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HomeMy WebLinkAbout06/02/2003 , . THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee June 2, 2003 ROLL CALL Present Were Also Present: . Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 2, 2003 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson CouncillorJ.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 Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Divisional Fire Chief, G. Weir Deputy Clerk, M. Knight Stanley Clerk 11, D. MacKay Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST MINUTES . There were no disclosures of pecuniary interest stated at this meeting. Resolution #GPA-237-03 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on May 20, 2003 be approved. "CARRIED" 301 G.P. & A. Minutes . DELEGATIONS . . -2- June 2, 2003 Mayor Mutton presented Andrea Oudyk and Ashleigh Vaughan-Evans, Student Pages, with a certificate for participating in the Page Program. Resolution #GPA-238-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Joanne Wells-Oates, 56 King Street, Port Hope, L 1A 2R5 be added to the list of delegations. "CARRIED" Mayor Mutton advised Committee that the trip to Ottawa regarding Iter was a success. Alan Tonks has been very vocal with GTA concerns. Resolution #GPA-239-03 Moved by Councillor Schell, seconded by Councillor Trim THAT added time be given to the delegation of Jean-Michel Komarnicki. "CARRIED" (a) Jean-Michel Komarnicki, Chair, Committee of Adjustment, 89 Little Avenue, Bowmanville, L 1C 1J9 distributed a handout and requested that the following issues be considered during the review of the zoning by-law: . Lot coverage by new buildings . The relationship of lot size and size of accessory buildings . Small garden or storage sheds on urban lots . Definition of decks . Standardizing the calculation of measurements for setbacks . Disclosure of minor variances to subsequent owners . Follow-up and enforcement of the committee's decisions . Repeated or 'frivolous' applications for a minor variance . Comments from the various municipal; and Departments on the applications 302 G.P. & A. Minutes -3- June 2, 2003 . DELEGATIONS CONT'D. The Committee of Adjustment also recommended that Staff be requested to review and report to Council, or the Committee to set a higher fee for a second or further application requesting essentially the same variance, after the Committee had either denied or approved the original application with some conditions. In closing, Mr. Komarnicki thanked Staff for their exceptional work and assistance. He requested that Staff review their comments and recommendations and report back to Council. (b) Norman Gyaltson on behalf of Tenzin Gyaltson, Newcastle IGA, 131 King Street East, Newcastle, L 1 B 1 H3 addressed Committee with respect to Report PLD-061-03 and advised that he is working with a firm and will be submitting an application to committee within 6 months. . (c) Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1 addressed Committee with respect to Report PSD-061-03 and circulated a copy of her presentation wherein she requested that Council approve the disposition of the Kingsberry Properties application as recommended by the Planning Department. Ms. Racansky hopes that, if this application reappears in the future, the same requirement, a comprehensive watershed study, will be required for the sake of the protection of this fragile and sensitive watershed. She requested a short report from the Planning Department about disposition of this application and outline the reasons therefore. Kingsberry Properties include Welch, Kranzl and Foley's lands. She would appreciate receiving an explanation why the whole application represented at the OMB as Kingsberry Properties is not being disposed of. . She also stated that Tonno's Properties include Witzske and Devesceri lands. A mutual agreement was signed by the landowners, government and her family that the comprehensive watershed study is required prior to any development of this area. No progress, not even in finding funds for this study, was ever made by these owners. She states, these two areas should be treated the same way as Foley's property is being treated now. 303 G.P. & A. Minutes - 4- June 2, 2003 . DELEGATIONS CONT'D. These applications should be disposed of at the same time. Ms. Racansky is requesting documentation regarding the closing of Tonno's properties' application. She requested conclusions about these applications in writing for future references in order to protect the rest of the watershed. (d) Glenn Genge, D. G. Biddle & Assoc., 96 King Street East, Oshawa, L 1 H 1 B6 addressed Committee on behalf of his clients with respect to Report PSD-061-03 and asked that the following applications be referred back to Staff: Schleiss & Holland -18T-66-68 Kingsberry Properties - Dev. 90-011 - 18T-88057 Wallis & Colboot -18T-85025. . (e) Ayub Aulat on behalf of Yusuf Moolla, U3 - 564 Montcalm Avenue, Oshawa, L 1J 2H1 addressed Committee for clarification of Paragraph 8.3 of Report PSD-062-03 regarding contaminated sites. He requested that a contamination study be done on the property before approval of any application. He asked that approval not be granted for this application as it is now. He also requested some compassion be given to small business. Mr. Aulat suggested there was not enough time to review the report before the Committee and also that Shell Canada does not need a carwash. (f) Robert Dragicevic, Walker, Nott, Dragicevic Associates Ltd., 172 St. George Street, Toronto, M5R 2M7 thanked Members of Committee for the opportunity to respond to the recommendations in Report PSD-062-03. His objective is to support staff recommendations and approval of the zoning by-law. A Contamination Report will be dealt with through the site plan process. The owner has an obligation to clean the property and Shell Canada has a lot of experience for reusing sites. The applicant is committed to deal with all issues. A public meeting was held sometime ago, and comments have been taken into consideration. . (g) Barry Jones, 76 Baldwin Street, Newcastle, L1B 1H1 was present to answer questions regarding the application of Report PSD-065-03. 304 G.P. & A. Minutes -5- June 2, 2003 . DELEGATIONS CONT'D. (h) Shirley Crago, 255 Osbourne Road, Courtice, L 1 E 2R3 advised prior to the meeting that she would not be in attendance. (i) Edward Wallis, 1664 Simcoe Street N. Oshawa, L1G 4X9 concurred with Mr. Genge's comments regarding Application for Development 18T -5025. U) Joanne Wells-Oates, 56 King Street, Port Hope, L 1A 2R5 thanked Council for the opportunity to speak to Report PSD-063-03. She stated the applicant proposes to build a world class golf course, executive homes and would offer a social economic advantage to the community. The site was zoned industrial and is "anything but prime agricultural lands." There should be no concern with traffic because the site had already been given approval for 250 homes and another 1 00 would not impact the area. A Public meeting will be held Port Hope in July. Resolution GPA-240-03 . Moved by Councillor Schell, seconded by Councillor Robinson THAT Committee recess for ten minutes. "CARRIED" The meeting reconvened at 10:50 a.m. Councillor Schell chaired this portion of the meeting. PUBLIC MEETINGS Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: (a) Clarington Official Plan Amendment Application Applicant: 1494392 Ontario Limited (Vissers Sod Farm) . (b) Rezoning Application Applicant: Bed and Breakfast Establishments (c) Rezoning Application Applicant: Martin Road Holdings Ltd. 305 G.P. & A. Minutes -6- June 2, 2003 . PUBLIC MEETINGS CONT'D. The Planning Services Department sent public notice for the rezoning application ZBA 2003/014 and the official plan amendment application COPA 2003/002, by first class mail on or before May 2, 2003 to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. Public notices were also posted on the properties in question on or before May 2, 2003. Notice for the rezoning application ZBA 2003/003 was placed in the Canadian Statesman on May 14 and May 20,2003. The notice procedure followed is in compliance with Ontario Regulations made under the Planning Act. (a) Report PSD-057-03 - 1494392 Ontario Limited - the purpose and effect of the application is to permit the creation of a new lot for an existing dwelling deemed surplus to the farm operation. No one spoke in opposition to or in support of this application. . Robert Craig, agent for Visser Sod Farms, 4100 Liberty Street North, Bowmanville was present to answer questions from Committee. (b) Report PSD-058-03 - Municipality of Clarington - the purpose and effect of the application would permit the establishment of a bed and breakfast establishment in various zoning categories within the Municipality. No one spoke in opposition to or in support to this application. (c) Report PSD-059-03 - Martin Road Holdings Ltd. - the purpose and effect of the application is to permit the development of six (6) lots for single detached dwelling units. No one spoke in opposition to or in support to this application. Kelvin Whalen, Martin Road Holdings Ltd., 1029 McNicol Avenue, Scarborough, M1W 3W6 was present to answer questions from Committee. . 306 G.P. & A. Minutes - 7 - June 2, 2003 . PLANNING SERVICES DEPARTMENT Clarington Resolution #GPA-241-03 Official Plan Amendment Appl. Moved by Councillor Robinson, seconded by Mayor Mutton Applicant: 1494392 Ontario Ltd. THAT Report PSD-057-03 be received; . Bed and Breakfast Establishments . THAT the application to amend the Clarington Official Plan, submitted by Robert Craig on behalf of 1494392 Ontario Limited (Vissers Sod Farm) be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and THAT all interested parties listed in Report PSD-057-03 and any delegations be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-242-03 Moved by Mayor Mutton, seconded by Councillor Pingle THAT the foregoing Resolution #GPA-241-03 be amended by adding the following wording thereto: "THAT the application not be brought back until such time as all property standards issues have been resolved." "CARRIED" The foregoing Resolution #GPA-241-03 was then put to a vote and CARRIED AS AMENDED. Resolution #GPA-243-03 Moved by Councillor MacArthur, seconded by Councillor Rowe THAT Report PSD-058-03 be received; THAT the proposed amendment to By-law 84-63, as amended, to permit bed and breakfast establishment in various zones within the Municipality of Clarington, be referred back to staff for further processing and the preparation of a subsequent report; and 307 G.P. & A. Minutes - 8 - June 2, 2003 . PLANNING SERVICES DEPARTMENT CONT'D. Rezoning Appl. Applicant: Martin Road Holdings Ltd. . Environmental Impact Studies . THAT all interested parties listed in Report PSD-058-03 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-244-03 Moved by Councillor Trim, seconded by Mayor Mutton THAT Report PSD-059-03 be received; THAT the rezoning application submitted by Martin Road Holdings Ltd. be approved and the by-law be passed as contained in Attachment #2 to Report PSD-059-03; and THAT all interested parties listed in Report PSD-059-03 and any delegations be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-245-03 Moved by Mayor Mutton, seconded by Councillor Rowe THAT the foregoing Resolution #GPA-244-03 be amended by adding the following wording to the second paragraph: "pending receipt of all outstanding taxes." "CARRIED" The foregoing Resolution #GPA-244-03 was then put to a vote and CARRIED AS AMENDED. Resolution #GPA-246-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-060-03 be received; and THAT the termination date for the Roster of Consultants for the Preparation of Environmental Impact Studies, as indicated in Section 2 of Report PD-066-00, be extended to June 30, 2004. "CARRIED" 308 G.P. & A. Minutes - 9- June 2, 2003 . PLANNING SERVICES DEPARTMENT CONT'D. Outstanding Applications for Official Plan Amendments . . Resolution #GPA-247-03 Moved by Councillor MacArthur, seconded by Councillor Trim THAT Report PSD-061-03 be received; THAT the recommendations as contained in Appendices No. 1,2 and 3 of Report PSD-061-03 be approved; THAT the interested parties and delegations regarding each application dealt with in Report PSD-061-03 be advised of Council's decision with respect to the application; and THAT a copy of Report PSD-061-03 be forwarded to the Region of Durham Planning Department. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTIONS) Resolution #GPA-248-03 Moved by Councillor Rowe, seconded by Mayor Mutton THAT the foregoing Resolution #GPA-247-03 be amended by adding the following wording to the second paragraph: "with the exception of the following three applications to be referred to Staff for a report to Council on June 9, 2003. Schleiss & Holland - 18T -86068 Kingsberry Properties - Dev. 90-011-18T-88057 Wallis & Colboot-18T-85025" "CARRIED" Resolution #GPA-249-03 Moved by Councillor MacArthur, seconded by Mayor Mutton THAT the foregoing Resolution #GPA-247-03 be amended by adding the following wording as a third paragraph. "THAT Application Dev. 99-022 - 564069 Ontario Ltd. be granted a 6-month extension." 309 "CARRIED" G.P. & A. Minutes - 10- June 2, 2003 . PLANNING SERVICES DEPARTMENT CONT'D. The foregoing Resolution #GPA-247-03 was then put to a vote and CARRIED AS AMENDED. Rezoning Appl. Resolution #GPA-250-03 Applicant: Shell Canada Products Moved by Councillor Robinson, seconded by Councillor Rowe Limited THAT Report PSD-062-03 be received; THAT the rezoning application submitted by Walker Nott Dragecivic Associates Limited on behalf of Shell Canada Products Limited to permit the redevelopment of a gas station with a convenience store and car wash be approved; THAT the By-law attached to Report PSD-062-03 contained in Attachment 3 be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-062-03 and any delegations be advised of Council's decision. . "CARRIED" Appl. for Official Resolution #GPA-251-03 Plan Amendment Applicant: Tucker Moved by Mayor Mutton, seconded by Councillor Robinson Creek Ltd. THAT Report PSD-063-03 be received; THAT Report PSD-063-03 be adopted as the Municipality of Clarington's initial comments with respect to the proposed official plan amendment and zoning by-law amendment application within the Municipality of Port Hope referred to as Tucker Creek (Port Hope File # 2.G.16); THAT the Municipality of Port Hope continue to keep the Municipality of Clarington apprised with respect to this application and that all Council decisions with respect to this development be forwarded to the Municipality of Clarington; and . THAT a copy of Report PSD-063-03 be forwarded to the Municipality of Port Hope and that all interested parties listed in Report PSD-063-03 and any delegations be advised of Council's decision. 310 G.P. & A. Minutes - 11 - June 2, 2003 . PLANNING SERVICES DEPARTMENT CONT'D. THAT, if the application is approved by the Municipality of Port Hope, appropriate financial contributions to be determined by the Director of Engineering be paid to Municipality of Clarington by the applicant and Municipality of Port Hope. "CARRIED" Appl. for Removal Resolution #GPA-252-03 of Holding Symbol Applicant: Waverly Moved by Councillor Pingle, seconded by Councillor MacArthur Road Properties Inc. THAT Report PSD-064-03 be received; THAT the application submitted by Waverly Road Properties Inc. to remove the Holding (H) symbol be approved; THAT the by-law attached to Report PSD-064-03 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and . THAT all interested parties listed in Report PSD-064-03 and any delegations be advised of Council's decision. "CARRIED" Rezoning Appl. Resolution #GPA-253-03 Applicant: DiAdamo Holdings and Moved by Councillor Robinson, seconded by Councillor MacArthur Enterprises Ltd. THAT Report PSD-065-03 be received; THAT the Amendment to Zoning By-law 84-63, as per Attachment 2 to Report PSD-065-03, to permit a golf driving range and mini putt on a temporary basis for a three year period, pursuant to Section 39 of the Planning Act, be approved and forwarded to Council for adoption; THAT a copy of Report PSD-065-03 and Council's decision be forwarded to the Region of Durham Planning Department; and . THAT all interested parties listed in Report PSD-065-03 and any delegations be advised of Council's decision. 311 "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) G.P. & A. Minutes - 12- June 2, 2003 . PLANNING SERVICES DEPARTMENT CONT'D. Resolution #GPA-254-03 Moved by Councillor Robinson, seconded by Councillor Macarthur THAT Resolution #GPA-253-03 be approved, FORTHWITH and the by-law attached to Report PSD-065-03 be referred to the Council meeting immediately following the General Purpose and Administration Committee Meeting. "CARRIED" Confidential Resolution #GPA-255-03 Report - Property Matter Moved by Mayor Mutton, seconded by Councillor Pingle THAT the recommendations contained in Confidential Report PSD-066-03 be approved. "CARRIED" . Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT Stormwater Resolution #GPA-256-03 Outfall Construction Applicant: Moved by Councillor Schell, seconded by Councillor Pingle W.E. Roth Construction Ltd. THAT Report EGD-18-D3 be received; THAT the Municipality of Clarington grant the transfer of an easement for the construction and maintenance of a stormwater outfall, shown as Part 4 of Registered Reference Plan 40R-20800, to W. E. Roth Construction Limited and Edlup Holdings Limited; THAT the by-law attached to Report EGD-18-03 granting the easement for the construction and maintenance of a stormwater outfall be passed, authorizing the Mayor and Clerk to execute the agreement; THAT the Municipality's solicitor be directed to complete this transaction; and . THAT all interested parties listed in Report EGD-18-03 and any delegations be advised of Council's decision. 312 "CARRIED" G.P. & A. Minutes - 13 - June 2, 2003 . ENGINEERING SERVICES DEPARTMENT CONT'D. Bowmanville Resolution #GPA-257-03 Community Park - Phase One Moved by Councillor Rowe, seconded by Councillor Schell THAT Report EGD-19-03 be received; and THAT the concept plan for Phase One of the Bowmanville Community Park be approved. "CARRIED" Robinson Ridge Neighbourhood Park Resolution #GPA-258-03 Moved by Councillor Rowe, seconded by Councillor Robinson THAT Report EGD-20-03 be received; THAT the Purchasing By-law #94-129, Section 5, Item 5,06, be waived for this transaction: . THAT, before the purchase order is issued, the Courtice Parks Baseball and Softball Association pay to the Municipality their portion of the batting cage cost; THAT a purchase order in an amount of $157,300.00 be issued to 289143 Ontario Ltd. for the water play area and batting cage; and THAT the required funds be drawn from the 2003 capital Budget Account No. 8610-03103-1401 for the Robinson Ridge Neighbourhood Park. "CARRIED" Councillor Trim chaired this portion of the meeting. OPERATIONS DEPARTMENT . Senior Citizens Resolution #GPA-259-03 and Physically Disabled Sidewalk Moved by Councillor Schell, seconded by Councillor Robinson and Driveway Windrow Snow THAT Report OPD-04-03 be received for information. Clearing Program "CARRIED" 313 G.P. & A. Minutes - 14- June 2, 2003 . OPERATIONS DEPARTMENT CONT'D. The Director of Operations gave a brief update on the West Nile Virus. No dead birds have been tested as positive in the Region of Durham. An information session will be held in June. EMERGENCY SERVICES DEPARTMENT There were no items considered under this section of the agenda. COMMUNITY SERVICES DEPARTMENT There were no items considered under this section of the agenda. Councillor Pingle chaired this portion of the meeting. CLERK'S DEPARTMENT . Parking Reports Resolution #GPA-260-03 For January, February, March, Moved by Councillor Schell, seconded by Councillor Robinson April, 2003 THAT Report CLD-23-03 be received; and THAT a copy of Report CLD-23-03 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT Tender CL2003-12 Resolution #GPA-261-03 Part "A" Part "B" Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Report COD-018-03 be received; . THAT Robert Young Construction Ltd., Peterborough, Ontario, with a total bid in the amount of $407,904.50, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2003-12, be awarded the contract for the Supply and Haul of Granular "A" and "B", and Haul, Stockpile and Spread Granular "A" Gravel; and 314 . . . G.P. & A. Minutes - 15- June 2, 2003 CORPORATE SERVICES DEPARTMENT CONT'D. THAT the funds expended be provided from the 2003 Operations Road Maintenance and Construction budget; FORTHWITH. "CARRIED" FINANCE DEPARTMENT There were no items considered under this section of the agenda. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT Clean Air Council Resolution #GPA-262-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report ADM-02-03 be received; and THAT the Mayor and the CAO be authorized to take all necessary actions to represent the Municipality of Clarington on the GTA Clean Air Council and to participate in clean air initiatives. "CARRIED" UNFINISHED BUSINESS Resolution #GPA-263-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT the delegation of Jean-Michel Komamicki be referred to the Director of Planning Services. "CARRIED" Resolution #GPA-264-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT the delegation of Libby Racansky be referred to the Director of Planning Services. "CARRIED" 315 . . . . G.P. & A. Minutes OTHER BUSINESS ADJOURNMENT - 16- June 2, 2003 Councillor Trim gave an update from a meeting on May 13, 2003 held at the Region Health Department regarding a Report on West Nile Virus. He also attended a meeting on May 14, 2003, regarding Oshawa Skeet & Gun Club. Councillor Rowe informed Committee that CLOCA has produced a one page pamphlet of frequently asked questions regarding West Nile Virus which is available at the front desk. Resolution #GPA-265-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the meeting adjourn at11 :40 a.m. ~~7 DEPUT tERK 316