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HomeMy WebLinkAbout11/19/2007 C�arin`7�W n Ener zi Ontarla`� GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: November 19, 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 November 5, 2007 301 4. (a) PRESENTATIONS There are no presentations. (b) DELEGATIONS (i) Kevin Anyan — Bowmanville Sesquicentennial Committee (ii) Tania Fabricius —407, Report PSD-135-07 (iii) Linda Gasser— 407, Report PSD-135-07 (iv) Libby Racansky-407, Report PSD-135-07 5. PUBLIC MEETINGS (a) Application to Amend the Clarington Official Plan and Zoning By-Law and 501 Draft Plan of Subdivision Applicant: Courtice Homestead Land Corporation Report: PSD-130-07 (b) Application to Amend the Clarington Zoning By-Law 503 Applicant: Aspen Springs West Limited Report: PSD-131-07 CORPORATION OF THE MUNICIPALITY OFCLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. & A.Agenda - 2 - November 19 2007 6. PLANNING SERVICES DEPARTMENT (a) PSD-130-07 Application to Amend the Clarington Official Plan and 601 Zoning By-Law and for Draft Plan of Subdivision to Permit the Development of 37 Single Detached Dwelling Units Applicant: Courtice Homestead Land Corporation (b) PSD-131-07 Rezoning to Permit the Construction of Eight Single 613 Detached Dwelling Units on 11.0 and 12.0 Metre Minimum Frontage Lots Applicant: Aspen Springs West Limited (c) PSD-132-07 Application for Removal of Holding for Land Division 622 Application LID 006/2007 Applicant: Arnot Wotten (d) PSD-133-07 Report Regarding Appeal of Zoning By-Law Amendment 628 Application ZBA2006-0021 Applicant: James Tosswill (e) PSD-134-07 Application for Removal of Part Lot Control 645 Applicant: Mearns East Developments Inc. Dunbury Meadows— Phase 11 (f) PSD-135-07 Highway 407 Environmental Assessment — Municipality of 651 Clarington Comments on the Alternative Methods (Route Selection) Report (g) PSD-136-07 Monitoring of the Decisions of the Committee of 699011 Adjustment for the Meeting of November 8, 2007 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-057-07 Montly Report on Building Permit Activity for October,,2007 701 (b) EGD-058-07 Proposal to Close and Convey a Portion of an Unopen 707 Road Alowance Situated Between Lot 16 & 17, Concession 10, Former Township of Darlington 8. OPERATIONS DEPARTMENT (a) OPD-011-07 Emergency Replacement of.Hampton Operations Hoist 801 9. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-015-07 Monthly Response Report — October 2007 901 G.P. & A. Agenda - 3 - November 19, 2007 10. COMMUNITY SERVICES DEPARTMENT (a) CSD-017-07 Municipality of Clarington's Application to the Youth 1001 Friendly Communities Recognition Program (b) CSD-019-07 Summary Report —World Record Walk— October 3, 2007 1007 11. CLERK'S DEPARTMENT No Reports 12. CORPORATE SERVICES DEPARTMENT No Reports 13. FINANCE DEPARTMENT (a) FND-023-07 Cash Activity —Third Quarter of 2007 1301 14. CHIEF ADMINISTRATIVE OFFICE No Reports 15. UNFINISHED BUSINESS (a) Addendum to PSD-128-07 Regional Cycling Plan Study 1501 (b) Addendum to CLD-036-07 Meeting Investigator— Closed Meetings 1532 16. OTHER BUSINESS 17. ADJOURNMENT Clarington Gadnt b Way General Purpose and Administration Committee , Minutes November 5, 2007 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, November 5, 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 Director of Finance, N. Taylor Deputy Chief, Emergency Services, M. Berney Deputy Clerk, A. Greentree Clerk II, E. Atkinson Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be stating a pecuniary interest with respect to Report PSD-129-07. Councillor Foster indicated that he would be stating a pecuniary interest with respect to Report PSD-127-07. MINUTES Resolution #GPA-612-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the General Purpose and Administration Committee minutes of the regular meeting held on October 22, 2007, be approved. CARRIED 301 General Purpose and Administration Committee Minutes, November 5, 2007 PRESENTATIONS There were no presentations. DELEGATIONS Resolution #GPA-613-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the agenda be altered to add Mr. Louis Bertrand to the list of delegations to speak regarding the Energy from Waste and the delegation of Mr. Greg Milosh be removed from the list of delegations as he will be addressing the Committee under the Public Meeting section of the Agenda. CARRIED Louis Bertrand addressed the Committee regarding Energy from Waste. Mr. Bertrand stated there is a false belief that incineration is an acceptable practice in Europe. Mr. Bertrand provided information from the GESDI Report issued in France by a group of experts in opposition of incineration. He reminded the Committee that incineration pollutes the environment and is dangerous to the public's health and he would not want to see a repeat of the asbestos mistake. He would not like to see the Municipality of Clarington officials forced into accepting an incineration facility. Mr. Bertrand would like to see the 3 R's endorsed, not incineration, and for the Municipality of Clarington to declare itself as an unwilling host to the incineration facility. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Clarington Zoning By-Law and for Draft Approval of a Plan Subdivision Applicant: 708545 Ontario Limited Reports: PSD-123-07 & PSD-124-07 Susan Ashton, Senior Planner, Planning Services Department, provided a verbal report supported by a PowerPoint presentation pertaining to Reports PSD-123-07 and PS D-124-07. Glen Murphy, IntraCorp Project Limited, informed the Committee his company owns 80 acres directly south of the proposed site plan. He expressed concerns with the layout of connections for the subdivision. He indicated the plans show connections from the north, west and east but nothing from the south. Mr. Murphy informed the Committee that he will be §ending a letter later this week to staff and Council indicating that he would like to see the plan include connections from the south. -2 - 302 General Purpose and Administration Committee Minutes November-, 2007 No one spoke in support of Reports PSD-123-07 and PSD-124-07. Nick Mensink, Sernas and Associates was in attendance with the applicant and Steve Winter, all of whom were available to answer questions. He stated they believe that by acquiring the additional lands they have been able to improve the plan byremoving two culdesacs. They are anxious to move forward on this project. (b) Subject: Application to Amend the Clarington Official Plan Applicant: Municipality of Clarington Report: PSD-125-07 Carlo Pellarin, Manager Development Review, Planning Services Department and Mr. Dan Leeming, Planning Partnership, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-125-07. Mr. Leeming discussed the ten Urbanism Principles and highlighted how those principles have been incorporated into the Secondary Plans for the Brookhill Neighbourhoods. It is anticipated that this model may be used throughout Southern Ontario. Mr. Louis Bertrand addressed the Committee regarding Report PSD-125-07. Mr. Bertrand enquired as to whether or not alternative heating types, such as shared facility hook up, were considered for the proposed development. Mr. Greg Milosh addressed the Committee regarding Report PSD-125-07. Mr. Milosh and his family own land to the north of the proposed subdivision which he purchased 26 years ago. They are in support of the proposed design; although he indicated it needs some fine tuning. He requested that all lands indicated in the proposed Brookhill Neighbourhoods be re-zoned as soon as possible. Mr. Stephen Wimmer, MBTW Group advised the Committee that they support the general principles of the draft document. Mr. Wimmer used visual aids to demonstrate and support their recommendation to carefully consider and limit the laneway widths. Referring to similar neighbourhoods in Oakville and Erin Mills, Mr. Wimmer advised that although wider laneways makes it easier to manoeuvre a vehicle, it creates other safety issues because vehicles travel through the laneway at a higher speed. Mr.Wimmer was unable to comment on issues raised relating to the Highway Traffic Act. Resolution #GPA-614-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Committee recess for 5 minutes. CARRIED The meeting resumed at 11:30 a.m. - 3 303 .General Purpose and Administration Committee Minutes November 5, 2007 PLANNING SERVICES DEPARTMENT APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: 708545 ONTARIO LIMITED Resolution #GPA-615-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report PSD-1.?3-07 be received; THAT the applications for a proposed draft Plan of Subdivision and Zoning By-law Amendment submitted by 708545 Ontario Limited be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed Report PSD-123-07 and any delegation be advised of Council's decision. CARRIED APPLICATION FOR PROPOSED AMENDMENT TO DRAFT APPROVAL OF A DRAFT APPROVED PLAN OF SUBDIVISION AND A ZONING BY-LAW AMENDMENT APPLICANT: 708545 ONTARIO LIMITED Resolution #GPA-616-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT Report PSD-124-07 be received; THAT the applications for a proposed amendment to draft approval of a draft approved Plan of Subdivision and Zoning By-law Amendment submitted by 708545 Ontario Limited, be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-124-07 and any delegation be advised of Council's decision. CARRIED PROPOSED AMENDMENT TO THE CLARINGTON OFFICIAL PLAN & DRAFT BROOKHILL SECONDARY PLAN AND URBAN DESIGN GUIDELINES Resolution #GPA-617-07 Moved by Councillor Trim, seconded by Mayor Abernethy - 4 - 304 General Purpose and Administration Committee Minutes November 5, 2007 THAT Report PSD-125-07 be received; THAT proposed amendment to the Clarington Official Plan and Draft Brookhill Secondary Plan and Urban Design Guidelines be referred back to staff for further processing; and THAT all interested parties listed in Report PSD-125-07 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 18, 2007 Resolution #GPA-618-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-126-07 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on October 18, 2007, for applications A2007-0053 to A2007-0056 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED Councillor Foster stated a pecuniary interest with respect to Report PSD-127-07, as the applicant is a member of Councillor Foster wife's congregation. 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-619-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-127-07 be received; THAT the Regional Municipality of Durham be advised that the Municipality of Clarington recommends that the application to amend the Durham Regional Official Plan (ROPA 2007-0005) as submitted by Arnold Geisberger, to permit the creation of a new lot for an existing dwelling deemed surplus to the farm operation, be approved; - 5 - 305 General Purpose and Administration Committee Minutes, November 5, 2007 THAT Amendment No. 58 to the Clarington Official Plan as submitted by Arnold Geisberger to permit the severance of a dwelling deemed surplus to the farm operation be adopted as indicated in Attachment 2 to Report PSD-127-07 and that the necessary by-law contained in Attachment 3 to Report PSD-127-07 be passed; and further that the amendment be forwarded to the Regional Municipality of Durham for approval; THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-127-07; and THAT all interested parties listed in Report PSD-127-07 and any delegation be advised of Council's decision. CARRIED REGIONAL CYCLING PLAN STUDY Resolution #GPA-620-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report PSD-128-07 be received; THAT the report entitled "Regional Cycling Plan Study" be received by Clarington Council; and subject to appropriate revisions as addressed by the comments in Sections 2.4.4, 2.5.2, 2.5.3 and 2.5.4 contained in the Report,be endorsed in principle; THAT the Regional Development Charges By-law be amended to include a line item for funding critical connections in the Regional Cycling Plan; THAT the Ministries of Public Infrastructure Renewal and Transportation be requested to coordinate a Southern Ontario Cycling Task Force and assist in the funding of Cycling Plans; THAT Staff be authorized to work with the Region and Durham Region Area Municipalities to establish a reasonable and fiscally responsible Regional Cycling Implementation Plan that integrates with existing and anticipated future cycling and road facilities; and THAT all interested parties listed in Report PSD-128-07 and any delegations be advised of Council's decision. REFERRED BACK TO STAFF (See following motion) - 6 - 306 , General Purpose and Administration Committee Minutes November 5, 2007 , Resolution #GPA-621-07 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report PSD-128-07 be referred back to staff for a further report on the preferred style of cycling lanes and associated costs. CARRIED Councillor Novak stated a pecuniary interest with respect to Report PSD-129-07, as the subject property is adjacent to her property. Councillor Novak refrained from discussions and voting on this matter. Mayor Abernethy chaired this portion of the meeting. REPORT FOR INFORMATION REGARDING APPLICANT'S APPEAL OF LAND DIVISION APPLICATION LD14312007 APPLICANT: CARMELA COSCARELLA Resolution #GPA-622-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-129-07 be received; and THAT all interested parties listed in Report PSD-129-07 and any delegation be advised of Council's decision. CARRIED Councillor Foster chaired this portion of the meeting ENGINEERING SERVICES DEPARTMENT CLARINGTON CORNERS SUBDIVISION PHASE 1 STAGE 2B, PLAN 40M-1907 (PART), PHASE 2 STAGE 1, PLAN 40M-2005, AND PHASE 2 STAGE 2, PLAN 40M- 2087, BOWMANVILLE, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY- LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-623-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report EGD-056-07 be received; - 7 - 307 General Purpose and Administration Committee Minutes, November 5, 2007 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-1907 (part), Plan 40M-2005 and Plan 40M-2087; and THAT Council approve the by-laws attached to Report EGD-056-07, assuming certain streets within Plan 40M-1907, Plan 40M-2005 and Plan 40M-2087 as public highways. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT REQUEST FOR EXEMPTION TO TRAFFIC BY-LAW Resolution #GPA-624-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CLD-034-07 be received; THAT the request of Mr. J. Strickland, Tirecraft Auto Centres Ltd, to park a vehicle with a registered gross weight of 7,250 kg on Dadson Drive, Bowmanville, be denied; and THAT Mr. Strickland be advised of Council's decision. CARRIED ANIMAL SERVICES QUARTERLY REPORT— JULY TO SEPTEMBER, 2007 Resolution #GPA-625-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report CLD-035-07 be received; and - 8 - 308 General Purpose and Administration Committee Minutes November 5, 2007 THAT a copy of Report CLD-035-07 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED MEETING INVESTIGATOR— CLOSED MEETINGS Resolution #GPA-626-07 Moved by Councillor Trim, seconded by Mayor Abernethy THAT Report CLD-036-07 be received; THAT a by-law be forwarded to Council to appoint Local Authority Services Ltd. (LAS) as the meeting investigator in accordance with section 239.1 of the Municipal Act, 2001 and to provide for a $25.00 requester fee for meeting investigations; and THAT LAS be advised of Council's decision. MOTION WITHDRAWN Resolution #GPA-627-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Report CLD-036-07 be referred back to staff for a more detailed report. CARRIED APPOINTMENT OF PRIVATE PROPERTY PARKING ENFORCEMENT OFFICERS Resolution #GPA-628-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Report CLD-037-07 be received; THAT the by-laws attached to Report CLD-037-07 to appoint Parking Enforcement Officers for private property be forwarded to Council for approval; and THAT CLOCA, P.R.O. Security and Investigation Agency Inc. and Group 4 Securicor be advised of Council's actions. CARRIED Mayor Abernethy chaired this portion of the meeting. . 9 . 309 General Purpose and Administration Committee Minutes November 5, 2007 CORPORATE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. FINANCE DEPARTMENT 2006 AUDITED FINANCIAL STATEMENTS Resolution#GPA-629-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report FND-021-07 be received; and THAT the 2006 Audited Financial Statements be approved. CARRIED CONFIDENTIAL LEGAL MATTER Resolution #GPA-630-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Confidential Report FND-022-07 be received; and THAT the actions taken as identified in the attachment to Confidential Report FND-022-07 be endorsed. CARRIED CHIEF ADMINISTRATIVE OFFICE There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS Resolution #GPA-631-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the delegation of Mr. Louis Bertrand be received with thanks. CARRIED - 10 - 310 General Purpose and Administration Committee Minutes November 5, 2007 OTHER BUSINESS ENERGY FROM WASTE — AUTHORIZATION FOR STAFF TO NEGOTIATE Resolution #GPA-632-07 Moved by Councillor Novak, seconded by Councillor Foster WHEREAS the Consultants retained by the Regions of Durham/York (Proponent)to oversee an Environmental Assessment (EA) to site an Energy From Waste (EFW) facility have identified a property located in the Municipality of Clarington as the preferred site for said EFW facility; WHEREAS such EFW facility is to be developed and operating on a date that appropriately relates with the scheduled closure of the U.S./State of Michigan border to all Canadian Municipal residual waste shipments; WHEREAS the Municipality of Clarington believes that the Proponent of the EFW facility shall be fully responsible for all costs and risks associated with the development and operation of the EFW facility; WHEREAS the Ontario Ministry of Environment must approve the Environmental Assessment process which includes a site specific Human Health and Environmental Risk Assessment, and issue to the Proponent a license to operate the EFW facility; WHERES it is standard practice in North America that a Host Community Impact Agreement be entered into between the Proponent and the Host Community for any type of Municipal residual waste processing facility; NOW THEREFORE, the Municipality of Clarington resolves that staff is authorized to undertake without prejudice negotiations with Durham Region and that the Regions of York and Durham are requested to: 1. Agree to protect the health and safety of the residents of Clarington and Durham by incorporating into the design and installation of the EFW facility the most modern and state of the art emission control technologies that meet or exceed the European Union (EU) monitoring and measurement standards. 2. Agree to continue to support an aggressive residual waste diversion and recycling program(s) in order to achieve and exceed, on or before December 2010, a 70 % diversion/recycling rate for the entire Region and such aggressive program(s) shall continue beyond 2010. 3. The Host Community Impact Agreement shall address, but not be limited to, the following major areas of concern and requirements: • Provide 24/7 emission monitoring systems easily accessible by the public. • Restrict the quantities, types and sources of waste, ie no City of Toronto waste will be allowed. - 11 - 311 General Purpose and Administration Committee Minutes . November 5, 2007 • Establish a Community Liaison Committee including local Physicians. • Provide infrastructures to facilitate economic development in Clarington. • Absorb all Clarington costs that are related to the development and operations of the EFW facility. • Compensate Clarington for any detrimental costs,if any, associated to an EFW facility sited within Clarington borders. • Assume all risks and liabilities associated with the EFW facility. • Provide a royalty and/or revenue sharing arrangement to Clarington for the life of the EFW facility in appropriate amounts and suitably indexed. • The project shall have no adverse impacts on payments in lieu of taxes. • No ash from the facility shall be deposited in any landfill site located within Clarington borders. 4. To alleviate the concerns of the people of Clarington and Durham by acknowledging the foregoing and agreeing to negotiate with Clarington in good faith, 5. Staff is directed to forward this resolution to the Regions of York and Durham; FORTHWITH. CARRIED LATER IN THE MEETING (See following motions) Resolution #GPA-633-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the foregoing motion be divided in order to allow for consideration of the third bullet in item 3 separately. CARRIED Resolution #GPA-634-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the third bullet of item 3 of Resolution #GPA-632-07, which reads as follows "The Host Community Impact Agreement include the establishment of a Community Liason Committee including local physicians" be tabled to Council meeting scheduled for Monday, November 12, 2007. CARRIED The balance of Resolution # GPA-632-07 was then put to a vote and carried. - 12 - 312 General Purpose and Administration Committee Minutes November 5, 2007, ADJOURNMENT Resolution # GPA-635-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 12:41 p.m. CARRIED MAYOR DEPUTY CLERK - 13 - 313 /'�1 a REPORTCE PSD-130-07 ■/lJ�'i■• CORPORATION OF THE �couRT2CE aOta:STEnn 1.nt0 MUNICIPALITY OF CLARINGTON CORPORATION cradin(rnr w.r NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: COURTICE HOMESTEAD LAND CORPORATION A N APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONIM BYLAW AND DRAFT. PLAN OF SUBDIVISION TAKE NOTICE that the Council of the Corporation of the Municipally of Clarington win consider a proposed Official Plan Amendment, a proposed Zoning Byelaw Amendment, and a proposed Draft Plan of Subdivision under Sections 17,34 and 51 respectively of the Planning AcL 1990,as amended. APPLICATION DETAILS The proposed Official Plan Amendment application submitted by Courdce Homestead Land Corporation would delete the Type"C*Arterial Road(Future Adelaide Avenue),east of Truss Road and to redesignate the lands from Special Study Area No. 5 to 'Residentlar and 'Environmental Protection Ares'. The proposed Zoning By-law Amendment and Draft Plan of Subdivision submitted by Courtice Homestead Lard Corporation would permit the development of thirty-seven(37)detached dwellings. The subject property Is boated on Part Lot 30,Concession 3,Former Township of Darlington,east of Trulls Road,north of Dalseyfield Avenue as shown on Bra reverse. Pla nning File Nos.: ZBA 2007-0003,COPA 2007-0001 8 S-C 2DO7.0002 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide Interested parties the opportunity to make comments, identify Issues and provide additional Information relative to ft proposed development. The public meeting will be held on: DATE: Monday,November 19,2007 TIME: 9:30 a.m. PLACE: Council Chambers,2"°Floor,Municipal Administrative Caron, 40 Temperance SL,Bowmanville,Ontario ANY PERSON may attend the public meeting andfor make written or verbal representation ether In support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, November 28,2007,commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, November 21, 2007,to have your name appear In the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or If you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan Amendment and approval of the Zoning By-law Amendment and Draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 2" Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A8. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval,unless it is determined during the review process that the Amendment Is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for Inspection between 8:30 a.m.and 4:30 p.m (during July and August 8:00 a.m. and 4:00 p.m.)at the Planning Services Deparbment,3itl Flow,40 Temperance Street, Bowmanville, Ontario L1C 3Aff, or by calling Bob Russell at (905) 8233379 extension 341 or by e-mail at brussell @clsrington.net APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington Planning Services Department before the proposed Zoning Byelaw Amendment is approved, the person or public body is not entitled 10 appeal the decision of Clarington Council to the Ontario Municipal Board. In addition, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board,there are reasonable grounds to add the person or public body as a party. Dated at the Municipality of Clarington this 18'" day of October 2007. D Id Croms,M.C.I.P.,R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipally of Clarington L1C 3A8 row 11.111111111.111 - � _ ��� ;V�uiiiunFIto � I♦ III, '/ � � , - :1, , ® I ♦�� Ii,I1l�\ ,,,,1111111:� �=-= 1 �•.�,� _5t1� /�//1111111 1- i IIIIItUI iA � Itll�lt '■ \Ilt� 7 IIIII' • ® L -HIL I�w c- • tI111I11� IIIIIIIIIIIP'♦ ► pvl • ..� °n lullllllllt r Vi!! VIII III ill i� cy iFrom - u III i '� Z13A 2007-0003 ZONING BY-LAW AMENDMENT mCOPA 2007-0001 Clarington Official Plan Affondment Sic 111 1 CORPORATION THE PURLIC MEETING - 91J, Y/J�l■._L.I�j`LTI� MUNICIPALITY OF F CLARINGTON REPORT # PSD-131-07 Leading the Way NOTICE OF PUBLIC MEETING AS SPRINGS WEST LIMITED DEVELOPMENT APPLICATION BY: ASPEN SPRINGS WEST LIMITED AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed,, Zoning By-law Amendment, under Section 34 of the Planning Ad, 1990,as amended. APPLICATION DETAILS The proposed application for a Zoning By-law Amendment submitted by Aspen Springs West Limited would permit the development of eight single detached dwelling units with 11.0 and 12.0 metre minimum frontage lots. The subject property is located in Part Lot 16,Concession 1,former Township of Darlington, and consist of Block 76 on registered plan 40M-2240 and Block 48 of 40M-2214,as shown on reverse. The Municipality of Clarington has deemed the above-noted application to be a complete submission. Planning File No.: ZBA 2007-0033 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday,November 19,2007 TIME: 9:3D a.m. .PLACE: - Council Chambers,2n°Floor,Municipal Administrative Centre 40 Temperance St,Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, November 26,2007,commencing at 7:00 p.m: Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, November 21, 2007 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to be notified of subsequent meetings or the approval of the proposed zoning by-law amendment or of the refusal of a request to amend the zoning by-law, you must make a written request to the Clerk's Department,2ntl Floor,40 Temperance Street,Bowmanville, Ontario L1C 3A6. Additional information relating to the proposal is available for inspection between 8:30 a.m.and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3f0 Floor, 40 Temperance Street,Bowmanville, Ontario L1 C 3A6,or by calling Glen Ferguson at(905)623-3379 extension 327 or by e-mail at afemuson(5clarindton.net. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington Planning Services Department before the proposed zoning by-law amendment is approved, the person or public body is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board. In addition, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board,there are reasonable grounds to add the person or public body as a party. Dated at the Municipality of Clarington this 2n° day of October 2007. David Cr me, M.C.LP.,R.P.P. 4U Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 503 I 1 Property Location Map(Bowmanville) STREET NREMMINGTON :o= n.v .iYln• — � cRCVCRnr G I ao swae BOnR90RRfll Sr. Q„>a N o0o s \roouxn I m Z \O I � MUWRN W lz BAS U E ROAD " •a•• I I. O y. n ° eo ` 3 3 9 •...� !n —^ REG4 i a A ,E ZBA 2007-0033 IM I I Zoning By-Law Amendment P © .1lJ 5 BLOCK 4 ...e.w jx II��o u BOTTRELL STREET IU '•I j'sx Owner:Aspen Springs West Ltd. I 1 Clarington REPORT Leading one way PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 19, 2007 Report#: PSD-130-07 File #: COPA 2007-0001 By-law#: ZBA 2007-0003 and S-C-2007-0002 Subject: APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND FOR DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 37 SINGLE DETACHED DWELLING UNITS APPLICANT: COURTICE HOMESTEAD LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-130-07 be received; 2. THAT the applications to amend the Clarington Official Plan & Zoning By-law 84-63; and to Draft Approve Plan of Subdivision S-C-2007-0002, be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the Environmental Impact Study Final Report and outstanding agency comments; and 3. THAT all interested parties listed in Report PSD-130-07 and any delegations be advised of Council's decision. s J Submitted by: Reviewed by: v d . Crome, M.C.I.P., R.P.P. anklin Wu Director, Planning Services L Chief Administrative Officer November 13, 2007 BR CP'DJC'av'df 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-130-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Courtice Homestead Land Corporation 1.2 Owner: same as applicant 1.3 Applications: Official Plan Amendment 1) to delete the "Type C Arterial Road" (Adelaide Avenue) designation east of Trulls Road; 2) to adjust the southern limits of Special Study Area 5 northerly and to redesignate the subject lands "Urban Residential Area" Proposed Draft Plan of Subdivision To permit the development of 37 single detached dwelling units consisting of 18,10.0 metre minimum frontage lots and 19,12.0 metre minimum frontage lots. Zoning By-law Amendment To permit the development of the proposed plan of subdivision. 1.4 Area: 6.92 hectares (17.10 acres) 1.5 Location: East of Trulls Road, North of Daiseyfield Avenue, Courtice 2.0 BACKGROUND 2.1 On December 18, 2006, Courtice Homestead Land Corporation submitted applications to amend the Clarington Official Plan and Zoning By-law and an application for a draft Plan of Subdivision to permit 61 single detached dwelling units. 2.2 The subdivision application proposed to develop all of the applicant's land holdings. During staff review of the three applications, it was determined that approximately 100 metres of the subject property and a portion of the 61 unit proposed plan of subdivision extends into Special Study Area 5 — Farewell Heights (East). The Clarington Official Plan states that in the absence of coincident physical features only minor deviations to the boundary may be permitted without amendment provided such deviations do not alter the intent of the plan. A boundary line adjustment was not considered minor. All of the land added to the Courtice Urban Area in the 1991 Regional Official Plan was meant to be Special Study Area given the environmental sensitivity of the area. The Clarington Official Plan states the Special Study Area 5 development is not required for residential development in the Plan's timeframe (to 2016). 2.3 Planning staff discussed with the applicant and his consultants the fact that the north portion of the proposed subdivision was within Special Study Area 5. Prior to consideration of a plan of subdivision within Special Study Area 5, a watershed planning study for Farewell and Black Creeks must be completed and approved, and that after this only during the next five year review of the Clarington Plan will land area requirements be reviewed. 602 REPORT NO.: PSD-130-07 PAGE 3 The above discussion led to the consideration of three options: • fulfil all of the requirements for development in Special Study Area 5; • make application to amend the Plan to exempt the proposal from the above requirements; and • modify the subdivision proposal to keep it south of Special Study Area 5 and have the balance of the applicant's land, within Special Study Area 5, be deferred to the Official Plan Review. The applicant chose the third option and submitted revised plans and documents for a subdivision of 37 single detached dwellings on May 22, 2007. 2.4 At the same time a revised planning justification report was submitted. This report argued: The eastern termination of Adelaide Avenue at Trulls Road fulfills the Durham Transportation Master Plan, the Adelaide Avenue East Extension Environmental Assessment Report, and the new Amendment 114 to the Durham Regional Official Plan; The northern 100 metres of the subject property is not functionally part of Special Study Area 5 since it drains south to Farewell Creek, can connect to water and sanitary sewers from the south, and can direct stormwater south to the existing Horban Stormwater Management Pond; The proposal is an efficient land use, provides more housing and more affordable housing, makes efficient use of infrastructure, ensures the preservation of natural areas and features, all as per the Provincial Policy Statement. 2.5 A Stage 1 and 2 Archaeological Assessment was forwarded. It reviewed the archaeological potential of the whole subject property (the original 61 unit proposal). The survey approach used was 'high potential' but despite this no archaeological material was found and complete clearance of the subject property was recommended. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 31 The subject property is relatively flat with the west half being vacant pasture-like area. The east half is valleyland for a tributary of Farewell Creek. The east bank of the valleyland is heavily wooded. 3.2 The surrounding uses are as follows: North - Vacant and wetland South - Detached dwellings on Trulls Road and Bellman Court with wooded valleyland in between East - Woodlot/wetland West - Detached and semi-detached dwellings 603 REPORT NO.: PSD-130-07 PAGE 4 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The proposed subdivision is planned for a portion of an existing urban area and this provides the opportunity for not only keeping growth in an existing settlement area but for utilization of nearby existing servicing infrastructure and Courtice public service facilities. Urban residential development on Daiseyfield.Avenue and Bellman Court is close to the property. The 37 proposed dwelling units will contribute to meeting the 3 year supply of residential land with servicing capacity, appropriate zoning and draft approval or registration. Approximately 30% of the lots within the proposal are "small lot singles" and this will contribute to Courtice's stock of affordable housing. The Provincial Policy Statement also requires the preservation of significant natural heritage features. Block 39 of the proposed subdivision has been identified as an Open Space Block. 4.2 Provincial Growth Plan Major growth is to be directed to a settlement area, with municipal water and sanitary systems. The proposal diversifies and mixes the Courtice housing supply and helps with affordable housing needs in particular, all of which are consistent with the general intensification policies. At the same time the proposal provides for the preservation of significant natural features through the identification of the Open Space Block. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan (as amended through the Regional Official Plan Review — Amendment 114) designates the subject property as Living Area. The balance of the lands are in Special Study Area 3. Special Study Areas require further study to determine their appropriate land use designations and until this occurs only uses which do not prejudice the results of such further study are permitted. Special Study Area 3 corresponds to the Clarington Official Plan's Special Study Area 5. The revised 37 unit subdivision plan is completely within the Living Area. Part of the property is also within a Key Natural Heritage/Hydrologic Feature, hence an Environmental Impact Study (E.I.S.) is required. Amendment 114 deleted the Type C Arterial Road (Adelaide Avenue extension) east of Trulls Road which facilitates the proposal. 5.2 Clarington Official Plan The Clarington Official Plan designates the property Special Study Area 5, Urban Residential and Environmental Protection Area. The 37 unit subdivision proposal is to be in the Urban Residential portion of the property. Since some of the property is within Environmental Protection Area an Environmental Impact Study (E.I.S.) is required. The Official Plan identifies a Type 'C' Arterial (the Adelaide Avenue extension) running through the property and it designates the part of the property north of the arterial as Special Study Area 5. A Clarington Official Plan Amendment is required to remove the Adelaide Avenue Extension Type 'C' Arterial from the property in conformity with the Durham Regional Official Plan. The 37 dwelling unit "reduced size" subdivision and related rezoning can proceed without a Clarington Official Plan Amendment. 604 REPORT NO.: PSD-130-07 PAGE 5 The Clarington Official Plan Amendment application also requests the review of the northern portion of the property to redesignate it from Special Study Area 5 to Residential and Environmental Protection Area. This will not be considered at this time but may be considered as part of the Clarington Official Plan Review. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Environmental Protection (EP)" around the creek tributary and "Agricultural (A)" elsewhere. The "Agricultural (A)" zoning is not consistent with the Urban Residential land use designation or the subdivision proposal and hence, the rezoning application. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject property. A public notice sign was installed approximately midway on the property's Trulls Road frontage. 7.2 As a result of the public notification process, to date, the Planning Services Department has received no inquiries or comments. 8.0 AGENCY COMMENTS 8.1 Comments have not been received from the majority of the circulated departments and agencies. Clarington Emergency and Fire Services had no fire safety concerns, Building Division had no concerns, Hydro One and Rogers Cable had no objections. 8.2 Enbridge provided standard conditions of draft approval for the proposed subdivision. 8.3 Clarington Operations requires more information on stormwater management noting system overcharges must be accommodated and boulevard tree plantings must be well clear of intersection sight lines. 8.4 Durham Region Transit requested a hard surfaced bus stop and shelter on Trulls Road at Road W. 8.5 Clarington Engineering Services noted: • Road allowance on the east leg of the Adelaide intersection must be aligned with future Adelaide Avenue and it must be of sufficient width to accommodate signalization including turning lanes and traffic islands. Further discussion is required; • Block 39 (Valleyland Environmental Protection Area) must connect to a road allowance to give Clarington reasonable access to the block for maintenance; • A 5.18 metre Trulls Road widening is required; • An On-street Parking Plan is required; • As a development agreement condition, for oversized stormwater management works, front end payments to Clarington are to be made to the benefit of 848601 Ontario Inc., 829633 Ontario Inc. and Royal Bank of Canada; • A Preliminary Lot Grading and Drainage Plan is required; 605 REPORT NO.: PSD-130-07 PAGE 6 • A geodetic benchmark must be established near the Trulls/Daiseyfield intersection to act as a vertical control for the proposal; and • The development cannot proceed until the Municipality has approved funding for reconstruction of Trulls Road. 9.0 STAFF COMMENTS 9.1 Adelaide Avenue is designated in the Clarington Official Plan as a future Type C arterial road extending from Townline Road to Courtice Road. It was initially identified in the 1991 Regional Official Plan update. The Harmony-Farewell Iroquois Beach Wetland complex was identified as a provincially significant wetland subsequently. During the preparation of the Durham Region Transportation Master Plan (DRTMP), Clarington Council requested "that the Region review the need for Adelaide Avenue to extend all the way to Courtice Road, in light of the significant large wetiand area located between Trulls Road and Courtice Road. The conclusion of the DRTMP was that in balancing transportation needs and environmental impacts, Adelaide Avenue was not required, provided that George Reynolds Drive was extended between Trulls Road and Courtice Road. The DRTMP recommended that the Type C road be deleted for the above-noted segment in the Durham Regional Plan update (Amendment 114), subsequently approved by Regional Council in September of 2007. The proposed amendment to the Clarington Official Plan will implement the DRTMP and Amendment 114 to the Durham Regional Official Plan. 9.2 Block 39 of the proposed draft plan of subdivision is an open space block that incorporates a portion of a major wetland area located between Trulls Road and Courtice Road. An environmental impact study will review the impacts of the development proposal and recommend any modifications or mitigating measures. 9.3 The berm on the west side of the proposed subdivision represents an alternative to standard acoustical fencing. It provides the visual/acoustical barrier, but raises ownership, fencing , landscaping and maintenance issues that have yet to be reviewed in detail. 9.4 At this time the applicant is required to provide the following in support of these applications: 1) the Planning Justification Report did not consider the Growth Plan; 2) the Preliminary Servicing & Grading Plan and Stormwater Management Report, though promised, have yet to be submitted; 3) the Region's required Local Official Plan Amendment Review Fee was not submitted; 4) the Region's required Noise Study was not submitted; and 5) the Glenview Neighbourhood Design Plan shows the subject property as being subject to further review/study, thereby necessitating submission of a Neighbourhood Design Plan Amendment Application. 10.0 CONCLUSION 10.1 The purpose of this report is to provide information for the Public Meeting required under the Planning Act. Staff respectfully requests that this report be referred back to staff for further processing and the preparation of a subsequent report. 606 REPORT NO.: PSD-130-07 PAGE 7 Attachments: Attachment 1 - Proposed Plan of Subdivision and Site Location Key Map Attachment 2 - Air Photo with Key Features of Area Attachment 3 - Proposed Clarington Official Plan Amendment List of interested parties to be advised of Council's decision` Glenn Genge, D.G. Biddle & Assoc. Hannu Halminen, Courtice Homstead Land Corp. Darlene Smith Kevin & Isabella McConkey John McLeod Brent Willis 4' 607 .. O N O 3 D '0 CD 00 O N b � • ��� • , -ON � ' NEWS . _ . . i • 1 �', �_ � 1111111 • ..° 1 i a ���� i "111111111 ► \Ill.n �� � ���IIIIIIIII����IIIIIID� � 111111111111 /�� � �,�Q•/ 011111111111111111111111 • 1 111111111111 me '• �I„ ® `-1i d g LF[! • C r`h ® 11 111 0 BLOCK 39 nm O - • 1 1 1 1 1 !a 11 111 1 1 O N O 3 D '0 CD 00 O N b � In -rtes. „g '4i C. '+'. 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Y ` ° �` (( •' y;, PC 4 �.�' � � � �� tit �.? o� � � !-� t y9.e€.�+�� � `'`„, {. • l �.�� i Xt At � �e s''•t� S 'z�.•.3 c...2�fT# res `'' P2se?Fsli Ilk iNk .1, "'M ?'�t`i$7 3r�.� ��c35'�c � ;t t 'y ` ��''�9w'• ��� � 1'�?���'�C,,q 'z�f� � �' y� y� — WL • 'JAS£ f L � Y+^ 4s � •, a= 1 3 � — .n� Attachment 3 To Report PSD-130-07 AMENDMENT NO. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Clarington Official Plan is to delete the Adelaide Avenue Type C Arterial Road designation east of Trulls Road North and Courtice Road North and to amend the Land Use designation and boundary of a portion of Special Study Area 5 to permit the approval of a draft plan of subdivision. LOCATION: The subject site is located within part of Lot 30, Concession 3, Former Township of Darlington within the Municipality of Clarington. BASIS: This amendment is based on the resolution of the General Purpose and Administration Committee on with respect to the Official Plan Amendment Application ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by amending Map B2, as indicated on Exhibit 01", and by amending Map A2 as indicated on Exhibit "2" attached to this amendment. IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding implementation of the Plan shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. 610 ' 1 � � I � Delete: Type C Arterial Road ...._. I ..—._®. a s U I. .. ... . ...... I w�RaB ®••��UMAR BOUNDARY FREEM IQNSTREETF� --- TWE A ARFERICL ®LI • ��ii� ` —TYPE B ARTUM h °•°•-•••--TYPE C ARTERIAL a COLLELMOR ROAD L I m s -------REGIOWL TRANSR SPINE ag aaaaaaaaaaa. 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MAP E12 l\ TRANSPORTATION 4 COURIICE URBAN AREA Ll OFFICIAL PLAN 3 IAUNICIPALITY OF CLARINGTON FEBRUARY 2. 1999 [/{KE ONTAIVIO REFER TO SEMON 19 Di6 CD UMT 5 FRWIDED TOR CONrFNDIf{DNLY - AND RFPRE$DA5 RFOIIESIFD IWpRUigNS IIAI MflWINS 9�w5 E)ChIBIT "1" AMENDMENT No. TO THE MUNICIPALITY OF CL RIINGTON OFFICIAL PLAN "[-!Ap 132, TRANSPORTATION, COURTICE URBAN AREA 611 [o] � O s/i9 SO 1192HIMARI O ��O 0 s r 4rl hTI/F A RUN MAN 191.1 • H : Clarin�JVW�/ �n Leading the.Wny V REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 19, 2007 Report#: PSD-131-07 File #: ZBA 2007-0033 By-law#: Subject: REZONING TO PERMIT THE CONSTRUCTION OF EIGHT SINGLE DETACHED DWELLING UNITS ON 11.0 AND 12.0 METRE MINIMUM FRONTAGE LOTS APPLICANT: ASPEN SPRINGS WEST LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-131-07 be received; 2. THAT provided there are no significant objections received at the Public Meeting, the rezoning application submitted by Aspen Springs West Limited to permit eight single detached dwelling units be APPROVED and that a by-law be PASSED by Council to ADOPT the amendment as contained in Attachment 2 of Report PSD-131-07; 3. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department and a Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: Daifid . ome, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer GF'DJC'sn'av November 13, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 613 REPORT NO.: PSD-131-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Aspen Springs West Limited 1.2 Owner: Same as Applicant 1.3 Proposal: To permit construction of eight single detached dwelling units on 11.0 and 12.0 metre minimum frontage lots. 1.4 Area: 0.32 hectares 1`.5 Location: Part Lot 16, Concession 1, former Township of Darlington, known municipally as 73 Remmington Street. 2.0 BACKGROUND 2.1 On June 1, 2007, Aspen Springs West Limited submitted an application for rezoning that would permit the construction of eight single detached dwellings on 11.0 and 12.0 metre minimum frontage lots. 2.2 In 2003, the applicant submitted an application to amend the Clarington Official Plan (COPA 2003-001) to delete a "Neighbourhood Commercial" designation from the subject lands. This also involved a rezoning application (DEV 97-002) to implement the development of the area following an amendment to a draft approved Plan of Subdivision (18T-96014). The Clarington Commercial Policy Review, implemented through OPA 43 to the Clarington Official Plan in 2005 changed the structure of commercial designations in Clarington. This amendment redesignated the subject lands from "Neighbourhood Commercial" to "Urban Residential'. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are located within the Bowmanville Urban Area, bounded by Remmington Street to the north, Clancy Lane to the east, Bottrell Street to the south and Green Road to the west. Existing urban residential development surrounds the subject property with the exception being to the west of Green Road which is currently vacant though it is designated for urban residential land uses in the Clarington Official Plan. 3.2 The surrounding uses are as follows: North - Urban Residential South - Urban Residential East - Urban Residential West - Vacant (designated for Urban Residential development) 614 REPORT NO.: PSD-131-07 PAGE 3 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement requires that settlement areas be the,focus of growth where infrastructure and public service facilities are located and available. The subject property is within the Bowmanville Urban Area and existing urban services will service the proposed dwelling units. The Provincial Policy Statement also requires that municipalities provide a full range of residential housing types at varying densities. The immediately surrounding area currently has a range of low and medium density . residential development displaying numerous housing types and forms. The proposal to construct eight single detached dwelling units is consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Provincial Growth Plan directs municipalities to manage growth by directing a significant amount of new growth to already built-up areas of the community. This enables more efficient use of existing urban infrastructure services. The proposed dwelling lots are located within a recently built neighbourhood with a blend of low and medium density homes. The West Bowmanville Town Centre is located to the north and offers a good mix of residential commercial, cultural and community uses. The eight proposed dwelling lots will also utilize existing urban infrastructure services. The applicant's proposal to construct eight single detached dwelling units therefore conforms to the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject property "Living Areas." The predominant use of lands within the "Living Areas" designation shall be for housing purposes. The applicant's proposal to construct eight single detached dwelling units conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject property "Urban Residential." The predominant use of lands within "Urban Residential" designation shall be for housing purposes however, corner stores containing no more than 500 square metres are also permitted. The predominant housing forms in low density residential areas include single detached, semi-detached, link and duplex dwelling units. The applicant's proposal to construct eight single detached dwelling units conforms to the Clarington Official Plan. 615 REPORT NO.: PSD-131-07 PAGE 4 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Neighbourhood Commercial Exception with holding symbol ((H) C2-8)." Residential uses are prohibited in this zone except for circumstances where a dwelling unit is located within a portion of a non-residential building that is permitted in the "C2-8" zone. The Applicant is proposing to rezone'the lands to permit the construction of eight single detached dwelling units. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Notice was given ,to the public by mail to each landowner within 120 metres of the subject property and a public notice sign was installed by the Applicant on the Remmington Street and Bottrell Street frontages for a period of one month prior to the scheduled public meeting on November 19, 2007. 7.2 At the time of writing this report, Staff has not received any objections in regard to the proposed rezoning that permit the development of eight single-detached dwellings. 8.0 AGENCY COMMENTS 8.1 The application and associated materials were circulated to a number of agencies for comment. Clarington Building Division, Clarington Emergency Services, Clarington Operations, and Clarington Community Services reviewed the application and have no objections. Additionally, Central Lake Ontario Conservation has reviewed the application and advises that they have no objections. 8.2 Clarington Engineering Services has reviewed the application and would advise that the Applicant will be required to obtain all necessary engineering approvals and implement any engineering changes as deemed necessary to facilitate residential development. 8.3 Durham Region Planning Department has reviewed the application and advises that there are no matters of Provincial interest affecting the subject property. They have also noted that additional service connections to the proposed dwelling unit will be required. The Applicant is required to submit a site servicing plan and engineering drawings to Durham Region Works Department showing the proposed connections. Connection fees will also apply. 8.4 Bell Canada advises that easements may be required for telecommunication services subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the Applicant shall be responsible for the relocation of such facilities or easements. 616 REPORT NO.: PSD-131-07 PAGE 5 9.0 STAFF COMMENTS 9.1 Applications to amend the Clarington Official Plan to delete the "Neighbourhood Commercial" designation were previously submitted in 2005. The "Neighbourhood Commercial" designation was intended to provide items and services of daily necessity for the residents in a surrounding neighbourhood. Through the commercial policy review, the commercial hierarchy was amended and the neighbourhood commercial designation was removed while permissions for corner stores was expanded. The previous applications by Aspen Springs West Limited, to amend the Clarington Official Plan, was denied as the deletion of the "Neighbourhood Commercial" designation would affect convenience commercial services in the south-west area of Westvale Neighbourhood including both sides of Green Road. However, with the commercial policy amendment, there is limited opportunity to enforce such a requirement for at least a corner store at this time. Although this application rezones the lands from a commercial to allow eight residential lots, the policies of the Clarington Official Plan permit up to 500 square metres of commercial floor space in the residential designation at some point in the future. 9.2 The five proposed dwelling lots which would front onto Bottrell Street have varying frontages with the minimum being 10.0 metres. The existing "R2-17" zone to the east of the proposed five dwelling lots allows for 10.0 metre minimum lot frontages with a minimum lot area of 330 square metres. The five proposed dwelling lots would comply with all requirements of the "R2-17" zone and it is recommended that the "R2-17" zone be extended westward to include these new lots. 9.3 The three lots proposed to front onto Remmington Street are larger and more typical 'of the "R1-43" zone which is located immediately to the east of the lots as well as across Remmington Street to north. The three proposed dwelling lots would comply with all requirements of the "R1-43" zone and it is recommended that the "R1-43" zone be extended westward to include these new lots. 10.0 CONCLUSION 10.1 Based on the comments outlined in this Report and provided there are no significant concerns raised at the public meeting it is recommended that the rezoning application to permit eight single detached dwelling units be APPROVED and that a by-law be passed by Council to ADOPT the amendment as contained in Attachment 2 of Report PSD-131- 07. 617 REPORT NO.: PSD-131-07 PAGE 6 Attachment: Attachment 1 - Key Map Attachment 2 - Proposed Zoning By-Law Amendment List of interested parties to be advised of Council's decision: Regional Municipality of Durham Planning Municipal Property Assessment Corporation 618 Attachment 1 To Report PSD-131-07 3Naa 301S ISM ��N r J 3 3Na0 WErnm 0 c 3 C m W 133WS 5 tl31SINNW � G E c Q C z '�I 30 3 C z y� °4 M80 Ntlf1STIN C5 C4 C O m W Z m m W g L ,z� a®•n° 3 N C m u ko o ° C m � ry UNOtl 3 en PART I PN M95r .IM1 �S~Ct TO EASCMNT AS W M-UAMI LOT 44 ..w'w-. - + PW M93, -%9 temxn Ta c.SFWNT et W w,m.v7 BLOCK PART 1 48 - `a PW M9J�• ar I� S$ a'bb'N neon W we PART�T2 I U) RIM LLJ Y i N�b'Te'i f}epn 3 w m +� m t °s PARTY 4 v R• �` � ice- Z a' g 6 Y� Z PART 5 LU O9 3'� taw BLOCK •� \ .$ N�.WN.. -... _._ r.wm• � PW M9N.i105 BLOCK 80 BI OCK 51 GREEN ROAD 619 Anacnmern z To Report PSD-131-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Claringtoni deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with applications ZBA 2007-0033 to permit eight single detached dwelling units; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3"to By-law 64-63 as amended, is hereby further amended by changing the zone designation from: "Neighbourhood Commercial Exception (C2-8) Zone", to "Urban Residential Exception (R2-17) Zone" and "Urban Residential Exception (R1-43) Zone" as illustrated on the attached Schedule"A"hereto. 2. Attachment"A"attached hereto shall form part of this 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 620 This is Schedule to C y-law 200 passed day of 1 REMINGTON � r.T /I I -��r•s��c�f.v�c�`.o�v►s: v•-vim i�jpjpAAAp��pAAAAAAA�OAAAAAAAAiOAAAApppAf 1�AUU :� �AAAAAAAA��AAAAAAAA�rAAAAApApt•ApApApppt�UpA4ppt�i • pAAU♦<rAAAANAAAAi ♦AAAC pAAEi REGIST �AAAUAAAA��AAAAAAAA�aAAAAAAAAifAAAAAAAAf.�FA•pAA4At �ptApfpAp��pAAApppl�wpAAAAAAAiNAAAAUUpA����jppAAAi .p A pop A A A p��p A A A p p p A��pA A A A A A A i�pAAN�•d�At���pA p p p�j .AAAAAAAAlAAARQAAANUAI AAA♦ �AAAANNAA��AAAAtd���AAAC•d�Ai►AAAA�•A�IOOAA�rit �AAUAAehAA•�AAANAt���AAAgci�Ai�AAAAAAAAt�•AAAAtki� �pppppe�.pA1�ApAtO;,.A�AAAA•A9AAi�AAAAAAAAi1�AAAAAA!t 4AAAAAdCO��AAAAA�AA��AAAAAAAAi�ApApAi��t��ppppppt �MAAAAAAA��AAAAAAAA��AAAAAAAAi�AAAAAi�����AAAAAAAt �p®AO�AAA��AAAAAAAA�AAAAAAAAAtPA1AAA�A�1��A7�O s BOTTRELL STREET Zoning Change From "C2-8" To "R1-43" �OAAAA� Zoning Change Jim Abernethy, Mayor Patti L. Berrie, Municipal Clark WIIIIIIIII � ��`���,�� ��m■mi■� Clarin�j�■W� /n Leading the Way V REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 19, 2007 Report#: PSD-132-07 File #: ZBA2006-0031 By-law#: Subject: APPLICATION FOR REMOVAL OF HOLDING FOR LAND DIVISION APPLICATION LD 006/2007 APPLICANT: ARNOT WOTTEN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-132-07 be received; 2. THAT the application submitted by Arnot Wotten to remove the "Holding (H)" symbol be APPROVED; 3. THAT the attached By-law to remove the "Holding (H)" symbol be PASSED and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Reviewed by: Da d rome, M.C.I.P., R.P.P. Franklin Wu Director of Planning Services Chief Administrative Officer SA/CP/DJC/df/sn November 13, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830 622 REPORT NO.: PSD-132-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Arnot Wotten 1.2 Location: 5710 Solina Road, Solina, Part Lot 25, Concession 5, former Township of Darlington (Attachment 1) 1.3 Rezoning: Removal of Holding (H) symbol from "Holding — Residential Hamlet ((H)RH'. 1.4 Site Area: 4029 mZ 2.0 BACKGROUND 2.1 On December 1, 2006, Staff received a request from Arnot Wotten for the removal of the Holding (H) symbol from the subject lands. The application was filed to complete one of the conditions of land division applications that were filed in November 2006. The owner has recently indicated that he is ready to proceed with completion of his land division application, thus this application is being brought forward at this time. 2.2 The land division application was submitted concurrently wifh two other land division applications to create a total of three (3) new lots. Two of the applications were tabled for up to one year to allow the applicant time to complete technical reports that demonstrate there is no adverse impact on adjacent wells and septic systems. The applicant was allowed to proceed with one lot, furthest from other existing dwellings. 2.3 The applicant received approval for LD006/2007 subject to a number of conditions. The applicant is nearing completion of the land division process in terms of fulfilling all the requirements of the Municipality of Clarington for the consent. Subsequently, Staff is recommending the Holding Symbol be removed at this time to facilitate development at the site. 3.0 COMMENTS 3.1 The subject land is located within the hamlet boundary of Solina. The proposed lot will front on Solina Road and be known as 5710 Solina Road. 3.2 The applicant met with Municipal staff prior to submitting the land division applications which enabled the applicant and staff to ensure that other lands owned by the applicant located within the hamlet boundary of Solina do not become landlocked by the development of the three lots fronting on Solina Road. A sufficient area of land was left for future development of a local road when, or if, the remainder of the property is developed. 3.3 Currently the retained lands are vacant and are used for agriculture. The future 407 route does not impact the proposed lot although it does traverse through the retained parcel approximately 260 metres further south of the severed lot. 623 REPORT NO.: PSD-132-07 PAGE 3 3.4 Policies within the Municipality of Clarington's Official Plan permit the use of holding symbols to ensure that prior to development the following matters are addressed and approved to the satisfaction of the Municipality: • Services and municipal works; • Submission of technical studies; • Measures to mitigate the impact of development; • Execution of appropriate agreements; and/or Any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. The approval of a by-law to remove the holding symbol from the lands subject to LD006/2007 is appropriate at this time, as the provisions within the Municipality's Official Plan have been satisfied. 3.5 The Finance Department has indicated that all taxes have been paid for the subject lands. 4.0 RECOMMENDATION 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: Attachment 1 — Key Map Attachment 2 - By-law for Removal of Holding Interested parties to be notified of Council and Committee's decision: Arnot Wotten 624 r ' o.• � 1 .aM Hillt � UFA ►•AID; �/`_ Attachment 2 Report PSD-132-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2007- being a By-law to amend By-aw 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 LID 006/2007; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule"3"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding— Residential Hamlet((H)RH)Zone" to"Residential Hamlet(RH)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 passing hereof, subject to the provisions of Sections 34 and 36 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 Pattie L. Barrie, Municipal Clerk 626 This is Schedule "A" to By-law 2007- , passed this day of , 2007 A.D. E 75m E N � � 118.5m 0N i M LL _ Q N E Z o J 0 6 V HAMLET \ \ \\ \ \ \\ \ \ \\ \ 118.5m\ \ \ BOUNDARY Zoning Change From "(H)RH" To "RH" Zoning To Remain "(H)RH" Zoning To Remain "A-1" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Li CONCESSION ROAD fi IE I ° II i 11 z 3 II II II II II II II 11 1 1 SOLINA 627 (WV0011 REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 19, 2007 Report #: PSD-133-07 File #: ZBA2006-0021 By-law#: Subject: REPORT REGARDING APPEAL OF ZONING BY-LAW AMENDMENT APPLICATION ZBA2006-0021 APPLICANT: JAMES TOSSWILL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-133-07 be received; 2. THAT the Municipality not participate in the Ontario Municipal Board hearing on the appeal of Zoning By-Law 2006-152, passed in response to a privately initiated application by James Tosswill. 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: a . Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer SA/CP/DJC/av/df November 13, 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-133-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: James Tosswill and Emily Wilson 1.2 Appellant: Paul Fitze 1.3 Application: Zoning By-law Amendment: To rezone the subject lands from the "Rural Cluster Exception (RC-2) Zone" and "Environmental Protection (EP) Zone" to an Agricultural zone to permit the keeping of livestock. 1.4 Site Area, 2.74 ha 1.5 Location: The subject lands are located at 7254 Langstaff Road (Attachment 1). The property is contained within Part Lot 5, Concession 7, in the former Township of Clarke. 2.0 BACKGROUND 2.1 On July 7, 2006, the applicantlowner submitted an application to the Municipality of Clarington to rezone the subject lot at 7254 Langstaff Road to permit the keeping of horses on the property. The applicant intended to have pasture/corral for grazing horses, and did not intend to construct a barn or any other agricultural type building. 2.2 A number of questions were raised by the neighbour, Paul Fitze, at the public meeting for the application on September 18, 2006. The questions and concerns included: • Nutrient Management Act requirements; Minimum Distance Separation requirements; • Clarington's By-law 99-90 (a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington) requirements; and, • Health Department requirements. 2.3 Staff investigated each of these requirements thoroughly through consultation with the Ministry of Agriculture, Food and Rural Affairs, the Municipal legal advisor and the Health Department. It was concluded that: • The Nutrient Management Act and Minimum Distance Separation requirements are not applicable legislation as the applicant is not proposing any buildings or structures to house the horses at this time; • Clarington By-law 99-90, would regulate all animals and thus require a building to be constructed to shelter the horses, is not applicable as this By-law cannot supersede provincial legislation regarding normal farm practices; and • The Regional Health Department has no objection to the approval of this zoning by-law amendment. 629 REPORT NO.: PSD-133-07 PAGE 3 2.4 Staff also reviewed the historical uses in the area and current development. Agriculture is a prevalent use, with the property directly across Langstaff Road to the east keeping cattle on a 66 ha farm. 2.5 A decision was made by Clarington Council on June 25, 2007 - to approve the application. A copy of the Staff Report is contained in Attachment 2. 2.6 The neighbouring property owner, Mr. Paul Fitze appealed the decision of Council on July 25, 2007, to the Ontario Municipal Board. A copy of the written appeal is contained in Attachment 3. 3.0 APPEAL 3.1 The appellant has cited in his written appeal (Attachment 3) that the approval of the rezoning application negatively affects his residential property abutting to the south. There is no dwelling located there at this time, but it is his intention to use the property in compliance with the zone provisions, for a rural residential dwelling. The negative effect includes the smell of the horses and associated flies. The appeal also stated that the notice of the recommendation report was not delivered in a timely planner and he was unable to request to address Council. 3.2 For clarification on the appellant's concern regarding notice, the notice of the meeting was delivered directly to the appellant's mail box prior to the General Purpose and Administration Committee meeting, on Wednesday, June 13, 2007. The letter is the standard municipal notice of a recommendation report that states when the report will be at General Purpose and Administration Committee. The letter also contains instructions for obtaining a copy of the report and how to appear as a delegation at Committee or Council 4.0 RECOMMENDATION 4.1 It is a policy of the Municipality of Clarington only to attend the Ontario Municipal Board in support of a privately initiated application if the applicant agrees to pay for the Municipality's legal fees. However, an applicant can subpoena a staff member to testify as a witness in accordance with the Board's Rules of Procedures. It is anticipated that the applicant will subpoena Staff to appear to testify. Attachments: Attachment 1 — Key Map Attachment 2 — Planning Services Report PSD-081-07 Attachment 3 — Letter of Appeal Attachment 4 — Council Resolution Interested parties to be advised of Council's decision: Ontario Municipal Board c/o Matthew Blevins 630 Attachment 1 To Report PSD-133-07 aroa :sloe a _ N W 3 c € ° c' 4 Q to m woa iivls�xv, - O � m � Ng E £ � mm W N z c O � N Q. I ana aaoaaw n GVOb =IJVISJNdl wL£'Z£ wEZ'SLL M.OZ,ZE.9LN — — — — 3.0£,9Z.£LN w6E'L ELZ'9L W££'6 3.OE.9Z.ELN 3.0£.9Z.ELN M.OZ,ZE.9LN / fl I I I E !3 �0 cli E Emu fV o C r N ^ LU w v C o o c /:;F E 0 N N Z W /C 2 1 I I� I w 1 �p o wZtr'9tr n . I _ Z N L L wL5'trL M.OZ,6£.9LN 631 Attachment 2 To Report PSD-133-07 CJ�arJ�. n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 18, 2007 Report#: PSD-081-07 File M ZBA 2006-0021 By-law#: Subject: ZONING BY-LAW AMENDMENT TO REZONE FROM RURAL CLUSTER ZONE TO AN AGRICULTURAL ZONE APPLICANT: JAMES TOSSWILL AND EMILY WILSON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-081-07 be received; 2. THAT the rezoning application submitted by James Tosswill and Emily Wilson be APPROVED; 3. THAT the amending By-law attached be forwarded to Council for APPROVAL; 4. THAT a copy of Report PSD-081-07 and the attached amending By-law be forwarded to the Durham Region Planning Department; and, 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: D id . Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer SA/CP/DJC/df/jd June 12, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-0830 632 REPORT NO.: PSD-081=07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: James Tosswill and Emily Wilson 1.2 Proposal: To rezone the subject lands from the "Rural Cluster Exception (RC- 2) Zone" and "Environmental Protection (EP) Zone" to an Agricultural zone to permit the keeping of livestock. 1.3 Site Area: 2.74 ha 1.4 Location: The subject lands are located at 7254 Langstaff Road (Attachment 1). The property is contained within Part Lot 5, Concession 7, in the former Township of Clarke. 2.0 BACKGROUND 2.1 On July 7, 2006, the applicant/owner submitted an application to the Municipality of Clarington to rezone the subject lot at 7254 Langstaff Road to permit the keeping of horses on the property. The applicant intends to have pasture/corral for grazing horses, and at this time does not intend to construct a barn or any other agricultural type building. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 Currently there is a single detached dwelling located on the subject property. The property has been identified by the Ganaraska Region Conservation Authority as having some lands within the Provincially Significant Kendal Wetland Complex (PSW). The horses are currently contained in paddocks in the rear yard of the dwelling, outside the PSW. 3.2 Surrounding Uses: North: existing rural cluster lot—vacant South: existing rural cluster lot—vacant East: agricultural West: agricultural 4.0 PROVINCIAL POLICIES 4.1 Provincial Policy Statement The Provincial Policy Statement 2005 (PPS) states that prime agricultural lands are to be protected and that development and site alteration shall not be permitted in significant wetlands. 633 REPORT NO.: PSD-081-07 Page 3 4.2 Greenbelt Plan The Greenbelt Plan identifies the subject property as being within the Greenbelt area and within a Natural Heritage System. The Natural Heritage System is an area with a high concentration of Key Natural Heritage Features and Key Hydrologic Features, which include both significant woodlands and wetlands. This property contains both a significant valleyland and a provincially significant wetland. New development or site alteration is not permitted in key hydrologic features and key natural heritage features. However, the applicant is not proposing any new built form.. There is an existing pasture area on the property, and the applicant is not proposing any site alteration. Also, this application is seeking to rezone the property into conformity with the Regional and local Official Plans, which do not contain a Cluster designation. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The lands are designated "Prime Agricultural Areas" in the Durham Regional Official Plan. The Regional Official Plan does not recognize the rural cluster zoning, as the policies of this plan do not permit rural clusters within Prime Agricultural Area designations. 5.2 Clarington Official Plan The lands are designated "General Agricultural" and "Environmental Protection Area" in the Clarington Official Plan. A Rural Residential Cluster symbol was proposed in the Clarington Official Plan during the Oak Ridges conformity exercise (Amendment No. 34). However, the Region, as the approval authority, modified OPA 34 to delete the cluster designation prior to approval of the conformity amendment. The Official Plan recognizes a portion of the site as a Significant Valleyland and a Provincially Significant Wetland (PSW). Any development in or within 120 metres of a significant woodland or a significant natural heritage feature that has been identified by the Province requires an Environmental Impact Study (EIS). As noted above, this is not development in the sense of buildings intensifying the property. There are existing pasture areas on the property, the existing dwelling is located between the pasture and the wetland and the pasture area appears to be fenced on all four sides, restricting access from the pasture to the wetland area. 6.0 ZONING BY-LAW 6.1 The subject lands are currently zoned "Rural Cluster Exception (RC-2) Zone" and "Environmental Protection (EP) Zone". The applicant has requested to permit agricultural uses, specifically the keeping of horses for summer grazing. 634 REPORT NO.: PSD-081-07 Page 4 6.2 The rural cluster use on the subject property was established in 1983, by amendment to the Township of Clarke Zoning By-law, By-law 1592 (May 23, 1968). This amendment zoned the property "Agricultural Exception (A-15) which permitted one single family dwelling per lot, building and structures accessory there to, on lots a minimum of 1.94 ha in area. Two areas noted as Block 1 and Block 2 in the zoning amendment prohibited buildings, structures, septic tanks and the beds on those lands within Block 1 and 2. The current zoning by-law indicates these lands as Environmental Protection (EP), which also prohibits buildings or structures in this area. 7.0 PUBLIC SUBMISSION 7.1 A Public Meeting was held on September 18, 2006. One objection was received from Mr. Fitze, the adjoining property owner to the west. The concern is that this is a long established rural residential cluster and the neighbour does not consider the introduction of livestock advisable. Since the horses have arrived in late June of 2006 they have noticed a substantial increase in the number of flies at their dwelling. The property does not appear large enough to accommodate the seven (7) horses they have noted grazing. The fencing is inadequate as the horses have been noted in a neighbouring cash crop field. The neighbour also mentioned concerns regarding their well water and potential contamination. The neighbour's concerns are addressed in Section 9.4. 8.0 AGENCY COMMENTS 8.1 The Ganaraska Region Conservation Authority in their review of the application noted that a portion of the property is located within a Provincially Significant Wetland (PSW), the .Kendal Wetland Complex and a portion of the property is within a Regional Storm flood plain (see map next page). 635 REPORT NO.: PSD-081-07 Page 5 1 Wa Boundaand ry F Flood Plain l� 1 n (GRCA) 8.2 Comments from the Regional Planning Department offer no objection to this application. It was at their instigation that the Cluster symbol was removed from this area, returning the lands to an agricultural land use designation. The Region suggests that fencing be used to keep the animals from the wetland/creek area of the property. 8.3 The Regional Health Department has no objection to the keeping of horses on this property. 8.4 All other agencies/departments circulated had no objection to this application. 9.0 STAFF COMMENTS 9.1 The current owner, Mr. Tosswill, purchased the property in 1999. At that time the property was vacant. A building permit was obtained for a dwelling with an attached garage, and the building was constructed later that same year. The following ortho photo indicates the location of the dwelling and it's proximity to the creek. 636 REPORT NO.: PSD-081-07 Page 6 ' 7 ZBA 2006-0021 2005 Ortho Photo 9.2 The subject property is subject to a right-of-way for a means of access to the Fitze farm property located to the west of the subject lot, at 7222 Langstaff Road. The lane way is evident located along the south property line in the photo above. 9.3 The applicant has indicated that at this time there is no intention to construct any farm buildings to house the horses. His intent through the rezoning application is to permit the horses to graze on the property. A site inspection of the property noted that the pasture/corral area in which seven horses are contained is enclosed with an electrical fence. The area appeared to be cordoned into two distinct areas with horses in each. 9.4 Concerns were raised both in writing and at the public meeting by an abutting property owner. These concerns included: the Nutrient Management Act requirements, Minimum Distance Separation requirements, Clarington's By-law 99-90 (a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington) requirements and Health Department requirements. i) The Ministry of Agriculture, Food and Rural Affairs (OMAFRA) staff have indicated that the Nutrient Management system is not applicable as the applicant is not proposing any buildings or structures to house the horses at this time. ii) Minimum Distance Separation (MDS) Formulae are used to calculate the minimum required separation between a building housing livestock or a manure storage area and a residence on a neighbouring property. These policies are only applicable to a building or structure, not to a fenced in pasture area. As noted 637 REPORT NO.: PSD-081-07 Page 7 noted above, the applicant is not proposing any buildings or structures to house the horses, thus MDS is not applicable. iii) Clarington's By-law 99-90 is a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington. The definition of "ANIMAL" within By-law 99-90 states, "that animal §hall include all mammals, and in Section 12.2 that "where an animal is customarily kept out-of- doors, the owner shall at all times provide for the use of the animal a structurally sound, weatherproof, insulated enclosure with off-the-ground flooring! However, the Farming and Food Production Protection Act, 1998 states in Section 6(1) that "no municipal by-law applies to restrict a normal farm practice carried on as part of an agricultural operation." Staff sought legal opinion on this statement and were advised that our by-law (By-law 99-90) cannot supersede provincial legislation regarding normal farm practices. iv) The Ministry of Agriculture, Food and Rural Affairs does not regulate housing for horses or have a minimum lot area requirement per type and number of livestock. The Ministry does recommend housing for horses for winter months, however, these horses are kept at a farm outside the Municipality of Clarington from October to May and thus shelter is not required. There are no requirements for summer shelter. 9.5 If the property owner wishes to construct a farm building to house horses a further zoning amendment would be necessary. If that were to occur, the Clarington Official Plan policies and the MDS setbacks would apply. The building permit would require a Nutrient Management Strategy to be undertaken by a qualified professional prior to issuance of the building permit. Manure storage would be a key component of the,. analysis for MDS and Nutrient Management. 9.6 A complaint was filed with the Ontario Society for the Prevention of Cruelty to Animals in August of 2006 regarding the horses being kept at 7254 Langstaff Road. Planning Staff were provided with a copy of the complaint and the outcome. The complaint was regarding the keeping of horses in too small and area with inadequate food, shade or water. The complaint was deemed to be false and the investigator noted the horses were very fit and that the conditions were clean and acceptable. There were no grounds for any action or OSPCA orders. 9.7 This area of Clarington, surrounding the subject property, is to a large extent used for agriculture as is evidenced in the ortho photo (2005) following. For example, there are cattle kept on a 66 ha (165 ac) farm directly east across Langstaff Road from the subject property. The change in use from rural residential to agricultural would be in keeping with the area. 638 ¢� ,•�'r •"-P�:..art..�' �i� `'zi`�F �. *�'+�^j% ,s' �`�t'�a ��xY"+�^- �`�*- Ogg- 2.i `.ak`5'. '"� ri u,i✓$% { *`,w- vfi E""�`rT :. Fr- +P� 1^ e���s� s,�' P' �a..,3'vs � �, 3 z ; �' •h MR B'MEi �4 3 �l.y ��� a�,�� � +w�^('^^-�.-a LET � • c ,.£,'2 - W3 a7 -u�'` gam_•.z:-a., a 3.> W. ?Lse `�"*T Attacnmeni i To Report PSD-081-07 w a x N W O PA w ® o g w € C? a F e°v E Qm � w O a`5 d m a J N Z f _ y a ` oroa a:rmv Q (]Vol:] JJVISJNVI Wl£'ZE WEZ'sLt M.OZ.ZE.9M 3.0£.9Z e 1 E — r W6£'l W£E•6 3.OE.9Z.ELN 3.OE.9Z.ELN LZ'SL M.OZ.ZE.9M r r i r R r3 Cl) cz rt I N C r� lu i W 03 D M O cv 0 D x Cd r Z Z r i I W r E:) M.OE.6S.l L o ^ WZ4'9b WLS•t+L M.,0Z.6E.9M 640 Attachment 2 To Report PSD-081-07 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 ZBA2006-0021; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4 "SPECIAL EXCEPTIONS — AGRICULTURAL ZONE" is hereby amended by adding thereto the following new Special Exception 15.4.79 as follows: "6.4.79 AGRICULTURAL EXCEPTION (A-79)ZONE Notwithstanding Section 6.1b. those lands ;zoned "A-79" on the attached Schedule to this By-law shall be subject to the following zone regulations: a) Permitted Uses: i) a fans exclusive of any buildings to house livestock 2. Schedule "2" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from 'Rural Cluster Exception (RC-2) Zone" to 'Agricultural Exception (A-79) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule"A"attached hereto shall form part of the By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Ad: 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 641 This is Schedule "A" to By-later 20 07- , passed this day ®f . 2007 A.D. I I N71°50'00"E 203.02m v v v o°, ,w E vvvvvvvvvvv EN mm v v v v v v v v v vvv M MN - vvvvvvvvvvvV IMz "A r vvvvvvvvvvv I z 3 vvvvvvvvPvvvvvv vvvvvvvvvvvvv -n°1 vvvvvvvvvvvvvv vvvvvvvvvv vvv �o vvvvvvvvvvvv I E z vvvvvvvvvvvvv I H vvvvvvvvvvvv vvvvvvvvvvvv ) vvvvvvvvvvvv IE0) N79°23.g7m vvvvvvvvvvvv IM I LL 0830 "E vvvvvvvvvv I'06 c Q vvvvvvvvvv Ism m F- vlvvlvvvvvvvlq i �E vvvvvvvvvv lb �� vvvvvvvvvv lNz z pNt vvvvvvvvvv ao Q _ ° VVVVVVVVVV IYo -� Z_ vvvvvvvvvv IZ 8.23 vv v v v v v v v N I IN84-02,30.E W de Right ofWa Y Q v v v v v vv I v v v-v v . I Taq.7gm I I I I I ® Zoning Change From "RC-2"To"A-79" I Zoning To Remain "RC-211 A ® Zoning To Remain "EP" ( /( Jim Abernethy, Mayor Patti L Barrie, Munidpal Clerk J OT 10 LOT 9 LOT 8 LOT 7 LOT fi LOT 5 LOT 4 LOT 3 II LOT 2 U LOT 1 --------1----- 1 II 1 <Q II. Of 1 O O K n it K p U o IL N � W 0 U o W N F. D 2 O p O 3 i o 1 Clarke 642 '07aL25 M11:21;o9 r-C Attachment To Report PSD-133-07 P hk. — 41,L J. _.(.Q..- _, Q rrXXA_ll.aiCG2(� v,LL-- ` a f-Le'6e,-c-,-L . .-C.Sc._ .. .--. !_ C v- r r' zL-- 643 Attachment 4 To Report PSD-133-07 kq_ 11 ntario June 26, 2007 A.L. Georgiff Durham Region Planning Services 605 Rossland Road East P.O. Box 623 Whitby, ON LIN 6A3 RE: ZONING BY-LAW AMENDMENT TO REZONE FROM RURAL CLUSTER ZONE TO AN AGRICULTURAL ZONE APPLICANT: JAMES TOSSWILL AND EMILY WILSON FILE : D142BA2006-0021 At a meeting held on June 25, 2007, the Council of the Municipality of Clarington approved the following resolution GPA-425-07: "THAT Report PSD-081-07 be received; THAT the rezoning application submitted by James Tosswill and Emily Wilson be approved; THAT the amending By-law attached to Report PSD-081-07 be forwarded to Council for approval; THAT a copy of Report PSD-081-07 and the attached amending By-law to Report PSD-081-07 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-081-07 and any delegation be advised of Council's decision." Please be advised that By-law 2007-152 was approved by Council. Yours truly C nne Gree tree, B.A., CMO Deputy Clerk CAG'mea Enc. cc: James Tosswill & Emily Wilson JPaul Fitze CORPORATION OF THE MUNICIPALITY OF CLARINGTON David Crome, Director of Planning Services 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 9056623-3379 Clarin��W�/�/n Leadinglhe Way V PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 19, 2007 Report#: PSD-134-07 File #: ZBA 2007-0047 By-law#: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: MEARNS EAST DEVELOPMENTS INC. DUNBURY MEADOWS — PHASE II RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-134-07 be received; 2. THAT the request for Removal of Part Lot Control by Mearns East Developments Inc. with respect to Lot 12 and Blocks 32 and 33 inclusive on Plan 40M-2202, be APPROVED and that the attached Part Lot Control By-Law be PASSED pursuant to Section 50(7.1) of the Planning Act and a copy forwarded to the Regional Municipality of Durham Planning Department ; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted b � Y� Reviewed by: Dav rome, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer LT*DJC*av November 6, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE ST_ REET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 645 REPORT NO. PSD-134-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Mearns East Developments Inc. (Dunbury Homes) 1.2 Location: Part Lot 8, Concession 2, former Township of Darlington 2.0 BACKGROUND 2.1 On August 30, 2004, Staff received a request from Mearns East Development Inc. for the removal of the Part Lot Control with respect to Lots 1 to 12, 21 to 24 inclusive and Blocks 29 to 36 on Plan 40M-2202 2.2 Draft Plan of Subdivision 18T-95005 received approval for 12 single family dwelling units, 32 semi-detached dwelling units and 40 townhouse units. The removal of Part Lot Control was to facilitate the construction of the approved semi-detached dwelling and townhouse units. 2.3 The General Purpose and Administrative Committee endorsed Staff Report PSD-113- 04 and Council at their September 27th, 2004 meeting approved By-Law 2004-210, being a by-law to exempt said Lots and Blocks within Registered Plan 40M-2202 from Part Lot Control 2.4 On October 25th, 2007, Staff received a request from Mr. Phillip Litowitz on behalf of Mearns East Developments Inc. for the removal of Part Lot Control with respect to Lot 12 and Blocks 32 and 33,on Registered Plan 40M-2202. This application is a result of the previously approved removal of Part Lot Control By-Law for Lot 12 and Blocks 32 and 33, expiring on September 27th, 2007. 3.0 STAFF COMMENTS 3.1 Staff has no objection to the approval of a By-Law exempting the subject lands from Part Lot Control. Attached is a By-Law (Attachment 2) to exempt the subject lands from Section 50(5) of the Planning Act. 3.2 In accordance with the procedures established in the delegation of Part Lot Control By- Laws, Planning Staff will forward to the Regional Planning Department the "Unit Type and Number Summary Table" (Attachment 3), along with a copy of the Part Lot Control By-Law. 3.3 The Finance Department advises that the taxes have been paid in full. 3.4 Staff recommends that the By-Law be in force for a three (3) year period following Council approval, ending November 26, 2010. 646 REPORT NO.: PSD-134-07 PAGE 3 4.0 RECOMMENDATIONS 4.1 It is recommended that Council APPROVE this application and ADOPT the attached Part Lot Control By-Law for Lot 12 and Blocks 32 and 33 on Plan 40M-2202 Attachments: Attachment 1 - Site Location Key Map and Lands Affected by Part Lot Control Removal Attachment 2 - By-Law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table for 40M-2332 Interested parties to be advised of Council's decision: P. Litowitz, Mearns East Developments Inc. 647 Httacnmehx .i To Report PSD-134-07 m � o N � V N� m 133x15 HOf10a0 � � J � O. S p In 3� ti CL J o c 30N3Av SNa13R ~ m C J u ORIVE O. a3d00H - Y L 3NNO 31VOSLAOS V Q m A m A9MIola 133111 1s 'j ABYAOIa IL LF 0 O cr- J I g d jm ¢ Q Q m ^p� 'HIE R= 5Z Name O o� e m r 'a - Ez �0 0 O O ON livi f ms m OJM �n 90 JOO19 J m ONIN300 atlOtl n ...�.n r. mew ~� ! I I V '•J / 1 V ve�s3a I.ru• .• S I V O V g3 Y V 35tl353tl uL'0 9NIH3]M A wm., a m ° o m m 648 Attachment 2 To Report PSD-134-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to exempt certain portions of Registered Plans 40M-2202 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lot 12, Blocks 32 and 33 on Plan 40M-2202 registered at the Land Titles Division Of Whitby; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in paragraph 2 within the By-Law. 2. That this By-Law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lot 12, Blocks 32 and 33 inclusive on 40M-2202 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-Law shall be in force for a period of three (3) years ending of November 26, 2010. BY-LAW read a first time this day of 2007 BY-LAW read a second time this day of 2007 BY-LAW read a third time and finally passed this day f Y 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 649 Attachment 3 To Report PSD-134-07 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan#: 40M-2202 By-Law: Blocks 32 and 33 Townhouse - 8 No Change Lot 3 to 12 Semi- Detached - 2 No Change Total Units -10 No Change 650 Clar�n � Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 19, 2007 Report#: PSD-135-07 File #: PLN 23.5.14 By-law#: Subject: HIGHWAY 407 ENVIRONMENTAL ASSESSMENT— MUNICIPALITY OF CLARINGTON COMMENTS ON THE ALTERNATIVE METHODS (ROUTE SELECTION) REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-135-07 be received; 2. THAT Report PSD-135-07 be approved as the Municipality of Clarington's comments on the Highway 407 East Environmental Assessment Alternative Methods Report (Final Draft), dated August 2007; 3. THAT the Ministry of Transportation be requested to establish a working group, to include the area municipalities, the Region of Durham, and the Conservation Authorities, to develop a comprehensive strategy for dealing with the remnant parcels created by the 407 mainline and Links; 4. THAT the Ministry of Transportation be further advised that it is the position of the Municipality of Clarington that grade separations should be constructed on all local roads that would otherwise be truncated by the 407 main line and East Link; 5. THAT the Clarington Highway 407 Community Advisory Committee, the Clarington Agricultural Advisory Committee, and the Clarington Heritage Committee be thanked for their input and assistance in preparing this report; 6. THAT a copy of Report PSD-135-07 and Council's decision be forwarded to the Ministry of Transportation and TSH; and 7. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 651 REPORT NO.: PSD-135-07 PAGE 2 Submitted by: Submitted by: Davi . Crome, M.C.I.P., R.P.P. A.S. Cannella, C.E.T. Director of Planning Services Director of Engineering Reviewed by: Fran lin Wu, C.A.O. JAS/FUDC/df/sh 14 November 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 652 REPORT NO.: PSD-135-07 PAGE 3 1.0 BACKGROUND AND PURPOSE OF REPORT 1.1 The purpose of the Environmental Assessment (EA) for the eastward extension of Highway 407 is 'to address existing and future anticipated transportation capacity deficiencies within the Region of Durham and to determine the transportation needs from a Provincial perspective. The EA Study has proceeded through a number of steps, as discussed below: • January 2005 - Approval of the Terms of Reference for the EA Study • Winter 2005 to Spring 2006 — The identification of a Preferred Transportation Alternative and Preliminary Study Area. The alternative selected involves the construction of a new freeway/transit way corridor, as well as a number of other elements, including Transportation Demand Management and major transit improvements. • Summer/Fall 2006 — the generation, screening and evaluation of a Long List of Route Alternatives. This resulted in the identification of a Short List of Route Alternatives for the east-west Mainline and the East Durham and West Durham Links. 1.2 Over the past several months, the Ministry of Transportation (MTO) study team has evaluated the short-listed alternative routes in order to identify a Technically Recommended Route for the Mainline and the two links. The study team was guided in this evaluation by a set of factors, criteria and indicators intended to address each aspect of the "environment' as defined in the Ontario Environmental Assessment Act. As such, the evaluation encompassed the natural, social, land use/economic and cultural environments within the Study Area, as well as technical considerations related to the various alternatives. The factors, criteria and indicators used by the Study team to evaluate the Short List of Route Alternatives are provided in Attachment 2. 1.3 The evaluation of the Short-List route alternatives was a three-step process. The first step involved an inventory of existing conditions associated with each alternative route, with each feature being examined to determine the extent of impact. The second step was to assess the results of these investigations against the Criteria and Indicators as set out in Attachment 2. After determining the initial potential effects, standard mitigation, avoidance, enhancement and compensation measures were applied in order to determine the net effects. The last step involved a comparative evaluation of the alternative routes in order to select a preferred alternative. As such, the net effects identified for each alternative route are assessed relative to the net effects identified for the other alternatives. 1.4 In June 2007, the Study Team released the results of their evaluation of the Short List of Alternative Routes and identified a Technically Recommended Route for the highway/transitway and the two links. The entire recommended route through Durham Region is shown on Attachment 3 while the Clarington portion is shown in more detail on Attachment 4. The proposed transportation corridor will be 170 m wide on the 653 REPORT NO.: PSD-135-07 PAGE 4 Mainline from the current terminus in Pickering to the East Link, to accommodate the highway (110 m) and a transitway (60 m). The remainder of the Mainline and the East Link will be 110 m wide. MTO has indicated that, although the EA Study does not specifically address implementation, lt is the Province's intention to have all construction work for the highway completed in a single phase with a targeted completion date of 2013. 1.5 The technical documents related to the Short List evaluation and the identification of the Technically Recommended Route were provided to the Municipality and other agencies in September 2007. These documents describe the methodology used to generate, screen, assess and evaluate the various route alternatives and provide a summary of the net effects analysis and comparative evaluation results on a section by section basis. 1.6 The purpose of this Report is to provide a brief overview of the Short List route evaluation undertaken by the MTO study team, and to provide the Municipality of Clarington's comments on the evaluation and the subsequent identification of the Technically Recommended Route for both the Mainline and the East Link through Clarington. The supporting technical documents included that section of the 407 Mainline between Townline Road and Enfield Road within the Central Mainline, making it difficult to separate out specific issues related to the Clarington section of the Central Mainline. As such, comments in this report related to specific impacts (eg. number of agricultural properties affected) generally. relate only to the East Mainline and the East Link, which are included wholly within Clarington. However, the Clarington section of the Central Mainline is relatively short (approximately 2.5 km) and shares most of the characteristics (rural/agricultural) of the East Mainline. 1.7 Comments are indicated in bold italics. In preparing this report, comments from the Central Lake Ontario Conservation Authority, the Ganaraska Region Conservation Authority, the Clarington Highway 407 Community Advisory Committee (which included comments from the Clarington Agricultural Advisory Committee), the MMM Group Limited (retained by the Municipality to assist in the review of transportation impacts), and the Clarington Heritage Committee were also considered. These comments form Attachments 5 through 9 to this report. 2.0 NATURAL ENVIRONMENT EVALUATION 2.1 The natural environment evaluation examined groundwater, surface water quality and quantity, fisheries and aquatic habitat, vegetation, wetlands, wildlife, environmentally significant features, and landscape connectivity. The Central Lake Ontario Conservation Authority (CLOCA) and the Ganaraska Region Conservation Authority (GRCA) undertook the review of the natural heritage evaluation for the Municipality. Their comments are attached to this report as Attachments 5 and 6 respectively. 2.2 Both Authorities noted that their comments had been prepared without having had the opportunity to review the detailed field work reports prepared by the MTO study team. In addition, much of the impact on the natural heritage system will not be determined 654 REPORT NO.: PSD-135-07 PAGE 5 until the functional design stage more precisely defines the location of specific works related to the 407. The Conservation Authorities have indicated that they expect to revise their comments once they have had the opportunity to review the field reports and the functional design study. 2.3 A significant deficiency in the EA Study relates to the failure of the natural heritage impact evaluation to address the issue of landscape connectivity. The Study only recognizes connectivity between larger natural heritage features considered to be core features, rather than across the landscape and between all natural areas. For example, although high and low quality linkages have been identified in the Study, they generally do not include the major valley systems. By not recognizing the importance of connectivity within the natural heritage system at'a landscape level, the EA Study has not properly evaluated the impacts of the route alternatives related to habitat and watershed fragmentation. 2.4 Given the length of highway to be built in Clarington, a number of significant and sensitive environmental features and areas will be affected by the construction and operation of the Mainline and East Link. These features include numerous stream valleys, the Black-Farewell Provincially Significant Wetland (PSW) Complex, and the Lake Iroquois Beach. For example, the impact of road salt, sediments, and fuel draining off the highway could have a significant impact on water quality in steams and wetlands. As noted earlier, much of the actual impact on these and other individual environmental features, as well as the natural heritage system as a whole, will be determined through the functional design component of the EA Study. Comments 2.5 Spanned crossings across valleys and other sensitive and significant environmental features and areas should be used wherever possible to limit the impact on aquatic habitats and maintain the integrity of wildlife habitat corridors. Separate spans for each direction should also be considered to allow light to pass through to encourage wildlife passage. To minimize the impact of lighting on wildlife, including insects, lighting should be used only where necessary, such as at interchanges. 2.6 The EA Study addresses the potential impact of the various route alternatives on the existing natural heritage system, and does not identify the opportunities for potential natural heritage enhancement. For example, the Study does not identify opportunities for enhancing wildlife corridors that may be adversely impacted, nor does it discuss the potential for remnant parcels created by the two highways to be used to enhance the natural heritage system. These opportunities need to be more fully investigated during the functional design component of the EA. 2.7 Highway 407 Mainline 2.7.1 A total of 12 route alternatives were considered in the Mainline section between Enfield Road and Highway 351115. The recommended route through this section 655 REPORT NO.: PSD-135-07 PAGE 6 crosses a number of surface water features, including high sensitivity fish habitat streams, of which approximately two-thirds (1500 m) would be spanned. It would remove 0.94 ha of the Provincially Significant Black-Farewell wetland complex, and sever or encroach into five highly sensitive Environmentally Sensitive Areas (ESAs). This route, as with a number of the other alternatives, also crosses the Iroquois Shoreline which acts as headwater areas for a number of streams. However, when compared to the other 11 alternatives, this route was found by the MTO study to have a relatively low impact on the natural environment. 2.7.2 The Solina Bog, which is a part of the Solina PSW Complex, is a relatively unique feature in southern Ontario and is the only bog in CLOCA's jurisdiction. Both route alternatives considered through that section of the 407 west of the East Link would run very close to this feature. Given that the bog is completely dependent on surface drainage, CLOCA has indicated that the hydrology of the wetland needs to be studied in further detail to determine the bog's catchment area. The southern limits of the highway corridor should then be re-defined to coincide with the northern limits of the catchment area. CLOCA has also recommended that, given the bog's dependence on surface drainage, a comprehensive mitigation strategy should be in place prior to route construction that addresses pre- and post-construction impacts to the bog. 2.7.3 GRCA noted that, of the route alternatives affecting their jurisdiction, the recommended route appears to have the lowest effects on natural heritage features. GRCA also supports the location of the 407 to the south of the Oak Ridges Moraine, noting that this will help limit impacts on sensitive groundwater recharge areas. 2.7.4 Nonetheless, the Authority noted a concern with how the EA Study evaluated the potential impact on groundwater recharge and discharge areas. For example, the evaluation of effects on groundwater recharge was based on regional surficial geology mapping and ignored the important contribution of hummocky terrain both on and off the Moraine to groundwater recharge functions. There is limited information on locations of groundwater discharge areas, methodologies used in identifying these areas and their linkage to other environmentally sensitive features. In addition, no fluvial geomorphic analysis has been completed to determine the potential effect of increased volume of discharge to the upper headwaters of streams such as Wilmot and Orono Creeks. Comments 2.7.5 The 407 Mainline should be shifted northward in the vicinity of the Solina Bog to remove the highway from the bog's catchment area. MTO should also develop a comprehensive strategy to protect the bog, including the diversion of surface runoff from the highway away from the bog and the placing of the wetland in public ownership should the lands be acquired as a result of land purchases for the development of the 407. 2.7.6 The EA Study, including the functional design component, should also comprehensively address the potential impacts of highway construction and operation on the recharge and discharge functions of the groundwater system, 656 REPORT NO.: PSD-135-07 PAGE 7 and on water quality in the various streams that originate in both the Oak Ridges Moraine and the Iroquois Beach. 2.8 East Durham Link 2.8.1 All of the route alternatives for the East link bisect the Lake Iroquois Beach. The recommended route crosses a number of high sensitivity streams (almost all of which would be spanned) and removes 8 ha of the Black-Farewell PSW. It was found to have moderate net effects on surface water quality and quantity, and moderate risk to high sensitivity fish habitat. It would also have high net effects on shallow water supply wells, intersecting a total of 52 shallow wells within the 500 m buffer. This route was found to have the least impact on the natural environment, including wetlands, core wildlife habitat areas, groundwater, vegetation and ESAs. CLOCA Staff agree that the recommended route for the East Link poses the least impact to the natural environment of the 13 route alternatives considered. 2.8.2 However, CLOCA has indicated a serious concern with whether the East Link should be constructed in the area between Bowmanville and Courtice, given the overall impact that the highway will have on the functions of the Lake Iroquois Beach, and its importance to fisheries, groundwater recharge and discharge, wildlife habitat, biodiversity, and regional connectivity. This section of the Beach is the largest and most functional remaining area of the Beach in CLOCA's jurisdiction. The location of a highway in this area will create an almost impassable barrier for the east=west movement of wildlife. The effects of the highway on the quality, quantity and movement of groundwater and the many sensitive vegetation communities dependent on groundwater have also not been adequately studied. 2.8.3 CLOCA staff have indicated, given the significant environmental impact of the East Link on the valuable ecological functions of the Lake Iroquois Beach, they are unable to support the approval of the highway. They have recommended that alternative options for the Link be introduced or reconsidered, or that the approval of the East Link be postponed until it can be demonstrated that the effects of this highway can be mitigated appropriately. Comments 2.8.4 The Municipality acknowledges CLOCA's concerns with the potential environmental effects of the East Link. However, we are unable to support the Authority's position that the East Link not be approved. To fully evaluate the impacts of not building the East Link, a more complete understanding of the implications is necessary. For example, should the East Link not be built, improvements to both Regional and local roads in the area may be required to accommodate traffic moving between Highway 401 and the future 407 mainline. The community, economic, property and environmental effects of these alternatives have not been explored through the current EA Study. MTO is therefore urged to comprehensively examine all possible measures to mitigate the environmental impacts related to the East Link, and the cost of these measures, during the functional design component of the EA. 657 REPORT NO.: PSD-135-07 PAGE 8 3.0 COMMUNITY IMPACTS 3.1 The socio-economic evaluation addressed a broad range of factors, including impact on community fabric, noise, air quality, property impacts, effects on non-farm commercial activities, and effects on agriculture where there were products sold from the site. These factors are discussed in more detail below. 3.2 Impact on Community Fabric 3.2.1 The impact of the 407 Mainline and the East Link on the community fabric of Clarington and its many smaller constituent communities is one of the most significant impacts related to the highway project. Most of the concerns expressed by residents relate to loss of homes and businesses, community division, air quality, lighting and noise impacts, loss of rural character, and the negative effect on property values. However, for the most part, socio-economic impacts are an inherent and largely unavoidable effect of highway projects. As such, the focus in assessing route alternatives is to minimize the socio-economic impact on the community to the extent possible. 3.2.2 All of the route alternatives would have varying degrees of impact on a number of hamlets, including Solina, Hampton, Tyrone, Leskard and Kirby. The recommended Mainline will create barrier effects for Solina, Hampton and Leskard, which are all located in close proximity to the route. Solina and Hampton will be affected by both the Mainline and the freeway-to-freeway interchange with the East Link. However, the selection of a route that runs south, rather than north, of Solina avoids having the hamlet being bounded on two sides by highway. As well, the connection with Highway 35/115 north of Kirby will minimize the impact on that hamlet related to the necessary upgrading of Highway 35/115 to a controlled access highway. 3.2.3 The MTO Study Team has indicated that it will be initiating additional consultation sessions with affected communities as part of their Community Value Plan process. This process is intended to investigate various measures to mitigate the impact of the highway on these communities. Sessions are currently planned for Hampton; however, Solina, Leskard and Kirby residents have yet to approach MTO to request a similar session for their hamlets, but it is anticipated that this will occur. Comments 3.2.4 The MTO Study Team should proactively initiate discussions with the residents of Solina, Leskard and Kirby as part of their Community Value Plan process to discuss possible measures to mitigate the impact of Highway 407 during both the construction and operational phases. Representatives from the Municipality of Clarington should also be invited to participate in these discussions. 3.3 Impacts on Residential and Business Properties 3.3.1 All of the route alternatives would result in the removal or displacement of homes and businesses, the loss or reduction of road frontage, and the severance of a number of 658 REPORT NO.: PSD-135-07 PAGE 9 properties. For the recommended Mainline east of Enfield Road, 130 properties would be affected, including 15 residential displacements. Seven non-farm commercial businesses would be potentially displaced, including six fronting onto Highway 35/115 north of Kirby. These businesses will be affected by the transformation of that portion of the highway to a limited access/400 level expressway. Impacts could range from the total removal of businesses to the provision of alternate access. The MTO study team identified these property impacts as being moderate relative to the other alternatives. 3.3.2 The recommended East Link was identified as having moderate property impacts (113 properties affected, including 38 residential displacements) and a high impact on non- farm commercial activities (four business activities displaced). In particular, a number of businesses located in the Courtice Industrial Park will be affected by the East Link and the associated interchange with Highway 401. As well, two vacant parcels with active development applications in the Industrial Park will be rendered undevelopable. Nonetheless, the detailed evaluation tables provided in the Technical Reports indicate that the recommended East Link is "compatible with development goals and objectives in the Clarington Official Plan". 3.3.3 The impact of the Mainline and East Link on groundwater resources was, addressed in the evaluation of natural environment impacts (ie. groundwater recharge and discharge areas). However, the potential impact of the two highways on existing water supply wells has not been addressed as part of the EA study to date. Comments 3.3.4 The Ministry of Transportation should act quickly to clarify the property acquisition process to minimize the disruption and uncertainty experienced by residential and business property owners affected by both the recommended Mainline and East Link. In particular, the appropriate studies, including land use strategies, to determine measures to maintain access to commercial properties on Highway 351115 should be initiated as soon as possible. 3.3.5 The Ministry of Transportation also needs to develop a strategy, in consultation with the Region and the area municipalities, to address remnant parcels created by the construction of the 407 and the East Link. Issues to be addressed as part of this strategy should include the maintenance of road access to properties affected by both corridors, and the ownership and use of remnant parcels. A key issue will be whether building permits would be available for remnant parcels with road frontage. Factors that would need to be considered include provincial, regional and area municipal policies that discourage the division of the rural land base, the impact of new residential uses in the rural area on the viability of agricultural operations, and the economic interests of the owners of the remnant parcels. 3.3.6 It is not clear if the impact of the East Link on the Courtice Industrial Park was properly assessed by the MTO study team. The Industrial Park is designated as an Employment Area in the Clarington Official Plan. As well, the Plan 659 i i REPORT NO.: PSD-135-07 PAGE 10 encourages the Region to construct municipal infrastructure works in South Courtice to meet the servicing needs of the South Courtice Employment Area. Given the negative effect that the East Link and the interchange will have on existing and potential businesses in the Industrial Park, it is difficult to determine how the MTO study team found that the recommended East Link,is compatible with the goals and objectives of the Clarington Official Plan. As well, the potential impact of the East Link/401 interchange on the visibility of the Clarington Energy Park has not been evaluated. 3.3.7 MTO should undertake a well monitoring program to determine any impact on water quality and quantity that may result from the construction and operation of the two highways. An appropriate protocol for compensating property owners whose wells are adversely affected by the highways should also be developed. 3.4 Noise and Air Quality Impacts 3.4.1 Noise impacts from traffic on the Mainline and East Link were estimated by comparing existing ambient (background) sound levels to predicted future noise levels. An existing ambient sound level of 50 dBA (over a 24 hour period) for semi-rural/ suburban areas was used for the EA study area. This noise level is equivalent to noise found in the average home or office, or light traffic at 30 m. MTO guidelines require the investigation of mitigative measures for increases of more than 5 dB. (A 3 dB difference is just distinguishable by the average person). Sensitive receptors such as residences were identified, with special consideration being given to churches, schools and daycares. A total of 130 sensitive receptors were identified adjacent to the recommended East Mainline, while 245 sensitive receptors were identified adjacent to the recommended East Link. 3.4.2 Predicted sound increases before and after the application of mitigative measures were determined from the centreline of the future highways up to a distance of 600 m. Mitigative measures could include avoidance of sensitive receptors, the use of sound reducing pavement, and the installation of noise barriers. Noise modelling for both highways was conducted for the year 2031 and assumed a four-lane rural highway. Average Annual Daily Traffic (AADT) volume on the Mainline was assumed to be 39,200 vehicles, while an AADT of 46,490 vehicles was assumed for the East Link. An additional 100 buses per hour was also assumed for each highway. 3.4.3 For both highways, noise increases were projected to fall below 10 dB within 175 m from the right-of-way, and below 5 dB at a distance ranging from 350 m to 600 m. The recommended East Mainline and East Link were not identified as the preferred routes from a noise impact perspective. 3.4.4 Air quality impacts related to the highways were determined for the year 2031 using nitrous oxides (NOx) levels and road dust (re-suspended particulate matter) measured as PMio (particulate matter with a diameter less than 10 microns). Air dispersion modelling was used to predict maximum downwind concentrations of NOx and PM10 contributed by the project up to 500 m from the highway centreline. The predicted 660 REPORT NO.: PSD-135-07 PAGE 11 concentrations were added to existing background concentrations to determine the cumulative effect of the highways on air quality. As with the noise impact analysis, estimated traffic volumes for the year 2031 were used for air quality measurements and sensitive receptors adjacent to the highways were identified. 3.4.5 NOx concentrations were projected to be within the applicable air quality criteria at the edge of the right-of-way for both the recommended East Mainline and East Link, even under reasonable worst case conditions. A similar condition was projected for NOx concentrations related to the East Link. However, PM10 was projected to exceed the applicable air quality standards at the edge of the East Link right-of-way, although it would fall within the standard at a distance greater than 166 m from the highway centreline. These modelling results are apparently typical of other similar highways in Ontario. Background concentrations of PM10 were found to be a major contributor to the cumulative concentration. As with the noise impact analysis, the recommended East Mainline and East Link were not identified as the preferred routes from an air quality perspective. Comments 3.4.6 The MTO Study Team should proactively initiate discussions with residents and communities along both the Mainline and the East Link as part of their Community Value Plan process to discuss possible measures to mitigate the noise and air quality impacts of Highway 407 during both the construction and operational phases. Representatives from the Municipality of Clarington should also be invited to participate in these discussions. 3.4.7 Given the known air quality issues with highways and the destruction of many existing trees for the project, which are known to improve air quality and provide a carbon sink for greenhouse gases, MTO should give high consideration for the use of remnant parcels to develop a series of publicly managed woodlots along the Highway 407 and East Link corridor. 4.0 TRANSPORTATION NETWORK IMPACTS 4.1 Continuity of Local Road Network 4.1.1 One of the most significant impacts related to the construction of the 407 Mainline and the East Link is the potential effect on the continuity of the local road network. The truncation of local roads by the two highways could adversely affect community cohesion and structure by creating barriers for residential, agricultural and business traffic, and interfere with the efficient delivery of community services, most notably emergency vehicles, school buses, postal delivery and snow ploughing. As well, the crossing of an existing dead-end road may cut-off and isolate a portion of the road. 4.1.2 In order to maintain the continuity of the local road network, grade separations, constructed either as underpasses or overpasses, will be required where local roads intersect the Mainline and the East Link. MTO has indicated that it is committed to 661 REPORT NO.: PSD-135-07 PAGE 12 maintaining road continuity to the extent possible. One particularly difficult situation will be the proposed freeway-to-freeway interchange for the East Link and Highway 401. The complex road geometrics required to accommodate Baseline Road and the C.P. Rail line could potentially result in the closure of Baseline Road in that location. 4.1.3 The Mainline and East Link will also interrupt a number of local road allowances that are currently discontinuous/unimproved. There are approximately nine existing north- south roads that would intersect the Mainline between Enfield Road and Bethesda Road, and five existing east-west roads that would intersect the East Link. MTO has the authority under the Public Transportation and Highway Improvement Act to truncate municipal roads as part of a highway project. The Act requires that a public consultation process, including advertising, be undertaken prior to a municipal road being truncated. 4.1.4 The EA Study has not made any recommendations yet with respect to which local roads will be truncated by the Mainline and East Link. These issues will be addressed during the functional design stage of the EA, which is expected to commence shortly. This study will involve more detailed design work, updating the traffic model, and additional environmental field investigations. Comments 4.1.5 It is imperative that the 407 Mainline and the East Link not adversely affect the continued effective function of the local road network, given the importance of these roads to community cohesion, the efficient delivery of community services, and the movement of agricultural equipment. As such, it is the position of the Municipality that grade separations should be constructed on all local roads that would otherwise be truncated by the two highways. Where possible, such grade separations should be constructed as overpasses on the local roads to facilitate the movement of large agricultural machinery. 4.1.6 Should MTO not agree with the Municipality's position on road network continuity, their analysis of the road network to determine which roads will be truncated should consider both traffic volumes and road function - for example, the movement of agricultural machinery on lower volume roads. The Municipality should also be included in any decisions on which local roads will be truncated and the type of grade separation that will be constructed on through roads. MTO should be responsible for all costs related to local road truncations/closures. 4.1.7 Baseline Road is a Type C arterial through the East Link and eventually becomes a Type A arterial as it approaches Bowmanville. Baseline Road is critical for transportation movements through the industrial area and cannot be truncated particularly if there is no access to the East Link for industrial traffic at Bloor Street. 662 REPORT NO.: PSD-135-07 PAGE 13 4.1.8 The functional design component of the EA Study should also ensure connectivity within the local road network in the future by providing for sufficient land to be protected to allow the future construction of grade separations where local roads are not currently continuous. in particular, the EA Study should provide for a future east-west grade separation on the East Link to accommodate a possible future extension of Pebblestone Road east of Courtice Road. 4.2 Proposed Interchanges 4.2.1 The EA Study currently proposes the construction of full interchanges on the Mainline at Enfield Road, Regional Road 57, and Bethesda Road. A freeway-to-freeway interchange is proposed at the Highway 407 — East Link interchange. On the East Link, a full interchange is proposed at Highway 2 and a partial interchange (south- oriented moves only) is planned at Taunton Road. 4.2.2 Freeway interchanges are generally spaced at 2 km intervals in urban areas to allow for the development of appropriate merge and diverge lanes, which minimizes weaving issues. Geometric challenges created by the spacing between the Regional Road 57 interchange and Liberty Street, which lies 1.6 km to the east, led to an interchange being proposed at Bethesda Road. However, the MTO study team has indicated that they are currently reviewing the location of this interchange, and what limitations on movements might be required if the interchange were constructed at Liberty Street. Comments 4.2.3 The construction of an interchange of Liberty Street rather than Bethesda Road is more logical in the context of the existing road network. However, prior to the Municipality indicating its preference for either a Liberty Street or Bethesda Road interchange, MTO must fully explore the geometric traffic movement compromises required for an interchange to be constructed at Liberty Street and the subsequent impact on the local road network. 4.2.4 The Municipality should have the opportunity to review the results of the updated traffic modeling to be undertaken as part of the functional design study in order to understand the projected impacts of increased traffic volumes on local roads in terms of increased delays, increased intersection demands, and opportunities for vehicular infiltration. 4.3 Emernency Road Detours 4.3.1 There are potential impacts on the local road network as the result of emergency closures on the 407 Mainline and the East Link. This is more of a concern with respect to the East Link since emergency closures on the Mainline will likely divert traffic to Taunton Road (Regional Road 4). During an emergency closure of the East Link, traffic may preferentially divert onto Rundle Road, Solina Road and Hancock Road which will be located closer to the Link than Courtice Road, which will be the closest 663 REPORT NO.: PSD-135-07 PAGE 14 north-south Regional road. These local roads have limited north-south continuity and are not designed or built to accommodate either heavy traffic volumes or large commercial vehicles. Comments 4.3.2 MTO is encouraged to assist both the Municipality of Clarington and the Region of Durham in the preparation and implementation of a coordinated plan to address the impact on the local and Regional road networks resulting from the emergency closure of the 407 Mainline and the East Link. This plan could include the provision of appropriate detour signage, the identification of emergency detour routes, and the appropriate upgrading of the roads on the identified detour routes by MTO. 4.3.3 The Municipality is concerned with the potential cost impacts related to the need for the Emergency Services Department to respond to accidents on the 407 Mainline and East Link. The Municipality could incur additional costs for equipment, fire stations and staff time and training. MTO should initiate discussions with the Region and area municipalities regarding compensation for additional costs. This impact will be particularly significant for Clarington which has at least half of the total length of construction. 4.4. Impacts Related to Highway Construction 4.4.1 The EA Study will not address implementation planning or staging of the 407 extension, including north-south connections. However, MTO has indicated that it is currently proceeding on the basis that the entire 407 East extension, including the two links, will be constructed in a single phase and in place by 2013. This may not be a realistic timeframe but undertaking such a large construction project over a such a short time period could result in serious negative impacts on both the Regional and local road networks in Clarington. Comments 4.4.2 The magnitude of constructing the 407 Mainline and the two highway links in a single stage and in a compressed time frame will require a well-coordinated phasing/staging approach to minimize construction impacts on both the Regional and local road network in Clarington. MTO should develop a construction staging committee with local and regional representatives and technical advisors to ensure that construction impacts are mitigated. 4.4.3 The Municipality supports MTO's position that the Highway 407 extension, including the highway links, will be constructed in a single stage from the current terminus at Brock Road in Pickering to Highway 351115. The Municipality objects to any phasing which results in the Mainline or the East Link at a local or Regional Road in Clarington. 664 REPORT NO.: PSD-135-07 PAGE 15 5.0 IMPACTS ON AGRICULTURE 5.1 All of the Short List route alternatives for both the Mainline and the East Link would impact agriculture to varying degrees. These impacts include the consumption of Class 1- 3 land, the division of agricultural parcels, and the possible closing off local roads used for farm transportation routes. The specific impacts related to the recommended East Mainline and East Link identified by the supporting technical documents include: m ' amer Removal or sterilization of Class 1- 3 agricultural 312.7 ha 313.5 ha 626.2 ha land Specialty crops/cropland affected 0 2 2 Dairy/livestock operations affected 0 3 3 Field crops operations affected 35 36 71 Farm properties greater than 20 ha affected 23 18 41 Severed parcels greater than 20 ha created 40 16 56 Severed parcels less than 20 ha created 42 7 49 High investment operations affected 1 5 6 Farm equipment/transportation routes affected 20 3 2 23 Local roads potentially truncated by the Mainline include: Leask Road, Langmaid Road, Vannest Road, Solina Road, Rundle Road, Holt Road, Old Scugog Road, Middle Road, Liberty Street, Clemens Road, Acres Road, Cole Road, Brown Road, Mosport Road, Leskard Road, Best Road, Allin Road, Concession Road 6 (Darlington) and Concession Road 7 (Clarke). 2 Local roads potentially truncated by the East Link include: Baseline Road, Bloor Street, and Nash Road/Concession 3. 5.2 There is no doubt that the impact of the 407 extension on the Clarington agricultural community will be very significant. However, the evaluation of the various alternatives ranked the recommended East Mainline as second (along with four other routes) as the route with the least impact on agriculture. Reasons provided for this assessment included: no impacts on specialty crop lands or operations, no impacts on dairy/livestock operations, the fewest severed parcels greater and less than 20 ha created, and the impacts on high investment operations are comparable to other alternatives. The evaluation of the East Link alternatives found all of the routes have similar negative effects on agriculture. Comments 5.3 As noted in the discussion of property impacts, for the most part, impacts on the agricultural community are an inherent and largely unavoidable effect of 665 REPORT NO.: PSD-135-07 PAGE 16 highway projects. As such, the focus in assessing route alternatives and implementing the highway project is to minimize the impact on the agricultural community and individual farm operations to the extent possible. 5.4 One of the key issues for the agricultural community is the severance of larger farm properties and the size of the remnant parcels created Parcels less than 20 ha are generally considered not to be suitable for farming. As such, MTO should consider the number of remnant parcels under 20 ha as a distinct evaluation criterion in the refinement of the preliminary highway design. 5.5 MTO should also commit to maintaining through access on all local roads that will intersect the Mainline and East Link. This will be critical for the movement of farm equipment between fields, especially given the number of agricultural properties that will be divided by the highways. The agricultural community has indicated a preference for overpasses on local roads because of the height and width of some farm equipment. 5.6 Another key issue will be whether building permits would be available for remnant parcels with road frontage. The agricultural community has expressed a concern that the construction of homes on these remnant parcels will introduce additional non-rural uses into the rural area, thereby further eroding the ability of farmers to use common agricultural practices to operate their farms (eg. running farm equipment at night during harvest season). As noted earlier, MTO must develop a strategy, in consultation with the Region and the area municipalities, to address the use of these remnant parcels. A key consideration in the development of this strategy would be the impact of new residential uses in the rural area on the viability of agricultural operations. 5.7 The severance of farm parcels by the highways will also impose additional costs on affected farm operations. For example, farm buildings may need to be replaced if they are either removed or cut off from the rest of the farm. Pastures and fields may become inaccessible or unusable, thereby requiring farmers to lease or buy land in other locations, and new fencing may need to be constructed. New tile drains may also need to be installed to replace drains that may be removed, and additional wells may need to be drilled if the quality or quantity of water needed for domestic or farm operations is adversely affected. In this regard, MTO will need to develop a comprehensive policy, in consultation with the agricultural community, to address the numerous financial and operational impacts on Clarington farmers. 5.8 MTO also needs to verify the data used to evaluate the various route alternatives. For example, the supporting documents indicated that the recommended East Mainline did not adversely affect any dairy/livestock operations. However, at least one such operation at the eastern end of the Mainline would be affected by this route alternative. As well, the specialty crop criteria should include organic farming operations. These impacts could range from removal to loss of organic certification for operations adjacent to the highway. 666 REPORT NO.: PSD-135-07 PAGE 17 6.0 CULTURAL HERITAGE EVALUATION 6.1 The cultural heritage evaluation identified and evaluated built heritage resources and cultural heritage landscapes 40 years of age and older that could be displaced or disrupted by the various route alignments. Built heritage resources included buildings such as residences, barns, schools and churches, while cultural heritage landscapes included roadscapes, farm complexes, cemeteries and agricultural lands. The assessment used both quantitative impacts and professional opinion to determine the value of the resources that would be affected by each route alternative in order to identified a recommended route. The MTO study team relied on its own field investigations, rather than Municipal heritage inventories, in order to use a consistent approach to identify and assess cultural heritage resources across the entire Study Area in Durham Region. 6.2 The Clarington Heritage Committee undertook a detailed review of the recommended Mainline and East Link through Clarington (Attachment 9). These comments have also been forwarded separately to the MTO study team. This review identified 19 heritage buildings that are either near, impacted by, or directly in the path of the recommended route. This latter category includes five heritage houses, one of which is designated under the Ontario Heritage Act, and four which are identified as primary heritage resources (structures considered to be the best examples of a particular style of architecture). The Heritage Committee expressed particular concern with the potential impact on the designated property, which is located at 1909 Bloor Street. Staff also note that this heritage building is one of the few heritage buildings remaining in the Courtice area. . 6.3 The Heritage Committee has suggested a number of possible measures to mitigate the impact on affected heritage buildings. These include the development of a heritage subdivision or the relocation of the buildings to new lots created either by the construction of the new highway or through the normal severance process. For those structures that cannot be relocated, the Committee has requested. that a record of the buildings' historical significance be prepared, and that historical artefacts be salvaged prior to demolition. The MTO study team has indicated that they will be undertaking more detailed field investigations of heritage buildings and features along the recommended route, and will investigate a range of mitigation strategies for each identified feature. Comments 6.4 The protection of Clarington's cultural heritage resources is important to the Municipality, and any mitigation strategy developed by MTO should give priority to the preservation of identified heritage features. It is recommended that MTO develop a comprehensive strategy for the protection of heritage resources for all of Durham Region in consultation with the Region and area municipalities. In addition, the property owner and the relevant Municipality should be contacted to discuss specific mitigation measures for each affected heritage feature. 667 i REPORT NO.: PSD-135-07 PAGE 18 6.5 However, any mitigation strategy developed for the protection of heritage resources must be considered in the context of a broader strategy that addresses the issue of whether building permits will be available for remnant lots created by the highway, and the impact of additional residential lots on the agricultural community. 7.0 CONCLUSION 7.1 The construction and operation of the 407 Mainline and the East Link will have a significant effect on many aspects of life in the Clarington community, including the integrity of its natural heritage system, its social and community fabric, and the viability of many businesses, including agriculture. Many of the specific impacts and mitigation measures will be determined through the Functional Design Study. MTO is urged to identify and implement initiatives to not only mitigate the impact of the two highways on the community, but also to investigate potential enhancement opportunities related to the highways, such as the use of remnant parcels. Attachments: Attachment 1 - Glossary of Terms Attachment 2 - Evaluation Criteria, Factors and Indicators Attachment 3 - Highway 407 Technically Recommended Route — Durham Region Attachment 4 - Highway 407 Technically Recommended Route — Clarington Attachment 5 (A & B) Comments: Ganaraska Region Conservation Authority Attachment 6 - Comments: Central Lake Ontario Conservation Authority Attachment 7 - Comments: MMM Group Attachment 8 - Comments: Clarington Highway 407 Community Advisory Committee Attachment 9 - Comments: Clarington Heritage Committee 668 REPORT NO.: PSD-135-07 PAGE 19 List of interested parties to be advised of Council's decision: Dan Remollino, P. Eng. Doug Allingham, P. Eng. John O'Toole, M.P.P. Abe Afana Ron Armstrong Ann Ball Jim Ballentine Dorothy Barnett Fred Biesenthal Andrew Bouma Mark Bragg Mark Canning Jean-Maurice Cormier Walenty & Maria Cyrganowicx Yvonne Doorenspleet Rolf & Tanya Fabricius George Field Linda Gasser John Hammond William J. Hasiuk Mark Hawkins Dave Horner Karina Isert Jo-Anne McFarland John and Barbara Montague Denise Pickett Libby Racansky Hala Rawdah David & Bev Rogers Jim Slyfield Bradford Soles John Sturdy John Waters Ted Watson 669 Attachment 1 To Report PSD-135-07 GLOSSARY OF TERMS AADT Average Annual Daily Traffic dB An abbreviation for"decibel', which is used to measure sound. The decibel scale is a logarithmic scale ranging from 0 for the least perceptible sound to 130 for sound that causes pain. dBA A measure of sound in decibals weighted to reflect how it is heard by the human ear. EA Environmental Assessment ESA Environmentally Sensitive Area NOx Nitrogen Oxides. These are typically created during combustion (as in a motor vehicle engine) and are major contributors to smog formation and acid deposition. NOx may cause numerous adverse health effects. PM10 Particulate matter with a diameter less than 10 microns (10 millionths of a meter). They can cause adverse health effects and reduced visibility. PSW Provincially Significant Wetland MTO Ministry of Transportation 670 Attachment 2 To Report PSD-135-07 Highway 407 East Environmental Assessment Assessment and Evaluation of the Short-Listed Alternative Routes Factor/Criteria Indicator/Effects Groundwater 1. Effect on ground water recharge areas 2. Effect on groundwater discharge areas 3. Shallow water supply wells within 500 m of the alternative 4. Changes to mundwater q. alit Surface Water Quality 5. Watercourse crossings and surface water features & Quantity Fisheries &Aquatic 6. Degree of Highly Sensitive Fish Habitat affected Habitat 7. Degree of Moderately Sensitive Fish Habitat affected 8. Degree of Low Sensitive Fish Habitat affected 9. De ree of Unconfirmed Sensitivity Fish Habitat affected Vegetation 10, Effect on upland vegetation units 11. Effect on significant vegetation communities 12. Effect on known species of conservation concern or Species at Risk Wetlands 13. Effects on wetlands Evaluated and Unevaluated Wildlife 14. Effect on core wildlife habitat(including indirect effects such as noise and light) 15.. Effect on specialized or sensitive wildlife habitat areas(including indirect effects such as noise and light) 1. 16. Effect on known species of conservation concern or Species at Risk includina indirect effects such as noise and light) Environmentally 17. Effect on identified ESAs and ANSIs -Significant Features Landscape 18. Effect on linkages between core wildlife habitat Connectivit l$oeia Env r l Noise 1. Separation distance to sensitive receptors, sound levels and impacts Community Fabric 2. Encroachment on or severance of established and/or proposed settlement areas 3 Likely effects on planned/approved community structure, as may be identified or proposed in provincial land use policies and/or regional official plans; within and east of the study area 4. Delivery of community services 5. Urban or rural barrier effects Recreational 6. Effect on hiking, hunting, nature viewing (golf course) and educational Opportunities ormortunities Property Impacts 7. Residential and institutional property effects • Full removal;/displacement • Frontage/reduced frontage • Severance-Complete/Partial • Loss of access/Access impacted Traffic Nuisance 8. Potential for diversion of longer distance travel to/from local roadways Visual Aesthetics 9. Total aesthetic value of highly visible landscape components Light 10. Effect on light sensitive receptors Air Quality 11. Separation distance to sensitive receptors, predicted concentrations and impacts 671 J Factor/Criteria Indicator/Effects SEEM Provincial/Municipal/ 1. aDegree of compatibility with municipal and regional development goals and Private Land Use objectives Development 2. Capability to provide transportation serviceslstimulate development of major Strategies development initiatives(Seaton/Pickering Airport) 3. Compatibility with federal/provincial/municipal planning goals/objectives/ policies, including principles and policy directions under development in the Greater Golden Horseshoe Growth Plan and Greenbelt Plan, the Watershed based Source Protection Planning and the proposed GTA Transportation Strategy 4. Effects on approved private development proposals Non-Farm Commercial 5. Businesses displaced s Activities 6 Businesses with access affected 7. Number if employees working for businesses displaced within the right-of-way 8. Changes (+/-) in business exposure 9. Construction impacts on businesses Mineral Aggregate 10. Effect on licensed aggregate resource facilities Resources 11. Effect on aggregate resource areas Agriculture 12. Removal or sterilization of Class 1-3 agricultural land(s) 13 Specialty crops/cropland affected 14. Dairy/livestock operations affected 15. Field crop operations affected 16. Farm properties greater than 20 ha affected 17. Severed parcels greater than 20 ha created 18. Severed parcels less than 20 ha created 19. High investment operations affected 20. Farm equipment transportation routes affected 21. Division of agricultural communities Property 22. Impact on properties in urban areas contamination 23. Impact on properties in rural areas Waste Management 24. Impact on known operating and closed waste management facilities(eg. transfer stations, stormwater treatment giants, waste dis osel sites, landfills u ` taE a Archaeological 1. Disturbance or destruction of known significant archeological sites Features 2. Disturbance of areas of archaeological potential Built Heritage 3. Displacement or disruption of built heritage resources Resources Cultural Heritage 4. Displacement or disruption of heritage landscape resources Landscape Resources 000 Overall Transportation 1. Out of way travel S stem Performance 2. Su ort for transit service Transportation System 3. Transportation Network Compatibility Com atibilit Transportation System 4. Ability of each alternative to support or connect to existing or proposed travel Connectivity modes Accessibility 5. Accessibility of alternative to populations and employment centres Emergency Access 6. Impact of alternative on emergency access to adjacent lands Cost 7. Examine the short and long term costs associated with each alternative 672 vme. '� a 1.1 - fir.:„.�r,.......o..�. O - X CD a 0 � D C/) ai ° 0 3 � CD CO TR1 C) ✓gg t 1 {y'+r�$'� X At OIL 4q, z ,qy 7 43 i r x 3 YF 11•v ivi * '� 6 a t S, 4�a i�FFSt ktrE' ".t ks gg & � ■ e p � 5 +T i ro r `�t- :r 4I93g s a r �•rd A CC "� f777ys� #F�= a>� '8� I pr c 4, '' ¢, I..y is � ,3s 6 i� r '' `. p l aV 1 Jr 3 V �� f' s.4i'• - �� v 7,0"J,. � '�°" i•x =;°T a E � f a x Ak ZIP <I o It'. s, '�� ,,.e F it k s ar Ali far �5 ` OM x •~•fr 4y 8i +�C "P rf # fit UE _10 a I c4,, •5 .r• o- • 'aa J .0 `r. Z►'t•. loj +a7;rl � ' AUiZ 1 As �, d ��5 .r kFw • f" a tt1 t • ,�g17j v` .ieik •<i`Ib� ' € �++•.RO.=.x• ' t �S` i . E�' s n 4 }[mA iR r __..., a ..� �w � �S'4� §'AF.ri � �z� '•� �«di����� �t .,...i.� rIf�`��'�.��5 Attachment 5A To Report PSD-135-07 rhCentral Lake Ontario MEMORANDUM Conservation DATE November 5, 2007 407 East Environmental Assessment RE Alternative Methods Technical Report(Natural Environment) Final Draft-August 2007 Comments: General 1. These comments have been prepared without receipt of field work reports. It is noted that these comments may be revised or changed and additional comments may be added after review of the field work reports have been undertaken. 2. Although roadway lighting has not yet been addressed, Staff are concerned with the impacts that ambient light may have on local wildlife populations. Staff suggest that during the design phase of the project, lighting be considered Tor sections of the highway where it is necessary only and not along its entire length. Central Mainline (Simcoe Street to Enfield Road) 1. As the report describes,the route crossings at the Oshawa Creek valleys currently provide good wildlife movement. Design features to facilitate movement should be incorporated at the design phase in these two locations. 2. Both route alternatives state that "there are no known...Species At Risk within 50 in of the route alternative"; however, they also state that the route alternatives pass "within 50 m of confirmed habitat for Red-shouldered Hawk(designated as Special Concern by MNR(COSSARO))". Page 7 of the report states that Species At Risk include Special Concern as designated by COSSARO. If this is true,then the statements that appear in the route descriptions seem contradictory. East Mainline (Enfield Road to Highway 35/115) 1. Many of the valleys along this section of 407 have been identified as Specialized or Sensitive Wildlife Habitat. While staff agree with these designations, Staff are concerned that these valleys have not also been identified as wildlife movement corridors. This dual designation is important in the evaluation of these routes because it recognizes not only habitat loss and fragmentation, but also watershed fragmentation and the loss of connectivity at a landscape scale. Although high and low quality linkages have been identified, they generally do not include the major valley systems. As such, it is Staff s opinion that the current evaluation of G:1407 staff report 4ttachments PSD-135-07 Attachment 5(draft).doc Page 1 of4 675 natural heritage impacts by the 407 does not reflect the true potential impacts to landscape connectivity. 2. The main branches of the Bowmanville and Soper Creeks are important north- south movement corridors. Staff support road designs that accommodate wildlife passage and recommend that large wildlife needs be considered for the main valley corridors. 3. The southern 407 route alternatives,including technically recommended route EM8, pass through the West Clarington Iroquois Beach Provincial Life Science Candidate ANSI. Even though it is only a candidate ANSI,it should be recognized as a feature that will be impacted by these routes. 4. The southern 407 route alternatives, including technically recommended route EM8, are situated within 120 in of the Provincially Significant Solina Wetland Complex. The wetland unit within this complex that will be most impacted by the 407 is the Solina Bog. This type of wetland is extremely rare in Southern Ontario and this is the only example of a bog in the CLOCA jurisdiction. As such,this wetland feature must be preserved. Given the close proximity of the 407 to the Solina Bog (less than 2 in according to Figure M3) and the lack of a mitigation strategy to consider at this stage of the review, Staff cannot support the current alignment of this route. Staff recommend that the hydrology of this wetland be studied in further detail to determine its catchment area, and that the southern limits of the road be re-defined to coincide with the northern edge of this catchment area. In addition, a comprehensive mitigation strategy should be in place prior to route construction that addresses pre- and post-construction impacts to the bog. Of particular importance is water quality, as this wetland is most likely maintained by surface water. As such, contaminants from the 407 (salts, sediments, fuels/oils, etc.)will certainly have a negative effect on this feature. 5. Given the significance of the Solina Bog,consideration should be given to placing the wetland into public ownership should acquisition of this feature occur as a result of land purchases for the development of the 407. 6. The report states that route EM5 is not associated with any forest interior losses. This is incorrect as Figure M4 (set 2) shows a loss of forest interior within the Bowmanville West valley. 7. Many of the routes have been identified as removing forest interior; however, it is unclear whether indirect forest interior losses have also been accounted for. Because interior size and shape are directly related to forest size and shape, any route alternatives that reduce the size of a forest with interior will most likely reduce the size of the forest interior as well. It is Staff s opinion that the forest interior sizes have not been re-calculated in accordance with the new forest edges created by the 407 routes. As such, it is Staff's opinion that the impacts of the East Mainline routes on forest interior have been underestimated in this report. G:1407 staff reportWttachments PSD-135-0741ttachment 5 (draft).doc Page 2 of 4 676 8. Impacts to Species at Risk are noted for a number of route alternatives; however, the locations of these species are not identified. Given the length of these routes, this information would have been useful to assist with their evaluations. 9. The east mainline route summary discussion on page 50 (Alternative Methods Technical Report—Natural Environment)is incorrect. Although the route selected corresponds with the information provided, the description with respect to impact is incorrect. East Link 1. The evaluation of route impacts associated with this link to the natural environment has been generally well documented in terms of vegetation and wildlife. Staff have had the opportunity to comment on the 407 east link alignments in previous phases of the EA process, and recognize that the preservation of the natural environment has been a priority throughout the evaluation. However, Authority Staff are very concerned about the overall impact this link will have on the functions of the Lake Iroquois Beach. The Lake Iroquois Beach is a key landscape feature that plays a significant role in fisheries, groundwater recharge and discharge, wildlife habitat,biodiversity, and regional connectivity. In the CLOCA jurisdiction,the.largest and most functional remaining area of Lake Iroquois Beach is between the Bowmanville and Courtice urban boundaries. The importance of this stretch of Beach is evidenced by the number of significant features it supports: • There are 2 Provincially Significant Wetland Complexes identified in this area of the Beach. They are the Maple Grove Wetland Complex and the Harmony-Farewell Iroquois Beach Wetland Complex. At just over 687 ha in size, the Harmony-Farewell Iroquois Beach Wetland Complex is the largest PSW complex in the CLOCA jurisdiction. • This section of Beach contains 2 Areas of Natural and Scientific Interest: the Bowmanville Valley, which is a confirmed Regional Life Science ANSI; and,the West Clarington Iroquois Beach(candidate) Provincial Life Science ANSI. The Beach provides habitat for a number of rare plants, observed during the evaluation of the wetland units, and wildlife species. Within the Harmony-Farewell Iroquois Beach PSW area,the NHIC lists 7 element occurrences for Species At Risk, including Henslow's Sparrow, Red- shouldered Hawk, Blanding's Turtle, Loggerhead Shrike, and Musk turtle. The proposed location of the 407 east link will fragment this feature, almost in half, with a busy highway. For wildlife, the east link will not only constitute a loss of habitat, but a complete barrier to east-west movement. Because there are no valley systems within the Lake Iroquois Beach, there will be little opportunity to introduce wildlife passage, and virtually no opportunity to accommodate the passage of larger animals such as deer and coyote. The vegetation communities G:1407 staff report Attachments PSD-135-07 Attachment 5 (draft).doc Page 3 of 4 677 that exist across the Beach are sensitive and are dependent on the groundwater that moves across this feature. The effects that constructing a major highway in this area will have on the quality, quantity and movement of groundwater across the Beach, and ultimately how the vegetation communities will endure,have not been studied adequately enough to approve the location or alignment of this route at this time. Unfortunately, Authority Staff are unable to support the approval of the east link between Bowmanville and Courtice. It is Staffs opinion that the environmental losses that will result from the construction of this link cannot be justified by the need for it. As such, it is Staffs recommendation that alternative options for the east link be introduced or reconsidered, or that the approval of the east link be postponed until it can be demonstrated that the effects of this highway can be mitigated appropriately. 2. Notwithstanding the comments made in section 1, should the east link be approved for construction, Staff agree that technically recommended route EL8 poses the least impact to the natural environment of the 13 route alternatives considered. 3. The east link route alternatives are all within the Greenbelt Plan area. Specifically, they are within the Greenbelt Natural Heritage System, which states that development shall demonstrate that there will be no negative effects on key natural heritage or key hydrologic features or their functions. The features include significant habitat for Species At Risk, wetlands, and ANSIs, all of which are present within the proposed east link corridor. The Plan also stresses that connectivity between key features in the Natural Heritage System be maintained for the movement of native plants and animals across the landscape. East-west wildlife passage is of key concern in this project, and it is Staff s opinion that unless the passage of large wildlife is incorporated into the road design, which may entail elevating the road to an appropriate height,that wildlife connectivity will be severed across the Beach. With respect to infrastructure projects,the Plan states that such projects shall minimize the amount of Greenbelt, and particularly the Natural Heritage System, traversed/occupied by such infrastructure. 4. Comment# 7 from the East Mainline (Enfield Road to Highway 35/115) discussion, regarding forest interior analysis, also applies here. This is evident for route ELI which is described as having no deep interior habitat losses, but will clearly result in reduced deep forest interior. GA407 staff reporMnachments PSD-135-071Attachment 5 (draft).doc Page 4 of 6.78 Attachment 5B To Report PSD-135-07 Central Lake Ontario MEMORANDUM Conservation DATE November 9, 2007 CLOCA Aquatics Review RE 407 East Environmental Assessment Alternative Methods Technical Report (Natural Environment)-Final Draft-August 2007 Comments: The Highway 407 East Environmental Assessment Alternativ etho s Technical Report (407 AMTR) has been reviewed by CLOCA aquati Based on the review of this document and supporting documents,the followi o regarding aquatic systems have been provided. General Comments 1. Proposed Technically Recommende (TRR). e proposed Section 6 407 AMTR) satisfies several of CLOCA's al s during p ious reviews of the Highway 407 extension. Howe t is noted that these comments have been prepared without r t of field wor rts. It is noted that these comments may be revised or c d addition nts may be added after review of the field work re een unde n. 2. Fisheries/Aquatics Data Consisten er encies exist in the current route mapping c�or, g fish habi ensitivit assification and stream hydrology cl stficati ifferences ist across sections of the mainline, east link and wps iitk One Ample inclu t e classification of sensitive fish habitat when re raring t •I water sal m id habitat in Bowmanville Creek while stmt] tats in e r awa Creek are not given the same c eva on of curr nt field reports would help to determine ent field c nt1"tions a o pare current and historical data for all crossings 9 sifications an signa At the time of this review field reports were not a le for revie 3. Storm Man a rnent: Determining the location and design of stormwater YY { facilities vl information. I acknowledge that this information is not available at 1 rw ime. However, this information is very important in providing a complete cort(prehensive review. 4. Protection of Hydrologic Features: Contributions of hydrological features (e.g. tributaries, wetlands, ephemeral streams, intermittent streams and permanent streams) are very important to watershed health and have been identified as a priority recommendation in the CLOCA FMP (2007). As such, it is recommended that all hydrological features, including headwaters, along the Highway 407 mainline and links be protected. Page 1 of 6 679 5. Stream Crossings and Fish Passage: It is recommended that all crossings be span structures of either bridges or open bottom box culverts where feasible. Crossing hydraulics must be considered to provide adequate fish passage for both migratory and resident fish species. CLOCA recommends that designs for Highway 407 strive to maintain and improve fish passage and fish habitat within these watersheds (CLOCA FMP 2007). 6. Fish Species at Risk: It is also strongly recommended that the protection of redside dace and associated habitats be given considered during all phases of this process. Redside dace populations exist in the Lynde Cree watershed east of Halls Road North. It is recommended that any works oc a within this area of Lynde Creek consider the potential impacts to redsid ce an their associated habitats. Mainline—Plate M2 The majority of the proposed route in this plat within t watersheds Creek, Pringle Creek and Oshawa Creek. These wat rs ener contain goo fair water quality with cool to cold water fish habitat (CLOC 00 . CLOCA commends that designs for Highway 407 strive t maintain and ' ve fish passage and fish habitat within these watersheds (CLOCA F 7). 1. Fish Habitat:Tributaries in Plat mainline een classified as permanent coldwater. Several trib aries n id tified as intermittent coldwater in the R. In some i s C ata contradicts the intermittent cl I CLOCA would 1 e to review current field survey reports to d ine if inconsiste 'es exist within our monitoring data compared o sed t ompile this r 2. Fisherie • isheri i ominated by coldwater and coolwater fish s F 07). Spe s summaries are based on historical data sets well as 20 OC sampling(CLOCA FMP 2007). am Crossin a tec ally preferred route contains three crossings within ossing 1, w of Ki sale Road has been identified as fish habitat in the CLO MP. Tw 'butaries have been identified immediately west of Lakerid ad al g the TRR mainline. Crossings of these two tributaries can be reviewe during detailed design. In addition,two headwater tributaries of Pringle Cr are within the TRR. The function of these tributaries needs to be maintained. everal tributaries or Oshawa Creek between Garrard Road and Simcoe Street will be impacted by the TRR. Maintaining hydrological function of all tributaries would be important to these watersheds (CLOCA FMP 2007). 4. Fish Species at Risk: A species of Special Concern, redside dace,resides within this subwatershed of Lynde Creek. CLOCA fisheries sampling has documented the presence of redside dace at the.majority of crossings along the TRR within Lynde Creek, east of Halls Road North. CLOCA recommends that all crossings in this portion of the Lynde Creek watershed be classified as High Sensitive Fish Habitat. Redside dace records are scattered throughout most tributaries along this Page 2 of 6 680 section of the proposed mainline. It is of the utmost importance to CLOCA and our partner agencies (DFO, MNR) that we strive to protect redside dace and associated habitats. Mainline—Plate M3 The TRR within this plate falls in the watersheds of Oshawa Creek (Main, Mount Carmel and Enfield Subwatersheds) Harmony Creek (Branches 3, 4 and 5) and Farewell Creek in Plate M3. These watersheds generally contain cold water fisheries with good to poor water quality(CLOCA FMP 2007). Within Plate M3 a section of. TRR will potentially impact several wetland systems east of Enfield Ro . nc lading the Solina Bog. Protection of these hydrolgocial features is very impo . or maintaining watershed health within the Black, Harmony, and Farew a ed. It is CLOCA's recommendation to consider avoiding any alteration t th se feat CLOCA recommends that designs for Highway 407 strive t ,.na in and im fish passage and fish habitat within these watersheds (CLOCAMP 2007). 1. Fish Habitat: The Oshawa Creek watershe do_ atd with cold ater fish habitat. The fish habitat within Harmony Cree Qt ;; rimarily warm and coolwater fish habitat. Water quality is t cally more imp ai han neighbouring watersheds. Farewell Creek co''I d to coolwa habitat. Farewell Creek watershed is dominated b}�, tur .which do contribute to some aquatic impairment (CLOCA FMI' 007 . 2. Fisheries Fish sped curring wi the Osh a Creek subwatersheds along the mamhnefflude bir o trout, bro trout and rainbow trout. Other associated species meluepjottled 5GUlpin and whij sucker(CLOCA FMP 2007). Harmony Creek is domma- re toleranty species; however CLOCA monitoring datq) '8Pmme coldwa fish sp" cr `exist for Harmony Creek, Branch 4. a 1 _ . F ewel l u�wateis} is a mix of sensitive coldwater species and more � ilerant fish sp _. 3 Strum Crossmes e TRR will cross several tributaries within Oshawa Creek, H Creek an arewell Creek. Areas of concern include two proposed interch s at Si a Street North and Harmony Road North. These two interchan' ou dgliave a serious impact to several low order tributaries. Concerns ex out the potential impacts that these interchanges will have on tributary funetion post-construction. Maintaining the hydrological function of all tributaries is important to protect and maintain watershed health (CLOCA FMP 2007) Page 3 of 6 681 Mainline—Plate M4 This section of the TRR Mainline falls within the Black Creek, Bowmanville Creek and Soper Creek watersheds. 1. Fish Habitat: The Black Creek watershed contains coldwater fish habitat but water quality ranges from poor to good. Classification of fish habitat in Plate M4 has been consistent with CLOCA data. CLOCA staff agrees with designations of sensitive fish habitat when referring to coldwater habitats. 2. Fisheries: Fish species occurring within this section of the mainline are variable because fishes represent a wide range of tolerances. Up p ck Creek contains coldwater fish habitat but species persisting in these taxies are more tolerant in nature (CLOCA FMP 2007). Conversely tribut in Bowmanville Creek and Soper Creek are dominated with coldwater fi spec R :uch as rainbow trout, brown trout and brook trout. Other associate c inclu -F ottled sculpin and white sucker(CLOCA FMP 2007). 3. Stream Crossings: A proposed interch: at Regi al Road 57 is kern to CLOCA staff due to the sheer length of th ten rpssing. Ano�t er area of concern is immediately south of Concession t of the above mentioned interchange. A series of smal„ 'butaries within e proximity to each other has been classified as high to mod sensitive fish = 'tat. CLOCA drainage mapping differs from the mappi e M4. CLO tipping only shows two crossings where Plate 4 demonst tes 3 cr in J location. Another area of concern exists betwcen Liberty Stmt Be- oad where there are four small tributarie t. s Creek. S e of these ibutaries are within close proximity to . h othe ossings wi in such close proximity must incorporate mitigation ii s to r uce potentia .arge scale impacts to these tributaries. Mainline a Tlu s se n of the ain Is within the eastern extent of the Sopers Creek wat 1. Fi itat: This a of e Sopers Creek watershed is defined as coldwater fish habit d is domi ed by good to fair water quality. All crossings in this area of Sopers shou be defined as sensitive fish habitat. 2. Fisheries: ecies in this reach are dominated by coldwater species including rainbow trouk rown trout and brook trout. Brook trout are mostly confined to watershed areas north of the TRR. 3. Stream Crossings: There are very few crossings in Sopers Creek within Plate M5. There is one issue regarding a small drainage feature flowing parallel to the TRR, in the vicinity of Concession 7. Classification of this feature on Plate M5 is Non- Fishery Ephemeral Watercourse. Steps should still be taken to maintain or restore the hydrological function of this watercourse (CLOCA FMP 2007). Page 4of6 682 East Link— Plates El, E2 This section of the TRR East Link falls within the watersheds of Tooley Creek,Black Creek, Farewell Creek and a small portion of Darlington Creek. The East Link is dominated in the south by two of CLOCA's smaller watersheds. These watersheds are comprised of very small drainage areas and are under significant development pressures. The remainder of the East Link is within Black Creek and Farewell Creek watersheds. 1. Fish Habitat: Tooley Creek and Darlington Creek watersheds are dominated with tolerant fish species including blacknose dace. Other spec' such as rainbow trout have been documented in Tooley Creek historical ast Link will have an impact on several first order tributaries of Tooley k. These small order streams should be defined as fish habitat and giv ro - otection(CLOCA FMP 2007). Additional information may be re w ' to pr determine the full function and contribution of these feat , 'lishhabitat Black Creek and Farewell Creek should be consideredtnsitive designation CA FMP 2007). Fish habitat in these watersheds vvery uni" These cold ystems are classified as coldwater fish habitat and�n .is 1 due to the ` uence of the Iroquois Beach Wetland Complex. This ld complex provides important groundwater discharge and su I orts coldwater a t for the most southerly population of brook trout wit hi CA jurisdicti rot ction of fish habitat within the TRR East Link is ve "in to CLOC 2. Fisheries: Fish communities in thi R eac a e ted by a mixture of coldwater and coolwater specie oldwater s s mclu e• inbow trout, brown trout and brook trout. ] nok troui;�yhich haveen observed in Black Creek and exist due to the unigge"Kinctions oceurring within the Iroquois Beach Wetland Complex. ad;- ,ter' 3. Stream Crossin treaij c pssin s need to incorporate measures to ensure fish habt noun �s r� rrtametuor.' rl resident and migratory species (CLOCA F�O It alditio ssings should be considered in areas of hydrological AlSportance to rnhrr tam I i drologic functions. Large portions of the Iroquois ch will be imted by East Link. Maintaining hydrological functions w� is landfornl vill help to maintain healthy aquatic systems in these water (CLOC ; MP 2007). CLOCA has also unitiken a quantitative assessment to determine the impact the proposed Highway 467 extension, including the 2 proposed links, would have on loss of natural features. The findings below are based upon the footprint of the preferred route. The land use categories are derived from CLOCA's ELC land use mapping. Cultural Habitats includes cultural plantations, woodlots, savannahs, meadows and thickets. Forest includes coniferous, deciduous and mixed forest Page 5 of 6 683 Wetland and Aquatic includes treed swamps (coniferous, deciduous, mixed), meadow marsh, shallow marsh, open aquatic and water feature. Habitat Removed a by 407 per Watersbed Watershed Cultural Habitats Forest Wetland/A vatic Black Creek 35.93 0.15 8.11 Bowmanville Creek 17.1 10.62 14.01 Darlington Creek 0.84 0.01 0.74 Farewell Creek 22.87 4,0 4, 10.56 Harmony Creek 17.23 0 1.49 Lynde Creek 137.68 40L,W 32.63 . Oshawa Creek 62.34 21 8.68 Pringle Creek 4.35 0 0.4 Soper Creek 28.7 4.25 8.87 Tooley Creek 29.85 Iokft, 1.5 4.63 Total 356.89 AkM.51 90.12 OA t t Page 6of6 684 • Attachment 6 To Report PSD-135-07 Highway 407 Extension Comments from Ganaraska Region Conservation Authority November 9, 2007 General Comments: 1. It is difficult to provide meaningful comments when we do not have background reports summarizing 2007 and earlier fieldwork. E.g. natural heritage:species inventories and their locations, as well as vegetation types. 2. Evaluation of groundwater recharge and discharge areas ignored key topographic features of the area. 3. There is limited information on methods used to define a number of the categories E.g. sensitive cold water fisheries and identification of groundwater discharge zones. 4. Many of the features defined as sensitive occur in valley areas and therefore how the valleys are crossed will define much of the impact on these systems. 5. Much of the impact will result from the specific location of the lanes and changes to the municipal road system changes associated with limiting access to the 407 corridor. There is limited information on the placement of new roads to provide limited access to 35/115 between the 407-35/115 interchange and the 35-1,15 interchange to the north. This information may affect the evaluation of alternative routes. Note: Upon provision of information as noted above, final comments can be provided. Specific Comments on Evaluation Criteria/Indicators: Groundwater: General evaluation of effects on groundwater recharge was based only on reviews of regional surficial geology mapping and representative field check. This evaluation ignored the topography as a major contributor to groundwater recharge in the area. For example, hummocky topography within and outside of the Oak Ridges Moraine (ORM) boundary is a key feature in reducing surface runoff and maintaining high groundwater recharge within variable permeability geologic materials. It is anticipated that the construction of the highway, alignment of several interchanges and placement of new roads will alter these topographic features. There is limited information on locations of groundwater discharge areas, methodologies used in identifying these areas and their linkage to other environmentally sensitive features. Without proper evaluation of groundwater discharge areas it would be difficult to propose compensation and/or enhancement measures. For instance, in the evaluation of Route EM9 it was stated that ORM can not be avoided; however discharge volumes will not require mitigation. It appears that this statement was based on evaluation of groundwater discharge within the ORM area (i.e. head waters) only and ignored the fact that these deposits play a significant role in maintaining groundwater discharge within the lower catchments of the Wilmot Creek watershed. 685 Evaluation of groundwater discharge areas and shallow wells should also consider potential impacts from local dewatering and lowering of water table during construction of bridges, culverts and by-passes. Dewatering is anticipated during construction and crossing of several valleys in the Wilmot Creek watershed. Short term compensation measures of dewatering effects could include hauling of potable water to affected residence relying on shallow aquifers and/or adjustments of groundwater pumping in the vicinity of sensitive aquatic habitats dependant on groundwater discharge. Long term effects on wells will have to be addressed with a monitoring and compensation plan. Surface Water Quality and Quantity: General review of past water quality data indicates that chloride concentrations in area streams have been increasing since the 1960s. Within the GRCA watershed Wilmot Creek has been experiencing the greatest increases. The Orono Creek branch has the highest levels within the Wilmot Creek system. The GRCA is not sure of how the Roadway Drainage Strategy and Road Salt Management will address these issues. No Fluvial Geomorphic analysis has been completed to determine the potential effect of increased volume of discharge to the upper headwaters of Wilmot and Orono Creeks has been completed. It is recommended that an understanding of flow regimes and how they will be alter/controlled is required, not just a peak flow control assessment. Additionally, it is recommended that analysis be undertaken that defines the required post development flow regime that is required to protect stream form from increased volumes of discharge. Fisheries and Aquatic Habitat: Much of the review of this category will be based on understanding the methods and data used to define the sensitivity and permanence of the aquatic environment. These methods and data have not been provided. Generally,the GRCA supports the use of spanned crossings where possible to limit aquatic impacts. It also appears that much of the stream crossing sensitivity is unconfirmed. Confirmation of sensitivity of fish habitat is required to fully understand the impacts of alternative routes being accessed. Terrestrial Natural Heritage Impacts, (Vegetation,Wetlands and Wildlife) The time allotted to providing comments on the EA was too brief to provide a proper analysis of potential impacts to terrestrial natural heritage. This is especially the case given the number of routes to consider. The report does provide a summary of impacts according to the criteria used,but these are not highly detailed, and some of them are questionable. For example, connectivity is considered only between larger natural features that are considered to be cores, rather than across the landscape and between all natural areas. In addition,the report only looks at impacts on existing natural heritage conditions rather than potential improved conditions that could be achieved through definition of a target natural heritage system. It is difficult to provide meaningful comments when we do not have background reports summarizing 2007 fieldwork that includes species inventories and their locations, as well as vegetation types. For example, the EA describes the presence of Blanding's Turtle, a 686 threatened species, but does not give an indication of where it was found— information that could help to determine if significant habitat might be impacted by the development. Therefore, with regard to natural features, these are initial comments only, subject to change when we get copies of field study results. In the interim,the following comments are provided on terrestrial natural heritage issues: 1) There is a concern with loss of connectivity in valleylands. There must be long, spans over these to maintain connectivity, and enough space over smaller creeks to allow terrestrial wildlife movement. Furthermore, any bridge will result in deep shading of valleyland, which may discourage passage underneath by some species. Ideally there would be separate spans for east and west lanes to allow light to pass through between. 2) There is a concern about lighting along the roadway and its potential impact on wildlife —particularly insects, many being important pollinators. Lighting should be limited to intersections and signage. 3) An overlay of the preferred route on GRCA's ELC suggests loss of 23.5 ha of forest (including cultural plantation), but no loss of wetlands. Would there be compensation for this lost habitat? If planting is considered it should be enough to cover considerably more land than what was lost, since there is no simple replacement of natural or mature forest and plantation. General Conclusions: Generally, the location of 407 to the south of the Oak Ridges moraine is supported by the GRCA. Placement of the 407 in this location will help limit impacts on sensitive groundwater system recharge areas. The GRCA supports the crossing of streams at a 90degree angle to allow spanning of valleys and limiting of impacts on aquatic habitats. Within the GRCA portion of the 407 corridor it appears that EM9 does limit the crossing of streams and addresses the above concern. Of the route options affecting the GRCA area, the EA report states that EM9 and EMI l have the lowest affects on natural heritage features (p. 49). From the terrestrial perspective we agree with this assessment, and in particular favor EM9, which appears to be closest to what has been identified as the "preferred route." Lack of specific data and description of methodologies limits our ability to evaluate the different impacts of specific route locations. Therefore, the comments provided should be considered initial comments only, and potentially subject to change when copies of field study results and methodologies are made available.. 687 Attachment 1 To Report PS[)-135-01 A"` MMM GROUP MMM Group Limited 80 Commerce Valley Drive East Thornhill,ON Canada L3T 7144 t:905582.1100 1 f:905.882.0055 wvaw.mmm.Cal November S, 2007 Municipality of Clarington 40 Temperance Street Bowmanville, ON L Attention: Ms. L. Benson, P. Eng. Subject: Highway 407 East Extension Dear Ms. Benson, Further to our meetings on October 31 and November 7, 2007, MMM Group Limited (MMM) has reviewed the proposed alignment for the Highway 407 East Extension and the "East Link" in light of planning and engineering issues that may affect the Municipality of Clarington (Clarington). Highway 407 currently ends at Brock Road in Pickering. The Ministry of Transportation (MTO) is currently undertaking an Individual Environmental Assessment to determine the preferred route for the Highway 407 East. Extension between Brock Road and Highway 35/115, including two north- south links between Highway 401 and Highway 407. Highway 407 East within Clarington will be located between Taunton Road (Regional Road 4) and Concession 6 west of Darlington-Clarke Townline, and between Concession 6 and Concession 7 east of Townline. Full interchanges are proposed at Enfield Road, Regional Road 57 and Bethesda Road. A freeway-to-freeway interchange is proposed at the Highway 407— East Link interchange. The 'East Link' is proposed to extend mid-lot between Hancock Road and Solina Road, south of Nash Road, and mid-lot between Solina Road and Rundle Road, north of Nash Road. All of these roads are under the jurisdiction of Clarington. A full interchange is proposed at Highway 2 and a partial interchange (south-oriented moves only) is planned at Taunton Road. It is expected that flyovers will be provided at Baseline Road, Bloor Street, and Nash Road, although this has not been finalized. MTO's standard road allowance for controlled access highways is 110m, and an additional 60m Transitway Corridor may be protected on the mainline west of the 'East Link'. It is understood that all construction work on the Highway 407 East Extension, from Brock Road to Highway 351115, is to be completed by the year 2013 in a single phase. Based on our discussions with Clarington staff and with MTO's consultant on October 31, 2007, and our review of the 'draft' alignment for Highway 407 and the 'East Link', we offer the following 688 NHighway 407 ovember 2007stExiension A"` MMM GROUP Page 2 of 4 comments for consideration by Clarington Council • The Highway 407 East Extension and the 'East Link' will be designated as Controlled Access Highways that will create physical boundaries for the local area road network. As a result, ensuring the continuity of the existing and future local area road network through grade separations (i.e. overpasses or underpasses) is an important issue for Clarington. The existing road network, as well as the technically preferred alignments for the Highway 407 East Extension and the East Link, is shown schematically in Figure 1. Grade separations, either built as part of the project or protected for in the future, will be critical to ensuring that existing and future road network functions can be supported. These functions include: • Emergency vehicle access; • Local access to property; • Local transit service (future); • School bus routing; • Road maintenance including snow clearance; and • Mail delivery. It is understood that MTO is committed to maintaining road continuity to the greatest extent possible. MTO can truncate local roads under the Public Transportation and Highway Improvement Act; however, there is a mandatory public consultation component to this process. Clarington should insist on being included in any decisions to truncate existing local roads that cross the Highway 407 East Extension or the East Link. Any planned road truncations identified during the functional design (which will begin shortly) should be fully justified, based on road volumes as well as road functions (i.e. lower volume agricultural roads). Where grade separations are not proposed, it will be important to protect for future grade separations at key locations, such as Pebblestone Road. Future east-west connectivity is expected to be more problematic in Clarington than north-south connectivity. There are a number of existing north-south roads, under local and Regional jurisdiction, that cross the planned Highway 407 East Extension alignment within the Clarington area. There are approximately nine existing roads that cross the Highway 407 mainline between Enfield Road and Bethesda Road. MTO will have to provide justification before any of these roads can be truncated. There are fewer existing east-west connections across the proposed East Link alignment within the Clarington area. Between Highway 401 and the proposed 407 East Extension, there are only five existing roads. It is understood that east-west connections are complicated by the presence of significant environmental constraints; however, Clarington should insist that a future east-west grade separation be protected for along a future east- west extension of Pebblestone Road, east of Courtice Road. This is shown in Figure 1. This 689 Hampton.�. no r 4, _ _ C6ain K Q �' ss w ad 62 a. 407 Technically Recommended Route (Draft, June 2007) FIGURE 1 MMM GROUP 690 MMM GROUP east-west connection with Oshawa will become important if development within Clarington extends north towards the 407 East Extension. It should also be noted that the proposed freeway-to-freeway interchange of the East Link and Highway 401 might result in the closure of Baseline Road. Clarington should indicate their preference to maintain the Baseline Road connection. • Two interchanges with local streets are proposed for the 407 East Extension. One is proposed with Enfield Road and the second is proposed for Bethesda Road. It is understood that MTO will be starting their functional design soon, which will include an update to the traffic modeling. Clarington should insist on reviewing the model results in order to understand the projected impacts of increased traffic volumes on the local roads in terms of increased delays, increased intersection demands and opportunities for vehicular infiltration. • It is understood that the MTO Project Team is currently reviewing the location of.the proposed Highway 407 East Extension interchange with Bethesda Road. An interchange with Liberty Street is more logical, based on the existing road network; however, the spacing between Liberty Street and the proposed Regional Road 57 interchange to the west poses some geometric challenges. Interchanges are typically spaced at 2 km intervals in urban areas. This spacing allows for the development of appropriate merge and diverge lanes, which minimizes weaving issues. Liberty Street is located approximately 1.6 kilometres east of the proposed Regional Road 57 interchange. Clarington should identify their preference for an interchange at Liberty Street rather than Bethesda Road. If a full interchange cannot be provided, an understanding of what geometric compromises must be made should be provided by MTO before a Bethesda Road interchange is considered. • The impacts of emergency highway closures should also be considered within the Clarington area. This concern primarily relates to the East Link since emergency closures on the Highway 407 East Extension will likely divert traffic to Taunton Road, which is Regional road. Traffic diversions associated with emergency closures on the East Link are more complicated since the only parallel regional road (Courtice Road) is located to the west, with a number of local roads, to the east and west, located closer. As a result, emergency closures would likely force traffic onto Rundle Road, Solina Road and Hancock Road. These roads have limited north-south continuity and are likely not designed to accommodate these types of vehicular volumes. Clarington should identify a preferred emergency detour route along the East Link, and ensure that the road is upgraded by MTO. • The mainline and 'East Link' corridors will bisect existing agricultural lands and create numerous remnant parcels that could adversely affect the viability of the remnant lands. It is understood that parcels under 20 hectares are no longer useful for agricultural purposes. It is understood from Clarington staff that the lands adjacent to the mainline and the 'East Link' north of Nash Road are rural and lie largely within the Greenbelt. We would recommend that MTO consider the number of remnant parcels under 20 hectares as a 691 Highway 407 East Extension November 2007 MMMGROUP Page 4 of 4 distinct evaluation criterion in the development of the refinement of the preliminary design. • Highway 407 East and the 'East Link' will cross a number of local and Regional roads within Clarington. As noted previously, these crossings may affect the road network continuity. But it may also result in landlocked properties and inaccessible roads. Clarington should insist that MTO constructs all local roads required to maintain existing road access to all properties impacted by either corridor, at no cost to the Municipality. As well, MTO should be responsible for all costs associated with local road truncations / closures. MTO may be required to buy+an entire parcel of land if access cannot be provided or if the remaining land(s) are not large enough to be used for its current purpose (agricultural, residential, etc.) • It is understood from MTO's consultant that the preliminary horizontal and vertical alignments have not been developed at this time. Therefore, we cannot comment on the specific impacts that the mainline and 'East Link' roads will have on the existing drainage patterns. However, in general, it is imperative that surface waters and groundwater resources not be affected due to construction of the East Extension. MTO should be required to undertake a monitoring program to ensure that wells are not influenced by the highway grading. As well, surface drainage patterns and the drains on the agricultural lands must be maintained where the Highway is bisecting currently contiguous lands. • It is understood that MTO intends to construct the East Extension as a single construction project. However, the magnitude of the project will require a well-coordinated phasing / staging approach to minimize construction impacts on the local road network. MTO should develop a construction staging committee with local and Regional representatives and technical advisors to ensure that construction impacts are mitigated. The Municipality should be on record as opposing any freeway termination with either a local or a Regional road. It should be noted that implementation and phasing are not typically included as part of the environmental assessment process. We appreciate the opportunity to provide the Municipality with our assessment of the technically preferred route, and we would be pleased to review the functional design as it becomes available. If you wish to discuss this project in detail, please do not hesitate to call me. Yours truly, Bob Koziol, P. Eng. Manager, Municipal Transportation Associate Partner cc: J. Auger Szwarz, Senior Planner B. Titherington, MMM Group 116-07182 Clarington Hwy 407 EastlLetter Benson Nov 7 2007 407 issues.doc 692 t4 1 Hampton to = n Rd a . testonecad .., PeXO Counice 34 ` ._� Clarin�i o' 57 14 . �,prsK is �O7 s r , 49t 56 _ _ may'#.# AnJ9i J rl; i 62 E INA 407 Technically Recommended Route (Draft, June 2007) FIGURE 1 MMM GROUP 693 Httacnment 8 ar To Report PSD-135-07 Clar�n�ton MEMO Leading the way TO: David J. Crome. Director, Planning Services Department FROM: Bradford Soles, Chair, Clarington Highway 407 Community Advisory Committee DATE: October 31, 2007 SUBJECT: CLARINGTON HIGHWAY 407 COMMUNITY ADVISORY COMMITTEE COMMENTS ON HIGHWAY 407 EAST ENVIRONMENTAL ASSESSMENT The mandate of the Committee is to monitor the Highway 407 East EA process, to provide input to Clarington Council, to invite community input, and to act as a community resource. In this regard, the Committee is submitting the following comments on the EA process and the identification of the Technically Preferred Route. GENERAL COMMENTS The Committee feels that, in their opinion, the EA process to date has been both open and transparent. However, the Committee has identified a number of issues they feel should be addressed as the EA process unfolds: LOCAL ROAD IMPACTS • Traffic access - The Committee is concerned with the impact that the 407 and East Link will have on traffic flow within the Municipality if a large number of roads are truncated. Issues that need to be considered when determining which, if any, local roads will be closed include: • Traffic flow within the Municipality, including connectivity with the regional and provincial road network • Shortcutting on local roads by vehicles entering or exiting the 407 and the East Link • Traffic funnelling and congestion on those local roads that are not truncated • Alternative detour routes (EDRs) in the event of an emergency • Access for emergency vehicles; additional delays created as the result of road closures It is the CAC's opinion that no local roads should be truncated because of the 407 and the East Link. The CAC also strongly recommends that a local PIC on the issue of road closures be held to inform the residents of Clarington and to gain their input. • Interchanges —The Committee notes that, given the large amount of growth projected to occur in north Bowmanville, they agree with two full interchanges being provided, although they question why an interchange is being built at Bethseda Road rather than at Liberty Street. • Agricultural access o Under/overpasses should be large enough to accommodate both farm equipment and other road users to minimize the potential for conflicts. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 TF 1-800-563-1195 F 905-623-0830 694 MEMO— CLARINGTON 407 CAC PAGE 2 o Sufficient visibility on overpasses for oncoming traffic to see farm equipment on the road o Access between farm properties o The positioning of overlunderpasses with respect to the location of farms • Access for school busses/postal routes/snow ploughing/other services HERITAGE ISSUES • Affected Heritage Buildings —There are a number of heritage homes located on the technically recommended route that the Committee would like to see saved. The homes can be moved however only over short distances (5 to 7 km) as there are generally too many obstructions. Issues that need to be addressed include: • Cost implications to moving heritage farm houses • Enhancements for community—e.g. cluster of heritage homes • Shortage of suitable sites for the relocation of heritage homes. Heritage homes affected by the 407 should be given priority consideration for remnant lots for which building permits would be available. AGRICULTURAL IMPACTS • Severance of farms by the 407 and East Link— remnant parcels should be large enough to be farmed • Potential quality and quantity impacts on wells used by farmers for domestic purposes, as well as for agricultural operations (eg. watering crops, livestock) • Impact of severing farm properties on farm operations— eg. fencing, replacement of farm build ings/i nfrastructure • The issuance of residential building permits on remnant parcels could further hinder the ability of the agricultural community to undertake normal farm operations • Has secondary sourced data (eg. types of farming operations) been ground truthed and verified PROPERTY/COMMUNITY IMPACTS The Committee strongly recommends that MTO be requested to develop a strategy, in conjunction with the Municipality, to deal with remnant lots created by the 407 and East Link. Issues that need to be considered include: • Whether residential building permits will be permitted on remnant parcels, including within the Greenbelt • The Impact of additional residential lots in the rural area on the local agricultural community • Ownership of remnant parcels • Opportunities for enhancement • The creation of land locked parcels • Well impacts - Encouraging MTO develop a protocol for compensating property owners whose well water quality and/or quantity are adversely affected by the new highways • Community division • Native land claims (archaeological assessments along route) • Individual homeowners and industrial/commercial properties — how will properties rendered unsellable by the new highways be dealt with by MTO? 695 MEMO—CLARINGTON 407 CAC PAGE 3 How MTO could effectively engage and inform affected property owners. Many property owners may not be aware of the property acquisition process and the related timelines and constraints (e.g. budget considerations). MTO should provide a general explanation to all impacted property owners about the various options available (e.g. willing sellerlbuyer basis; pre-EA approval and route designation, vs expropriation after designation etc.) NATURAL ENVIRONMENT IMPACTS • Protocols for stream crossings (culvert vs. bridge) • Setbacks and buffers ambience • Migratory routes Wildlife crossings/connectivity • Noise and lights Air quality, emissions, tire wearing, pavement wear down, oil and other fluid leaks • Salt (groundwater recharge areas/fish habitat) SAFETY • Consistent fog (stream valleys) • Winter driving north of Taunton COMMUNICATION/ENGAGEMENT STRATEGY The Committee recommends that MTO be encouraged to: • Provide formal presentations and question and answer sessions at PICs for the remainder of the EA process • Commit to hosting local PICs for local issues such as road truncation, protection of heritage resources, etc. • Develop a strategy to more actively engage local businesses in the EA process • Provide more than newspaper advertisement for PICs. In closing, the Clarington Highway 407 Community Advisory Committee would like to thank Council for appointing them to the Committee and allowing us the opportunity to present these comments to Council. Our work with the Committee has allowed us to become more involved with and knowledgeable about the Highway 407 East EA process. We hope that these comments are of assistance to Council as you deal with the many issues related to the extension of Highway 407. Sincerely BradfordSoks Bradford Soles, Chair Clarington Highway 407 Community Advisory Committee 696 Attachment 9 To Report PSD-135-07 CIarJ�g�ro� ; heading the Way MEMO TO: Janice Szwarz, Senior Planner, Special Projects FROM: Isabel Little, Planner, Special Projects DATE: October 18, 2007 RE: Clarington Heritage Committee Comments Ministry of Transportation 407 East Mainline and East Link File no. PLN 34.15.3 The Clarington Heritage Committee has completed a detailed review of the recommended route for the east mainline and east link through Clarington. They have identified 19 properties containing built cultural heritage resources that are either near, impacted by, or directly in the path of the proposed route. Attached are photographs and a list of these resources identified by their heritage status, municipal address, inventory number, and how they are impacted by the proposed highway. Clarington's cultural heritage resource inventory contains four classes, Designated, Primary, Secondary, and Heritage Merit. Designated properties are those which have been formally designated under the Ontario Heritage Act. Primary properties are those which contain structures which are considered to be the best examples of a particular style of architecture. Secondary properties contain those structures that have been built with a vernacular interpretation of a particular style of architecture. Heritage Merit properties would contain structures generally built after 1900 which still retain the majority of their original architectural features. These definitions are guidelines used by the Heritage Committee. Each property is evaluated for its architectural significance and any cultural significance that may be associated with the property. Attached is a map of the technically recommended route showing the location of these built heritage resources along with photographs of each building. There are five properties shown on the map where it appears that the house is directly within the proposed route. • 1909 Bloor Street (H116) • 7500 Highway 115 (H754) • 5658 Bethesda Road (H68) • 5531 Bethesda Road (H43)) • 5681 Acres Road (H111) The first property, located at 1909 Bloor Street, is of particular concern as it is designated under the Ontario Heritage Act. The next four properties are all Primary heritage resources. The Ministry of Transportation owns two of these Primary resources, 5531 Bethesda Road and 5681 Acres Road, which they have currently mothballed pending the final route selection. 697 The Clarington Heritage Committee has submitted comments stating that they have not endorsed the route. In the attached submission they have indicated that, in the event that the highway proceeds as it currently proposed, they would like the following prepared for each of the five built heritage resources that will be disrupted: • Site history of each structure • Area history of the property and surrounding neighbourhood • Site plan footprint of each structure • Measured drawings of the floor plans • An interior and exterior photographic record • Video virtual tour of each structure's interior, exterior and vista They are requesting that the Ministry of Transportation consider developing building lots to accommodate heritage resources that need to be relocated. This can be accomplished through the development of a heritage subdivision or through Ministry support for the severance of new building lots. They have also requested that any lots that may be created by the highway severing larger parcels be considered as viable building lots that could accommodate built heritage resources that need to be moved to save them from demolition. For those structures that can not be moved they have asked that historical artifacts be salvaged from the buildings with first choice going to the local historical societies and second choice going to the general public. The CHC have offered to provide their assistance to the Ministry in accomplishing what they have requested. The Committee Chair, Victor Suppan, can be contacted by phone at 905-263-4045, or by e-mail at csuppan(a)durham.net. Please provide a copy of their comments to the appropriate Ministry staff and the members of the Clarington 407 Community Advisory Committee. Thank you. Isabel cc: Victor Suppan, CHC Chair CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 698 Built Heritage Resources Directly within the Technically Recommended Route r 1909 Bloor Street, Darlington Township Heritage Inventory Number H116 Heritage Status- Designated under the Ontario Heritage Act Within 407 East Link .ffy; 7500 Highway 115, Clarke 5658 Bethesda Road, Darlington Heritage Inventory Number H754 Heritage Inventory Number H68 Heritage Status—Primary Heritage Status—Primary Within 407 East Mainline Within 407 East Mainline 699 I J� 5531 Bethesda Road,Darlington Township Heritage Inventory Number H43 Heritage Status—Primary Ministry of Transportation property Within 407 East Mainline ke ` 5681 Acres Road, Darlington Township Heritage Inventory Number H 111 Heritage Status—Primary Ministry of Transportation property Within 407 East Mainline 699001 Built Heritage Resources on Properties Affected by the Technically Recommended Route i 6097 Leask Road, Darlington Township Heritage Inventory Number H123 Heritage Status— Secondary 407 East Mainline cuts through property y �I 5 3478 Darlington Clarke Townline Road, Darlington Township Heritage Inventory Number H34 Heritage Status- Primary 407 East Mainline cuts through property 1520 Concession Road 6, Darlington Township Heritage Inventory Number H750 Heritage Status— Secondary 407 East Mainline cuts through property 699002 r 3260 Concession Road 7, Clarke Township Heritage Inventory Number H751 Heritage Status— Secondary 407 East Mainline cuts through property 3226 Concession Road 7, Clarke Township Heritage Inventory Number H755 Heritage Status—Secondary 407 East Mainline cuts through property * r •� Le �« �"�L 1731 Concession Road 6, Darlington Township Heritage Inventory Number H113 Heritage Status— Secondary 407 East Mainline cuts through property 699003 5649 Rundle Road, Darlington Township, Heritage Inventory Number H752 Heritage Status— Secondary 407 East Mainline cuts through property A 5649 Rundle Road bar Heritage Inventory Number H752 Heritage Status— Secondary 4r,. A � 5649 Rundle Road,barn side view Heritage Inventory Number H752 Heritage Status— Secondary 699004 Built Heritage Resources on Properties in Close Proximity to the Technically Recommended Route J. r i �f 5415 Solina Road, Darlington Township Inventory Number H 15 7 Heritage Status—Designated under the Ontario Heritage Act Ministry of Transportation leased property Heritage Assessment on record South of 4pp07 East Mainline f � i s a 111 1604 Concession Road 6, Darlington Township Heritage Inventory Number H84 Heritage Status—Primary North of 407 East Mainline 5561 Regional Road 14, Darlington Township Heritage Inventory number H166 Heritage status— Secondary No picture available at this time South of 407 East Mainline 699005 Built Heritage Resources in the Vicinity of the Technically Recommended Route ilk ti a .t J 1 J44 S� n 5709 Old Scugog Road, Darlington 4059 Solina Road,Darlington Heritage Inventory Number H6 Heritage Inventory Number H30 Heritage Status- Primary Heritage Status - Primary 3662 Concession Road 8, Clarke 5987 Holt Road, Darlington Heritage Inventory Number H399 Heritage Inventory Number H753 Heritage Status—Secondary Heritage Status—Heritage Merit 699006 40T Technically Recommended Route (Draft, June 2007) Aw sad tv a tit of w t' jq t ` t Ni: . Al d a ` i43 t '�^ 1� LL"�'z� � �� °a°x�k, « • �` p Y�� � ,e • a' -. e"# d�, f 1•+'E� �� ILK W t � s • • , • •11 HERITAGE MUNICIPAL INVENTORY IMPACT ON STATUS ADDRESS NUMBER PROPERTY Designated under 1909 Bloor Street H116 Directly in route Ontario Heritage Act Designated under 5415 Soling Road H157 Just south of route Ontario Heritage Act Prim 7500 Hi hwa 115 H754 Direct] in route Prim 5658 Bethesda Road H68 Direct] in route Prim 5681 Acres Road HI I 1 Direct] in route Prim 5531 Bethesda Road H43 Dirent1v in route Primary 1604 Concession Road 6 1 H81 Just north of route Primary 5709 Old Scugog Road H6 In vicinity of route Prim 4059 Solina Road H30 In vicinity of route Secondary 6097 Leask Road H123 Cuts through property north of house Secondary 3478 Darlington Clarke H34 Cuts through property Townline Road south of house Secondary 1520 Concession Road 6 H750 Cuts through property north of house [Secondary condary 3260 Concession Road 7 H751 Cuts through property north of house 3226 Concession Road 7 H755 Cuts through property north of house condary 1731 Concession Road 6 Hl 13 Cuts through property south of house Secondary 5649 Rundle Road H752 Cuts through property south of house and barns Second 5561 Re ional Road 14 H196 Just south ofroute Secondary 3662 Concession Road 8 H399 In vicinit of route Heritage Merit 5987 Holt Road H753 In vicini of route 699008 October 17, 2007' Ms.Janice Szwarz Senior Planner, Special Projects Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 RE: Clarington Heritage Committee Comments on the 407 Technically Recommended Route The Clarington Heritage Committee (CHC) formally requests that the built cultural heritage resources impacted by the construction of Highway 407 and identified by the CHC as per the Ontario Heritage Act for the Municipality of Clarington be protected and preserved. The CHC has not endorsed the route. We are appreciative of the 407 East Environmental Fact Sheet that was produced for the June 2007 open house for public distribution titled Heritage and the desire indicated in the Fact Sheet to properly treat the impacted heritage structures. The CHC has reviewed the recommended route through Clarington and have determined that a total of five (5) culturally significant built heritage structures will be in danger of being moved or worse demolished. These properties are identified as: 1909 Bloor Street • 7500 Highway.115 5658 Bethesda Road 5531 Bethesda Road • 5681 Acres Road The Ministry of Transportation has recognized the importance of these heritage structures and has indicated on the Fact Sheet that it is MTO's responsibility to plan and build transportation facilities with minimal impact to the environment and heritage resources. In the event that the technically recommended route proceed as is the June 2007 draft indicates,prior to the disruption of these built heritage resources; we would request that the following be conducted for each property: 1. Site history of each structure 2. Area history of the property and surrounding neighbourhood 3. Site plan footprint of each structure 4. Measured drawings of the floor plans 5. An interior and exterior photographic record 6. Video virtual tour of each structure's interior, exterior and vista For those built heritage structures that cannot be moved onto an adjacent location within its current property lines we would suggest that MTO consider developing building lots to accommodate structures that need to be relocated. With all the restrictions placed on land severances due to the greenbelt and agricultural preservation there are limited locations for these built heritage structures to 699009 move to. MTO should consider either developing a heritage conservation subdivision (similar to Markham where a number of 407 displaced heritage structures were relocated)to accommodate these buildings or ensure those members of the public willing to move the structures that the creation of new building sites will be supported by the Ministry. The construction of the highway may result in the severance of larger parcels thereby creating building lots that could accommodate residential uses. We would request that these lots be considered as appropriate locations for the relocation of built heritage resources that need to be moved to save them from demolition. For those structures that cannot be moved we would suggest that historical artifacts be salvaged from the structure. Our local historical societies should have first choice and then the general public. With the limited manpower resources at the Ministry and the desire to accomplish the above, we would be willing to work with the Ministry and their heritage consultants to provide input on the task at hand to ensure its successful outcome. Sincerely, Vic IDp Chair, Clarington Heritage Committee cc: Ministry of Transportation cc: Councillor Novak cc: Clarington 407 CAC 699010 C�ar�ngton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, November 19, 2007 Report#: PSD-136-07 File No's: A2007-0055,A2007-0057 By-law#: A2007-0058, A2007-0059 & A2007-0060 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF NOVEMBER 8, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-136-07 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on November 8, 2007 for applications A2007-0055, A2007-0057, A2007-0059 and A200]- 0060 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of.the Committee of Adjustment. 3. THAT Council does not concur with the decisions of the Committee of Adjustment made on November 17, 2006 for application A2007-0058 and authorizes staff to appeal the decision of the Committee of Adjustment to the Ontario Municipal Board. Submitted by: Reviewed by: Davi *Crome, . . .P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer PW*CP*DC*sh 1 November 13, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830 699011 REPORT NO.: PSD-136-07 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 NOVEMBER 8, 2007 Application Number Staff Recommendation Decision of Committee A2007-0055 Approve with conditions Approved with conditions A2007-0057 Approve Approved A2007-0058 Deny Approved A2007-0059 Table Tabled A2007-0060 Approve with conditions Approved with conditions 1.2 Application A2007-0058 was filed to permit the enlargement of an accessory building (detached garage) by increasing the maximum permitted height from 5 metres to 5.7 metres. The applicant had originally applied for, and received approval for, a minor variance (A2007-0044) to permit the construction of an accessory building (detached garage) by increasing the maximum permitted lot coverage from 40% to 55% of the main building floor area, on August 16", 2007. A building permit was subsequently submitted for the construction of a detached garage at this property. During a review of the building permit for Zoning By-law compliance Staff made an error in reviewing the drawings. The height of the proposed building was actually 5.4 metres which exceeded the . 5.0 metres maximum height requirement permitted under the Zoning By-law. While the garage was under construction it was brought to Staffs attention that the building was even taller in size than the dimensions indicated on the approved building permit. Measurements taken by the Clarington Building Division confirmed that the building's walls were two feet (2') taller than indicated on the building drawings. This increased the height of the already non-complying building to 6.03 metres. The Building Division issued a stop work order until the revised drawings could be reviewed by Staff. The applicant proceeded to satisfy the requirements of the Building Division while filing another minor variance application to recognize the non-complying height of his building. 699012 REPORT NO.: PSD-136-07 PAGE 3 The application was circulated as a height variance from 5.0 metres to 6.1 metres. This is done in order to create a margin of error which allows for slight discrepancies in height measurement or ground settling during and after construction. Staff noted that the proposed height increase from 5.0 metres to 6.03 metres would result in an increase of 20%. Staff did not find this increase to be minor in nature. Research was conducted into the maximum size of recreational vehicles (RVs) for which the applicant intends to use the detached garage. It was found that the largest commercially available RVs were no taller than 3.9 metres (12.75 feet) in height. The largest overhead door in the new garage measures 4.9 metres (16 feet) in height. Staff did not feel that an additional 1 metre of clearance, above the top of the RV, was required and therefore the need for the height requirement for this purpose had not been demonstrated. Staff conducted site inspections of the surrounding neighbourhood and found that none of the adjacent properties had detached accessory buildings which exceeded the 5.0 metres maximum height requirement. Therefore Staff did not find the it to be a desirable form of development for the surrounding neighbourhood. The committee members disagreed with staffs evaluation of the 1.1 metres height increase in stating that the new garage was only visible when travelling eastbound on Regional Highway 2 and not from in front of the dwelling, from Kurve Inn Road or while travelling westbound on Regional Highway 2. 1.3 Application A2007-0059 was filed to permit the extension of a legal non-conforming dwelling, located in an Environmental Protection Zone, by adding a 47.5 m2 second storey and a 12 m2 first floor addition to the existing dwelling. Further review of this application revealed that an 8 m2 covered porch area had not been identified on the initial application and public notice. In order to re-circulate the application for the correct floor areas and to allow time to receive all outstanding agency comments, staff recommended that this application be Tabled until a meeting to be scheduled for Thursday, December 6m 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2007-0055, A2007-0057, A2007-0059 and A2007-0060, are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable for the appropriate development of the respective properties. Council's concurrence with the decisions for applications A2007-0055, A2007-0057, A2007-0059 and A2007-0060, is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal. 699013 REPORT NO.: PSD-136-07 PAGE 4 2.2 It is recommended that Council appeal the decision of the Committee of Adjustment with respect to application A2007-0058. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 699014 Attachment To Report PSD-136-0' Clarington Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: EATLY DRAFTING OWNER: MARIE NARINI PROPERTY LOCATION: 6186 ENFIELD ROAD, DARLINGTON PART LOT 31 & 32, CONCESSION 6 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0055 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 100% OF THE MAIN BUILDING FLOOR AREA TO A MAXIMUM OF 223 M2. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 55% OF THE EXISTING MAIN BUILDING FLOOR AREA, TO A MAXIMUM OF 123 MZ, SUBJECT TO THE FOLLOWING CONDITIONS: • THAT THE DETACHED GARAGE BE SETBACK AS PROPOSED A MINIMUM OF 42 METRES FROM THE FRONT PROPERTY LINE AND 24 METRES FROM THE SOUTHERLY INTERIOR PROPERTY LINE; • THAT NO ADDITIONAL DRIVEWAY BE PERMITTED FOR ACCESS TO THE ACCESSORY BUILDING; • THAT NO EXISTING DRAINAGE PATTERNS ARE ALTERED OR ADVERSELY AFFECTED AS A RESULT OF CONSTRUCTION; • THAT WRITTEN PERMISSION IS OBTAINED FROM CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY PRIOR TO CONSTRUCTION ON THIS SITE; AND • THAT A MINIMUM OF (20) TWENTY SPRUCE TREES REMAIN AS NATURAL SCREENING ALONG ENFILED ROAD, AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS.: DATE OF DECISION: November 8, 2007 LAST DAY OF APPEAL: November 28, 2007 699015 Clartgton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: LIFESTYLE SUNROOMS OWNER: SHEL MCILMOYLE PROPERTY LOCATION: 15 NIAGARA TRAIL, WILMOT CREEK PART LOT 3, CONCESSION BF FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0057 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO THE PRIMARY DWELLING BY REDUCING THE REQUIRED LOT LINE SETBACK FROM 7.5 METRES TO 4.27 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ADDITION TO THE PRIMARY DWELLING BY REDUCING THE REQUIRED LOT LINE SETBACK FROM 7.5 METRES TO 4.27 METRES AS IT IS MINOR, DESIRABLE, AND MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: November 8, 2007 LAST DAY OF APPEAL: November 28, 2007 699016 Clar�ngto� Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: MUNICIPAL SOLUTIONS OWNER: ROD COCHRANE PROPERTY LOCATION: 3191 HIGHWAY 2, CLARKE PART LOT 35, CONCESSION 2 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2007-0058 PURPOSE: TO PERMIT THE ENLARGEMENT OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 5 METRES TO 6.1 METRES. DECISION OF COMMITTEE: TO APPROVE THE ENLARGEMENT OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 5 METRES TO 6.09 METRES AS IT IS MINOR, DESIRABLE, AND MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: November 8, 2007 LAST DAY OF APPEAL: November 28, 2007 699017 Clar�n�to� ' Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TERA NICHOLSON OWNER: TERA NICHOLSON PROPERTY LOCATION: 62 OLD KINGSTON ROAD, COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0059 PURPOSE: TO PERMIT THE EXTENSION OF A LEGAL NON-CONFORMING DWELLING, LOCATED IN AN ENVIRONMENTAL PROTECTION ZONE, BY ADDING A 12 M2 FIRST FLOOR ADDITION AND A 47.5 M2 SECOND STOREY ADDITION TO THE EXISTING DWELLING. DECISION OF COMMITTEE: TO TABLE THE-APPLICATION UNTIL THURSDAY, DECEMBER 6, 2007 DATE OF DECISION: November 8, 2007 LAST DAY OF APPEAL: November 28, 2007 699018 Clarin��W�/�/n Leading the Way V PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: GARY CHAPPELL OWNER: GARY CHAPPELL PROPERTY LOCATION: 4118 CONCESSION RD 4, CLARKE PART LOT 16, CONCESSION 4 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2007-0060 PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM ALLOWABLE LOT COVERAGE FROM 40% TO 65% OF THE MAIN BUILDING FLOOR AREA TO A MAXIMUM OF 101 SQUARE METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM ALLOWABLE LOT COVERAGE FROM 40%TO 65% OF THE MAIN BUILDING FLOOR AREA TO A MAXIMUM OF 101 MZ AS IT IS MINOR, DESIRABLE, AND MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS SUBJECT TO THE REMOVAL OF THE EXISTING SHED BY JUNE 30, 2008 AND PROVIDED THAT NO EXISTING DRAINAGE PATTERNS ARE ALTERED OR ADVERSELY AFFECTED AS A RESULT OF CONSTRUCTION. DATE OF DECISION: November 8, 2007 LAST DAY OF APPEAL: November 28, 2007 699019 Clarin n Leadtag the Way REPORT . , . ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 19, 2007 Resolution #: Report#: EGD-057-07 File #: By-law#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER,2007. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-057-07 be received for information. Submitted by: Reviewed by: `r A. S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC*RP*bb November 12, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-1624 701 REPORT NO.: EGD-057-07 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of OCTOBER 2007, Staff wish to highlight the following statistics for the information of Committee and Council MONTH OF OCTOBER 2007 2006 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2007-2006 Residential 79 $12,697,890 78 $15,788,770 -19.6% Industrial 1 $30000 2 $39,800,000 -99.9% Government 1 $2,000 1 $15,000,000 -100.0% Commercial 5 $398,000 2 $310,000 28.4% Institutional 1 $3,402,680 10 $808,500 320.9% Agricultural 1 $289,200 3 $377,850 -23.5% Demolition 3 $0 3 $0 N/A TOTAL 91 $16,819,770 99 $72,085,120 76.7°k 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 753 $123,097,031 762 $135,061,941 8.9°k Industrial 12 $6,616,800 20 $45,390,666 -85.4% Government 2 $42,000 6 $16,815,000 -99.8% Commercial 49 $15,539,199 49 $4,962,005 213.2% Institutional 13 $4,808,980 25 $4,078,371 17.9% Agricultural 24 $5,890,407 16 $1,267,171 364.8% Demolition 34 $0 41 $0 N/A TOTAL 887 $155,994,417 919 $207,575,154 -24.8% 702 REPORT NO.: EGD-057-07 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 HOPE FELLOWSHIP CHRISTIAN Hope Fellowship Christian 1,685 BLOOR STREET, COURTICE $3,402,680 REFORMED CHURCH Reformed Churc COPART CANADA INC Alteration to 175 OSBOURNE ROAD, COURTICE $250,000 Office/Warehouse VANBELLE GARDEN CENTRE LTD Addition to Greenhouse 1,979 HIGHWAY 2, DARLINGTON $289,200 703 REPORT NO.: EGD-057-07 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "OCTOBER" and "YEAR TO DATE". Dwelling Uidt Type"OCTOBER" 2007 Dwelling Unit Type"YEAR TO DATE 2007" 16 0 3 91 Apartrnert Townhouse Apartment Townhous 28% 0% 1% e 17% 336 29 Single 12 Single 100 Detached Semi Detached Semi- 63% Detached 51% Detached 21% 19% F Single Detached 29 ■Single Detached 336 ■Semi-Detached 12 ■Seml-Detached 100 ❑Townhouse 16 ❑Townhouse 91 cApartment0 o Apartment 3 The following is a historical comparison of the building permits issued for the month of "OCTOBER" and "YEAR TO DATE"for a three year period. Historical Data for Wtonth of Historical Data 'YEAR TO DATE" "OCTOBER" [1$155,994.417 $so,000,000 $60,000,000 $40,000,000 0 $20,000,000 0 $0 0 2007 2006 .2005 2007 11 $72,085,120 L$6,792,724 ©Value $16,819, e $155,994,417 $207,575,154 $176,1710,554 704 REPORT NO.: EGD-057-07 PAGE 5 PERMIT REVENUES 2007 2006 October Year to Date October Year to Date PERMIT FEES $129,977 $1,196,523 $243,874 $1,376,088 INSPECTION SERVICES 2007 2006 October Year to Date October Year to Date Building Inspections 552 4,966 606 4,865 Plumbing & Heating Inspections 598 4,777 489 4,405 Pool Enclosure Inspections 0 0 0 0 TOTAL 1,150 9,743 1,095 9,270 NUMBER OF NEW RESIDENTIAL UNITS 2007 2006 October Year to Date October Year to Date Single Detached 29 336 28 360 Semi-Detached 12 100 6 92 Townhouse 16 91 14 62 Apartments 0 3 72 275 TOTAL 57 530 120 789 705 REPORT NO.: EGD-057-07 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2007 (to end of 2006 2005 2004 2003 2002 2001 2000 ' 1999 1998 1997 AREA October) Bowmanville 367 608 307 587 468 345 312 188 184 313 423 Courtice 69 126 241 173 180 133 129 231 296 254 295 Newcastle 55 83 202 191 123 131 76 110 78 4 5 Wilmot Creek 14 i5 rl 25 29 38 24 19 21 33 21 Orono 0 1 2 0 1 0 0 1 0 0 Darlington 5 7 15 13 17 47 102 31 14 19 Clarke 11 12 10 16 15 9 17 17 12 20 Burketon 0 0 1 1 1 0 1 0 Enfield 0 0 0 0 0 0 0 0 0 3 Enniskillen 0 1 1 1 D 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 5 3 3 3 3 1 1 0 0 0 1 Tyrone 0 0 0 0 3 P7091 3 0 0 0 0 TOTALS 530 859 802 1,015 843 609 679 640 636 801 706 Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday November 19, 2007 Resolution#: Report #: EGD-058-07 File #: By-law#: Subject: PROPOSAL TO CLOSE AND CONVEY A PORTION OF AN UNOPEN ROAD ALLOWANCE SITUATED BETWEEN LOT 16 8, 17, CONCESSION 10, FORMER TOWNSHIP OF DARLINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-058-07 be received; 2. THAT Council authorize the publication of a notice of application that the Municipality intends to pass a by-law to close that part of the unopen road allowance situated between Lots 16 & 17, Concession 10, Former Township of Darlington, pursuant to section 34 of the Municipal Act and By-Law No. 95-22 (Attachment 1); 3. THAT when Section 34 of the Municipal Act and By-Law No. 95-22 have been complied with, Council pass a by-law and declare that portion of the road allowance to be surplus; 4. Subject to Council's consideration of any representations made at the public meeting respecting the passing of by-laws authorizing the closure of the subject lands as a public highway, declaring the subject lands to be surplus, and its conveyance to the applicant, Council pass the necessary by-laws to implement this report; 5. THAT the applicant pay all legal, advertising, appraisal and land costs associated with this transaction; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 707 Report#EGD-058-07 Page 2 6. THAT St. Mary's Cement Inc. be advised of Council's decision. Respectfully by, Submitted by: A.S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASCro November 12, 2007 708 Report#EGD-058-07 Page 3 1.0 BACKGROUND 1.1 St. Mary's Cement Inc. are the owners of 4 separate parcels of land located in both Lot 16 and Lot 17, Concession 10, in the former Township of Darlington. The 4 parcels of land are situated immediately adjacent to an unopen road allowance owned by the Municipality. St. Mary's Cement Inc. wishes to obtain title to the road allowance and have submitted a formal Application for Road Closure and Conveyance to the Municipality. 2.0 MUNICIPALITY POLICY AND PROCEDURES FOR ROAD CLOSURES 2.1 In accordance with the Municipality Policy and Procedure for Road Closures, the Application for Road Closure and Conveyance has been submitted to the Municipality and the Director has made a preliminary determination that the road allowance is not likely required for public highway purposes. The Policy and Procedure for Road Closure further states that the applicant must pay a non-refundable application fee, obtain consent of the abutting property owners, provide a draft reference plan, and pay appraisal, advertising, legal and land costs. The Municipality must under By-Law 95-22, declare the land surplus and also determine whether the surplus property shall be sold by the acceptance of an offer from a member of the public in response to a tender, sold at its appraised fair market value to adjacent owners or exchanged for other property of equal or greater value. Under the Municipal Act, the Municipality must give notice of its intention to pass a by-law closing the road allowance. Under the Municipality's Policy and Procedure, the Municipality must circulate the application to all appropriate parties (Agencies and Utilities), hold a public hearing and, if Council approves, pass a by-law closing the road, pass a by-law declaring the land surplus, and a by-law conveying the property. 709 Report##EGD-058-07 Page 4 3.0 CONCLUSION 3.1 The Director of Engineering Services has determined that this unopen road allowance situated between Lots 16 and 17, Concession 10, Former Township of Darlington is not required for the municipal road network. It is therefore recommended that Council declare this part of the road allowance as surplus land and that staff be directed to process the application to close and convey the subject land. Attachments: Attachment 1 - Key Map List of Interested Parties: St. Mary's Cement Inc. 710 Boundary Rd Scugog oun ary Rd ! i 1 LO ,'S� -� r ,� ! LOT 17 LOT 16 LOT.15 r St.Lawrence&Hui Relfwgr "At j S?mab Rd _..q CONC. 10 , C.) `t/ Road Allowance to be Closed and Conveyed Cone Rd 10 pa Burketon j `� — j CONC. 9 I I j I - - 'I MIM p ,y {Ili 1 OUNDARY ROAD ^ .. u _ ......_ ._ � N �n r = it - Road Allowancelo be -- —i-` -- -- F Closed & Convey CONCESSION 101 ed yl_ O - h \ Q Q Cr CONCESSION' g i -JI LpO, Q0O w --`— Lp o , ! — [DRAVEEEI.L. DATE: November 13, 2007 DARLINGTON ;i REPORT EGD-058-07 j it KEY MAP ATTACHMENT NO. 1 71 1 G:Wnachm ntslRoadClosurel-otsl 5-17-Conc-10.=d • Clan'- Leading the kVay REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 19, 2007 Report #: OPD-011-07 File #: By-Law #: Subject: Emergency Replacement of Hampton Operations Hoist Recommendations: " It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-011-07 be received; and 2. THAT the hoist be replaced and the cost to replace this equipment be financed from the Operations Equipment Fleet Reserve Fund; FORTHWITH. t Submitted by: / Reviewed b(- x-- - F Franklin Wu, B.A., ' .D.M.R., R.R.F.A. Chief Administrative Director of Operations Officer FH/AP/kr 801 REPORT NO. OPD-01 1-07 PAGE 2 During the summer of 2007 the Hampton Operations hoist number one was put out of service due to a cracked and leaking rear cylinder. Crown Maintenance of Oshawa ran several tests before finding that this hoist is leaking from the bottom portion of the cylinder at the rear twin cylinders. This hoist is twenty plus years of age and has provided many years of reliable service with minimal repairs required. This hoist is used on a daily basis by Fleet Services to service"and repair all of the municipal fleet. This is a 60,000 lb hoist which will be replaced with a 75,000 lb capacity hoist complete with both front and rear cylinder safety locks, as requested by the Ministry of Labour. The replacement of this hoist at this time is critical to the daily operations of Fleet Services: The estimated cost for the replacement is $60,000, financing is recommended from the Operations Equipment Fleet Reserve Fund and it is recommended that the 2007 budget account number 110-36-388-83642-7401 be amended to include this item. The Director of Finance has reviewed and concurs with the recommendation. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)263-2292 F(905)263-4433 802 Clar�gton Ong tke Way REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 19, 2007 Report M ESD-015-07 File # 10.12.6 By-law# Subject: MONTHLY RESPONSE REPORT— OCTOBER 2007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: V THAT Report ESD-015-07 be received for information. V Submitted by: fLQ.••�-- � Reviewed by: Gordon Weir, AMCT, CMM111 Franklin Wu. Director Emergency & Fire Services Chief Administrative Officer GW*sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F 905)623-6506 901 REPORT NO: ESD-015-07 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month October 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 313 calls during this period and recorded total fire loss at $42,500. A breakdown of calls responded to follows in the table attached. Attachment: Activity Report 902 CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT Period: October 1, 2007 00:00:00 to October 31, 2007 23:59:59 CALL TYPE VOLUME STATION 1 STATION 2 STATION 3. STATION 4 STATION 5 CALL CALL TYPE BOWMANVILLE NEWCASTLE ORONO COURTICE ENNISKILLEN TYPE PERCENTAGE PROPERTY FIRE TOTALS 4 3 CALLS 1 3 0 If 3.5% BURNING COMPLAINTS 3 0 0 4 1 8 2.6% FALSE FIRE CALLS 28 5 2 11 4 50 16.0°k PUBLIC HAZARD CALLS 16 3 1 7 2 29 9.3% RESCUE CALLS 21 8 2 7 4 42 13.4% MEDICALASSIST CALLS 74 15 8 30 4 131 41.9% MISCELLANEOUS 19 10 CALLS 5 7 1 42 13.4% TOTAL FOR MONTH 165 44 19 69 16 313 100.0% YEAR TO DATE 1500 . 382 181 725 131 2919 .. YEAR PERCENTAGE DATE 52.7% 14.1% 6.1% 22.0% 5.1% 100.0%, STANDYBY CALLS 1 0 0 2 0 3 DOLLAR LOSS $20,000 $10,500 $2,000 $10,000 $0 $42,500 APPARATUS CALL VOLUME STATION 1 PUMPER 1 SCAT 1 PUMPER 11 TANKER 1 UTILITY 1 AERIAL 1 RESCUE 1 339 222 56 38 2 0 9 12 STATION 2 PUMPER 2 TANKER 2 69 52 17 STATION 3 PUMPER 3 TANKER 3 UTILITY 3 - ATV 97 24 70 2 1 STATION 4 PUMPER 4 PUMPER 44 TANKER 4 137 122 13 2 STATION 5 PUMPER 5 TANKER 5 25 22 3 667 344 56 149 94 2 10 12 903 Clar�ngton ceadtngtheWay REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 19, 2007 Resolution #: Report#: CSD-017-07 File #: By-law #: Subject: MUNICIPALITY OF CLARINGTON'S APPLICATION TO THE YOUTH FRIENDLY COMMUNITIES RECOGNITION PROGRAM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-017-07 be received; 2. THAT Council endorse the application for the Municipality of Clarington, as required, to be recognized as a Youth Friendly Community.(14 Submitted by: Reviewed by:6 Jos p P. Caruana Franklin Wu Dir c r of Community Services Chief Administrative Officer JPC/SM/JM CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-5506 1001 REPORT NO.: CSD-017-07 PAGE 2 1.0 BACKGROUND 1.1 The Play Works Partnership is a committed group of representatives from a variety of organizations including 4-H Ontario, Arts Network for Children and Youth, Boys & Girls Clubs of Ontario, Educational Research and Youth Representatives, Laidlaw Foundation, Ontario Physical and Health Education Association, Ontario Young People's Alliance, Parks and Recreation Ontario, Sport Alliance of Ontario and the YMCA who are concerned about the future of youth. They represent the areas of sport, physical activity, civic engagement, arts and culture, rural youth and recreation. They have come together to do something about an issue that has been relegated to the sidelines of society; youth play and activity in Ontario. 1.2 The Play Works Partnership introduced the Youth Friendly Community Recognition Program in December 2004. The program is searching for Ontario communities that are youth friendly, which means that the community actively supports and provides opportunities for the growth and development of youth (13-19) through play. 2.0 APPLICATION PROCESS 2.1 Clarington offers a variety of opportunities and services for youth. Aside from the growing list of services and events offered directly by the municipality, Clarington has many other organizations that support positive growth and development of our youth. Many of these organizations will be approached to support this application, including but not limited to: The Firehouse Youth Centre Durham Regional Police Clarington Youth Advisory Committee Ontario Power Generation Local Businesses Boards of Education Local Sport Organizations Visual Arts Centre Clarington Public Library 2.2 Successful communities will be officially recognized by the Play Works Partnership; • Through a formal presentation (held at Queen's Park previous years) • As a "youth friendly" community in Municipal World Magazine and in a news release to media in Ontario • As a "youth friendly" community on the Play Works Partnership website • As a mentor for other communities to become "youth friendly' 1002 REPORT NO.: CSD-017-07 PAGE 3 3.0 COMMENTS 3.1 The application process will help to build awareness of the need to support youth and their involvement in our community. It will also help our community recognize our strengths in working with youth and to identify new ways to engage them. This process will also give our youth positive exposure and acknowledgement for the good work they do in contributing to our community. 3.2 Clarington has made significant strides in the area of youth. We continue to partner with other agencies to support and create positive opportunities for youth to grow, become involved, and have fun! Recognition through this program will help build awareness of the need to support youth and their involvement in the community. Attachment#1 —Youth Friendly Community Recognition Program 2007 1003 YoU' TH FRIENDLY COMMUNITY RECOGNITION PROG RA1V! 2 z i J S - . i A .v tea` IT O U `,l tea. T y 4 NITY 1' r7 o- �� _`-`"-'fie "' 3s"?m7�.- -��++e��;��Xy in Nti ¢ . "{ ,� �^':'• i Have you ever asked yourself if your community is "youth friendly?" presents the Youth Friendly Community Recognition Program. Play Works is on the search for communities in Ontario that are meeting the needs of adolescent youth. • Does your community believe in supporting youth? • Does your community offer young people opportunities to . participate in meaningful play? • Does your community have a variety of play activities, such as recreation, arts, drama, sports and dance? • Does your community offer play opportunities that include activism, volunteerism, and leadership development? If so,your community could be recognized as "youth friendly." Why get involved? Because it makes sense.A community where youth have the space, support and freedom to play tends to be one with less crime and more post-secondary graduates. Fewer people use social services and more people use bike paths.A community where opportunities for recreation, arts, culture and civic responsibility bloom is one that is healthy, competitive and artistic. Because youth are in danger of"being cancelled until further notice." Being active and engaged in the community is a vital part of the development of youth. It is crucial for their social, physical, intellectual and emotional development. Lack of investment and cutbacks in arts and recreation resources, in higher user fees and volunteer burn =F: out mean youth are being shut out of activities and places where they once thrived. Because as a youth friendly community,you will be helping to build a healthier, stronger community that is socially responsible and attractive to new business, new people and new investments. 1 Because with a Youth Friendly designation,your community will be recognized: • through a formal presentation (held at Queen's Park in previous years) • as a "youth friendly" community in Municipal World magazine • in a news release to media in Ontario • as a "youth friendly" community on the Play Works website • as a mentor for other communities to become 'youth friendly' e The application process will help to build awareness of the need to support youth and their involvement in your community-It will also help your community recognize its strengths in working with youth and to identify new ways to engage them. rinally, this process will give your youth positive exposure and acknowledgement for the good work they do in contributing to your community. T y ( a r7 5 WHO IS To apply ELIGIBLE • Fill out the application form and provide documentation as outlined on the application form, TO • Applicants must provide evidence that they meet at least ten out of 16 of the Any community in Ontario youth friendly criteria, as listed on the application form. It is not expected that apply.Communities can be all communities will meet a1136 criteria in the first year of application. Ongoing a geographically-specific development is encouraged so that communities can work toward meeting all neigbbourbood such as the criteria in the future. Lawrence Heights i Toronto, • The program is not a competition and there is no limit to the number of communities that will be recognized. However, meeting the minimum number of criteria does not automatically ensure recognition. community such as Deadline for applications is: December 34, 2007. . . . Please note:Two Orientation Sessions will be held via conference call, at which time your community can ask any questions you may have about completing the application form.Youth Friendly Community Mentors —those who are from Youth Friendly Communities and who have previously completed these forms— will be online to help guide you through the application process.The dates for these sessions are: October loth at 7:00 p.m.and October 38th at 7:00 p.m. Please call " 436.426-7o65 to register for one of these optional sessions. , Questions? Contact Marion Price: pwp @playworkspartnership.ca or (416) 426-7065. cr. fromanygroup LAY WpRRS r such as the faith -community, community i schools,etc. RIAY W, RRS _ PREVIOUS -/ Minister of Health Promotion,the Honourable Jim Watson,joins Mayors and Councillors from Youth Friendly Communities at Queen's Park(2ooi The Minister presented plaques to these communities to recognize their investment in youth play. Those involved with Play Works include: 4-H Ontario,Arts Network for Children and Youth, Boys and Girls Clubs of Ontario, Laidlaw Foundation,Ontario Physical and Health Education Association, Ontario Young People's Alliance, Parks and Recreation Ontario,Sport Alliance of Ontario,YMCA Ontario. • ° " "' F ABOUT PLAY WORKS Play Works is a group of organizations that are concerned about the future of ouryouth . „i and have joined forces to bring back the power of play to Ontario's young people. Play Works believes there are communities across r their doors to youth by reinvesting in youth play. Let us know about yours! PLAY WGRKS F .. t w Clarin n Leading the Way REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 19, 2007 Resolution #: Report #: CSD-019-07 File #: By-law #: Subject: SUMMARY REPORT -WORLD RECORD WALK — October 3, 2007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-019-07 be received for information. Submitted by: Reviewed by: J s aruana Franklin Wu it ctor of Community Services Chief Administrative Officer JPC/SMlEM/j CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-5506 1007 . REPORT NO.: CSD-019-07 PAGE 2 1.0 BACKGROUND 1.1 The World Record Walk (WRW) www.worldrecordwalk.ca took place on October 3, 2007 at over 2,000 venues across Canada. The Municipality of Clarington hosted an event at the Municipal Administrative Centre which took walkers on a 1.3 km route around downtown Bowmanville. The event in Clarington was, by all accounts, a success with 319 walkers taking part. 1.2 As of November 5, 2007, reported numbers across Canada in the World Record Walk event was 197,284. This number exceeds the current Guinness record held by Western Australia of 100,915 in 2006. Confirmation of Guinness World Record contention will be confirmed late in 2007. 1.3 Promotion was extensive for the event in Clarington. A variety of methods were used including: • In house signage • Canadian Statesman — Corporate Ads • Orono Times— article • Road signs in 3 locations (donated by Forsey Signs & Designs) • Fall Community Guide • Mail outs to community groups, schools, churches • Municipality of Clarington website • Booth in lobby and presentation at fitness classes at Clarington Older Adults Association • Presentation at the September Management Meeting • Posting on Employee Intranet 1.4 This event relied heavily on support from local sponsors. Local businesses and community partners rose to the occasion providing goods and funding for prizes and refreshments. 1.5 The event was part of an attempt to break a Guinness World Record so guidelines laid out by Guinness Rules were followed. These included having two official witnesses of the event. The witnesses in Clarington were Deputy Mayor Charlie Trim and Sharon Meredith, Recreation Services Manager. 1.6 As part of their responsibility, the officials measured the route to ensure it was a minimum of 1 kilometre, witnessed the walkers complete the route, and followed up by submitting a witness letter. 1 .7 A package including the witness letters, newspaper clippings, photos and an official count form were submitted to Green Communities Canada for consideration in the inclusion of the attempted Guinness Record. 1 008 REPORT NO.: CSD-019-07 PAGE 3 1.8 The Municipality of Clarington was recently-notified that eight of the pictures taken by our Communications & Tourism Department are to be included in Green Communities Canada's upcoming newsletter and their report to the Ministry of Health Promotion, as well as possibly the next Walk21 conference in Barcelona. 2.0 EVENT DETAILS 2.1 Registration began at the cenotaph at the Municipal Administrative Centre at 11:30 a.m. Each walker signed in on a waiver form, completed a Par Q health questionnaire and received a bracelet to redeem for a giveaway prize, as well as, a door prize ticket for draws after the walk. 2.2 There was a welcome and introductions by Kevin Shea, Total Hockey Curator and Deputy Mayor Charlie Trim. A warm up was led by three fitness instructors from the Courtice Fitness Training Facility. The walkers were organized on the sidewalk and the walk began precisely at 12:30 p.m. 2.3 Community Services Staff assisted walkers in crossing intersections while a police escort was present for additional security. St. John's Ambulance was also on site to provide first aid treatment if necessary. 2.4 In an attempt to recruit larger numbers of participants, encouraging organized groups to participate was the focus. There were several organized teams of walkers including those from: • Municipality of Clarington and Clarington Public Library • Four Winds Montessori School • John M James Public School • Remax Spirit • Team O'Toole 2.5 The walk wrapped up with refreshments and door prizes back at the Cenotaph. 3.0 CONCLUSION 3.1 The World Record Walk was an exciting event that generated enthusiasm in the community. It helped raise awareness about the benefits of walking and promoted Clarington as a healthy and active community. 3.2 Once the record attempt is reviewed and tabulated by Guinness a follow up memo will be sent out advising of the status of the World Record. 1009 Clam n Energizing Ontario'✓ REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY NOVEMBER 19, 2007 Resolution #: Report#: FND-023-07 File #: By-law#: Subject: CASH ACTIVITY — THIRD QUARTER OF 2007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-023-07 be received; 2. That in accordance with provision of Chapter 25, Section 268 of the Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the third quarter of the year 2007, as shown on the attached schedule; and 3. That part "A" of the expenditures for the third quarter of the year be confirmed. 9 Submitted by: Reviewed bo Nancy Ta lor, B. .A., C.A., Franklin Wu, Director 6f Finan e/Treasurer Chief Administrative Officer. NT/LB/cd 1301 REPORT NO.: FND-023-07 PAGE 2 BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions for the third quarter of 2007, the cash investment position, the taxes receivable position with the comparative information for the month ending September 30, 2006 and statistical information for the third quarter of 2007. Attachments: Attachment A—Analysis of Revenue and Expenditures —Third Quarter of 2007 Attachment B — Continuity of Taxes Receivable—As at September 2007 Attachment C — Statistical Information —As at September 2007 Attachment D - Investments Outstanding -As at September 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1302 CORPORATION OF THE MUNICIPALITY OF CAARINGTON 1 PART"A" Analysis of Revenue and Expenditures for the Third-Dustier of the Year 2007 Third Quarter Third Quarter 2007 2006 REVENUE RECEIVED FOR GENERAL OPERATING AND RESERVE FUND PURPOSES: GENERAILTAX PAYMENTS RECEIVED 34,711,702 41,547,329 FEDERAL GAS TAX REVENUE 453,856 340,430 ONTARIO MUNICIPAL PARTNERSHIP FUND(CRF) 29,000 0 DURHAM REGION-PROVINCIAL OFFENCES ACT 51,403 0 CANADIAN WASTE-RENT AND ROYALTIES 31,130 0 DEBENTURE PROCEEDS-TOTAL HOCKEY FACILITY 0 1,102,747 LINEAR PROPERTIES 2,122,436 2,122,438 -. PITS 8 QUARRIES-LICENCE FEES 202,335 231,616 DONATION TO BIS-DARLINGTON SOCCLR 0 30,000 DONATION TO BIS-CLAR.MINOR LACROSSE 10,000 10,000 DEVELOPMENT CHARGES-MUNICIPAL 1,298,435 1,994,045 DEVELOPMENT CHARGES-REGION 1,769,655 2,475,673 DEVELOPMENT CHARGES-SCHOOL BOARD 178,513 305,417 INTEREST 1 215,3491 1,078 961 42,073 818 51,238,654 - USE OF FUNDS: PAYROLL 5,082,071 4,796,967 REGION LEVY 16,839,652 14,093,613 SCHOOL BOARD LEVIES 6,167,608 5,029,359 GENERAL-INCLUDING CAPITAL EXPENDITURES 14,392,604 22,015,193 42,481,935 45,935,151 NET CASH PROVIDED(USED) - 40811 5,303,503 - BANK NET CASH BANK BANK BALANCE PROVIDED BALANCE BALANCE FINANCIAL POSITION: JUN 30 2007 /(USED) SEPT 30 2007 SEPT 30 2008 GENERALFUND 6,004,158 7,239,861 13,244,018 21,166,396 RESERVE FUND 861,676 (688,598) 173,078 1,335,372 MUNICIPAL BOND INVESTMENTS 2,855,404 31,657 2,887,061 2,768,830 MUNICIPAL EQUITY INVESTMENTS 500,000 0 500,000 0 HOST COMMUNITY FUND IN TRUST 10,000,000 0 10,000,000 10,000,000 INVESTMENTS(GENERAL+RESERVE FUNDS) 62,781.627 6,991037 55.790.590 51.709,743 TOTALS 1 83,002,865 408,117 82,594,748 86,980,341 BANK BALANCES AS AT: JUL 30,2007 JUL 37 2006 AUG 31 2007 AUG 31 2006 GENERAL FUND 6,038,683 4,905,761 8,352,052 5,498,583 RESERVE FUND 242,465 1,950,799 120,331 1,288,421 MUNICIPAL BOND INVESTMENTS 2,866 045 2,749,968 2 876 603 2,759,513 NOTE A: Difference in comparison between years due to timing difference in receipt of funds. 1303 CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART'S" Continuity of Taxes Receivable - r the Third Quarter of the Year 2007 June 30,2007 SEPTEMBER SEPTEMBER BEGINNING BALANCE INTEREST TAXES - PAYMENTS/ 2007 2006 RECEIVABLE ADDED BILLED BALANCE ADJUST.'"' 1PREPAID TAXES CURRENTYEAR TAXES 6,065,537 34,522,859 40,588,396 (29,224,964) 11,363,432 10,432,304 PENALTY AND INTEREST 86,408 212,259 298,667 106792 191,875 171 768 FIRST PRIOR YEAR TAXES 2,491,374 719,601 3,210,975 (891,824) 2,319,151 1,978,936 PENALTY AND INTEREST 249,471 92,481 341,952 67,62 274,326 225,875 SECOND PRIOR YEAR TAXES 969,688 44,212 1,013,900 (152,387) 861,513 801,371 PENALTY AND INTEREST 170,303 34,973 205,276 26,767 178.509 . 141,913 THIRD&PRIOR YEARS - TAXES 1,023,044 0 1,023,044 (43,406) 979,638 797,093 PENALTY AND INTEREST 397,439 37,436 434,875 20,689 414.186 295,263 TOTAL 11,453,264 377,149 35,286,672 47,117,085 30,534,456 16,582 629 14,844,523 Includes refunds,write-offs,496's,etc. NOTE 1: 2007 and 2006 Interim Instalment months: February and April 2007 and 2006 Final Instalment months: June,August and September 1304 CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "C STATISTICAL INFORMATION for the Third Quarter of the Year 2007 Year to Date Tax Certificates 251 731 Number of Properties eligible for Tax Registration Note 1 59 Note 2 Accounts.Payable Cheques Issued 085006 to#086744 1,654 5,080 Number of Marriage Licences Issued 124 272 Number of Births Registered 10 17 Number of Deaths/Stillbirths Registered 182 534 Note 1: Only includes those properties whose arrears are greater than $20,000. Note 2: Number of eligible properties for tax registration not applicable for year-to-date comparison. 1305 CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING PART "D" AS AT SEPTEMBER 30, 2007 FINANCIAL 11NVESTMENT INTEREST MATURITY MATURITY INSTITUTION COST RATE VALUE DATE GENERAL FUND BMO 992,190.00 4.71% 1,000,000:00 10-Oct-2007 BMO 1,487,145.00 4.71% 1,500,000.00 16-Oct-2007 BMO 1,991,560.00 4.83% 2,000,000.00 30-Oct-2007 TOTAL GENERAL FUND RESERVE FUND RBC 550,000.00 4.10% 550,000.00 14-Oct-2007 HSBC 3,062,375.54 4.69% 3,097,000.00 19-Oct-2007 TD 1,991,520.00 4.86% 2,000,000.00 22-Oct-2007 TD 1,982,100.00 4.85% 2,000,000.00 24-Oct-2007 BMO 1,992,880.00 4.83% 2,000,000.00 25-Oct-2007 BMO 1,991,820.00 4.83% 2,000,000.00 29-Oct-2007 RBC 1,394,219.59 4.72% 1,409,000.00 30-Oct-2007 HSBC 988,320.00 4.90% 1,000,000.00 16-Nov-2007 BMO 1,976,000.00 4.82% 2,000,000.00 23-Nov-2007 RBC " 2,061,000.00 4.25% 2,061,000.00 3-Dec-2007 RBC 1,500,000.00 5.50% 1,500,000.00 20-Dec-2007 RBC " 1,480,000.00 4.50% 1,480,000.00 10-Feb-2008 RBC 481,878.00 4.45% 599,072.41 4-Mar-2008 RBC ' 970,000.00 4.00% 970,000.00 19-Mar-2008 RBC 208,000.00 4.35% 257,351_00 12-May-2008 RBC 500,000.00 4.25% 595,239.37 21-Jun-2008 RBC ' 4,180,000.00 4.05% 4,180,000.00 30-Jun-2008 RBC 3,796,000.00 4.05% 3,796,000.00 29-Jul-2008 RBC ' 906,000.00 4.50% 906,000.00 29-Sep-2008 RBC 1,379,343.53 4.65% 1,787,409.00 1-Dec-2008 RBC 1,143,285.67 3.80% 1,338,742.00 15-Dec-2008 RBC 372,440.00 4.40% 461;912.00 28-May-2009 RBC 664,993.00 4.25% 753,434.00 29-Aug-2009 RBC 739,938.86 3.55% 869,800.00 1-Oct-2009 RBC 733,772.63 3.85% 900,445.00 2-Jun-2010 RBC 5,094,062.47 4.10% 6,058,590.00 1-Oct-2010 RBC 1,500,000.00 4.10% 1,500,000.00 6-Dec-2010 RBC 1,681,851.79 4.35% 2,080,894.41 6-Mar-2011 RBC 2,221,742.00 4.30% 2,742,301.29 18-Sep-2011 RBC 776,152.23 4.35% 986,467.00 1-Dec-2011 RBC 999,999.54 4.20% 1,244,090.00 2-Dec-2011 RBC 2,000,000.00 4.05% 2,439,161.00 16-Mar-2012 TOTAL RESERVE FUND 51=31 9 664 85; ITOTAL INVESTMENTS 56`7 90,589$5:;: " Investment interest paid on a monthly/semi-annual/annual basis 1306 UNFINISHED BUSINESS C.��711�OII Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 19, 2007 Report#: Addendum to PSD-128-07 File #: PLN 16.2.7 By-law#: Subject: REGIONAL CYCLING PLAN STUDY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to PSD-128-07, PSD-128-07 and the "Durham Regional Cycling Plan Study" be received; 2. THAT the Regional Cycling Plan be endorsed in principle as a basis for planning only on the understanding that Clarington is making no financial commitment to the implementation of the Study at this time and subject to the following revisions: a) That the multi-use trails identified for the Ontario Hydro corridors parallel to Holt Road and Concession Road 7 be deleted (2.4.4 of Report PSD-128-07); b) That the multi-use 3m paved trail comprising part of the Oak Ridges Moraine Trail is an inappropriate design, an appropriate non-paved design standard for the Oak Ridges Moraine Trail should be considered a Regional responsibility (modification of Section 2.5.2 of Report PSD-128-07); c) That due to deteriorating edges on many roads, any signed routes should be thoroughly reviewed prior to signs being installed and that the Region of Durham indemnify the Municipality of Clarington for any insurance claims (Section 2.5.3 of Report PSD-128-07); d) That a multi-disciplinary committee, comprising representatives of municipal and Regional Departments be established for implementation of any Cycling Plan (Section 2.5.4 of Report PSD-128-07); 1501 REPORT NO.: ADDENDUM TO PSD-128-07 PAGE 2 e) That the Region's role should focus on planning, designing and co-ordinating connections between municipalities, establishing design standards, cost- sharing in municipal initiatives for urban areas and taking the lead in designing and implementing cycling initiatives in rural areas (Section 2.6.2 of Report PSD-128-08). 3. That the Region of Durham be advised that the Municipality's priority is the establishment of off-road multi-use trails in urban areas and along the waterfront and that there are limited Municipal funds to implement Clarington's existing priorities; 4. That the Regional Development Charges By-law be amended to include a line item implementing the Regional Cycling Plan; 5. That Staff be authorized to work with the Region and Durham Region Area Municipalities to establish a reasonable and fiscally responsible Regional Cycling Implementation Plan that integrates with the existing and anticipated future cycling and road facilities; and 6. That the Region of Durham and any delegation be advised of Council's decision. Submitted by: Reviewed by: Davi . Crome, M.C.I.P., R.P.P. ranklin Wu, Director of Planning Services Chief Administrative Officer FL'DJC'sn"df 8 November 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 1502 REPORT NO.: ADDENDUM TO PSD-128-07 PAGE 3 1.0 BACKGROUND 1.1 On November 5, 2007 Committee reviewed the Staff Report PSD-128-07 (Attachment 1) on the Regional Cycling Plan Study and referred it back to staff for additional information on the recommended routes within Clarington and associated costs. 1.2 Regional Staff initially reported to Finance, Planning and Works Committee in June, 2007, this initial report recommended that the Durham Region Cycling Plan and Report No. 2007-J-23 (Attachment 2) be forwarded to each of the Area Municipalities for information. However, on the floor the recommendation was amended and the report was referred to Area Municipalities for "comment on the plan and plan implementation including priorities and financing options..." A further report (2007-J- 38) extended the deadline for comments. 1.3 Regional Council in referring the plan to the Area Municipalities was responding to the estimated cost of implementation of approximately $103 million with $45 million being the Region's share. Clarington's estimated share was $4 million. However, in PSD- 128-07 staff indicated that the multi-use trail costs for the hydro corridor and the Oak Ridges Moraine trail are not items that would be supported, they account more than $3.5 million of Clarington's total cost. They have been deleted from the program proposed by the Region as contained in Attachment 3. 1.4 The remainder of the works to be carried out in Clarington are items that could be implemented in the on-going program for road improvements over the 25 year implementation scheme. For detail on Clarington's routes and costs see Attachment 3. 1.5 The major concerns from Staff are the implementation timing of the signed-only routes given the comments included in Section 2.5.3 by the Operations Department regarding the conditions of the deteriorating pavement edges. In addition, regardless of the Region's desires to have all the "signed-only' routes implemented in the first 5 years of the program, the estimated cost of $218,955 ($44,000 per annum) for signage only by Clarington would be subject to Council approval at budget time. This would introduce a new program for the Municipality at a time when the Municipality is trying to maintain existing levels of service for other programs. 2.0 COMMENTS 2.1 Committee provided comment that the recommended routes should not be on Regional Roads as there could be greater conflict between motorists and cyclists. However, as this is a Regional Cycling Study, it is appropriate that some routes be implemented on Regional Roads since they have control over these facilities. Otherwise, funding should be made available for local road improvements to accommodate cycling for a regional utilitarian and recreational transportation system. 1503 REPORT NO.: ADDENDUM TO PSD-128-07 PAGE 4 2.2 Committee was also concerned that endorsing the Regional Cycling Plan would detract from the implementation of local priorities for trail development and cycling. However, the Municipality will continue to implement its own priorities as per the recommendations contained in the yearly budgets. This has been, clarified in the amended recommendation. 2.3 Committee has some discussion regarding encouraging cycling by providing bicycle racks. The Commercial Policy Review amended the parking provisions of the Zoning By-law to require that every commercial building provide bicycle racks. For establishments greater than 5,000 sq. metres, long-term indoor bicycle parking rooms for employees is required. In future projects in the BIA areas or around municipal facilities, Council could consider improving bicycle parking. 2.4 When the Engineering Services Department is considering redevelopment of a road or facility, cycling considerations could be included. As an example, the redevelopment of the King Street Bridge in Bowmanville includes additional width on the outer lane to accommodate cyclists. While the additional width is not sufficient for a bike lane (due to the existing width of the road platform) it will provide additional width for cyclists who choose to ride on the road surface in the outer lane. 2.5 To date, the Municipality has not prepared its own Cycling Plan or Recreational Trails Plan. This could be included in any Transportation Master Plan prepared in conjunction with the Official Plan Review. 2.6 To date, the Region has had very limited if any involvement in the development of the Oak Ridges Moraine Trail, Waterfront Regeneration Trail and other region wide trail and cycling facilities. It now appears that the Region would like to acknowledge these Regional routes as they are tourism destinations and facilities and further enhance them by providing interconnecting routes that lead to them. Regional involvement in land acquisition and construction for the missing section of these trails would be beneficial. It is noted that in 2006, Council passed Resolution C-283-06 requesting that the Region to construct a portion of the Waterfront Trail as part of the Courtice Water Pollution Control Plant (Attachment 4). This matter was referred to the Regional Trails Committee but there has been no response to date. 3.0 CONCLUSION 3.1 Report PSD-128-07 recommended that Council endorse, in principle, the Durham Region Cycling Plan as it meets the Regions goals as set out in their Transportation Master Plan and Official Plan and also reflects the goals and policies of Clarington's Official Plan. The recommendations included proposed revisions to that Plan that significantly reduced Clarington's share of the funding and dealt with implementation steps, roles and responsibilities and future funding. These recommendations have been clarified in the Addendum Report. 1504 REPORT NO.: ADDENDUM TO PSD-128-07 PAGE 5 3.2 Alternatively, if Council does not believe the Durham Regional Cycling Plan should be endorsed in principle until further detail is included on funding and implementation or that the routes should be re-examined to remove them from Regional.Roads, Council could pass this alternate resolution: 1. THAT Addendum to Report PSD-128-07, Report PSD-128-07 and the "Durham Regional Cycling Plan Study" be received; 2. That the Durham Region Cycling Plan be referred back to Regional Staff for additional work. Attachments: Attachment 1 - PSD-128-07 Attachment 2 - Regional Report 2007-J-23 Attachment 3 - Chart-Regional Cycling Plan-Routes by Facility Type, Phase and Costs Attachment 4 — Resolution C-283-06 1505 Attachment 1 To Addendum Report PSD-128-07 C�arington c��d;,,grrK wa, REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 5, 2007 Report#: PSD-128-07 File#: PLN 16.2.7 By-law M Subject: REGIONAL CYCLING PLAN STUDY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-128-07 be received; 2. THAT the report entitled "Regional Cycling Plan Study" be received by Clarington Council; and subject to appropriate revisions as addressed by the comments in Sections 2.4.4, 2.5.2, 2.5.3 and 2.5.4 contained in the Report, be endorsed in principle; 3. THAT the Regional Development Charges By-law be amended to include a line item for funding critical connections in the Regional Cycling Plan; 4. THAT the Ministries of Public Infrastructure Renewal and Transportation be requested to coordinate a Southern Ontario Cycling Task Force and assist in the funding of Cycling Plans; 5. THAT Staff be authorized to work with the Region and Durham Region Area Municipalities to establish a reasonable and fiscally responsible Regional Cycling Implementation Plan that integrates with existing and anticipated future cycling and road facilities; and 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: D vi . Crojne, M. . . ., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer FL*DJC*sn*df 31 October 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 1506 REPORT NO.: PSD-128-07 PAGE 2 1.0 BACKGROUND 1.1 On June 20, 2007, Regional Council endorsed the Joint Commissioners' Report on the Status of the Regional Cycling Plan Study. The Report estimated the cost of implementing a Regional Cycling Network to be $103 million. While the allocation of the funding would be split between the Region and Area Municipalities, the report concludes that a business case analysis is required to determine the financing of the Plan in light of the Region's budgetary constraints. The purpose of this report is to provide the Region with Clarington's position on the Regional Cycling Plan and suggest priorities and financing options for the Plan. 1.2 Section 3.2.3 of the Region's Transportation Master Plan (TMP) identifies that cycling and walking are sustainable and environmentally friendly modes of transportation. The TMP recommends the development of a Regional Bicycle Plan to strengthen local municipal cycling initiatives while providing the appropriate treatment of bicycle facilities within the Regional road network. Examples given in the TMP for the Region to consider include continuing to provide gravel shoulders on rural roads to improve pavement deterioration and to provide safer buffers for cyclists. 1.3 Clarington's Official Plan sets out in Section 19.10 the objective to: "...develop an interconnected system of cycling and walking routes providing access to major activity and employment centres. In order to plan for and encourage walking and cycling, the Municipality will: a) consider the provision of safe and convenient cycling and walking routes in the review of all new development and redevelopment applications; b) investigate and provide for bicycle lanes wherever possible in the construction or reconstruction of roads and bridges; c) encourage and support measures which will provide for barrier-free design of pedestrian facilities; d) require the provision of bicycle stands as a condition of approval of site plan applications; e) provide bicycle stands in downtown areas in Bowmanville, Newcastle Village and Orono, major parks and community facilities; and 0 provide recreational trails in accordance with Section 4 and 18 of this Plan." 1.4 The Region retained Marshall Macklin Monaghan to undertake the Regional Cycling Plan Study in December 2004. The objective for the Study is to look at the cycling connectivity across the Region rather than local connections. The Study is divided into the following elements: 1507 REPORT NO.: PSD-128-07 PAGE 3 • Examination of the existing and latent (potential) demand for cycling within the Region; • Development of a vision for cycling in Durham Region; • Opportunities for a continuous cycling network in both urban and rural areas building on existing local off-road cycling system; • Establishment of appropriate policies and guidelines for a Regional cycling network; • Recommended Regional Cycling Plan; and • Development of a long term implementation strategy, including the analysis of financial, legal and risk management implications. 1.5 A Regional Cycling Plan is intended to reflect the Region's commitment to establish an integrated and accessible Region-wide network of on and off-road cycling facilities that encourage Durham residents to cycle more often for both utilitarian and recreational purposes. A Regional Cycling Plan is a critical component of the overall Durham Transportation Master Plan. 1.6 Today the Region manages approximately 1.3 kilometres (km) of the 90 km of bicycle routes in Durham Region. Clarington manages 27 km of bicycle routes, the greatest distance by any of the lower tier Municipalities, Ajax is second with 22 km. As a first priority for implementation the Region must establish what role it should assume in implementation to best assist the local municipalities that have already been implementing physical works to address the needs of cyclists for sometime. 2.0 DISCUSSION 2.1 Existing and Latent Demand for Cycling 2.1.1 The need and justification for the Regional Cycling Plan is contained in the TMP and confirmed by public opinion surveys initiated by the Region, which substantiate that there is both an existing and latent demand for a Regional cycling network for on and off-road bicycle facilities. These surveys were undertaken by Decima Research Inc. throughout the Region in February 2005 and included 637 computer-assisted telephone interviews throughout the eight Durham municipalities. The survey identified the following: 44% classified themselves as cyclists (18% as utilitarian cyclists and 26% as recreational cyclists);' There are approximately 70,000 utilitarian cyclists and 102,000 recreational cyclists in Durham Region; Utilitarian cyclists are those who use a bicycle to travel to and from work or school, shopping, running errands and visiting people. Recreational cyclists are those who use a bicycle for recreational or fitness purposes. 1508 REPORT NO.: PSD-128-07 PAGE 4 • Utilitarian cyclists cycle to work approximately three days per week, whereas recreational cyclists cycle less than two days per week; • There are more utilitarian cyclists in Ajax, Scugog and Brock than in other municipalities in Durham Region; • Residents of Ajax and Whitby have the most favourable perceptions of the Region's cycling routes; • Recreational cyclists are more concerned with "careless or aggressive drivers" while utilitarian cyclists are concerned that there are not enough on-road bicycle facilities; • Of those surveyed, 51% indicated that increasing the number of on and off-road bicycle facilities (bike lanes or paved shoulders) would improve the conditions for cycling in Durham Region; and • Approximately 40% of adults stated they would use new on-road bicycle lanes provided by the Region. The Region remarked that the "survey confirmed that a Regional Cycling Plan which addresses the issues and concerns raised by Durham residents and 'also promotes cycling as a healthy, active and feasible mode of transportation within the Region, is a timely and very useful undertaking2". The survey results helped develop the direction of the Study. While the Region acknowledged there are transportation, health and environmental benefits to cycling, it also identified there were a number of deficiencies within the existing network in the Region. 2.2 Vision for Cycling in Durham Region 2.2.1 A draft "Vision" for cycling in Durham Region was announced to the public by the Region in its first issue of the Regional Cycling Plan Newsletter. It outlines a commitment to a cycling plan that serves both residents and non-residents, and captures the importance of a plan that deals with both the infrastructure as well as educating residents: "A Region-wide, visible and connected network of on and off-road cycling routes and facilities that is actively used by all types of cyclists is in place. The network is designed to connect, at a Regional scale, local cities, towns, village, hamlets as well as key attractions and destinations. The network is supported by various programs, policies and strategies that help to promote cycling as an alternative mode of transportation to private automobiles, especially for trips less than 5 km, and serve to educate cyclists on safe and appropriate cycling techniques and the rules of the road." 2.2.2 The purpose of a vision is to provide the framework for the study. The draft vision indicates a commitment to a Regional cycling network that is connected and supports 2 Regional Cycling Plan, Newsletter No. 1 April 2005, page 2 1509 REPORT NO.: PSD-128-07 PAGE 5 both utilitarian and recreational cyclists. This vision is consistent with the Town's Vision 2020 and Strategic Plan objectives. 2.3 Identification Of Barriers 2.3.1 Prior to the development of a Regional Cycling Plan, the Consultant Team analyzed the barriers in the existing network. Through the composition of local municipal cycling plans (i.e., for Pickering, Ajax, Oshawa), natural heritage areas, school catchment areas and recreational trail maps, the Region compiled several maps outlining the existing regional network. The following barriers to cycling were identified. • 400 series highways and major Arterial roads; • Rail corridors; • High traffic roadways and on-street parking; • Poor bicycle storage at transit stations and major destinations; • Ravines and wetlands; • Poor separation of pedestrian and cyclists on multi-use trails; • Lack of connectivity between cycling routes; and • Inadequate space for cyclists when sharing the travel lane with either motorists or pedestrians. 2.3.2 Critical intersections and disconnected portions of the existing cycling network that present a barrier to cyclists were not identified as part of this Study. It is staffs view the Region's efforts are best spent in rectifying critical barriers as a way to make better joint use of local cycling facilities. 2.4 A Recommended Regional Cycling Network 2.4.1 The Region identified several classes of bicycle facilities to reside on both the Regional and the area municipal road system. These facilities include: A bicycle lane (1.5 metres from edge of curb) — this is a lane dedicated to bicycles for each travel direction; • Paved shoulder bikeways — this is the use of the paved shoulder on a rural road which is dedicated for the cyclist; • Multi-use trails — are facilities that are outside of the travelled roadway and are designed to accommodate both the pedestrian and/or the cyclist; and • Signed-only route— this is a bicycle route where cyclists share the travel portion of the road with other vehicles. 1510 REPORT NO.: PSD-128-07 PAGE 6 2.4.2 The method used to determine the route selection is based on an inventory of existing conditions and a set of both qualitative and quantitative criteria. The Consultant Team recommended a two tier system for the Regional Cycling Plan; a primary spine and a community spine. The primary spine provides a utilitarian connection between urban centres, focusing on linking employment, major shopping centres, residential and tourist nodes. The community spine would reside on local roads and links existing and future multi-use trail systems to the primary spine. 2.4.3 The Region recommended bike lanes on approximately 21 regional roads and 5 municipal roads throughout Durham Region. Of the more than 40 signed-only routes identified by the Region, approximately 25% are identified on regional roads. Paved shoulder bikeways are identified on lower volume rural roadways and multi-use trails are identified on roadways in close proximity to existing multi-use trail connections. A continuous trail is identified in a number of Hydro One corridors. The proposed facilities are identified as Figure A8 (Attachment 1). 2.4.4 In Clarington, the hydro corridor lands identified as a north-south multi-use trail (parallel to Holt Road) and east-west (parallel to 8'h Concession from Enfield west to Townline) are not appropriate long-term routes. The routes along the 407 corridor and line will serve this purpose and will be contiguous. In addition, the hydro corridor lands are actively farmed and in agricultural production. Clarington Staff has recommended to the Region to remove this identified route from both the Regional Cycling Plan and the Regional Trails Masterplan. When Clarington prepared their submission to the Ontario Realty Corp. about the Proposed Future Secondary Uses of Hyrdo Corridor Lands we did not indicate this route as a future use (Attachment 2, which is Attachment 3 from PSD-011-05). 2.6 Development of a Long-Term Implementation Strategy 2.5.1 The Consultant Team proposed that the Plan would be implemented over the next 25 years. Phase 1 would occur between the years 2008 and 2012 and Phase 2 would occur between the years 2013 and 2032. Under Phase 1, or the short-term strategy, the focus for the Region is to build on the existing network, prioritizing on connecting major east-west and north-south links. Projects would therefore be scheduled with planned regional or local road improvements. Proposed signed-only routes would be implemented under this phase, and where a higher class of bicycle facility such as a bicycle lane would be planned for Phase 2, a signed-only route would be used as an interim facility. The major projects requiring road widening or property acquisition would be achieved during Phase 2. 2.5.2 For Clarington the majority of the works recommended in Phase 1 (2008-2012) consist of development of the Oak Ridges Moraine Trail as it passes through the Ganaraska Forest as a multi-use trail. Due to the principles adopted by the ORM Trail and the terrain that the trail takes the costing assumption that this trail can be developed as a 10 foot wide asphalt multi-purpose trail is inappropriate and should be re-estimated using an appropriate design detail. 2.5.3 The other Phase 1 recommendations for Clarington consist of signage along existing roads. The Operations Department in their review of the recommended routes have 1511 REPORT NO.: PSD-128-07 PAGE 7 advised that some of the recommended roads already have deteriorating edges and should be evaluated prior to any signage being installed. This brings up the question of liability and whether the Region will indemnify the local municipality for the portions of roads that are signed as Regional Cycling Facilities should any claim be successful. 2.5.4 The implementation of the Regional Cycling plan would be coordinated through a multi disciplinary working committee comprised of Regional staff from various departments including Works, Planning and Finance. The role of the working committee would be to monitor and recommend direction on issues that would arise through the implementation process. Since the Plan is a work in progress, the working committee would make appropriate adjustments to the Plan to integrate projects within the scope of future regional and local capital initiatives. An annual report card on the state of the Regional Cycling Plan would also be the responsibility of the working committee. Area Municipalities would be given an opportunity to participate through the establishment of an inter-municipal cycling working group. 2.5.5 It is anticipated that much of the Regional Cycling Plan would be incorporated within proposed capital road projects. Funding the Plan will require that the Region use Development Charges (DC), general levy and a portion of the federal/provincial gas tax. The Consultant Team recommends that the Regional DC By-law be amended to include a line item for road improvements related to alternative transportation modes such as transit and cycling. Further, a significant amount of bicycle facilities for new collector or local roads are proposed to be developer funded. While the Consultant Team suggested that the Region pursue additional funding sources including the Federal Government's Transportation Showcase Program and the Ontario Trillium Foundation, it is uncertain that the Region or Area Municipalities would qualify for these grants given the significant population in the Region and that many of the awards in recent years have gone to transit related projects. 2.6 Priorities and Goal Setting 2.6.1 The Regional Cycling Plan falls within the context of the vision, goals and objectives outlined in the Region's TMP.which expresses the need to provide more travel choices. The Plan serves to support the framework of the Region's Transportation Demand management (TDM) initiative by providing the planning for the necessary bicycle infrastructure to move cyclists across the Region. The Plan also provides the basis to influence sustainable land use development. 2.6.2 To date, the planning, design, funding and implementation of bicycle facilities and trails are the sole responsibility of lower tier municipalities. As a result, the lack of coordination at the regional level has resulted in a regional bicycle network that has been developed in an ad hoc fashion with little cross regional connectivity. The primary role of the Region, therefore, should be to plan, design and coordinate the connections between one municipality and another. The implementation of the plan would then fall under the jurisdiction of the Area Municipalities. As the champion of the Plan, the Region would cost share in the development of critical links within rural areas where funding sources would not be available. Staff would envision the Region's role as champion of the cycling plan to cover the following areas: 1512 REPORT NO.: PSD-128-07 PAGE 8 Planning The first objective in route planning is to select routes that provide: i) cross regional connectivity; ii) are relatively easy to implement; and iii) that uses existing infrastructure and can provide links to existing off-road trails. This level of planning therefore, identifies a short-term network (between 2008 and 2012). Staff recommend that the Region simplify its Plan by meeting with each area municipality to work through what is feasible within each municipality and working on inter-connection of the existing cycling facilities across the Region. The short term priorities would serve as a pilot to test whether the Region should coordinate a Regional Cycling Plan and what barriers both physical and otherwise exist to the Plan. Therefore, short-term incremental steps that are consistent with a long-term direction would represent the most effective use of scarce financial resources. Design In coordination with Area Municipalities, the Region should lead the detailed design for the proposed bicycle facilities. The funding for the detailed design would be the responsibility of the Region. It is important that local issues are considered within the detailed design for facilities that are on municipal roads. Staff suggest that the Region would be responsible for the coordination of background information, road geometry, signal timings and collision data pertinent for the design of the facility. Wherever possible the detailed design would be done in conjunction with planned road improvements and included within the Municipal Class Environmental Assessment process. Public consultation would be required as part of the detailed design process. The final approval of the design would be through Regional Council and the Councils of the affected Area Municipalities. Funding The success of the Regional Cycling Plan is dependent on a cooperative relationship between the Region and Area Municipalities. Within urban areas it would be anticipated that Area Municipalities would be responsible for implementing the plan (i.e. construction and funding). In rural areas, where development is not identified in the Regional and local Official Plans, the Region should assist in the implementation of bicycle facilities. It is critical to the success of the Plan, that the Area Municipalities and the Region begin to identify the Regional Cycling Plan in capital budget and Official Plan documents for the future development of the cycling network. Since the Region should be the primary coordinator of the Plan, Regional staff should facilitate the planning, design and draft an implementation schedule to the Plan for consideration by Regional Council. 1513 REPORT NO.: PSD-128-07 PAGE 9 Summary While municipalities such as Clarington continue to implement their bicycle and trails plan, there remains missing links within the network. Regional coordination is required to provide much needed connections between Area Municipalities. This coordination can be achieved through identifying short-term achievable connections. Providing a line item for the cycling improvements in the Region's Development Charges By-law will assist in funding. However, it is clear that further investigation is required in order to explore additional funding sources. 3.0 CONCLUSION 3.1 Since there are over 150,000 cyclists in Durham Region, implementing a Regional Cycling Plan provides residents with the opportunity to access a sustainable and efficient mode of transportation. The priority for the Region should be to strengthen connectivity between Area Municipalities. It is the role of the Region to champion the Regional Cycling Plan through coordinating the planning, design and implementation of the Plan. Clarington Staff will continue to work with the Region in its efforts to prioritize critical links within the Regional Cycling Plan. 3.2 This report has been reviewed by the Directors of Engineering, Operations and Finance, who concur with its contents. Attachments: Attachment 1 - Figure A8 from Regional Cycling Plan (Clarington) Attachment 2 - Table 2: Proposed Future Secondary Uses of Hydro Corridor Lands 1514 N. cn Cn To Report PSD-128-07 ATTACHMENT 3 . Table 2: Proposed Futu—r—eSecondary Uses on Hydro Corridor Lands Clarington: u H s 4d 6 o tti on "twit 10!8" 1:.> aW nt oq,,- Pit ......1:j .......- A) Parks,Trails and Open Spaces Waterfront Wilmot Creek License or Could be Lots 33, 34 and 35 Open Space, N/A Trail 3 to 5 Next 5 years Official Plan Trail Retirement Easement held by ' Concession OS metres) and Agreement Community Ridge 11 Clarke and with Ridge Pine Pine Lot s 1 and 2, Park Park Inc. Broken Front Concession, Darlington I Waterfront Westside and License 25 years Western Open Space, Yes,easement Width of Protect Required as Trail and Bowmanville and portion of Lot OS with St. Mary's diversion channel Existing part of the Diversion Marsh Complex Easement 11,all of Lots for diversion License and agreement Channel 12 and 13, channel Easement between Broken Front License with Municipality Darlington MOC for trail and St. Mary's Wildlife From Easement Lots 14 and Open Space, NIA Corridor Darlington NGS 17,Broken Os Width of hydro As Official Plan and to St. Mary's Front corridor development Policies Waterfront Darlington proceeds Trail Waterfront Eastern Trail and Bowmanville License or N/A portion of Lot Open Space, NIA Existing Informal Existing Existing Parking Marsh Easement 11, Broken OS parking and trail informal use Front Darlington Secondary Corridor License, Term of Legal Current OP Existing Required Area, Timeline or Implementation Use Segment Easement, License Description and Zoning Licenses/ Width and length. Staging Tools or Designations Easements on (if applicable) Purchase Parcels Roads Future Purchase NIA Lot 9, Broken Open Space, NIA Width of Road 5 20 years Official Plan Collector Port Darlington Front OS ROW and Secondary Road Neighbourhood Darlington Plan C)Storm Water Potential Easement NIA Lot 7, Broken Open Space, NIA Width of 5-10 years Site Plan Erosion Port Darlington Front OS floodplain Agreements as and Neighbourhood Darlington development channel -existing creek proceeds works co rn 23 122 I',141 120 ;19 151 14A 131 121 111 101 9 20119 16 17 � 16I15 14 1, 13 ' 12 jtt 10 6 1 5 14 1 3 1 2( 11 �7 8 1 6''- 4 3 2 + 35 34 33 32 28 27 6 251 - 1 i 34 133 132 1,it 130 129 128 i 27 126 1 25 351 341 33x 32 1 31 1 X0'1`49 128 1 27 126 1 25 M v ---- ---- °-- -- ••-- ---- — --°-?� P��-�•-- ton -• '----t---j �• 1 Collector oad 'I j I N laStle I 12 ----' •-- -- -- ---- - t4 + t 1 � t-- 20 119 18 17 16 13 0 1 9 8 1 7 8 S < 3 2 ' 1 \\\\'j I ; Yil age 1 ' 1 I 1 351 34 ii 33 132 1 1 \J♦ _ _ 31 I ` 2 28 25 Wlldllre Comdor i n \ ---- --- a�n�Wa�erf nt it WaterhontTrall f ;;s - ;fi Potential 2 + 3o Storm Water Route 29 Weatelde and Wilmot Creek Bowmanvllle Retirement Community Marsh Complex 17> l�7 O Hydro One Lands Turned Over to Ontario Realty Corp. Proposed Future Secondary Uses on Hydro Corridor Lands J Aflachmenl To RepoA PSD-128-i REGIONAL .,YCLING 'LAN STUDY SURE A8: ladngton LUTES BY LITY TYPES �Wd W4WE non Fu�wodl �M M..f�uneayedad�f emNe+w f9wLLr 9ksq aaorrwe�apxrt amed.f i•m.a unn m T7f�on�o.a� R/N.R Cn CanOa Wtl 2 4 m km \\w 1518 Attachment 2 To Addendum Report PSD-128-07 The Regional Municipality of Durham To: The Planning, Works and Finance Committees From: Commissioners of Planning, Works and Finance Report No.: 2007-J-23 • Date: June 12, 2007 SUBJECT: Status of Regional Cycling Plan Study— File: D21-32 RECOMMENDATIONS: a) THAT Commissioners' Report No. 2007-J-23 be received for information; and b) THAT Commissioners' Report No. 2007-J-23 be forwarded to each of the Area Municipalities for information. REPORT: 1. BACKGROUND AND PURPOSE 1.1 On December 13, 2003, Regional Council resolved that "the Transportation Master Plan, dated October 2003 be approved" and that "the Transportation Master Plan recommendations requiring program or project specific financing be addressed through the annual Roads Servicing and Financing Study and appropriate business and budget process." 1.2 Recommended Action 10 of the Durham Transportation Master Plan (TMP, 2003) provides for the development of a Regional Cycling Plan that: • "Focuses activity on the Local Municipal road and path systems; • Connects the Local Municipal bicycle systems together; • Integrates with other modes of transportation, especially walking and transit; • Considers the need for bicycle facilities within Regional road corridors; • Identifies facilities that may be required on the Provincial Highway network to achieve network continuity, which may be subject to municipal funding; and 1519 Report No.: 2007-J-23 Page No. 2 • Defines an implementation strategy, identifying public education and marketing initiatives, costs, financing sources and responsibilities." 1.3 Pursuant to the 2004 Budget approval of the project, in December 2004, the Region retained Marshall Macklin Monaghan ("consultant") to undertake the Regional Cycling Plan Study. Joint Committee previously considered this study through a project initiation report in December 2004 (2004-J-38), and a status update in June 2005 (2005-J-13). The purpose of this report is to: • provide a summary of the preliminary findings of the Regional Cycling Plan Study; • provide an assessment of the potential financial and risk implications; • consider the next steps in analysis required for any implementation, including refinement of the financing considerations; and • outline the next steps for prioritizing the findings, within the broader context of other Regional initiatives which require financial and staff resources. 2. STUDY FINDINGS 2.1 Over the past two years, the Regional Cycling Plan Study has been undertaken with stakeholder consultations, involving: • Public Opinion Surveys, conducted in February 2005; • Publication of periodic newsletters to outline the study's findings and progress, and to provide opportunities for stakeholder comments and feedback (April 2005, August 2005, February 2006); • Workshop with the Municipal Advisory Committee and Other Stakeholders (May 2005); and • Dissemination of study information through the Region's website (www.region.durham.on.ca/cvcling). The study findings generated by the consultant have resulted in a better sense of the implications of implementing a cycling program in Durham. 2.2 The first step of the study was to determine the existing and latent demand for cycling through a public opinion survey. A total of 637 interviews, of both 1520 Report No.: 2007-J-23 Page No. 3 cyclists and non-cyclists, were completed. Key findings from the survey include: • Cycling is a common mode of transportation and form of recreation for Durham Region residents. Approximately 44% of respondents over the age of 15 are cyclists, and approximately 63% of households own at least one bicycle; • Approximately 70,000 of the Regional adult cycling population are utilitarian cyclists (i.e. who ride to get to work, school, go shopping, run errands or go visiting), and about 160,000 are recreational cyclists; • Approximately half of the respondents indicated that "more on or off-street bike lanes, trails or paved shoulders" is the one top of mind change that would improve cycling in the Region; • Three in ten cyclists who do not currently combine cycling and transit said they would, if there was secure parking at key public transit stops or bike racks attached to buses; • Sixty-one percent of respondents with children who cycle, indicated that they definitely, or probably would enrol their children in a course teaching safe cycling skills; and • There is a need to raise motorists' awareness of cyclists, especially during peak times (morning, afternoon and evening rush) when activity is at its highest. 2.3 With the completion of the public opinion survey, the following considerations emerged to set the context for the development of a Regional Cycling Plan: • A variety of transportation, environmental and economic benefits can be derived from cycling; • A number of physical barriers to cycling in Durham Region are evident, (eg. discontinuous cycling routes, lack of secure parking facilities, lack of workplace amenities for cyclists); • A coordinated region-wide planning effort could be undertaken to implement cycling initiatives across Durham, although there are a number of Provincial, Regional and Municipal policies impacting cycling such as those contained within the Planning Act, Municipal Act, Highway Traffic Act, Community Strategic Plan, Regional Official Plan, Transportation Master Plan, Area Municipal Official Plans and Cycling/Trail Plans; and 1521 Report No.: 2007-J-23 Page No. 4 • A variety of best practices is available for the implementation of cycling infrastructure including pavement markings, signage, bicycle parking and highway interchange crossings, which could be adapted to a 'Durham Region context. 2.4 The consultant's background work also suggested that the development and implementation of a Regional Cycling Plan should be based on the following concepts: • Build upon existing area municipal cycling initiatives by connecting and expanding existing facilities in the Region to establish a complete, integrated and readily accessible Region-wide network serving both urban and rural areas; • Encourage more people to cycle more often for both utilitarian and recreational/fitness purposes; and • Make the conditions for cycling safer for cyclists of all skill and age levels by providing effective on and off-road cycling facilities, while promoting cycling as an active, healthy lifestyle and also educating motorists on safe operating practices. 2.5 During the summer of 2005, based on extensive field work, consultation with Area Municipalities and the public, and a review of best practices, the consultant prepared a draft Regional Cycling Network. The draft network was released for comments in the February 2006 study newsletter. 2.6 During February and March 2006, a series of Public Open Houses were held in each of the area municipalities to gain input on the draft network and the course of the study. The open houses were coordinated with the efforts of the Durham Trails Coordinating Committee (DTCC). In total, 107 public participants attended these events. 2.7 Following the Public Open Houses, the consultant re-evaluated the draft network, and prepared a draft report for Regional staff review. The draft report presents: 1522 Report No.: 2007-J-23 Page No. 5 • An overview of the existing cycling demand and conditions within the Region; • A cycling vision for the Region, as well as goals and objectives to help achieve this vision; • Suggested cycling related policies, programs, planning and design guidelines; • A recommended Regional Cycling Network (Attachment 1) in the urban and rural areas of the Region, which integrates and enhances the existing on and off-road cycling networks developed by local municipalities; and • A long-term implementation strategy for the recommended network and program. As such, the consultant has completed the assignment in accordance with the terms of reference for the study. 2.8 The consultant has estimated the cost of implementation for the Regional Cycling Network to be approximately $103 million. Based on jurisdiction, the Region's share of the implementation cost is estimated at $45 million. The balance of $58 million would be allocated to the Area Municipalities, the Province of Ontario, Conservation Authorities, external agencies, hydro/railway agencies and private bodies. It is noted that the cost estimate includes provisions for construction — i.e. road widening for bike lanes, paved shoulders, trail development and signage. The estimate, however, does not include costs for property acquisition, utility relocation, or roadside drainage works, that can be determined only through detailed design. 2.9 The consultant's draft report was not circulated for public or agency comment due to: • the large extent of the cycling network identified by the consultant, and consequently very significant resources required to implement; • unresolved risk management issues related to the operation of such a network; • undefined program resources (e.g. region-wide staffing implications and public education resources) for certain elements; and • concerns with the feasibility and legality related to some of the financing opportunities suggested by the consultant (e.g. development charge 1523 Report No.: 2007-J-23 Page No. 6 eligibility for cycling infrastructure and other Federal-Provincial grant programs). 2.10 Given the significant scale of the potential project, it would not be prudent to expend additional consulting resources to have the study further refined to address the above concerns. Rather, the consultant's study will provide technical input and background for future work if Regional Council wishes to proceed. Any further consideration of the Regional Cycling Plan Study will first require a Cycling Business Case and further financial and risk analysis to be undertaken, by prioritizing the relating capital expenditures within the context of the broader range of initiatives to which the Region is financially committed. 3. FINANCIAL AND RISK IMPLICATIONS 3.1 The development of a Regional Cycling Network Plan and Implementation Strategy must be considered within the context of the current and future cost pressures facing competing Regional transportation priorities and potential property tax increases required to accommodate the Region's Transportation programs. Regional Roads Program 3.2 Future road expansion projects for the Regional Roads Program continue to pose significant challenges. The 2008 — 2011 forecast period includes a number of projects that require significant development charge and property tax funding, in which the former will incur a shortfall in revenue over the forecast period. These projects also have a significant property tax funding component, which is financed through the Special Roads Levy. The Special Roads Levy, which funds growth-related capital projects, requires increases in future years to address the residential and non-residential growth in the Region. The allocation in the 2007 Regional Business Plans and Budgets for the Special Roads Levy is $10.7 million and will need to increase by approximately $3.0 million over the next three years in order to allow growth- related capital projects to proceed, like the widening of Brock Road in the City of Pickering and the widening of Bayly Street in the Towns of Whitby and Ajax. 1524 Report No.: 2007-J-23 Page No. 7 3.3 In addition, with respect to the Regional Roads Rehabilitation Program, further increases in the Roads Rehabilitation Levy are required in order to maintain current conditions. The funds allocated in the 2007 Regional Business Plans and Budgets for the Roads Rehabilitation Levy is $9.0 million and needs to increase by a further $5.0 million in future years to bring the Rehabilitation Road Program to a level that will maintain the current condition of the road network. Durham Region Transit 3.4 The amalgamation of local municipal transit services, resulting in the establishment of Durham Region Transit on January 1, 2006, has introduced a number of financing challenges for the Region, including fleet replacement and improvements to existing service levels for the 2008 to 2011 forecast period. For example, in order to advance the implementation of the 5-Year Transit Service Strategy, Regional Staff developed the "Connecting Communities - Moving Ahead to BRT" plan, which was largely aimed at dramatically increasing route coverage, service levels, span of service and ridership on key corridors within the Region. The total estimated capital costs of implementing the plan are $175 million over the next 5 years or$226 million over the next 24 years. Although the Region is seeking a tri-party funding partnership between the Region, Province and Federal Government, this plan, if fully implemented, would require a Regional commitment of$53.5 million. The Region would also be required to finance the full property costs on its own, estimated at $15 million, bringing the Region's total capital cost requirement to $68.5 million over the next five years. 3.5 The proposed Capital Expenditure Program for Durham Region Transit over the forecast period (2008-2011) totals $105.2 million and is comprised of: • A total of 48 expansion vehicles ($18.8 million), 70 replacement vehicles ($21.2 million) and refurbishment of 28 buses and engine rebuilds ($7.0 million); • $42 million for the rehabilitation/expansion of Durham East and for a new facility for North Durham and supporting equipment; • $4.9 million for the GTA Fare system; and • $11.3 million for other system improvements. 1525 Report No.: 2007-J-23. Page No. 8 Business Case Analysis 3.6 Given the operating and capital infrastructure costs required for Regional roads and transit, Regional Council would need to consider the financing challenges of a potential Regional Cycling initiative, in light of 2008 detailed budgetary information for Regional Roads and Transit, to determine an appropriate balance of current and future community needs for Durham. 3.7 Consistent with current Regional Council direction and best business practices, new capital projects and programs, which are undertaken by Regional Departments, require capital cost control measures, such as the establishment of a business case, to ensure benefits to stakeholders by striving for an appropriate prioritization of taxpayers' dollars and resources. A business case analysis will be needed prior to any budget or forecast submission. This business case needs to provide: • An analysis of alternatives regarding ongoing costs and responsibilities, including insurance, risk management, land acquisition, property management, maintenance, signage, monitoring and life cycle costing of any Regional infrastructure; • A fact-based foundation for a decision to either proceed or not proceed with the capital project; • Identification of critical success factors to facilitate oversight of the project; • Identification of business activities that need to be addressed to facilitate implementation of the project; and, • A basis for establishing benchmarks for setting project goals, measuring progress and identifying problem areas. 3.8 As part of the Region's Cycling Business Case, further consideration needs to be given to Risk Management and Insurance issues to ensure that the proper standard of care is provided. This increased scope of duty should include additional inspections, maintenance and improvement of the Regional roads in the cycling network. 1526 Report No.: 2007-J-23 Page No. 9 4. CONCLUSION 4.1 The consultant has completed the Regional Cycling Plan study assignment in accordance with the terms of reference. To move forward on the cycling initiative, a Business Case analysis, including further financial and risk analysis, will be considered in the 2008 Regional Roads Servicing and Financing Study, that will be presented during the 2008 Business Planning and Budget process. Meanwhile, the Region will continue with its outreach and educational role in terms of health promotion, safe cycling practices, and Transportation Demand Management. A. L. Georgieff, M.C.I.P., R.P.P. R. J. Clapp, CA Commissioner of Planning Commissioner of Finance Clifford Curtis, P. Eng., MBA Commissioner of Works RECOMMENDED FOR PRESENTATION TO TRI-COMMITTEE G.H. Cubitt, M.S.W. 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K t 2 ,UyyyU =J C m J K Fm- m p 0 m 2° No U!- ~ L w t 0 O E 2 O6 « aO po c U- — .2 WO m Z U � ° n m E H1NE m m o m Q 0 222 w E p E° 0 O O dd c � 0 o w m m 6 0 0 a 0 J Q J L Y LU J c J E U Cc � 22 52 ' p D U) 0 � 5 ❑ m m J C J Z L Q m m @ m c z C m w m m •O > d c a U } J K a o a m i °m 3 3 Yr ,Oa v m $N °m mo c 5 m m O o Y.m p c a tamm m .K 0 o m o K a .m m C2 E o m o Y M a � m a 0 Of Ir ye ° NN ° JJ 0 It cc 2 J Kc° m 0 0 m 0 0 o C c w Y o 2 w — >oa a a U 0 — mc o N 0 W c U / a ❑ VLm nJ a o m_ co°I R11N 1529 Attachment i To Addendum Report PSD-128-0i Council Meeting Minutes -25 - May 29, 2006 AND WHEREAS the main goals of the Long Term Waste Management Strategy Plan is to divert at least 50% of the residential waste by the year 2007; AND WHEREAS the Wilmot Creek Community is a land lease residential community with approximately 800 homes and has been excluded in the Region's curbside program and is able to meet the Region's standards for waste collection: NOW THEREFORE BE IT RESOLVED that the Region of Durham be requested to implement an Integrated Residential Waste Management System for the Wilmot Creek Community as soon as possible. "CARRIED ON THE FOLLOWING RECORDED VOTE" Declaration of Council Member Yes No Pecuniary Interest Councillor Foster Councillor MacArthur Councillor Pin le Councillor Robinson Councillor Schell Councillor Trim Mayor Mutton Resolution #C-283-06 Moved by Councillor Schell, seconded by Councillor Trim WHEREAS the Region of Durham's Trail Coordinating Committee has endorsed the Draft Trail Network, as amended and are proceeding to the Implementation Strategy portion of the process; AND WHEREAS the Region of Durham's Community Strategic Plan sets out the goals of A3 "Supporting the development of alternative methods of transportation including waterfront trails and other trail systems" and B7 "Protecting, enhancing and investing in our waterfronts"; AND WHEREAS the Region's Official Plan under Section 14.3.9 explicitly indicates that when an environmental impact study is required that the study shall address "opportunities for the appropriate portions of the subject lands to be included in a natural corridor system along the waterfront and creek valleys"; and further"Regional Council shall support the ongoing development of a continuous and coordinated Lake Ontario waterfront trail..."; AND WHEREAS the Proposed Directions of the Regional Official Plan Review further supports land securement for conservation purposes and the implementation of a Regional Trail Network; 1530 Council Meeting Minutes - 26- May 29, 2006 AND WHEREAS the Region's Environmental Assessment for the Courtice Water Pollution Control Plant included the concept of and a commitment to the waterfront trail along the waterfront, including a pedestrian crossing of the railway tracks; AND WHEREAS the Region's Environmental Assessment for the Additional Water Supply to Service the Newcastle Urban Area (Newcastle Water Treatment Plant) included the concept of and commitment to the waterfront trail along the waterfront; AND WHEREAS the development of the trail and appropriate natural corridor plantings was not included in the site development plan for the Courtice Water Treatment Plant; NOW THEREFORE BE IT RESOLVED THAT THE MUNICIPALITY OF CLARINGTON request Regional Council to direct staff to make the necessary provisions for funding in the 2007 capital budget for: a) construction of, planting of and provision of amenities for the waterfront-trail from Courtice Road to Solina/Osborne Road including provision of a permanent pedestrian crossing of the railway line; b) construction of, planting of and provision of amenities for the waterfront trail across the front of the Port of Newcastle Water Treatment Plant; and c) provision of the necessary access easements to the Municipality of Clarington (at no cost) for Clarington's maintenance of the trail, AND FURTHER, THAT a copy of this resolution be forwarded to Durham Region Trails Cc-ordinating Committee, and the Waterfront Regeneration Trust. "CARRIED" BY-LAWS By-law 2006-119 was distributed as a handout. Mayor Mutton advised that the tax rate by-law included in the agenda recognizes a tax rate increase of 1.33 percent compared to 1.39 percent last year. Resolution #C-284-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-092, and 2006-112 to 2006-119, inclusive, and that the said by-laws be now read a first and second time: 2006-092 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 1531 UNFINISHED BUSINESS Clar�ngton REPORT Leading the way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 19, 2007 Report#: Addendum to Report CLD-036-07 File #: By-law#: Subject: MEETING INVESTIGATOR — CLOSED MEETINGS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the Addendum to Report CLD-036-07 be received; 2. THAT Report CLD-036-07 be received; 3. THAT a by-law be forwarded to Council to appoint Local Authority Services Ltd. (LAS) as the meeting investigator in accordance with section 239.1 of the Municipal Act, 2001, and 4. THAT LAS be advised of Council's decision. Submitted by: Patti arri , CMO Reviewed by: Franklin Wu, Municipal Clerk Chief Administrative Officer PLB' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1532 REPORT NO.: ADDENDUM to CLD-036-07 PAGE 2 OF 4 Background At its meeting held on November 5, 2007, the General Purpose and Administration Committee considered and referred Report CLD-036-07 back to staff for further information. A copy of Report CLD-036-07 is included for information as Attachment No. 1. Cost Recovery Report CLD-036-07 recommended that the Municipality enter into an agreement with Local Authority Services Ltd. (LAS) to provide the service of a meeting investigator. LAS is offering this service to municipalities across the province at a cost of $1250/day plus travel expenses and other "out of pocket" expenses. Committee was questioning whether or not the costs of an investigation can be recovered from the individual filing the investigation request. The legislation does not provide for the Municipality to recover the costs from the applicant. Ombudsman's Office Should a municipality not appoint a meeting investigator, the legislation indicates that the Provincial Ombudsman, by default, becomes the investigator. The Ombudsman's office has advised that they will be completing these investigations at no cost to either the municipality or to the person bringing the complaint to their office. 1533 REPORT NO.: ADDENDUM TO CLD-036-07 PAGE 3 OF 4 Other Municipalities For Committee's information, the following outlines the actions of the municipalities within the Region of Durham with respect to this matter: Survey - Area Municipalities Closed Meeting Investigator Oct. 19, 2007 Revised Nov. 6, 2007 Municipality Report to LAS Fee Comments p y Council Service Ajax No Yes Nov. 22 - Committee Dec. 10 - Council Brock Yes Yes $25 Clarington No Yes Report referred back from Committee -pursuing allowing the Oshawa No No No Ombudsman to perform closed meetings Report going forward to Pickering No No Committee - Nov. 12 - Recommending Provincial Ombudsman Scugog Yes Yes Under Report approved Nov. 5, 2007 Review Uxbridge Yes Yes $25 Report approved by Council Nov. 5, 2007 Whitby Region Yes Yes TBD Report passed at Council Oct. 31, 2007 1534 REPORT NO.: ADDENDUM to CLD-036-07 PAGE 4 OF 4 Request Fee Following consideration of Report CLD-036-07, communication was received from the Association of Municipalities of Ontario in which they recommend that municipalities initially not charge a fee for filing an investigation report. Accordingly, staff is recommending that the $25 fee as originally recommended not be charged. Should there be an onslaught of frivolous requests filed, this matter can be revisited. Interested parties to be advised of Council's decision: Local Authority Services 1535 Attachment No. 1 to Addendum to Report CLD-036-07 Clam REPORT" cRaaMg aye way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 5, 2007 Report#: CLD-036-07 File#: By-law #: Subject: MEETING INVESTIGATOR— CLOSED MEETINGS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-036-07 be received; 2. THAT a by-law be forwarded to Council to appoint Local Authority Services Ltd. (LAS) as the meeting investigator in accordance with section 239.1 of the Municipal Act, 2009 and to provide for a $25.00 requester fee for meeting investigations; and 3. THAT LAS be advised of Council's decision. Submitted by:I Patti . rri , MO Reviewed by: Franklin Wu, ici lerk Chief Administrative Officer PLB" CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-650P 1536 REPORT NO.:CLD-036-07 PAGE 2 OF 5 Background Section 239 of the Municipal Act, 2001 (the Act) provides that all meetings of Council, committees of Council and boards appointed by Council must be open to the public, with the exception that a meeting may be closed to the public for the purpose of considering the following matters: (a) security of the property of the municipality or local board; (b) personal matters about an identifiable individual, including municipal or local board employees; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act; (h) for the purpose of educating or training the members, providing no member discusses or otherwise deals with any matter in a way that materially advances the business or decision- making of the council, local board or committee. On January 1, 2008, section 239.1 of the Act comes into effect which permits any person to request an investigation be undertaken to determine whether a municipality or local board (excluding a library board), or a committee of either, has complied with the closed meeting rules contained within the Act. Section 239.2 authorizes a municipality to appoint an investigator to conduct a review of any requests which may be made by the public. Should a municipality choose not to appoint an investigator, reviews will be conducted by the office of the Ombudsman of Ontario. 1537 REPORT NO.:CLD-036-07 PAGE 3 OF 5 Proposal Local Authority Services Ltd. (LAS) is a wholly-owned subsidiary of The Association of Municipalities of Ontario (AMO)which supports municipalities and the broader public sector by delivering programs and services that leverage economies-of-scale and co-operative procurement efforts. LAS is offering a meeting investigator service and have forwarded a proposal to all municipalities in the province. Should a municipality choose to enter into an agreement with LAS for the delivery of this service, a standard by-law is provided by LAS which incorporates an agreement between LAS and the municipality. This by-law reflects the intention of LAS to delegate its authority to a third-party company (Amberley Gavel Ltd.)who will provide a panel of Review Officers who will conduct investigations. All Review Officers are familiar with municipal government and are required to participate in training regarding municipal and local board meeting processes, as well as investigative processes. A list of all Review Officers will be available to program members. The LAS investigation process will be as follows: • A person files a request for investigation with the Clerk. • The Clerk forwards the following information to the Investigator: ➢ the original request for investigation ➢ certified copies of the municipal procedure by-law, notice policy, notice of the meeting ➢ certified copies of the agenda with all relevant attachments for the meeting and the minutes of the meeting ➢ contact list for all members of Council, local board, or committee for which the request is made and for all persons present at the meeting ➢ such other information determined to be relevant by the Clerk or by LAS 1538 REPORT NO.:CLD-036-07 PAGE 4 OF 5 • The Initial review by the investigator may result in the individual withdrawing the request, a decision not to proceed with reason, or a decision to proceed with the investigation. • In the case of withdrawal, or decision not to proceed, the investigator notifies the parties. • If the decision is to proceed, a Review Officer is assigned and an investigation is performed. • A draft report is filed with the investigator for review • If circumstances warrant, the municipality or local board will be given a formal hearing opportunity. • A final report is prepared and submitted to the council, or local board and council, and posted on the investigator website. LAS Fees There are two types of fees with respect to the agreement with LAS. The first is a retainer fee of $600 which covers the 2-year term of the agreement. This retainer allows for educational materials to be developed and provided to municipalities and local boards and also covers administrative overhead. The second fee is the daily rate for actual investigations. Fees for an investigation will be billed hourly, based on $1250/day (+ all applicable taxes) plus travel expenses and other"out of pocket" expenses (ie, meals, accommodation and administration such as copying). Review Officers will be located geographically around the Province to minimize costs to municipalities. In addition to the meeting investigator service, LAS will provide the municipality with a password- protected website that will provide a variety of information resources including access to all reports made to date, as well as information on the panel of Review Officers and information and suggestions on closed meetings as part of an ongoing education program. 1539 REPORT NO.:CLD-036-07 PAGE 5 OF 5 Requester Fees In accordance with Part XII of the Act, a municipality can establish fees for requesting an investigation. Upon receipt of a request, staff time will be required to prepare the information package that is to be forwarded to LAS. It is, therefore, recommended that a request fee of$25 be established. Recommendations At this time, municipalities are unaware of the number of requests that may be received once the legislation comes into effect on January 1, 2008. It is recommended that the municipality enter into an agreement with LAS for the investigation services rather than default to the Provincial Ombudsman or appoint a specific individual. The initial term of the agreement will be for two years, ending on December 31, 2009. At that time, the municipality will be able to review the services provided and determine whether to continue with the agreement or pursue other alternatives for the service delivery. As noted above, it is also recommended that the municipality charge a $25.00 fee for the filing of a request. Upon approval of the recommendations contained herein, a by-law will be forwarded to Council authorizing the Mayor and Municipal Clerk to execute the agreement. Interested parties to be advised of Council's decision: Local Authority Services 1540 HANDOUTS / CIRCULATIONS FOR GP&A Comments by Libby Racansky on Re PSD-135-07—Hwy 407: November 19, 2007 1 agree in general with this report, but if it is in the interest of our Municipality to get the best transportation system, Council would have to add to this report these requirements: In June 2007 the Federal Minister of Transport formally announced the development of National Strategy for public transit. 2007 federal budget provided for transit projects. As you well know, Ontario Ministry of Transportation has not made any real commitment on providing or spending money on transit along the Hwy 407. Greater Toronto Transportation Authority met on October 26 2007 and they made a resolution stating that: "The federal Government be requested to immediately commit to its requested share of the MoveOntario 2020 transit plan and That copies of this resolution be forwarded to the Prime Minister, Federal Ministers of Finance and Transport and GTTA counterparts in Vancouver(TransitLink)and Montreal (AMT)." The resolution also cited the instrumental role of the Federation of Canadian Municipalities and other stakeholders to develop a National Transit Strategy. 1. Hwy 407 will serve as an international highway therefore It would be beneficial to find what can our Council do for the support and actualization of this resolution and its Inclusion within comments on 407 Hwy. Our Municipality has to act on its own to get the Transit even though it is the priority of Ontario government, as they claim.You should demand commitment from the Province and Feds. 2. You know as well that Region is not very keen on transit spending or much needed upgrade of regional roads like Taunton Rd. Council should insist that instead of extension of Pebblestone future Rossland Rd. deeper into the provincially significant wetland complex that would hinge to the extension of urban boundary,that the existing roads with planned interchanges be upgraded by the Province, otherwise we will be stuck with congestion on these roads. Regional Councillors should request Region to pitch in this move. No other Municipality, with the exception of Whitby will be stuck with problems if you will not act upon it nowl It seems to me that you are not realizing the complexity and impact of Hwy 407 on our Municipality. 3. Council should request Province to rehabilitate their properties along Hancock and Nash Rd. along which the link will be built.This includes removal of old broken dam on the Black Creek, get rid of on-stream pond and weir; all these are negatively affecting fisheries. f 4. Council should request Province to undertake a soil study on Solina Rd. property to ensure suitability of the property for its intended use prior to building the link.This was one of the suggestions by MOE in their letter to our Municipality. Otherwise 407 activities may expose or redistribute contaminated soil somewhere else; Black Creek itself may be affected as well as safety of residents. Industrial soil with 985 ppm of lead and other unidentified contaminants were deposited here by one of the consultant for Hancock Neighbourhood in 1996/7. S. Council should request Province that the link should be an elevated structure in order to protect groundwater movement,farmers wells, provincially significant wetlands, wildlife habitat and corridor,farms and railway tracks. Our Municipal staff and especially CLOCA's concerns could be addressed this way.This could even reduce noise coming from this highway. 6. Passengers'safety could be resolved by using raised structure as well.As you can see on my photographs,almost ever present fog is formed above ground on land that is located on the water reservoir. It is usually here at the time of morning and afternoon rush hours. This phenomenon is caused by different air temperature than that of the never changing cool temperature of cool groundwater hidden in this reservoir. 7. Shift of the link route to the west at E8(north of Nash Rd.)to protect the whole wetland, its significant forest-buffer and fish habitat. So much of habitat was lost due to your approval of Black Creek Development and Hancock Neighbourhood, not to mention previous losses. 8. Council should request Province to purchase remnants parcels within the Black- Farewell watershed and Maple Grove for conservation since so much land for infiltration in this groundwater recharge area was already lost to development. According to the PPS, it should be in provincial interest to protect provincially significant wetlands,groundwater recharge/discharge areas. 9. Council should remind Province that no road salt or liquid de-icing compound can be used within this watershed,according to the agreement between Town and Second Marsh Defence.This resolution was approved by Council. I have many other concerns with 407 project, but these are the most important one.Just remember, if you don't ask for these changes or commitments now, you will not get any help later on.This Municipality owes to this watershed and its residents since not even one inch of land was ever purchased or protected as it should be. Ro f& !Jana fakti Aus October 12, 2007 Attention: Homeowner/Community Member RE: EASTERN EXTENSION PATH OF 407ETR (from Courtice to Hwy 35/115) The developers of the 407ETR highway extension are considering using the land areas north of Taunton and south to Concession 6 affecting Middle Road east to Bethesda Road. For many this would mean being forced to sell their land and homes to developers. We are working to convince developers and investors that these areas should remain in their natural woodland /wetland state, along with the existing homesteads. We are proposing that the 407ETR be moved north and eastward to avoid this location altogether for the following reasons. After much inquiry and investigation adequate answers to the following questions and arguments have still not been adequately/sufficiently addressed by the planning officials: Re: Extension Path of 407ETR Past Courtice(using Concession 6 and traveling through the villages of Solina, Hampton, Enniskillen and the general Tyrone community) Pros: None that anyone can reasonably see. Cons: (for current and preferred route proposed) i) Taxpayers footing the bill of the cost of building basically a brand new 14 to 20 kilometer road from scrap with bridges when one already exists(that being Regional Road 20) ii) Regional Road 20 is a well maintained straight direct route which is under utilized. iii) Basically cuts off the four sister communities of Hampton, Enniskillen,Solina and Tyrone,which all share community centres, schooling,bike paths,CLOCA and many community events. The Hampton community recently came together to have an old wetland re-dug and fundraised to build a bridge, pond,etc. iv) This roadway will seriously affect the independence of children to move freely within those communities and create more vehicle traffic because of attempting to navigate bridges and overpasses. V) It is ridiculous to assume that small children will drive across a 4-lane highway to visit family and friends(many of the land parcels in this area are homestead properties where there are family members having homes on various parcels of the original tract of land. vi) The roadway will cause displacement of many homesteads and home owners. vii) Natural wetlands and woodland areas currently in their natural setting and thus far untouched by developers. viii) Cedarpark and Archibald Orchards are entranced from that roadway. These are great community gathering places which children can now bike and walk to. ix) This throughway will depreciate the value of the homes along Middle Road, Liberty St. North,and Bethesda Road: ► Horse and cow farm owners ► Hobby farmers ► Estate property owners ► Small business owners X) This roadway will cause the buy-out of unnecessary properties that homeowners don't want to give up. Alternate Suggestion: i) Use Regional Road 20 or shift current technically preferred route as far North of Concession 6 as possible. ii) Don't buy into the greenbelt or moraine argument(when Regional Road 20 was already permitted to exist). iii) Ignore lobbying from the aggregate companies who don't have a vested interest in the land and homesteads. Continued on page 2 . . a Page 2 iv) Use an existing direct roadway to Hwy#35/115(Regional Road 20 and/or Concession Road 7). V) Add one lane on each side of Regional Road 20-expanding an existing system. vi) Since zoning does not allow this roadway to be built along for commercial use,why not just add to existing lanes to Regional Road 20-it is all zoned greenbelt anyway. vii) There is little housing along this existing route . viii) The roadway would somewhat follow the hydro lines-for already unusable land along Concession 7. ix) The existing farms are already accustomed to the existing divisions. X) If it was moraine or greenbelt land,why was a current roadway permitted in the first place along Concession 7 and Regional Road 20. A) There would be enormous extra costs associated for not using an existing usable eastbound route. Re: Bethesda Road lnterchanoe Pros: Absolutely none seen. The most ridiculous suggestion so far Con: i) Beautifully maintained community cemetery will be ruined. ii) Hwy 57 is already an access point to the 407ETR. Bethesda Rd.is too close in proximity. iii) Lambs Rd. is a very windy disjointed roadway and has two very large bends in it. iv) This area is poorly drained and very hilly,and transverses many waterway areas(creeks and rivers) V) It is basically a dead end road from Hwy 2 to Concession 3,where it actually stops and then proceeds north to Concession 8,where it stops again to Regional Road 20-where the 407ETR eastern extension should be onward from Hwy 57 to 35/115. vi) The cost of a new roadway from Hwy 401 to Concession 6/7 would be enormous. Many bridges would be required. vii) Full cost of Hwy 401 interchange-when is already plenty of space to improve existing Regional Road 42 ramps to the Hwy 401 and Hwy 35/115. Alternate Suggestion: Use Regional Road 42/Regional Road 20 and Concession 6/7 as interchange i) It is straight,well drained and EXISTING roadway-no existing homestead is affected by the interchange. ii) It goes right from Newcastle straight through to Concession 7 and 8. iii) There is lots of land in that area for expansion of intersections at Hwy 2 and 42. iv) Not nearly as populated along Regional Road 20-no estate properties. V) No cemetery to disturb or relocate from Reg. Road 42 and Conc 6/7 to Regional Road 20. vi) Interchange at Bethesda Rd and Concession 6 is too close to Taunton Rd. vii) Regional Road 42 and Concession 9/Regional Road 20 allows for future expansion. viii) Abundance of land to build an interchange without affecting homeowners. ix) It should be a priority to work with existing roadways and interchanges for cost savings to tax payers-since the government will own this portion of the highway,cost savings should be considered. X) The taxpayers will have paid the bill for this portion of the roadway and no one has yet answered the question whether they will have to pay tolls to use it!!! A) Why break through areas which DO NOT NEED or WANT a highway and cause undue stress to countless lives and households. YOUR input WILL have a SIGNIFICANT IMPACT on the decision of the developers and engineers on where to locate this proposed eastern extension to the 407ETR. They need to hear from YOU NOW and we ask that you express your concerns urgently to reinforce the arguments we have already put forth at development meetings. Your COMPLETION AND MAILING of the attached form letters will make a difference to our community if we work together. We will keep you updated of any upcoming meetings or developments. We are available to discuss this further if necessary. Thank you for taking part in the preservation of our fast eroding countryside community. Sincerest Regards, Rolf&Tania Fabricius (905)263-8787 i s November 19, 2007 OBJECTION TO EXPANDING THE 407 FURTHER THAN OSHAWA Personal Introduction • My name is Rolf Fabricius • I grew up along side of the 401 on land purchased from the 401 extension in the 60's located near Shelter Valley Road. My family farmed the 1000 acres land and found it a challenge to cross the highway to access the rest of the farm. As a child I recall rounding up cattle that had found their way onto the highway. • I have been a 20 year resident of Hampton, a Professional Engineer and a business owner . • I travel the 407 regularly, and one of those commuters that daily curse that the 407 was not extended to Thickson Road before that phase was stopped.. • 1 own the North American Steel group of Companies based in Whitby Ontario. • I have four Manufacturing facilities in Canada. • I am a specialist in the logistics field of business , and have worked on projects that currently include the largest of its kind right here in Ajax, The new Loblaws Distribution Warehouse. • I design, produce and install complete retail and warehouse racking systems that supply and ship ( via transport ) to all areas of Canada and the Northern United States as well as Overseas. • I am also here as a father of three and a long time resident and tax payer of the Municipality of Clarington. • 1 also commute on summer weekends to a cottage in the Haliburton Highlands and after 25 years of doing so have still not encountered one single hold up on route from there to my home in Hampton. My route is to take North to Regional Road 20 to Highway 35/115 and travel on that two hours North. 4 November 19, 2007 407 Eastern Extension Objections Recommendations in support of delaying the building of the route past Simcoe St Page 1 of 4 Delay construction • Why do we need this completed all at once? • Stevenson Rd exchange in Oshawa has taken three years to build and is still not completed. • What is the expectation that both the north south and the east west links can be completed all at once. • Suggest it to be completed in two Phases. Phase 1 link to be completed first. Phase 2 would follow after an additional assessment of traffic needs completed over 20 to 25 years after Phase 1 has been in use. Costs associated with the 407 • Cost to use the highway is more than the average person can afford on a daily basis. • Clarington citizens need to know the costs involved in traveling this corridor before we proceed with it. • We need to know the usage calculations and future projections of the expected traffic flow for the next 25 years. Current Usage • As a regular user I have found that the route between Brock Rd and Markham Rd only sees any sizable volume during rush hour ( still a small portion of the day.) • I do not anticipate a rush hour situation between Simcoe St and Hwy 115 . The only time the volume grows is on Friday and Sunday evenings for the cottage commuters. • Current economic conditions for one of the areas ( and countries) largest employers have changed and hundreds of jobs have been lost in this area alone,( this shows how economic conditions, can dramatically change the traveling and spending habits of one community) Truckin • Most of the warehouses that service the Durham Region are located directly off 401. • I cannot see the trucks traveling all the way North to the 407 to service Peterboro, nor can I foresee the 115 and highway 7 being a major route to Ottawa, therefore it won't service any North Eastern Ontario towns and cities. • I would request from the MTO a projected volume survey for the next 25 years for that route. Page 2 • With the ever rising cost of fuel, not to mention limited supply, do we really expect to see an exponential increase in traffic over the next 25 years. Employing citizens within the communities which we live • I am noticing a trend of further warehousing being built in the Ajax Pickering 401 corridor, in order to distribute to Eastern Ontario. I feel that now is the time for Courtice, Bowmanville and Newcastle to expand their Industrial parks to accommodate the industrial growth this will bring. • As a result our efforts and funds should be directed towards the expansion of the 401 from Simcoe St to the 115 so that our Durham population does not have to commute to Toronto to find work. • I am proposing that public funds be used to extend transit and go-train service all the way to Newcastle,(which is going to see unprecedented growth along the 401 ) to reduce the reliance of cars to get to work. • With the increased employment these expanding business will bring, people will be able to live and work within their own community. • Since the 407 is routed through the greenbelt, no industrial or commercial buildings will be permitted along the highway, therefore the 401 remains the only alternative to provide employment and business expansion for the residents of the Eastern GTA. • As the cost of transportation, land values and taxed continue to escalate, I feel that fewer people will be able to afford second homes or recreational properties. As we have seen recently many of these properties are now four season homes and being used for retirement and permanent residency. The weekend commute will become even less, as these people will have an office and/or demand employment in the communities where they now live. Agricultural Impact (see attached sheet for community impact) • The 407 travels through a minor part of agricultural land from Pickering to Oshawa, while from Harmony Rd. to 115 it disrupts many working farms. • I cannot see farm equipment traveling along Taunton Rd on Concession Road 6 as an East West access route. Thus they are at the mercy of the 407 planners and financiers as to where and as to how many bridges and ramps they will have in order that they may travel to parts of their farms. • The MTO had not clearly identified where and how many of these there will be. Let us not forget these things cost a fortune. Proposed Interchange • I would agree with the Council that Liberty, Bethesda and Darlington Clarke Town Line Rd 42 should be closely surveyed to establish the best option for a North and South Corridor. Page 3 • I cannot see Bethesda Rd over the next 25 years being a major North South Corridor. Firstly, it passes through too many environmentally sensitive areas, and is not at all a straight road. • From the North it has a very poor entrance between Liberty and Conc Road 8 and a poor interchange at Conc Road 6. It has the same dangerous interchange at Taunton Road, a downhill slope for stopping whcih often accumulates with low lying fog moving east into the Gully. • It would require a major bridge and new intersection at Concession Road 4, and then again an unsafe hidden intersection at Concession Road 3, which is another hilly access. • The cost of moving the Bennett Road exchange (which currently nicely diverts city traffic) and shifting it to Lamb's road would be ridiculous. • Therefore all the people from Orono and Leskard would have to travel the Darlington Clarke Townline 42 'jog' to reach the Bethesda Rd interchange • It makes more economical sense for Clarington, and would create less disruption to have an interchange at Reg Rd 42. There is a huge spans of land there not currently being farmed and no residents would be disturbed. • Regional road 42 is an established, straight road which is already a successful link for most commuters in the East Clarington area. Considerations for use of alternate roads and extending dead end roads • What has been overlooked here is the importance of Concession Road 7 and Regional Road 9. • This is a major thoroughfare for the Southern Rice Lake area. • The exchange located at Reg Rd 42 would be a smoother access than one at Bethesda Rd. • I cannot see the residential people of Bowmanville backtracking on a regular basis to Lamb's Road to reach the Bethesda Rd interchange. • They will travel north on Liberty , left on Taunton and then right onto Highway 57. Over time this would create a congestion nightmare. • We would require an exchange on Liberty or a new diagonal connection to Regional Rd 57 from Liberty Street. • I could see the same issues regarding Middle Road because of the future subdivision expansions planned it will become as important an artery as Liberty St. • Mearns is shown on the map as being a through road. It is not. This will not be option in the future due to the environmental impact both North and South of Taunton. It curves right into Bethesda Rd half mile before Bethesda gets to Taunton, and does not flow through to Clements Road. • Thus we should anticipate further growth between Liberty and 57 from highway#2 all the way up to Concession Rd 6. 1 do no see the same growth between Liberty Rd and Lamb's Road. t Pg 4 In Conclusion; 1 would like to state that I recommend the council to be prudent and not disturb our community for an expensive highway that will see very little usage over the next 25 years. It is my opinion that I have offered a very good alternative by recommending that the 407 extension be broken into two phases. Phase 1 will be from Brock Rd to where it will intersect Winchester Road just before Ritson Rd. • I then recommend we expand and straighten Concession Road 7 from Harmony Road to Enfield Rd. • This will allow weekend commuters to use either Regional Rd 20, Concession Rd 7, Concession Rd 6 or Taunton Rd to reach the 115 and 35 highways. 1 do not see a major increase in Traffic over the summer months on these roads, and very little increase over the remainder of the year. • As traffic slowly builds, we can over this twenty year period expand our North and South routes by: connecting Enfield Road to Courtice Road, by expanding highway 57 from Nash Road to the 401, and by extending Clarke Line 42 north from Taunton to Mossport Rd 20. • This will give us a twenty to thirty year window to evaluate and justify the phase 2 expansion of the 407 to highway 115. If Phase 2 would be acted upon immediately, then the above recommendations would have to be constructed immediately to handle the traffic congestion resulting from the dead ended secondary roads. Respectfully Submitted by: Rolf Fabricius