanized areas. 3.2 The developer is paying for the construction of the trail as part. of the overall development of Wilmot Creek Lifestyle Community in accordance with the arrangements with the Municipality. 3.3 Staff are recommending that the license agreement for recreational purposes be entered into in two phases with the Stage 1 area to be initiated as soon as possible. Attachments: Attachment 1 - Map of hydro corridor land and trail location Attachment 2 - By-law for Stage 1 Attachment 3 - By-law for Stage 2 List of interested parties to be advised of Council's decision: Les Hart Hugh Allin Patrick Grace Rice Developments 691 Attachment 1 To Report PSD-063-06 TORONTO STREET _ O Co Z O Z Z M Q E cc cc O Z U) Z Q U COBBLEDICK ROAD Cq v N C ZN � o ^ p •y � :•�:•'• Y g = c = 0 w O � J Z5 E EUCo E cQ L 0 SO o .t: Co C U U ° E Y (D M c c M •W r �° •�. CD (D Jz C a� 4) op a NU c E � � c 0 ri c a c a- CD M C C th C O v� 3 Cn3 2rn3 � . J cc J ` U J L N F- p 0 I- -C; 0 Co O O O E U. E � E c � E o � dU- � dLL Jn. tL d 1 1 1 1 1 2 ARacnm6m L To Report PSD-063-06 THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2006— being a by-law to authorize the entering into a Recreational Purpose Licence Agreement with Her Majesty the Queen, in Right of Ontario,as represented by the Minister of Public Infrastructure Renewal, the owner of the Utility Corridor located in Part of Lots 1,2, and 3 in Broken Front Concession former Township of Darlington (Stage 1), now in the Municipality of Clarington, Region of Durham WHEREAS,the Council of the Corporation of the Municipality of Clarington has approved the alignment of the Waterfront Regeneration Trajl through these lands, shown in Schedule A; AND WHEREAS, the Hydro One Networks Inc., has transferred ownership of it utility corridors to Her Majesty the Queen in right of Ontario, who in turn have authorized a signing officer of Ontario Realty Corporation ("ORC") to execute a license on behalf of Her Majesty for a period of five(5)years; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, a Licence Agreement for Recreational Purposes between Her Majesty the Queen, the owner of the Hydro Transmission Corridor located in Part of Lots 1,2, and 3 in Broken Front Concession former Township of Darlington,now in the Municipality of Clarington, Region of Durham. BY-LAW read a first time this 29"' day of May 2006 BY-LAW read a second time this 29'" day of May 2006 BY-LAW read a third time and finally passed this 29"' day of May 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 693 r1LLO+111 A 1=1 IL To Report RSD-003-01 THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2006- being a by-law to authorize the entering into a Recreational Purpose Licence Agreement with Her Majesty the Queen, in Right of Ontario,as represented by the Minister of Public Infrastructure Renewal, the owner of the Utility Corridor located in Part of Lots 33, 34 and 35 in Concession 1 former Township of Clarke(Stage 2), now in the Municipality of Clarington, Region of Durham WHEREAS,the Council of the Corporation of the Municipality of Clarington has approved the alignment of the Waterfront Regeneration Trail through these lands, shown in Schedule A; AND WHEREAS, the Hydro One Networks Inc., has transferred ownership of it utility corridors to Her Majesty the Queen in right of Ontario, who in turn have authorized a signing officer of Ontario Realty Corporation ("ORC') to execute a license on behalf of Her Majesty for a period of five(5)years; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows:. 1. That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, a Licence Agreement for Recreational Purposes between Her Majesty the Queen, the owner of the Hydro Transmission Corridor located in Part of Lots 33, 34 and 35 in Concession 1, former Township of Clarke, now in the Municipality of Clarington. Region of Durham. BY-LAW read a first time this 29th day of May 2006 BY-LAW read a second time this 29th day of May 2006 BY-LAW read a third time and finally passed this 29th day of May 2006 John Mutton,Mayor Patti L. Barrie, Municipal Clerk 694 • Schedule "A" TORONTO STREET _J 0 J E 0 _O NO 6L N Q Z Z a E CU CU Z• Z Q v COBBLEDICK ROAD C3 d O 0 g ev 'y N z ow s�i '•t••'• C Y A V CD >, O N Q V Z '.i� '•'�'••• C Q = 0E- = U CD p c a 76 O E 0U � E Ca BALL. 0 0 c c - ~ 2 U .. E . v U � c � YQ •� 0 ` p p m L -be Ca O C a� op pm.0 yC4 c E 0 A m O .0 O p Co O O E 0M d O 0 fl. J C a LL O >+ Cc t C � M C Cry CO 0 -a a M c 3 y 3 , ~ c3 -� ~ VJ L � 0 y O L y O y 0 E � L E � E c :CE °' 0 � a �i � a LL _`1a. uo. a PA-ti i i i LeQa�ng the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday October 22, 2007 Resolution #: Report#: EGD-054-07 File #: D.03.30.008 By-law#: Subject: COURTICE HEIGHTS NORTH SUBDIVISION, COURTICE, PLAN 40M- 1994, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY- LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-054-07 be received; 2. THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1994; and . 3. THAT Council approve the by-law attached to Report EGD-054-07, assuming certain streets within Plan 40M-1994 as public highways. Submitted by: Reviewed by: A.S. Cannella, C.E.T. aranklinu Director of Engineering Services Chief Administrative Officer ASC/NAC/jo September 28, 2.007 701 REPORT NO.: EGD-054-07 PAGE 2 1.0 BACKGROUND .1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered March 2, 2000, with Claret Investments Limited to develop lands by plan of subdivision, located in Courtice and described as Plan 40M- 1994 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into five (5) stages: a) Initial Works, b) Final Works; c) Street Lighting System; d) Stormwater Management System (not applicable); and e) Park Works (not applicable) 1.3 The Initial Works and Street Lighting System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Final Works were issued a 'Certificate of Completion' dated June 1, 2006. This initiated a one (1) year maintenance period, which expired on June 1, 2007. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 702 REPORT NO.: EGD-054-07 PAGE 3 1.6 Further to the issuance of a 'Certificate of Acceptance', a by-law is required to permit the Municipality to assume certain streets within Plan 40M-1994 as public highways (Attachment 2). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905) 623-9282 703 Co urtic,Heights�North �Subdiv►s►ohtn (Plan 40M-199.4) Mossgrove Ct Ix x Bluegrass � � R;ch#ielcl� Uate AM Abbeywoodu ~ `. ,, . 8 t R � e eCn Nash Road _ — O S DR ^-., COURTICE _ Ar 1-1 � 7 TIL F1 1, Gil I I l I s Site Area --�, --� DRAWN BY: E.L. � October 2 007 BEYW0CR _ REPORT EGD-054-07 I { _: . -- KEY MAP ATTACHMENT NO. 1 G:Wttachmentsk 4.mxd ATTACHMENT NO.:2 REPORT NO.: EGD-054-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- XX Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the streets shown on Plan 40M-1994, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways,and assumed by the said Corporation for public use: Richfield Square Bluegrass Gate BY-LAW read a first and second time this)e day of)oo=2007. BY-LAW read a third time and finally passed this)e day of r0000c 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 705 Clarineon RLeadi Leading the Way ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 22, 2007 . Resolution #: Report#: EGD-055-07 File #: By-law#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR SEPTEMBER, 2007. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-055-07 be received for information. Submitted by: Reviewed by: A. S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC*RP*bb October 09, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-1824 706 REPORT NO.: EGD-055-07 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of SEPTEMBER 2007, Staff wish to highlight the following statistics for the information of Committee and Council MONTH OF SEPTEMBER 2007 2006 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF . CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2007-2006 Residential 71 $8,335,441 97 $12,575,381 -33.7% Industrial 1 $10000 1 $35,000 -71.4% Government 1 $40,000 0 $0 N/A Commercial 7 $1,057,980 9 $2,619,000 -59.6% Institutional 1 $50,000 1 $5,000 900.0% Agricultural 3 $278,814 3 $266,311 4.7% Demolition 2 $0 4 $0 N/A TOTAL 86 $9,772,235 115 $15,500,692 -37.0% YEAR TO DATE 2007 2006 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2007-2006 Residential 674 $110,399,141 684 $119,273,171 -7.4% Industrial 11 $6,586,800 18 $5,590,666 17.8% Government 1 $40,000 5 $1,815,000 -97.8% Commercial 44 $15,141,199 47 $4,652,005 225.5% Institutional 12 $1,406,300 15 $3,269,871 -57.0% Agricultural 23 $5,601,207 13 $889,321 529.8% Demolition 31 $0 38 $0 N/A TOTAL 796 $139,174,647 820 $135,490,034 2.7% 707 REPORT NO.: EGD-055-07 PAGE 3 1.2 With respect to building permit activities (over$250,000) and large residential building permit activities, the details are provided as follows: Owner / Applicant Construction Type Location Value TRECOR INC. Restaurant- Boston Pizza 2,372 HIGHWAY 2, BOWMANVILLE $968,480 708 REPORT NO.: EGD-055-07 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of"SEPTEMBER" and "YEAR TO DATE". Dwelling Unit Type"SEPTEMBER" 2007 ,Dwelling Unit Type"YEAR TO DATE 2007" 0 3 Apartment Apartment 0% 17 75 1% Single Townhouse 25 Detached 16% Townhouse 39% 307 56% 88 Single Semi- Detached Detached 64% 2 19% Semi- Detached Single Detached 17 5% ID Single Detached 307 ■Semi-Detached 2 ■Semi-Detached 88 *Townhouse 25 *Townhouse 75 *Apartment 0 *Apartment 3 The following is a historical comparison of the building permits issued for the month of "SEPTEMBER" and "YEAR TO DATE" for a three year period. Historical Data for Month of"AUGUST" Historical Data "YEAR TO DATE" $25,000,000 $180,000,000 $160,000,000 $20,000,000 $140,000,000 $120,000,000 $15,000,000 $100,000,000 $10,000,000 $80,000,000 $60,000,000 $5,000,000 $40,000,000 $20,000,000 $0 $0 2007 2006 2005 2007 2006 . 2005 BValue $9,772,235 $15,500,692 $22,754,383 103Value $139,174,647 $135,490,034 $169,217,830 709 REPORT NO.: EGD-055-07 PAGE 5 PERMIT REVENUES 2007 2006 September Year to Date September Year to Date PERMIT FEES $ 86,842 $ 1,066,343 $ 126,397 $ 1,132,003 INSPECTION SERVICES 2007 2006 September Year to Date. September Year to Date Building Inspections 452 4,399 493 4,259 Plumbing & Heating Inspections 498 4,165 476 3,914 Pool Enclosure Inspections 0 0 0 0 TOTAL 950 8,564 969 8,173 NUMBER OF NEW RESIDENTIAL UNITS 2007 2006 September Year to Date September Year to Date Single Detached 17 307 26 332 Semi-Detached 2 88 10 86 Townhouse 25 75 26 48 Apartments 0 3 0 203 TOTAL 44 473 62 669 710 REPORT NO.: EGD-055-07 PAGE RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR (to e0d of AREA September 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 of Bowmanville 327 608 307 587 468 345 312 .188 184 313 423 Courtice 61 126 241 173 180 133 129 231 296 254 295 Newcastle 50 83 202 191 123 131 76 110 78 4 5 Wilmot Creek 11 15 15 25 29 38 24 19 21 33 21. Orono 0 1 1 2 0 1 0 0 1 0 0 Darlington 5 7 14 15 13 17 47 102 31 14 19 Clarke 11 12 13 10 16 15 9 17 17 12 20 Burketon 0 0 1 1 1 1 0 1 0 1 2 Enfield 0 0 0 0 0 0 0 0 0 0 3 Enniskillen 0 1 1 1 0 2 5 7 6 3 7 Hampton 1 1 0 0 3 1 1 1 2 1 2 Haydon 0 0 0 0 0 0 0 0 1 1 2 Kendal 1 0 0 1 0 3 2 0 1 0 0 Kirby 0 0 0 0 0 0 0 0 0 0 1 Leskard 0 0 0 0 0 1 0 0 1 0 0 Maple Grove 0 0 0 0 1 0 0 0 0 0 0 Mitchell Corners 1 0 0 1 0 0 0 0 0 0 0 Newtonville 1 2 4 5 3 3 0 3 1 0 0 Solina 4 3 3 3 3 1 1 0 0 0 1 Tyrone 0 0 0 0 3 9 3 0 1 0 .0 0 TOTALS 473 859 802 1,015 843 701 609 679 640 636 801 711 • Cla � 1 Leading the Way REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: OCTOBER 22, 2007 Report#: OPD-010-07 File #: By-Law #: Subject: RECYCLING BLUE BOXES, GARBAGE BAG TAG SALES, BIA RECYCLING METRO BINS and SPECIAL EVENTS AND CLARINGTON RESIDENT GUIDE TO REDUCE, REUSE, RECYCLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-010-07 be received for information. Submitted by: Reviewed by: Fre ath, Frnklin Wu, B.A., .D.M.R., R.R.F.A. Chief Administrative Officer Director of Operations FH\sa 801 REPORT NO. OPD-010-07 PAGE 2 1.0 BACKGROUND 1.1 SPECIAL EVENTS On Saturday September 15th there was a Household Hazardous Waste Public Collection Event located at Clarington Animal Services, 33 Lake Rd., Bowmanville from 9 am to 12 noon. This event was free of charge. There was a limit of 50 litres of HHW only. Residents used non returnable containers. Examples of typical household hazardous waste materials include: paint, paint thinner, varnishes, pesticides, herbicides, fungicides, insecticides, poisons, waxes, polishes, chemicals, photography chemicals, antifreeze, brake fluid, batteries, oil filers, motor oil, anti-freeze and batteries. This event, similar to 2005, was very well received by our residents with over 450 cars in attendance. Description Quantity L/KG/FT/Units flammable liquids 1760 L paint 4280 L batteries 1500 KG latex 2400 L oil 1920 L aerosols 160 KG propane 1520 KG base 80 L acid 80 L pesticide 320 L oxidizer 160 KG florescent tubes 72 FT On Saturday October 20th there was an E-Waste Public Collection Event (electronic waste) at Clarington Animal Services, 33 Lake Road, Bowmanville from 9 am to 12 noon. Residents dropped off their computer equipment, electronic toys, microwaves, radios, drills, small power tools and small kitchen appliances. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)263-2292 F(905)263-4433 02 REPORT NO. OPD-010-07 PAGE 3 2.0 BIA RECYCLING METRO BINS Since November 2006, Creative Advertising has provided the Municipality with the "metro bin" model of recycling. Currently we have three (3) bins in Newcastle, two (2) in Orono and thirteen (13) in Bowmanville: The containers are emptied every Friday. Since this program has started,- there has been 2,555 kg. of trash and 1,368 kg. of recyclables collected up to June 30, 2007. The recyclables are taken to Miller Waste Durham Inc. at 1220 Squire Beach Road, Pickering. Staff will be considering additional locations in 2008 including parks, open space and trails. 3.0 BLUE BOXES AND GARBAGE BAG TAGS In 2002 the Clarington Operations Department commenced selling recycling blue boxes to residents of Clarington for their convenience. The closest location for residents to purchase their extra blue boxes was the Region Waste Management Facility at 1640 Ritson Road in Oshawa. Since that time residents have shown us that they are avid recyclers as we have sold 2,530 blue boxes. 4.0 In 2003 the Region of Durham introduced the "garbage bag tag" to residents. Garbage bag tags are special peel and stick labels that can be attached to your garbage bag. Residents setting out more than three bags of garbage per week are required to tag each bag over the three bag limit. Extra bag tags are available at the following locations in Clarington: • Clarington Municipal Administrative Centre, Bowmanville • Clarington Operations Department, Hampton • Courtice Community Complex, Courtice • Courtice South Arena, Courtice • Garnet B. Rickard Recreation Complex, Bowmanville • Clarington Fitness Centre, Bowmanville • Newcastle Home Hardware, Newcastle • Terrens Wellness Centre, Orono CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)263-2292 F(905)263-4433 03 REPORT NO. OPD-010-07 PAGE 4 4.1 2007 as of Garbage Bag Tags 2003 2004 2005 2006 July 31 Hampton Operations Department 806 1,045 1,297 929 292 Clarington Fitness Centre n/a 1 96 1,507. 654 390 Courtice Community Complex n/a 271 2,111 1,664 1,910 Municipal Administrative Centre 4,106 6,367 6,936 6,473 3,447 South Courtice Arena n/a 45 230 641 382 Garnet B. Rickard Complex n/a n/a n/a 703 459 Newcastle Home Hardware n/a n/a n/a 703 1,059 Terrens Wellness Centre Orono n/a n/a n/a 61 311 Total Bag Tags Sold 4,912 7,824 12,081 11,828 8,250 2007 as of Blue Boxes 2003 2004 2005 2006 July 31 Hampton Operations Department Total Blue Boxes Sold 1,314 336 349 1 392 139 5.0 PITCH-IN CANADA 2008 The next Pitch-In Canada event for 2008 will be held from April 21st= 26th, 2008. Clarington special events will be held on Saturday April 26th. Initiatives that are under consideration are a Clarington Environment Day which will include Household Hazardous Waste, E-Waste, reusable household building materials for Habitat for Humanity and a smart gardening workshop to promote environmental friendly lawn and garden practices. Staff will report back to Council regarding the 2008 program at a later date. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)263-2292 F(905)263-4433 04 REPORT NO. OPD-010-07 PAGE 5 Attached you will find a draft copy of a resource booklet identifying organizations who will reuse, recycle or dispose of various products. This information booklet will be available on our website upon completion. Attachments: Attachment #1 — Draft Clarington Resident Guide to Reduce Reuse Recycle CORPORATION OF THE MUNICIPALITY OF CLARINGTON 05 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)263-2292 F(905)263-4433 ATTACHMENT NO.: 1 REPORT NO.: OPD-010-07 Clarinv. ion Rescientia waste f e tiectori wide Am a e - � n3 r�. - E DRAFT 806 2 Table of Contents Introduction 3 Local Waste Disposal Facilities 4 Appliances 5 Automotive 5, 6 Batteries 6 Bicycles 7 Books and Magazines 7 Building and Construction Materials. 8 CDs, DVDs,Videos,Video Games 8 Children's Items 8, 9 Clothing Hangers 9 Clothing 9, 10 Computers 10 Electronics 11 Eye Glasses 11 Household Items 12 Jewellery 12, 13 Musical Instruments 13 Printer Cartridges 14 Propane Cylinders 14 School Items 14 Scrap Metals 14, 15 Sporting Equipment 15 Tires 15 Food Waste Composting 16 Yard Waste Composting 16 Backyard Composting 17 Blue Box Recycling 17, 18 Garbage Waste 18, 19 Garbage Bag Tags 19,.20 White Goods 20 Bulky Goods 20 Household Hazardous Waste 21 Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 807 3 Introduction The following was taken from the Municipality of Clarington's Residential Waste Calendar: "In 2005, the residents of Clarington generated more than 13, 800 tonnes of garbage. The Region collected,hauled and disposed of it in a landfill site in Michigan. This system of garbage disposal is not sustainable. As a community we must strive to do better. If Michigan closes the border, what are you going to do with your garbage? The Region will continue to collect, sort and sell Blue Box recyclables and also collect and compost Green Bin kitchen food wastes and yard wastes. There are no major landfill sites in our Region and there is no readily available landfill space anywhere in Ontario. So, what are we to do?" This guide was designed in an effort to assist residents in proper waste disposal by providing ideas and resources that offer alternatives to curbside garbage collection. By decreasing our garbage waste we are working towards a cleaner community. This guide lists a number of businesses and organizations that will be willing to accept items that you wish to dispose of, as long as they are in a condition that will allow them to be reused by others. Although we have done our best to ensure that this guide is as up to date and inclusive as possible,we know that businesses and organizations are susceptible to change of policy, contact information, etc. Therefore we ask that you please call ahead prior to taking items to locations to ensure that they are accepting the items. This will ensure that your time and efforts are not wasted. In addition we have included information regarding garbage,recycling and compost collection. Hopefully the information and tips we have offered will allow you to manage your waste disposal in the most efficient and effective way possible. If there is something you feel we should include in our guide, such as updated information regarding the businesses and organizations we have listed, or additional resources for items that are to be disposed of,please contact us at the Municipality of Clarington, Operation Department at 905-263-2291. Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 808 4 Local Waste Disuosal Facilities Drop Off Depots 1640 Ritson Road North �1(W •' Oshawa, ON Tuesday to Saturday, 8 a.m. to 4 p.m. Tel: 905-433-2050 Closed Sundays, Mondays and holidays 1623 Reach Street ( s` Port Perry, ON Tuesday to Saturday, 8 a.m. to 4 p.m. _ Tel: 905-985-7973 Closed Sundays, Mondays and holidays Garbage, appliances, tires, scrap metal, waste oil & filters, drywall, wood&brush, propane, oversized cardboard boxes,Blue Box materials, care &household batteries, leaf and yard waste, paint, household hazardous waste and electronics Payment with Cash, VISA or Interac are accepted $120 per tonne, minimum $5 charge per visit Household hazardous wastes delivered separately are fee exempt Private Waste Facility 1 McKnight Road Courtice, ON Monday—Friday, 6 a.m. to 5 p.m. Saturday 8 a.m. to 5 p.m. Tel: 905-433-5077 ext. 240 This site is for garbage only—no recycling, yard waste,tires,white goods, organics, or household hazardous waste (propane tanks,batteries, etc.)will be accepted at this location. Cash is not accepted. Debit,VISA or Mastercard ONLY $102 per tonne, minimum $9.10 charge Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 809 5 Appliances St.Vincent De Paul 79 King Street East,Bowmanville 7 905-623-7941 i 15 Albert Street, Oshawa 905-723-5727 Small household appliances in good working condition North Durham Appliance Oshawa.....905-434-3571 Port Perry...905-985-1271 Toll Free....1-800-985-1271 Recycling of harmful CFC gases from refrigeration equipment Hank's Appliances Inc. 426 Simcoe St. S (N of Hwy. 401), Oshawa 905-728-4043 Automotive PS Auto Parts 5000 Halls Road, Whitby 905-686-.3771 or 1-800-253-9887 Cash for scrap cars and trucks Abe's Auto Recycling �II' 2532 Concession Road 3, Bowmanville 905-623-5756 Cash for used cars and trucks Cowanville Auto Wreckers 91 Cowanville Road,Newcastle .905-987-4636 Wrecked cars, used parts,scrap metal Resident Guide to Proper Waste Management Municipality of Clarington Operations Departme 81 O 6 Automotive (Con't) Bailey's Automotive Port Hope 1-800-263-3822 Dom's Auto Parts 1604 Baseline Road West, Courtice 905-434-4566 Oshawa Autowreckers 1175 Nelson Road, Oshawa 905-725-2162 Cash for scrap cars, trucks, copper, aluminum and brass Newcastle Recycling 4349 Concession Road#4,Newtonville 905-786-2046 Used parts,ferrous& nonferrous scrap metal Batteries Canadian Tire 2401 Hwy 2, Bowmanville 905-623-5000 441 Gibb Street, Oshawa 905-786-6722 1333 Wilson Road North, Oshawa 905-433-5575 or 905-433-5579 Old car batteries can be traded-in with the purchase of a new car battery at Canadian tire locations Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 811 7 Bicycles Rebound Sports Inc. 1725 Kingston Road, Pickering 905-683-3476 Buy,sell and trade sports equipment Books and Magazines GNU Books 190 Harwood Avenue,Ajax 905-427-8070 250 Haunton Road East, Oshawa 905-434-1463 239 King Street East, Bowmanville 905-697-2790 x r - The Nook Y } 24 Division Street, Bowmanville 905-697-2486 It's Worth Repeating ; 2727 Courtice Road, Courtice 905-432-7774 3555 Thickson Road, Whitby 905-579-9912 Adult and children books Consider donating to local schools, libraries, children centres, doctor's offices and senior homes. Resident Guide to Proper Waste Management Municipality of Clarington Operations Departme 812 8 Building and Construction Materials Elirpa Construction & Material �� 2890 Brock Road North, Whitby lot 905-683-6517 Recycling services for asphalt and concrete Habitat for Humanity Northumberland (Cobourg) ' (905) 373-HOME(4663) ' Recycling complete small windows (under 3x4),solid wood and hollow paneled doors (no slab doors), bathroom vanity cupboards, door hardware, tools,full length lumber and trim CDs, DVDs, Videos, Video Games Deja vu Discs 75 Bayly Street West, Ajax 905-427-7613 250 Taunton Road, Oshawa 905-435-9989 400 King Street, Oshawa 905-438-0458 Trade in your old discs for cash or store credit Trader Joes 451 Simcoe Street, Oshawa 905-433-1785 1240 Simcoe Street, Oshawa 905-571-2247 77 King Street, Oshawa 905-576-4599 Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 13 9 Children's Items St.Vincent De Paul a 79 King Street East, Bowmanville 905-623-7941 St.Vincent De Paul 15 Albert Street,Oshawa 905-723-5727 Second hand clothing, accessories, eta Once Upon a Child 1645 Dundas Street East, Whitby 905-579-7676 Secondhand clothing, accessories, etc. Clothing Hangers Local dry cleaners may take back or reuse old clothing hangers. You can ask your local dry cleaner or log onto www.c2p2online.com to find a dry cleaner in your area that practices this environment friendly approach. Clothing St. Vincent De Paul 79 King Street East,Bowmanville 905-623-7941 15 Albert Street,Oshawa 1 905-723-5727 Second hand clothing in good condition Almost New Shoppe 1206 Wecker Drive, Oshawa 905-576-5134 Men, women and children's clothing in good condition Blueberry's 5341 Main Street, Orono 905-983-6022 Women and children's clothing and accessories in good condition Resident Guide to Proper Waste Management Municipality of Clarington Operations Departme 814 10 Clothing (Con't) It's Worth Repeating 2727 Courtice Road, Courtice ' 6 905-432-7774 3555 Thickson Road, Whitbyy 905-579-9912 Women's, children's, maternity, accessories in good condition My Sister's Closet 92 Walton Street, Port Hope 905-885-8823 Rugged Replays Burns Street Plaza, Whitby 905-404-2063 Men's and boy's clothing in good condition Computers Gillco Electronics 113 King Street East, Bowmanville 905-623-9312 Computer recycling Electronics Salvation Army 35 Division Street, Bowmanville 905-623-3217 45 King Street East, Oshawa 905-728-1743 Small household appliances in working condition Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 815 11 Electronics (Con'tl Trader.Joes 451 Simcoe Street, Oshawa I 905-433-1785 1240 Simcoe Street, Oshawa 905-571-2247 77 King'Street, Oshawa 905-576-4599 Buy,sell and trade items Eve Glasses Many Lions Club Organizations are active in taking part in eye glass recycling and reuse programs. Please contact your local Lions Club to see if they take part in this program Bowmanville Lions Club 905-697-2856 Courtice Lions Club 2727 Courtice Road, Courtice, ON Newcastle Lions Club 905-987-4966 Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 816 12 Household Items 5�S Salvation Army 35 Division Street,Bowmanville t! 905-623-3217 45 King Street East, Oshawa 905-728-1743 Reusable linens, dishes, cookware,jewellery, videos, CD's and books Canadian Diabetes Association 585 Wentworth East, Oshawa 905-720-3543 Call and ask about their clothesline program, which collects bedding, linens, towels, toys,games,small furniture and kitchen items St.Vincent De Paul 79 King Street East,Bowmanville 905-623-7941 15 Albert Street, Oshawa 905-723-5727 Various household items Jewellery Estate Buyers Intl 526 Simcoe Street South, Oshawa 905-576-9203 Cash for gold jewellery Rock Bottom Deals 22 Simcoe Street North, Oshawa 905-436-1320 Resident Guide to Proper Waste Management Municipality of Clarington Operations Departme 817 13 Jewellery (Con't) Trader.Joes 451 Simcoe Street, Oshawa 905433-1785 1240 Simcoe Street, Oshawa 905-571-2247 77 King Street, Oshawa 905-576 4599 Buy,sell and trade items Musical Instruments Long and McQuade 902 Simcoe Street North, Oshawa 905-434-1773 Y Trades, buys used instruments in good condition Trader Joes 451 Simcoe Street, Oshawa VVP 905-433-1785 Y 1240 Simcoe Street, Oshawa 905-571-2247 77 King Street, Oshawa 905-576-4599 ( t Wilson & Lee Ltd. 87 Simcoe Street North, Oshawa 905-725-4706 George's Guitar& Music 62 Swayne Street, Cobourg 905-373-1991 or 1-888-389-3337 Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 818 14 Printer Cartridges Consider the use of refillable printer cartridges which is more environment friendly and can be more cost efficient! Many local schools take part in cartridge recycling programs. Call your local school to see if they are enrolled Propane Cylinders Cigas Propane 119 Cigas Road, Courtice 905-436-2015 or 1-800-254-7767 Caledon Propane 40 Port Darlington Road, Bowmanville 905-697-0907 School Items You may wish to donate used school items such aspens,pencils,pencil crayons, markers,paper, binders, etc. to local schools to use in classrooms. Some churches also have collections for such items to deliver to children in need around the community and across the globe. Scrap Metal Newcastle Recycling Limited 4349 Concession Road#4,Newtonville 905-786-2046 TMT Salvage and Metal Recyclers 1041 Nelson Street,Oshawa 905-432-3092 Durham Iron & Metal 124 Reach Industrial Park Road, Port Perry 905-686-3775 K&K Recycling Services 870 McKay, Whitby 905-426-8989 or 1-888-311-8886 Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 819 15 Scrap Metal (Con't) J&F Waste Systems 375 Clements West,Ajax 905427-8064 Sporting Equipment Crow's Sports 253 Bloor Street, Oshawa 905-436-0855 Hockey and goalie equipment Play It Again Sports 1801 Dundas Street,Whitby 905-728-8881 • 4��� r!v� 1414 Hwy. 2, Courtice 1 �) ���� �J/j 905-579-8880 Rebound Sports Inc. 1725 Kingston Road,Pickering 905-683-3476 Buy,sell and trade sports equipment Tires Tires are accepted at both Regional Waste Disposal Facilities for disposal, Please refer to page jour of this guide for information regarding the contact information, location and fees. Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 820 16 u Food Waste Composting Collection Weekly on your regular garbage day Kitchen Food Waste Container Line the container with a 100%biodegradable liner. When odours become noticeable or when the bag is nearly full, tie the bag and throw it into the Curbside Green Bin. This container should not be put at the curbside,as it is not lockable. Only place the Curbside Green Bin at the curb. Curbside Green Bin This is a larger bin used to store the waste until collection day. Line the bottom of the bin with newspaper as a dry absorbent liner. The newspaper is compostable and will minimize odours and leaking. Place this bin at the curb side on collection day. Compostable Items Food—fruits and vegetables, table scraps,meat, fish,poultry, bones, dairy products, fat, bread,rice,pasta, coffee grounds, filters,tea bags, eggshells, etc. Paper Fibres—paper egg cartons, fast food drink trays,paper food cartons, soiled paper towels,tissues and serviettes Other—house plants, flowers, sawdust and wood shavings, bedding from pet cages (birds,hamsters), dryer lint and hair UNACCEPTABLE ITEMS Food packaging materials, kitty litter, animal wastes, diapers, sanitary products and plastic bags Yard Waste Composting Collection 24 collections per year, between mid-April and the end of November , Brush collection is limited to 3 securely tied bundles no longer than 1 metre. k The branches are not to exceed 75 mm (3 inches) in diameter. Resident Guide to Proper Waste Management Municipality of Clarington Operations Departme 821 17 Yard Waste Composting (Con't) Christmas trees are to be composted. Remove decorations from your tree-and set it at the curb. Trees in plastic bags will not be collected. There is one scheduled collection day in January. UNACCEPTABLE ITEMS Grass Clippings are not collected; you are advised to leave them on your lawn. Plastic bags will not be collected. Backyard Composting Helpful Hintsl • Cut material into small pieces, allowing for faster breakdown in the composter • Add kitchen wastes and yard wastes in layers by layering"green"kitchen scraps with `brown"yard waste. • Use your garden hose to keep the pile moist, about as moist as a wet sponge • Turn the compost pile regularly. This adds oxygen which speeds up the process and helps to prevent odours • Add small amount of grass clippings to your composter, or leave them on your lawn as a natural fertilizer • Harvest the finished compost. Use it on your lawn or garden as a natural fertilizer Blue Box Recycling Collection Once every two weeks on your regular collection day Use two blue boxes to organize your recyclables! In blue box container 1 place loose: all plastic bottles with a twist off top; milk,juice and drink cartons; glass bottles and jars, margarine,yogurt and ice cream tubs; metal food and beverage cans, empty aerosol and paint cans Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 22 18 Blue Box Recycling (Con't) In blue box container 2 place loose:junk mail and envelopes; catalogues and phone books; office, computer and scrap paper,newspapers Boxboard and Cardboard • Cereal boxes (with liners removes);tissue boxes; detergent boxes;toilet paper rolls;paper towel rolls; clean pizza boxes • Fold the boxes flat; cut, tie and bundle them about the same size as your blue box;place next to or on top of your blue box Note: Shredded paper should be in a clear plastic bag, not loose in a blue box, and set out on the curb for recycling. Plastic bags should not be included with recycling. Please place recyclables loose inside your blue boxes Garbage Waste Collection Weekly on your regular collection day General Information • Garbage bags or reusable container contents may not weigh more than 20 kg(44 lbs) each. If a garbage bag breaks when it is lifted,it will not be collected. • There is a limit of 3 untagged bags or containers of garbage per household per week. Any bags or cans over this limit must be tagged with a yellow garbage bag tag. Tags are $1.50 and available at the following locations across Clarington. You must tie these tags around the top of the garbage bag. Note: Residential waste should be set out for curbside collection before 7:00 am on the day of the waste collection. Recyclables, compostables and household hazardous waste are not to be mixed in with your garbage! Unacceptable Items for Curbside Collection • Material longer than 3 feet in any direction or weighing more than 20 kg(44 lbs) • Material in excess of the weekly garbage limit,not tagged • Any material frozen to a container and not easily removed by shaking Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 23 19 Garbage Waste Won't) e Any material set out for waste collection located on private property e Household Hazardous Wastes such as propane tanks, oil and filters, explosives of highly combustible liquids or materials,pesticides,pool chemicals, fertilizers, paints,varnishes,batteries, etc. e Construction/demolition/renovation materials such as.flowing (ceramic,vinyl, hardwood), drywall,lumber, fences,bricks, decks, sheds, asphalt, siding, concrete, shingles (Unacceptable Items) • Trees or brush more than 75 mm diameters (3 inches) e Animal waste or carcasses, excluding kitchen wastes e Hospital,medical or radioactive wastes • Agricultural or farm wastes e Automotive parts and accessories including tires e Hot ashes or any waste capable of starting a fire • Manufacturing, industrial, commercial or institutional wastes Garbage Bag Tags Garbage bag tags are a special peel and stick label that can be attached to your garbage bag. Residents setting out more than three bags of garbage per week are required to tag each bag over the three bag limit. There is not limit to the number of properly tagged garbage bags set out for collection,provided they are tagged. Extra Garbage Bag Tags are available at the following locations: Am BOOM CIAROGUN PXWRNG Reduce,Reuse,Recycle SCUWG GARBAGE BAG TAG UX rim Clarington Municipal Administrative Centre 40 Temperance Street, Bowmanville Hours: 8:00 a.m.to 5:00 p.m., Monday to Friday Tel: 905-623-3379 Clarington Operations Centre 2320 Taunton Road, Hampton Hours: 7:00 a.m.to 3:30 p.m., Monday to Friday Resident Guide to Proper Waste Management Municipality of Clarington Operations Departme 824 20 Garbage Bag Tags (Con't) Durham Waste Management Facility (Oshawa) 1640 Ritson Road North, Oshawa Hours: 8:00 a.m. to 4:00 p.m., Tuesday.to Saturday Tel: 905-433-2050 Courtice Community Complex 2950 Courtice Road North, Courtice Tel: 905-404-1525 Courtice South Arena 1595 Prestonvale Road, Courtice Tel: 905-435-1061 Garnet B. Rickard Recreation Complex 2440 King Street West, Bowmanville Tel: 905-623-5728 Clarington Fitness Centre 49 Liberty Street North, Bowmanville Tel: 905-623-3392 Rona Hardware 15 King Ave W,Newcastle Tel: 905-987-4560 Terrens Wellness Centre 5324 Main St., Orono Tel: 905-983-5000 � -law White Goods Collection Weekly on your regular waste collection day Accepted Items Dishwashers, freezers (empty), washers/dryers, BBQs (tank & charcoal removed),bath tubs (metal only), microwave, metal filing cabinets, shelving units, metal bed frames & rails, water heaters, sinks & faucets (metal), refrigerators (empty), stoves,range hoods, air conditioners/dehumidifies, wheel barrow(metal only), bicycle frames,patio tables and chairs (metal). Note: Remove freezer and fridge doors for safety reasons Resident Guide to Proper Waste Management Municipality of Clarington Operations Department 21 Bulky Goods Collection Collection is provided on a"call in"basis only. Make a list of materials requiring collection before taking items to the curb. To arrange a collection please call 905-579-5264 or 1-800-667-5671 (toll free). Accepted Items Mattresses &box,springs,couches,tables, desks, chairs, dressers, armoires, chests,TVs,toilets,weed eater(electric only), carpet rolls& underpad(rolled and bundled), sport equipment, bath tubs (fiberglass only) and plastic laundry tubs Household Hazardous Wastes Household Hazardous Wastes(HHW) include materials such as: Paint,paint thinners, stains,varnishes,pesticides, herbicides, fungicides, insecticides,poisons, waxes,polishes, solvents,pool chemicals, photography chemicals,antifreeze, brake fluid,batteries, oil filters, fuels, propane tanks, etc. - Proper Practices Household Hazardous Wastes require special attention during handling, storage, collection, transportation,treatment and disposal. Many products we use every day are hazardous. Household Hazardous Wastes should not be mixed in with your regular garbage and they should never be poured down the drain, emptied into your toilet, laundry tub or storm sewers. • Landfill sites and waste water treatment plants are not designed to accept such toxic chemicals • Storm sewers flow directly into nearby water courses such as neighbourhood creeks,streams and lakes from which our drinking water is taken. • All residents are urged to do their part in keeping our neighbourhoods clean and safe by bringing Household Hazardous Wastes to a licensed drop-off depot. Resident Guide to Proper Waste Management Municipality of Clarington Operations Departmen826 • Leading the«'ay REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 22, 2007 Report#: ESD-014-07 File # 10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT— SEPTEMBER"2007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report ESD-014-07 be received for information. i Submitted by: Reviewed by: �! Gordon Weir, AMCT, CIVINO 11 rfighklin Wu. Director Emergency & Firh Services Chief Administrative Officer GW*sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F905)623-6506 901 REPORT NO: ESD-014-07 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month September 2007. It is our intent to provide Committee with' information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 2607 calls during this period and recorded total fire loss at $1,065,500. A breakdown of calls responded to follows in the table attached. Attachment: Activity Report 902 CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT Period: September 1, 2007 00:00:00 to September 30, 2007 23:59:59 CALL TYPE VOLUME a T STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 CALL CALL TYPE g' TYPE BOWMANVILLE NEWCASTLE ORONO COURTICE ENNISKILLEN TOTALS PERCENTAGE ;. PROPERTY FIRE 7 2 1 4 1 15 5.7% CALLS COUPLING 5 2 3 5 8 23 8.7% FALSE FIRE 10 4 3 13 4 34 12.8% CALLS PUBLIC HAZARD 13 5 0 11 0 29 10.9% CALLS RESCUE CALLS 16 4 2 6 3 31 11.7% MEDICAL ASSIST 54 7 8 31 5 105 39.6% CALLS MISCELLANEOUS 14 4 2 7 1 28 10.6% CALLS TOTALFOR 119 28 19 77 22 265 100.0% MONTH YEAR TO DATE 1336 338 162 656 115 2607 YEAR TO DATE 44.9% 10.6% 7.2% 29.1% 8.3% 100.0% PERCENTAGE. STANDYBY 7 0 0 8 0 15 CALLS DOLLAR LOSS $1,001,500 $3,000 $6,000 - WAN- $1,000 $1,065,500 APPARATUS CALL VOLUME STATION 1 PUMPER 1 SCAT 1 PUMPER 11 TANKER 1 UTILITY 1 AERIAL 1. RESCUE 1 222 161 34 12 4 1 4 6 STATION 2 PUMPER 2 TANKER 2 45 32 13 STATION 3 PUMPER 3 TANKER 3 UTILITY 3 ATV 28 21 5 1 1 STATION 4 PUMPER 4 PUMPER 44 TANKER 4 126 113 7 6 STATION 5 PUMPER 5 TANKER 5 26 24 2 447 274 34 96 30 2 5 6 903 • arm n Le��ng the woy REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 22, 2007 Resolution #: Report#: CSD-016-07 File #: By-law#: Subject: MUNICIPALITY OF CLARINGTON'S PARTICIPATION IN THE SUMMER JOBS SERVICE PROGRAM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-016-07 be received for information. Submitted 4by: Reviewed by . C aruana anklin Wu rector of Community Services Chief Administrative Officer JPC/SM/J CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-5506 1001 REPORT NO.: CSD-016-07 PAGE 2 1.0 BACKGROUND 1.1 Summer Jobs Service is a student job subsidy program created by-the Province of Ontario and is facilitated in the Durham Region through the John Howard Society. 1.2 The Summer Jobs Service program provides a $2.00 per hour wage subsidy to employers who employ students for the summer. The program also posts jobs, which are subsidized by the program, in the Summer Jobs Service job bank for student access. 1.3 The Summer Jobs Service program offers free training to students in areas such as job search and self-marketing skills. This program is designed to help eligible youth prepare for employment, gain employment experience and stay in school. 1.4 This is the sixth year that the Community Services Department has facilitated the program on behalf of the Municipality. 2.0 TARGET GROUP 2.1 The Summer Jobs Service program is targeted to students aged 15-24 years (up to 29 for a person with a disability) who are currently attending school and plan to return to school in the fall. 2.2 The students must not be currently working for the employer applying for the subsidy (exception: students whose part-time jobs will be increased to full-time while participating in the Summer Jobs Service). 3.0 APPLICATION PROCESS 3.1 In spring 2007, the Community Services Department submitted an application to the Summer Jobs Service program on behalf of the Municipality of Clarington. Included with this application was a list of positions (Attachment#1) that were forecast to be hired for the summer in the various departments including Corporate Services, Operations, Planning Services and Community Services. This application identified the start and end dates for our summer work term (April 1,20 07 through to and including September 30, 2007). 3.2 The participating departments were responsible for submitting their student's hours bi-weekly to the Community Services Department, who then forwarded invoices to the Summer Jobs Service program throughout the summer term on behalf of the Municipality. 1002 REPORT NO.: CSD-016-07 PAGE 3 4.0 COMMENTS 4.1 Through staff initiatives to pursue this program, the Municipality submitted requests for 94 student positions. We received approval for 46 students (Attachment#2) in the Summer Jobs Service program. For 2007, the subsidy that the Municipality of Clarington was approved for was $28,536.00. This amount will be subject to final year end claims and audits by the Province and at that time additional funds may be distributed to the participating agencies. 4.2 It should be noted that eligibility does not guarantee the employer will receive $2.00 per hour per student as the total funds are distributed by formula to the participating employers. The total grant amount may increase further, however this will not be confirmed until all of the outstanding claims are processed by the John Howard Society at year end. 4.3 Departments do not budget for this revenue as the program is not guaranteed from year to year. The funds are recognized in a miscellaneous revenue account specific to each department. 4.4 Should the Summer Jobs Service program be available again in 2008 the Community Services Department plans to submit an application. on behalf of the Municipality at the appropriate time. Attachment#1 - Total Positions Applied for 2007 Attachment#2 - Summer Job Service Funding Summary 1003 CSD-016-07 Attachment#1 Summer Job Services Program — Clarington Positions Number Job Title Start date End Date # of Hours Salary. Of weeks per Hourly Positions week . Rate 6 Camp Supervisors 28/15/2007 31/08/207 13 40 $15.18 27 Camp Counsellors 03/07/2007 24/08/2007 9 40 $9.89 1 Skateboard 21/05/2007 02/09/2007 15 40 $15.18 Supervisor 1 Recreation 21/05/2007 31/08/07 15 40 $19.04 Programmer 1 Camp Lead 03/07/2007 24/08/2007 9 40 $10.99 2 Mobile Skateboard 21/05/2007 02/09/2007 14 24 $9.89 Staff 2 Clerical Support 06/2007 08/2007 12 35 $13.32 Summer Student 17 Outside Student 30/04/2007 31/08/207 17 40 $12.67 Labourers 1 Office Student- 30/04/2007 31/08/2007 17 35 $13.32 Operations 1 Student Tourism 30/04/2007 1/09/2007 17 35 $14.78 Officer 1 Network Support 05/2007 08/2007 15 35 $16.73 Technician 25 Lifeguards 11/06/2007 03/09/2007 12 40 13.11 4 Outdoor Pool 11/06/2007 03/09/2007 12 40 $8.94 Cashiers 4 Assistant 11/06/2007 03/09/2007 12 40 $9.89 Life uards/Instructors 1 Student Planner 01/05/2007 31/08/2007 18 35 $17.23 Totah 94 �ostions';request+e 1004 CSD-016-07 Attachment#2 2007 Summer Job Services ? � Job Title No. of No. of Hrs. per Total JHS positions weeks week hours Contribution Student Planner 1 10 30 300 $600 Summer Student Clerk— 1 12 30 360 $720 Operations Tourism Officer 1 12 30 360 $720 Camp Counsellors 12 9 30 3240 $6480 Camp Supervisors 3 12 30 1080 $2160 Recreation Programmer 1 12 30 360 $720 Camp Lead 1 .9 30 270 $540 Skateboard Supervisor 1 12 30 360 $720 Mobile Skateboard Staff 1 12 24 288 576 Network Support Tech. 1 12 30 360 '$720 Student Clerical Support 1 9 30 270 $540 Engineering Outside Student 7 12 30 2520 $5040 Labourers Lifeguard 11 10 30 3300 $6600 Pool Cashier 2 10 30 600 $1200 Lifeguard Instructors 2 10 30 600 $1200 Total 46 14,268 $28,536 hrs. Summary of Revenue by Department Community Services Department $20,196 Planning Department $600 Operations Department $5,760 Corporate Services $1,440 Engineering Department $540 1005 Clarinaton Leading the Way REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 22, 2007 Resolution #: Report#: CSD-018-07 File #: By-law#: Subject: TOTAL HOCKEY/ UOIT HOCKEY DAY IN CLARING TON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-018-07 be received for information. Submitted by: Reviewed by: J P. Caruana Franklin Wu it ctor of Community Services Chief Administrative Officer JPC/SM/SC/ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-5506 1006 REPORT NO.: CSD-018-07 PAGE 2 1.0 BACKGROUND 1.1 The University of Ontario Institute of Technology(UOIT) was proclaimed a university in 2002 and classes started in the fall of 2003. This year, the University is introducing a men's and women's varsity hockey program participating under the Ontario University Athletics (OUA) banner. 1.2 In August, Marlin Muylaert, Head Coach, UOIT Ridgeback Hockey and Ken Babcock, Athletic Director, UOIT approached the Municipality to discuss the possibility of Clarington hosting the first game of the UOIT Ridgebacks Men's Hockey Team . University staff felt that Clarington had a reputation as a solid hockey community with excellent, established hockey programs and was also the home of Total Hockey, a significant regional attraction. They felt it would be a terrific opportunity to introduce the community to an exciting brand of Canadian university hockey and develop a partnership with Total Hockey, while helping to promote UOIT as the University of Durham Region. 13 After consultation with local hockey organizations, the decision was made to move forward with discussions on hosting the first game of the UOIT Ridgebacks Men's Hockey Team. 2.0 COMMENTS 2.1 The date of the game was established as Sunday, September 23, versus the University of Ottawa Gee Gees. In return for hosting the game, UOIT agreed to: Host a Press Conference in the Peter Puck Theatre of Total Hockey, promoting the event and the partnership with the Municipality - Head Coach Marlin Muylaert will host a hockey clinic at Garnet B. Rickard Recreation Complex on a date to be determined - Promote the hockey package at UOIT/Durham College Include Mayor Abernethy and Peter Puck in a ceremonial face off prior to the game 2.2 In partnership with UOIT, the Bowmanville Eagles and Total Hockey, a "Hockey Day in Clarington" promotional package was developed. For$12.00 admission fee, spectators could experience a total hockey experience including all day access to Total Hockey, admission to the UOIT/Ottawa Gee Gees game at 2:00 pm and admission to the Bowmanville Eagles /Lindsay Muskies game at 6:30 pm. This package was promoted through the local hockey associations and through UOIT/Durham College. 1007 REPORT NO.: CSD-018-07 PAGE 3 2.3 On September 17th, UOIT hosted a press conference in the Peter Puck Theatre where they introduced their new women's and men's varsity hockey teams. The press conference was hosted by Rob Snoek, from CKDO radio and was very well attended. Over 150 members of the media and public jammed the Peter Puck Theatre to meet the latest hockey heroes. After the conference, the players tested their hockey skills in the interactive area of Total Hockey. 2.4 On September 23`d, Mayor Abernethy and Dr. Ronald Bordessa, President and Vice Chancellor, UOIT were joined by Hunter the Ridgeback and Peter Puck as they dropped the puck on the inaugural hockey game of the UOIT Ridgebacks. Over 200 fans enjoyed a very exciting hockey game as the Ridgebacks went on to defeat the Ottawa Gee Gees in a shoot out. 3.0 Comments 3.1 The partnership with UOIT was a good opportunity to promote the Municipality and Total Hockey to a new college and university community. Ken Babcock, Athletic Director, UOIT is interested in pursuing other partnerships in the future. The Garnet B. Rickard Recreation Complex may become home to an annual pre- season game for the Ridgebacks. In addition, we have the opportunity to access Coach Muylaert to conduct clinics for our local coaches or players. 1008 •' REPORT Leading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 22, 2007 Report#: CLD-033-07 File #: By-law#: Subject: ANIMAL SERVICES ADOPTION FEES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-033-07 be received; 2. THAT the Municipal Clerk and Deputy Clerk be authorized to reduce and/or waive adoption fees set out in Schedule A of By-law 2006-227; and 3. THAT By-law 2006-227 be amended to reflect this authority. Submitted by: ea—'r CMO Reviewed by: lin Wu, Municip Clerk 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-033-07 PAGE 2 BACKGROUND AND COMMENT The activities at the Clarington Animal Shelter are, for the most part, seasonal. The spring brings with it a variety of wildlife calls which last throughout the summer. As well, the spring is mating season which results in an increase of stray cats, many of which come into the shelter pregnant. Thus far in 2007, we had 24 litters of kittens all of which we cleaned,fed and adopted. With families being home during the summer months our calls for stray cats to be restrained and/or brought into the Shelter rapidly increase, but for many of the calls, because we are "full", our protocol is to record the name and address of the caller on our waiting list and when a cage becomes available (primarily through adoptions)we make arrangements to respond to those persons on the waiting list. This is a most frustrating process for both the resident and the staff although we believe that it is far more humane than the alternative of euthanizing the animals in order to free up a cage. Section 9.3 of our Responsible Pet Owner By-law, By-law 2006-227, requires a person adopting an animal from the Clarington Animal Shelter to pay the appropriate adoption fees as set forth in Schedule A of the By-law. Adoption fees are $85.00 for dogs and $120.00 for cats. Note, on a monthly basis cats are transported to PetSmart in Whitby to be promoted for adoption and on occasion we also place cats at Pet Value in Bowmanville. Cats adopted during their stay at PetSmart or Pet Value are adopted for$85.00. At various times throughout the year, we often find that some animals are simply not adopted and remain in the Shelter for an extended period of time. Our statistics indicate that the average length of stay per animal at our Shelter is as follows: Cats Dogs 2006 Average stay- 62 days 2006 Average Stay- 11 days Range from 1 day -+ 370 days Range from 1 day -+ 85 days 2007 Average stay-46 days 2007 Average stay- 8 days (to date) Range from 1 day —+ 209 days (to date) Range from 1 day —� 39 days 1102 REPORT NO.: CLD-033-07 PAGE 3 The daily cost to maintain an animal is very difficult to estimate due to fluctuating health and care needs. However, on average, two animal services officer each spend between three to five hours daily for basic cleaning and feeding. Our goal is to minimize the length of stay for the well-being of the animal, to minimize sheltering costs, and to better accommodate the needs of our community. Research indicates there is no one single approach to accelerating the adoption/placement process; but rather a combination of options certainly has proven to help. Staff are currently working on establishing a protocol for assessing cats for adoptability and staff are also investigating the approach to "group housing" for cats. We are confident that the new protocol combined with group housing will assist in reducing the length of stay at the Shelter for some animals. In addition to these,new practices, we believe that reducing the adoption fees now and again and putting the cat "on sale" will assist in promoting the adoption of some of the animals. Our current By-law does not provide for any flexibility in adoption rates. Staff are requesting Council to grant the Municipal Clerk and Deputy Clerk the authority to reduce the adoption fees, as deemed appropriate, to assist in promoting the adoption of any animal (cat or dog) that is suitable for adoption but where such animal has remained in the shelter for an extended period of time. Attachment#1 Draft By-law Interested parties to be advised of Council's decision: Ms. Liz White, Animal Alliance of Canada Animal Advisory Committee 1103 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007-??? Being a By-law to amend By-law 2006-227, a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein. WHEREAS Section 103 of the Municipal Act confers the power upon a municipality to pass a by-law to provide for the seizure and impounding of animals being at large or trespassing and the sale of impounded animals under certain conditions; AND WHEREAS Section 391 of the Municipal Act authorizes the municipality to pass by-laws imposing fees or charges on any class of Persons for services or activities provided or done by or on behalf of it; AND WHEREAS Section 396 of the Municipal Act provides that a by-law passed under Section 391 may provide for fees and charges that vary on any basis the municipality considers appropriate and specifies in the by-law, and for different classes of Persons and deal with each class in a different way; AND WHEREAS the Municipality of Clarington recognizes that often animals deemed suitable for adoption remain in the Shelter for extended periods of time awaiting adoption; AND WHEREAS it is not desirable to house an animal in a caged environment for an extended period of time; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT By-law 2006-277 be amended to add the following section: "9.6 Notwithstanding Section 9.3, where an animal that this suitable for adoption has been kept in the Shelter for an extended period of time, or when otherwise deemed appropriate, the Municipal Clerk or the Deputy Clerk may reduce the adoption fees as set forth in Schedule A for the purpose of promoting adoption of an animal." By-Law read a first time this day of October 2007. By-Law read a second time this day of October 2007. By-Law read a third time and finally passed this day of October 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1104 Ms. Liz White Animal Advisory Committee Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, ON M4M 2G3 1105 a Energising Ontario REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 22, 2007 Resolution #: Report #: FND-019-07 File #: By-law #: Subject: PRE-AUTHORIZED PAYMENT PLAN (PAP) FOR TAXES Recommendations: It is respectfully recommended that the General Purpose and Administration'Committee recommend to Council the following: 1. THAT Report FND-019-07 be received; and 2. THAT the attached by-law repeal and replace By-Law 96-50 be recommended to Council for enactment. i' Submitted by: Reviewed by: Nancy Tay r, ..B. , C.A., m W u, Director o Finance/Treasurer Chief Administrative Officer. NT/hjl 1301 REPORT NO.: FND-019-07 PAGE 2 BACKGROUND: 1.0 A pre-authorized payment plan has been offered to our taxpayers since 1996. Taxes are calculated and spread over a period of twelve monthly payments to ease the burden on the taxpayer. The amount is automatically deducted from their bank account on the first day of the month. The municipality benefits by reduced processing of cheque payments and a secured monthly payment stream that balances cash flow. The deductions start in December of the year prior in order to offset loss of interest revenue that would otherwise occur if the program commenced at the normal February instalment and allowed taxpayers to defer well beyond the normal September instalment. 1.1 It has been many,years since our original by-law was passed so the changes outlined in the attached amending by-law are mainly housekeeping items with the exception of bringing online the new home section. PROVISIONS FOR NEW RESIDENTIAL CONSTRUCTION: 2.0 Being in a high growth area our taxpayers may experience a delay in receiving their assessments on their new residential constructions for up to three years. To ease the financial burden and with the understanding that all taxes, including the current year will be paid in full by the end of the following PAP cycle, after they receive their tax bills,we will allow these taxpayers to join our PAP plan, whereby taxes will be paid in full by the end of the next year's PAP cycle. CONCLUSION: 3.0 It is recommended that Council repeal By-law#96-50 and replace it with the new attached by-law. Attachment: Attachment "A" By-law to repeal and replace By-law#96-50 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1302 Attachment"A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2007- Being a by-law to repeal By-Law#96-50 and Being a by-law to authorize the establishment of an Optional Pre-Authorized Payment Plan for Taxes and an Employee Payroll Deduction for Tax Payments WHEREAS pursuant to Section 342 & 345(10) of the Municipal Act, 2001, Chapter M-45, the Municipality is empowered to provide for the payment of realty taxes by installments and is further empowered to invoke penalties and discounts; AND WHEREAS the Municipality is further empowered to direct that such monies be paid by the person charged with payment into banks as authorized by the said section of the Municipal Act; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT a pre-authorized payment plan for taxes be approved with the following conditions: 1) In this By-Law, PRE-AUTHORIZED PAYMENT PLAN means the pre- authorized monthly withdrawal of the taxes from the taxpayer's financial institution through electronic funds transfer. 2) Residential, industrial and commercial realty taxpayers of the Corporation of the Municipality of Clarington may enroll in an optional Pre-Authorized Payment Plan to provide for the payment of realty taxes, and other charges collected in a like manner as taxes, in monthly payments in any year. The payments will be made by pre-authorized withdrawal from the taxpayer's financial institution. 3) The Pre-Authorized payment Plan commenced on December 1, 1996. 4) Payments made under the Plan for 1997 were divided into twelve(12) payments. The first payment was withdrawn on December 1, 1996 and on the first day of each subsequent month until November 1, 1997. This will automatically continue for subsequent tax years unless otherwise notified by the taxpayer in writing. 5) If the taxpayer makes all payments as required by the Plan, no penalty or interest will be levied. 1303 6) Continued enrolment in the Pre-Authorized Payment Plan may be revoked by the Director of Finance/Treasurer,if more than two (2)monthly payments fails to be honoured. If a taxpayer defaults on more than two (2)payments, the Director of Finance/Treasurer may cancel the privilege of any defaulting taxpayer to participate in the Pre-Authorized Payment Plan for one(1) year. Tax accounts disqualified from the program, shall revert to the regular installment billing system and be subject to penalty and interest in accordance with Municipal By-Laws. 7) A withdrawal request not honoured at the bank(ie. not sufficient funds or NSF or stop payment)will be subject to a service charge. The next payment will automatically be increased to include the dishonoured amount plus the service charge. 8) At the option of the taxpayer for new homes,that are not fully assessed,taxes will be estimated by the tax division. Monthly amounts will be applied until supplementary/omit assessment rolls are received from MPAC. Adjustments will then be made to clear taxes by end of next year's PAP cycle. 9) Taxpayers receiving supplementary/omit tax bills for new residential constructions may join the PAP plan at a monthly amount determined by the. tax division based on supplementary/omit bills issued and the current year's taxes that will result in all taxes being current by the end of the next PAP cycle. 2. THAT effective the 1996 taxation year, employees were permitted to make realty tax payments via payroll deduction,based on the number of pay periods over a calendar year and subject to the above applicable clauses. 3. THAT By-law#96-50 be repealed. 4. THAT the provisions of this by-law will be implemented for the November 1, 2007 payment cycle. By-Law read a first and second time this 29th day of October 2007. By-Law read a third time and finally passed this 29th day of October 2007. Jim Abernethy,Mayor Patti L. Barrie, Municipal Clerk 1304 te��Rg�he Way REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, OCTOBER 22, 2007 Resolution #: Report#: FND-020-07 File #: By-law#: Subject: LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES Recommendations: It is respectfully recommended that the General Purpose and Administration'Committee recommend to Council the following: 1. THAT Report FND-020-07 be received; and 2. THAT the attached list of applications for cancellation, reduction, apportionments or refund of taxes be approved. f Submitted by: n Reviewed b Nancy M. T ylor, b.p.,., A. ranklin Wu Director of Finance Chief Administrative Officer NMT/MWF/MAM/cd 1305 REPORT NO.: FND-020-07 PAGE 2 . BACKGROUND Pursuant to Sections 354, 356, 357 and 358 of the Municipal Act, 2001, C25, a list of applications for cancellation, reduction, apportionments or refund of taxes is presented to Committee for its review and approval. Section 357(3 & 4) indicates that the Council shall hear and dispose of every application not later than the 30th day of April in the year following the year in respect of which the application is made. The last day for making application for the previous year's tax reduction is the 28th day of February in the following year. More specifically, under Section 354, the Treasurer shall recommend to Council that outstanding taxes be stricken from the roll. To strike taxes from the roll it must be by reason of a decision under Section 357 or 358, or of a decision of a judge of any court or that the taxes are uncollectible. An application for a cancellation, reduction or refund may be made for one of the following reasons: • Ceased to be liable to be taxed at rate it was; • real property becomes exempt; • razed by fire, demolition or otherwise; • damaged by fire, demolition or otherwise (substantially unusable) • removal of a mobile unit; • sickness or extreme poverty; • gross or manifest clerical error; and • repairs/renovations preventing normal use of period of 3 months. The 357 and the 358 process begins when an application is prepared by either the Regional Assessment Office or the Tax Department. The neighbourhood assessor will perform an on-site inspection of the property. The assessor will verify the reason for the application, the period of time, for which the tax relief is claimed, and the amount and type of assessment that is affected. The application is then sent back to the Tax Department where the actual tax adjustment is calculated and the taxpayer's account adjusted. 1306 REPORT NO.: FND-020-07 PAGE 3 Section 356, deals with severances or divisions into parcels. These parcels of land were taxed in blocks in the year(s) prior to severance/consolidation. Taxes are being apportioned to the individual properties which are now severed/consolidated. Therefore, tax amounts are removed from one roll number and applied to another roll number as determined by MPAC. The total amount of taxes to be written off, for January 1 to August 31 2007, as shown in this report total $26,459.91. Attachment: Attachment "A° -Write-Off Report Jan. 1 to Aug. 31, 2007. 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I know that Mayor Abernethy says he is undecided and that he wants to go through all the process. That's nonsense, Mayor Abernethy by his actions seems to favour having the incinerator in Clarington. He says he hasn't made up his mind, yet he goes around to service clubs and private functions showing the European incinerator infomercials. Also, on Roger's TV he was supporting the Regions position. I have never heard him talk about the cons of incineration. At the Regional level, concerns raised by the Clarington staff and peer review are not brought forward to be addressed. The people of East Gwillimbury don't share that view and by there actions we can probably assume the same for York Region. Recently, I saw all or at least most of you at the recent public information meetings where the consultants reviewed their recommendations for a preferred sight. At that meeting you heard Clarington residents voicing their concerns and opposition to this project. Along with concerns about health they expressed fear of a negative effect on property values, increased taxes, loss of lakefront and the perception people from outside would have of Clarington, etc. etc.. Also, as most of you know, we had a little table in front of the CIBC building at the recent Applefest. We had no idea of what to expect. It was surprising to me the number of people who took the time to stop and sign a petition opposing the incinerator. It was interesting to see that perhaps a majority of these people were young with small children or pushing baby carriages. It was nice to see teenagers also saying no to the incinerator because they realize the negative effect on health and green house gases. Let's talk about the consultants report and their selection of Clarington 01 as the preferred site. I hope you have read the report. I did and I couldn't believe how subjective and weak their analysis was. I look forward to Mr. Rowe's report. I came across one error the other day. In their analysis of capital costs they assigned a cost of $0 to the cost of property for Clarington 01 and East Gwillimbury. They ignored the value of the land because the regions own it. In Economics 101 you learn that this is an opportunity cost and the value of the property is relevant to this type of decision. I could go on and on. Another problem is the lack of transparency. For example, what's going to happen with the bottom ash. Dr. Jefferson said it best when she said to the consultants, "It's not what you say that bothers me; it's what you don't say." Now let's get back to the "willing host" decision. I would like to suggest that you have a win/win situation here. From a selfish point of view as far as your political careers are concerned, the people of Clarington have demonstrated they don't want an incinerator. Secondly, and more importantly, it's the right thing to do. By saying no to an incinerator you are addressing the serious health concerns, green house gas emissions, cost issues and the potential negative economic effects on your community. Do you remember the four fact sheets we gave you last spring? These sheets are supported by the David Suzuki Foundation, Sierra Legal, Great Lakes United and others. You might want to review them to reassure yourself that saying no to the incinerator is the right thing to do. What have you got to loose. Despite what the Region might say, they can't ignore you completely. I hope and my colleagues hope that this could be the beginning of the end for this approach to dealing with the Region's waste. Even if that is not the case you are in a better position to insist on things like limiting the size of the facility and dealing with Durham's waste only, making sure that the most up-to-date monitoring equipment is used and the best available technology is in place. From a timing point of view, maybe you should wait for Mr. Rowe's report. Hopefully it will give you even more reasons to saying no to being a willing host. The whole world is talking about how we need to look after our environment by reducing green house gases, conserving energy, reducing, reusing, recycling etc. Building an incinerator will do the opposite. Does that make sense? Do the right thing and do it soon. Barry Bracken 905-985-2186