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HomeMy WebLinkAbout04/22/2003 . THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee ROLL CALL Present Were Also Present: . April 22, 2003 Minutes of a meeting of the General Purpose and Administration Committee held on Tuesday, April 22, 2003 at 7:00 p.m., in the Council Chambers. Mayor J. Mutton Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor J. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Deputy Clerk, M. Knight Stanley Clerk 11, D. MacKay Mayor Mutton chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST MINUTES . There were no disclosures of pecuniary interest stated at this meeting. Resolution #GPA-175-03 Moved by Councillor Trim, seconded by Councillor Schell THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on April 7, 2003 be approved. "CARRIED" 301 . . . G.P. & A. Minutes MINUTES CONTD. PRESENTATION DELEGATIONS - 2- April 22, 2003 Resolution #GPA-176-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the minutes of a special meeting of the General Purpose and Administration Committee held on April 14, 2003 be approved. "CARRIED" Mayor Mutton presented Rachel Piontek and Jeri Patterson, Student Pages, with a certificate for participating in the Page Program. (a) Leroy Corkum, Pastor, 3740 Skelding Road, Orono, LOB 1 MO presented a framed print of a scene at Algonquin Park by Tom T. Thompson from the Congregations of Clarington to the Mayor and Members of Council. (a) H. F. Grander, H. F. Grander Company Ltd., P.O. Box 616, Port Perry, L9L 1A6 circulated a letter and expressed the following comments in regards to Committee of Adjustment Application A2003/005 addressed in Report PSD-041-03. Mr. Grander expressed that it had been fifteen years since the rental units were constructed and no one has had an issue to date. He concurs with the decision made by the Committee of Adjustment, that the variance meets the Official Plan and the intent of the Zoning By-law, is minor in nature, and does not have a detrimental impact on the neighbourhood. He requested that Council not appeal the decision to the Ontario Municipal Board. (b) Jeff Brooks, Chair, Clarington Museum Board, 4 Sagewood Avenue, L 1 E 2G1 addressed Members of Council on behalf of the Museum Board and advised that they concur with the recommendations contained in Report CSD-08-03. Mr. Brooks stated the location will provide benefits to the museum and community at large in regards to consolidation of museum archives, showcase and storage uses in a secure and climate controlled environment. 302 G.P. & A. Minutes . PUBLIC MEETING . . - 3 - April 22,2003 Councillor Schell chaired this portion of the meeting. Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following application: (a) Official Plan Amendment and Rezoning Application Applicant: West Diamond Properties Inc. & Players Business Park Limited The Planning Services Department sent public notice for the rezoning and official plan amendment applications by first class mail on or before April 2, 2003 to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. A public notice was also posted on the property in question and in the newspaper. The notice procedure followed is in compliance with Ontario Regulations made under the Planning Act. (a) Report PSD-040-03 - West Diamond Properties Inc. & Players Business Park Limited - the purpose and effect of the Official Plan Amendment and rezoning application is to: . Re-designate the subject lands from "Highway Commercial - Special Policy Area "H": West Bowmanville Gateway" and "Urban Residential" to "Main Central Area: Retail Commercial"; . Increase the total permitted retail commercial development in the West Main Central Area from 40,000 m2 to 73,070 m2 ; . Delete the retail commercial development thresholds which links retail development to population growth; . Allow up to 33,070 m2 of retail commercial development on the subject lands; . Delete the collector road extension of Boswell Drive within the subject lands; and . Delete the collector road extension of Uptown Avenue west of Green Road. 303 G.P. & A. Minutes - 4- April 22,2003 . PUBLIC MEETING CONTD. Ray Whelan, 42 Ivory Court, Bowmanville, L 1 C 5C1 addressed Council regarding his objection to this application. He stated his neighbours at 40 and 44 Ivory Court did not receive a notice of this application. Mr. Whelan is a new resident to Clarington and has a problem crossing Highway 2 now because of the traffic. He suggests traffic lights should be installed at Green and Boswell Road and the speed limit dropped to 60 km/hr. Mr. Whelan would like to see indirect lighting installed if this proposal is accepted. He feels it is too much too soon for the area. There is currently adequate facilities in North Oshawa and feels a major oversized retail development near Loblaws could duplicate stores which are not needed. Mr. Whelan also feels with the noise and dust from construction, he will not be able to use his backyard for over a year. . Debbie Clarke, Valiant Property Management, 177 Nonquon Road, 20th Floor, Oshawa, L 1G 3S2 along with Bryce Jordan, Semas Associates, 110 Scotia Court, Unit 41, Whitby, L 1 N 8Y? expressed concems with this application if developed before property owned by Valiant. A letter from Sernas Associates was circulated prior to the meeting. Mr. Jordan stated Valiant owns two land parcels in Clarington which are already designated for retail commercial development and have the potential to be adversely affected by this application. The first parcel is at King Street and Trulls Road, the second parcel is at the northeast corner of King Street and Green Road, across from the subject property. Applications have been submitted for a first phase of 70,000 square feet on this site, which they are confident the market would permit today without adverse impact on Downtown Bowmanville. Valiant has had serious interest from three major users for this site and has resulted in a decision by Valiant to amend its application to permit 200,000 square feet of retail development over all of this commercial property. The two main concerns with the subject application are as follows: . 1) In terms of market, Valiant Property Management will be opposed to any approvals to the subject application which will delay the timely development of either of its two sites, which have been designated in the Official Plan in order to properly serve the populations of Courtice and Bowmanville as they grow over time; and 304 G.P. & A. Minutes -5- Apri122,2003 . PUBLIC MEETING CONTO. 2) In terms of staging, Valiant Property Management will be opposed to any approvals to the subject application which will result in development for commercial uses on the subject lands (I.e. lands that are not currently designated for retail commercial) in advance of its lands (I.e. lands that are designated retail commercial, which abut existing commercial development and are within the Bowmanville West Main Central Area). . Ron Hooper, Chairman, Bowmanville BIA, 39 King Street West, Bowmanville, L 1 C 1 R2 addressed Council on behalf of the concerned merchants of downtown Bowmanville. While Mr. Hooper expressed they have worked very hard over the years to attract shoppers to the historic downtown, he wonders just how much retail commercial space our growing population can sustain even though Clarington is among the fastest growing community in Ontario. His position is that new additional retail commercial space be approved only when there is sufficient population to sustain the downtown businesses as well. Evylin Stroud, 89 Little Avenue, Bowmanville, L1C 1J9 addressed Committee with concerns over this application. Ms. Stroud is very wary of deleting any road at this time. Roads should be put in when development is put in. Secondly, she has a concern over handicap parking which is less than adequate and not enough parking spaces. George Van Dyk, 19 Scugog Street, Bowmanville, L1C 3H7 addressed Committee and voiced his objection to this application. As an owner of property in downtown Bowmanville, Mr. Van Oyk feels this application is premature for Clarington. He feels the community will suffer a great deal because the population cannot support the additional commercial space at this time. . Peter Gjaltema, 2098 Green Road, Bowmanville, L 1 C 3K7 expressed his opposition to this application. Mr. Gjaltema resides on the north west side of Green Road behind the proposed development and stated when he purchased the property 4 years ago, the surrounding orchard area was zoned as residential. Mr. Gjaltema concurs with all the concerns of previous speakers and feels this application is premature at this time. He feels that having a large commercial building next to him will decrease the value of his home. He is also concerned about the noise, traffic and the effect the construction will have on his well. 305 G.P. & A. Minutes - 6 - April 22, 2003 . PUBLIC MEETING CONT'D. Lawrence Hellinga, 20 Martin Road, Bowmanville, L 1 C 3K7 is a former member of the Bowmanville Chamber of Commerce and addressed committee with concems over this development. Mr. Hellinga feels the population will not sustain a development of this size, ''too soon and too big". No one spoke in favour of this application. Peter Smith, Bousfield, Dale-Harris, Cutler & Smith Inc., 3 Church Street, Suite 200, Toronto, M5E 1M2 addressed Committee on behalf of the applicant. Mr. Smith stated the concerns of the previous speakers would be addressed and was present to answer questions from the Committee. Resolution #GPA-177-03 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Committee recess for five minutes. . "CARRIED" The meeting reconvened at 8:35 p.m. PLANNING SERVICES DEPARTMENT Official Plan Amendment and Rezoning Appl. Applicant: West Diamond Prop. Inc. THAT Report PSD-040-03 be received; & Players Bus. Park Limited Resolution #GPA-178-03 Moved by Councillor Trim, seconded by Councillor Rowe THAT the development applications submitted by Bousfield, Dale- Harris, Cutler & Smith Inc., on behalf of West Diamond Properties Inc. and Players Business Park Limited, be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and THAT all interested parties listed in Report PSD-040-03 and any delegations be advised of Council's decision. "CARRIED" . 306 . . . G.P. & A. Minutes - 7- April 22, 2003 PLANNING SERVICES DEPARTMENT CONTD. Committee of Resolution #GPA-179-03 Adjustment for the Meeting of Moved by Councillor Robinson, seconded by Councillor MacArthur April,2003 THAT Report PSD-041-03 be received; THAT Council concur with decisions of the Committee of Adjustment made on April 10, 2003 for applications A2003/006, A2003/007 and A2003/008 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT the decision of the Committee of Adjustment approving application A2003/005 be appealed to the Ontario Municipal Board and that Staff be authorized to appear before the Ontario Municipal Board to defend this position. "CARRIED" Oak Ridges Resolution #GPA-180-03 Moraine Conservations Moved by Councillor Rowe, seconded by Councillor Trim Plan Conformity Amendment Status THAT Report PSD-043-03 be received for information; Report Application for Removal of Part Lot Control Applicant: Orchard Park Estates (Bowmanville) Inc. THAT the Regional Municipality of Durham Planning Department, Central Lake Ontario Conservation Authority and Ganaraska Region Conservation Authority be forwarded a copy of Report PSD-043-03 and advised of Council's decision; and THAT all interested parties be advised of Council's decision. "CARRIED" Resolution #GPA-181-03 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Report PSD-044-03 be received; THAT the request for Removal of Part Lot Control with respect to Block 113 on Plan 40M-2066 be approved and that the Part Lot Control By-law attached to Report PSD-044-03 be passed pursuant to Section 50 (7.1) of the Planning Act; and 307 . . . G.P. & A. Minutes -8- April 22, 2003 PLANNING SERVICES DEPARTMENT CONTD. Removal of Holding Symbol North Edward St. Applicant: G. Genge of D. G. Biddle & Assoc. Ltd. THAT all interested parties listed in Report PSD-044-03 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-182-03 Moved by Councillor Trim, seconded by Mayor Mutton THAT Report PSD-047-03 be received; THAT the application submitted by 1319164 Ontario Limited to remove the "Holding (H)" symbol be approved; THAT the by-law to remove the "Holding (H)" symbol, attached to Report PSD-048-03 be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-047-03 and any delegations be advised of Council's decision. "CARRIED" Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT 'Certificate of Resolution #GPA-183-03 Acceptance' and 'Assumption Moved by Councillor Rowe, seconded by Councillor Schell By-law' THAT Report EGD-06-03 be received; 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-1982; and THAT Council approve the by-law attached to Report EGD-06-03, assuming a certain street within Plan 40M-1982, as public highway. "CARRIED" 308 . . . G.P. & A. Minutes -9- April 22, 2003 ENGINEERING SERVICES DEPARTMENT CONTD. 'Certificate of Resolution #GPA-184-03 Acceptance' and 'Assumption Moved by Councillor Schell, seconded by Councillor Pingle By-laws' THAT Report EGD-07-03 be received; 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-1903; and THAT Council approve the by-laws attached to Report EGD-07-03, assuming certain streets within Plan 40M-1903, and within adjacent Plan 10M-800, as public highways. "CARRIED" Monthly Report Resolution #GPA-185-03 On Building Permit Activity Moved by Councillor Robinson, seconded by Councillor Trim For March, 2003 THAT Report EGD-14-03 be received for information. "CARRIED" OPERATIONS DEPARTMENT There were no items considered under this section of the agenda. EMERGENCY SERVICES DEPARTMENT There were no items considered under this section of the agenda. Councillor Rowe chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT Clarington Public Library Tenants Resolution #GPA-186-03 Moved by Councillor Pingle, seconded by Councillor Trim THAT Report CSD-08-03 be received; THAT Council approve the lower level space of the former Library Building for use by the Clarington Museum Board; 309 . . . G.P. & A. Minutes - 10- April 22, 2003 COMMUNITY SERVICES DEPARTMENT CONT'D. Sports Alliance of Ontario THAT prior to utilizing the lower level space, the Clarington Museum Board demonstrate to Council that use of the space by the Clarington Museum Board will not result in additional municipal funding; THAT the appropriate By-law be forwarded to Council for their approval; and THAT the Clarington Museum Board be advised of action taken. "CARRIED" Resolution #GPA-187-03 Moved by Councillor Robinson, seconded by Mayor Mutton THAT Report CSD-09-03 be received; THAT Report CSD-09-03 nominating the Orono Athletic Association for the Sport Alliance of Ontario Community Sport for All Award be approved; and THAT the Orono Athletic Association be forwarded a copy of Report CSD-09-03 and advised of the action taken, FORTHWITH. "CARRIED" Councillor Pingle chaired this portion of the meeting. CLERK'S DEPARTMENT Animal Services Resolution #GPA-188-03 Monthly Report For the Month of Moved by Councillor Schell, seconded by Councillor Robinson March, 2003 THAT Report CLD-17-03 be received for information; and THAT a copy of Report CLD-17 -03 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" 310 . . . G.P. & A. Minutes - 11 - April 22, 2003 CLERK'S DEPARTMENT CONTD. Mosport Park - 2003 Racing Season Resolution #GPA-189-03 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Report ClD-018-03 be received; THAT Mosport Park be exempted from Section 2, (h) of By-law 78-50, as amended, for the upcoming 2003 racing season; and THAT Mosport Park be advised of Council's decision. "CARRIED AS AMENDED lATER IN THE MEETING" (SEE FOllOWING AMENDING MOTION) Resolution #GPA-190-03 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT the foregoing Resolution #GPA-189-03 be amended by deleting the second paragraph and replacing it with the following: 'WHEREAS Mosport Park has been operating within the Municipality of Clarington since 1961; AND WHEREAS Mosport Park is a large supporter of community events within the Municipality of Clarington; AND WHEREAS Mosport Park employs many municipal residents and provides customers for many local businesses through events held at their facility; AND WHEREAS, in response to concerns of local residents, the Municipality of Clarington passed by- laws setting maximum levels of audible sound at monitoring locations around Mosport Park; AND WHEREAS the by-laws were passed in 1997, initially in response to concerns that were brought forward stemming from the Edenfest concert; AND WHEREAS Mosport Park is unable to continue its racing activities if required to meet the restrictions outlined in these various by-laws; and 311 . . . G.P. & A. Minutes - 12 - April 22,2003 CLERK'S DEPARTMENT CONTD. NOW THEREFORE BE IT RESOLVED THAT municipal staff be directed to prepare a by-law to repeal the by-laws relating to the setting of sound levels related to racing activities at Mosport Park." "CARRIED" The foregoing Resolution #GPA-189-03 was then put to a vote and CARRIED AS AMENDED. Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT RFP2003-3, Resolution #GPA-191-03 Bowmanville King St. E. Corridor Moved by Councillor Schell, seconded by Councillor Rowe Study RFP2003-2, Hotel Accommodation Study THAT Report COD-11-03 be received; THAT Urban Strategies Inc., Toronto, Ontario with a total bid in the amount of $81 ,613.00 (including GST and disbursements), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP 2003-3, be awarded the contract for the consulting services for the Bowmanville King Street East Corridor Study, as required by the Planning Services Department; THAT the growth-related development charge share of the Study, being $30,156 be drawn from the General Government Development Charges Reserve Fund Account #1110-00188-X;and THAT the non-development charge portion of the funding be drawn in the amount of $30,000 from Planning Service Consulting Account #7702-X-247 and $21,457 from the Working Funds Reserve Account #290Q-1-X. "CARRIED" Resolution #GPA-192-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report COD-12-03 be received; 312 . . . G.P. & A. Minutes - 13- April 22, 2003 CORPORATE SERVICES DEPARTMENT CONTD. THAT Pannell Kerr Forester Consulting Inc., Toronto, Ontario with a total bid in the amount of $26,536.00 (including GST and disbursements), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP 2003-2, be awarded the contract for the consulting services for the Hotel Accommodation Study, as required by the Chief Administrative Officer; THAT the contract award be subject to receipt of funding from various sources, including the Rural Economic Development Program of the Ontario Ministry of Agriculture, Food and Rural Affairs; THAT the total funds required be drawn from the Industrial Economic Development Reserve Fund Account #11 0-163-X; and THAT the By-law, marked Schedule "B" attached to Report COD-12-03 authorizing the Mayor and Clerk to execute the agreement be approved. "CARRIED" FINANCE DEPARTMENT Great Lakes Wetland Centre Project Resolution #GPA-193-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report FND-011-03 be received; THAT the request from Mr. Chris Conti for a grant of $50,000 to be payable over several years to the Great Lakes Wetland Centre be denied; THAT Mr. Conti be thanked for his delegation to Council; THAT staff discuss with the Friends of the Second Marsh and report back on the feasibility of the Municipality granting them an interest free loan; and THAT Mr. Conti be advised of the Municipal Grant process for future years. "CARRIED" 31 3 . . . G.P. & A. Minutes - 14- April 22,2003 CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no items considered under this section of the agenda. UNFINISHED BUSINESS OTHER BUSINESS ADJOURNMENT Resolution #GPA-194-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Pastor Leroy Corkum be thanked for his presentation. "CARRIED" There were no items considered under this section of the agenda. Resolution #GPA-195-03 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT the meeting adjourn at 9:00 p.m. "CARRIED" MAYOR ~~ . DEpUTY ~RK 3\4