HomeMy WebLinkAbout03/31/2008 ciarj
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Energizing Ontario
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: March 31, 2008
TIME: 9:30 A.M.
PLACE: COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. ANNOUNCEMENTS
4. MINUTES
(a) Minutes of a Regular Meeting of March 17, 2008 401
5. PRESENTATIONS
(a) Richard Tindall & Chris Hamel, KMK, Regarding Draft
Recommendation for the Master Plan
6. DELEGATIONS (List as of Time of Publication) 601
(a) Jaison Gibson, Regarding Wilmot Creek Art & Tourism Concept —
Nature Park System
(b) Carol Davidson, Regarding Feasibility Study to Turn Total Hockey
Space into a Performing Arts Centre
(c) Valerie Cranmer, Regarding Report PSD-035-08, Zoning By-law
Amendment Adessa/Impact Auto Auction
(d) Kevin Tunney, Reports PSD-036-08 and PSD-037-08, Regarding
Northglen East and Northglen West Developments
(e) Nick Mensink, Reports PSD-036-08 and PSD-037-08, Regarding
Northglen East and Northglen West Developments
7. PUBLIC MEETINGS
(a) Proposal to Convey an Unopen Road Allowance Situated in Lot 28, 701
Concession 5, Former Township of Clarke
Report: EGD-011-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379
G.P. & A. Agenda - 2 - March 31, 2008
(b) An Application to Amend the Clarington Zoning By-Law 702
Applicant: Dave Miura
Report: PSD-031-08
(c) An Application to Amend the Clarington Zoning By-Law and for Proposed 704
Draft Plan of Subdivision
Applicant: 829426 Ontario Inc. (The Kaitlin Group Ltd.)
Report: PSD-032-08
(d) Proposed Street Name Change 706
Applicant: Municipality of Clarington
Report: PSD-033-08
(e) An Application to Amend the Clarington Zoning By-Law 707
Applicant: Arnold Geisberger
Report: PSD-034-08
8. PLANNING SERVICES DEPARTMENT
(a) PSD-031-08 Proposed Zoning By-Law Amendment to Permit a Single 801
Detached Dwelling
Applicant: Dave Miura
(b) PSD-032-08 Applications for Draft Plan of Subdivision and Zoning By- 814
Law Amendment
Applicant: 829426 Ontario Inc. (The Kaitlin Group)
(c) PSD-033-08 Recommended Street Name Change for Lambert Street, 822
South of Queen Street
(d) PSD-034-08 Proposed Zoning By-Law Amendment to Facilitate the 826
Severance of a Surplus Farm Dwelling
Applicant: Arnold Geisberger
(e) PSD-035-08 Applications to Amend the Clarington Official Plan and 835
Zoning By-law to Permit An Increase In Outdoor Storage
For An Industrial (Auto Auction) Use
Applicant: Impact Auto Auctions Ltd.
(f) PSD-036-08 Zoning By-law Amendment and Draft Plan of Subdivision 855
to Permit the Development of 1300 Residential Units
Applicants: Baysong Developments Inc., 2084165 Ontario
Ltd., Kirk Kemp and Douglas Kemp (Northglen West)
G.P. & A. Agenda - 3 - March 31, 2008
(g) PSD-037-08 Zoning by-law Amendment and Draft Plan of Subdivision 898
to Permit the Development of 364 Residential Units
Applicants: Kirk Kemp, Douglas Kemp, Helen Kemp,
Robert Carruthers and Patsy Carruthers (Northglen East)
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD-011-08 Proposal to Convey An Unopen Road Allowance Situated 901
In Lot 28, Concession 5, Former Township of Clarke
(b) EGD-016-08 Beech Avenue Road Reconstruction 905
Public Information Centre
(c) EGD-017-08 Amending Agreement of Understanding for Springfield 914
Meadows III — 708545 Ontario Limited (Geranium Homes)
10. OPERATIONS DEPARTMENT
(a) OPD-003-08 Railway Grade Improvements, Darlington Park Road 1001
Courtice, Authorizing By-Law for the Extension of an
Agreement Between Canadian National Railway and the
Corporation of the Municipality of Clarington
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
No Reports
12. COMMUNITY SERVICES DEPARTMENT
(a) CSD-007-08 Total Hockey Floor Space 1201
13. MUNICIPAL CLERK'S DEPARTMENT
(a) CLD-011-08 Appointment of a Part-Time Parking Enforcement Officer 1301
(b) CLD-012-08 Appointment of Municipal Law Enforcement Officer— 1304
Animal Services
14. CORPORATE SERVICES DEPARTMENT
(a) COD-013-08 CL2008-3, Supply and Delivery of High Performance 1401
Permanent Cold Patch
(b) COD-015-08 CL2007-47, Kendal Kitchen Construction 1404
(c) COD-020-08 CL2008-4, Culvert and Bridge Improvement 1409
G.P. &A. Agenda - 4 - March 31, 2008
15. FINANCE DEPARTMENT
(a) FND-008-08 Building Permit Fees Annual Report 1501
(b) FND-009-08 Mayor & Councillor's Remuneration & Expenses for 2007 1505
16. CHIEF ADMINISTRATIVE OFFICE
No Reports
17. UNFINISHED BUSINESS
18. OTHER BUSINESS
19. COMMUNICATIONS
20. ADJOURNMENT
Clarington
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General Purpose and Administration Committee
Minutes
March 17, 2008
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, March 17, 2008 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 s
Facilities Manager of Community Services, G. Acorn
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
Fire Chief, Emergency Services, G. Weir
Deputy Clerk, A. Greentree
Clerk II, E. Atkinson
Mayor Abernethy chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST -
There were no pecuniary interests stated for this meeting.
ANNOUNCEMENTS
Councillor Novak reported that she attended the Annual Board meeting of the
Clarington Older Adults and had the opportunity to attend the Barrie's farm open house
showcasing their new barn.
Councillor Hooper informed the Committee that he attended the Pancake Breakfast
hosted by the Clarington Older Adults Association and it was a great success.
Councillor Hooper mentioned that the Clarington Older Adults Association will be
holding a Wellness Expo on March 29th at the Beech Center. He also attended an
Agricultural Advisory Committee Meeting and he found it very informative.
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General Purpose and Administration Committee
Minutes
March 17, 2008
Councillor Foster attended the celebration of the Courtice Rotary on Friday and he went
to the Maple Festival held at the Purple Woods which was very well attended.
Councillor Foster congratulated CLOCA for work well done.
Councillor Woo informed the Committee that he too attended the Pancake Breakfast
hosted by the Clarington Older Adults Association and that Suzanne Summers was the
guest motivational speaker. As well, he attended the grand opening of Shoppers Drug
Mart located on Longworth Avenue.
MINUTES
Resolution #GPA-200-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on February 25, 2008, be approved.
CARRIED
PRESENTATIONS
Angie Darlison, Clarington Older Adults Association, spoke to the Committee regarding
the success and challenges of the Clarington Older Adults Association. Ms. Darlison
introduced the Board Members who attended this meeting as well. Ms. Darlison
informed the Committee of the Mission of the Clarington Older Adults Association is to
promote the well being of older adults through the provision of affordable programs and
activities. In 1998 there were 266 members and the total members has increased to
907. Approximately 20% of Clarington's population is potential members. Ms. Darlison
described for the Committee some of the activities and programs currently offered by
the Association and she described some of the new programs and scheduled events.
Most of the current funding which the Association receives pays for the instructors. She
thanked the Committee for the $114,000.00 which they received from the Municipality of
Clarington and she reported that they continue to apply for the grants which are offered
through both the Federal and Provincial Governments. The Association also receives
donations from individuals and companies. Ms. Darlison highlighted some of the
challenges the Association faces and their future goals. The main challenge for the
Association is the lack of parking spaces available to them at the Beech Centre. Ms.
Darlison asked the Committee if it would be possible for them to use other facilities
(such as the community centers in Solina, Hampton and Newtonville) at no cost. The
goals of the Association are to increase public awareness to the programs and events
offered, and to provide these to all older adults throughout the Municipality of
Clarington. She would like to see an increase in satellite programming, community
partnership as well as sponsorships and donations. Ms. Darlison extended the
invitation to all Committee members to attend the Health Matters Wellness Expo being
held on March 29th at the Beech Centre.
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General Purpose and Administration Committee
Minutes
March 17, 2008
DELEGATIONS
Jaison Gibson addressed the Committee regarding Social Reform Part 2. Mr. Gibson
brought forward suggestions on how the Municipality of Clarington could become the
"Green Heart of the GTA°. Mr. Gibson's suggestions included purchasing St. Mary's
Cement for layering and monitoring of our waste and educating the public on the
importance of waste reduction. He suggested the work be funded by reallocating funds
from the proposed EFW proposal and nuclear expansion. Mr. Gibson agreed to
condense his comments and submit them in writing so they may be forwarded to the
Region.
Kevin Tunney addressed the Committee regarding Report PSD-026-08. Mr. Tunney is
pleased to see the report brought forward. He feels the report satisfies all interested
agencies and departments. He informed the Committee that all adjustments
recommended by staff have been addressed, and he looks forward to the draft approval
report expected to come forth to the Committee shortly. Mr. Tunney thanked Staff for
their efforts, and in particular Cindy Strike.
Gregory Milosh, regarding Report PSD-028-08 was called but was not in attendance.
David Bronskill, Solicitor, Meterus, addressed the Committee on behalf of Meterus
Corporation regarding Report PSD-028-08. Mr. Bronskill is very pleased that Report
PSD-028-08 came forward. There are a few minor issues that need to be addressed
such as rear laneways. Mr. Bronskill thanked staff for all the time and effort they have
put into this Report.
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETING
There were no Public Meetings scheduled.
PLANNING SERVICES DEPARTMENT
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETINGS OF FEBRUARY 14, 2008 AND MARCH 6, 2008.
Resolution #GPA-201-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-023-08 be received;
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General Purpose and Administration Committee
Minutes
March 17, 2008
THAT Council concurs with Staff that an appeal by the Municipality of the decision
made by the Committee of Adjustment on February 14, 2008 for application
A2008-0002 and A2008-0004 is not warranted. However, should an appeal be lodged
by another party, that Staff be authorized to appear before the Ontario Municipal Board
to defend its original recommendation; and
THAT Council concurs with the decisions of the Committee of Adjustment made on
March 6, 2008 for applications A2008-0001 and A2008-0005 and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment.
CARRIED
DRAFT PLAN OF SUBDIVISION IN THE CITY OF OSHAWA
APPLICANTS: FORD, BIESENTHAL, KINGSWAY & OSHAWA MISSIONARY
COLLEGES
Resolution #GPA-202-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSD-024-08 be received;
THAT the City of Oshawa be advised that the Municipality of Clarington has no
objections to the approval of the proposed Draft Plan of Subdivision (S-0-2008-01)
subject to the conditions contained in Attachment 2 to Report PSD-024-08; and
THAT a copy of Report PSD-024-08 be forwarded to the City of Oshawa Development
Services Department and the Region of Durham Planning Department.
CARRIED
USE OF POPPY SYMBOL ON STREET SIGNS
AMENDMENTS TO THE POLICY FOR WAR DEAD AND WAR VETERAN NAMES
FOR STREETS
Resolution #GPA-203-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSD-025-08 be received;
THAT the Policy for War Dead and War Veteran Names for Streets be amended as
shown on Attachment 1 to Report PSD-025-08; and
THAT all interested parties identified in Report PSD-025-08 be advised of Council's
decision.
CARRIED
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General Purpose and Administration Committee
Minutes
March 17, 2008
NORTHGLEN NEIGHBOURHOOD DESIGN PLAN
Resolution #GPA-204-08
Moved by Councillor Woo, seconded by Councillor Foster
THAT Report PSD-026-08 be received; and
THAT all interested parties listed in Report PSD-026-08 and any delegations be advised
of Council's decision.
CARRIED
2007 ANNUAL REPORT ON APPLICATIONS FOR PLANS OF SUBDIVISION
Resolution #GPA-205-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Report PSD-027-08 be received; and
THAT the Region of Durham Planning Department be forwarded a copy of Report
PSD-027-08 and Council's decision.
CARRIED
AMENDMENT NO. 60 TO THE CLARINGTON OFFICIAL PLAN AND
BROOKHILL SECONDARY PLAN AND URBAN DESIGN GUIDELINES
Resolution #GPA-206-08
Moved by Councillor Foster,seconded by Councillor Woo
THAT Report PSD-028-08 be received;
THAT Amendment No.60 to the Clarington Official Plan as shown on Attachment 4 to
Report PSD-028-08 and as amended, be adopted and the necessary By-law contained
in Attachment 5 to Report PSD-028-08 be passed, and that the Amendment be
forwarded to the Regional Municipality of Durham for approval;
THAT the Regional Municipality of Durham Planning Department be forwarded a copy
of PSD-028-08; and
THAT all interested parties listed in Report PSD-028-08 and any delegations be advised
of Council's decision.
CARRIED AS AMENDED
(SEE FOLLOWING MOTION)
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General Purpose and Administration Committee
Minutes
March 17, 2008
Resolutuon # GPA-207-08
Moved by Councillor Trim, seconded by Councillor Woo
THAT Amendment No. 60 to the Clarington Official Plan, as shown in Attachment 4 to
Report PSD-028-08 be amended by adding Section 6.1.9 as follows: "the Residential
development north of Longworth Avenue extension will have a lower overall density and
the areas adjacent to woodlots will be reserved for larger lot executive housing."
CARRIED
WASTE DIVERSION OPPORTUNITIES IN MULTI-RESIDENTIAL PROJECTS AND
INDUSTRIAL, COMMERCIAL AND INSTITUTIONAL PROJECTS
Resolution #GPA-208-08
Moved by Councillor Hooper, seconded by Mayor Abernethy
THAT Report PSD-029-08 be received;
THAT the Municipality encourage that future multi-residential projects provide for
facilities that could handle three waste streams;
THAT Staff be authorized to consult with multi-residential development proponents in
Clarington on the proposed Site Plan Approval Guidelines for Waste Collection Ares in .
Multi-Residential-Projects i plement-such-Guidelines-subjec-to refinements that
may be made through the consultation process; and
THAT a copy of Report PSD-029-08 be forwarded to the Kawartha Pine Ridge District
School Board and the Peterborough Victoria Northumberland and Clarington Catholic
District School Board for information and consideration in future building projects.
CARRIED
Councillor Foster chaired this portion of the meeting.
Resolution #GPA-209-08
Moved by Councillor Novak, seconded by Councillor Trim
THAT the Committee recess for a 10 minutes.
CARRIED
The meeting resumed at 11:25 a.m.
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General Purpose and Administration Committee
Minutes
March 17, 2008
ENGINEERING SERVICES DEPARTMENT
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR FEBRUARY, 2008
Resolution #GPA-210-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Report EGD-014-08 be received for information.
CARRIED
MEARNS AVENUE AND CONCESSION ROAD #3 RECONSTRUCTION
PUBLIC INFORMATION CENTRE
Resolution #GPA-211-08
Moved by Councillor Woo, seconded by Councillor Novak
THAT Report EGD-015-08 be received; and
THAT all those who attended the Public Information Centre and who have contacted the
Municipality be informed of Report EGD-015-08.
CARRIED
OPERATIONS DEPARTMENT
There were no reports to be considered under this section of the Agenda.
Councillor Woo chaired this portion of the meeting.
EMERGENCY AND FIRE SERVICES DEPARTMENT
MONTHLY RESPONSE REPORT— FEBRUARY 2008
Resolution #GPA-212-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report ESD-004-08 be received for information.
CARRIED
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General Purpose and Administration Committee
Minutes
March 17, 2008
Councillor Robinson chaired this portion of the meeting.
COMMUNITY'SERVICES DEPARTMENT
George Acorn, Manager of Facilities, Community Services provided the Committee with
a brief overview of the activities offered in 2007 by the Community Services
Department. Mr. Acorn reported that the information is based on the data provided from
participation and rentals at all the facilities.
COMMUNITY SERVICES - 2007 YEAR END REVIEW
Resolution #GPA-213-08
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report CSD-003-08 be received for information.
CARRIED
CLERK'S DEPARTMENT
There were no reports to be considered under this section of the Agenda.
Mayor Abernethy Chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
RFP 2007-7, MUNICIPAL BANKING SERVICES
Resolution #GPA-214=08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report COD-014-08 be received;
THAT the contract for Banking Services (excluding payroll), for the Municipality of
Clarington be awarded to the Toronto Dominion Bank;
THAT the contract be awarded for a three (3) year term with an option to renew for an
additional two (2) years;
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General Purpose and Administration Committee
Minutes
March 17, 2008
THAT the By-law attached to Report COD-014-08 marked Schedule "A" authorizing the
Mayor and Clerk to execute an.agreement with the Toronto Dominion Bank be
forwarded to Council for approval; and
THAT the Mayor and Clerk and/or Director of Finance, as appropriate, be authorized to
sign all necessary documentation.
CARRIED
BOWMANVILLE TENNIS CLUB — LEASE RENEWAL
Resoultion #GPA-215-08
Moved by Councillor Trim, seconded by Councillor Foster
THAT Report COD-016-08 be received;
THAT the Manager of Purchasing be authorized to proceed with the formal negotiations
of a new lease agreement with the Bowmanville Tennis Club as set out in Report COD-
016-08, and report back to Council for approval to execute the final agreement; and
THAT a copy of Report COD-016-08 be sent to the Clarington Older Adults Centre
Board and to the Bowmanville Tennis Club.
CARRIED
CL2008-8 DASHER BOARD REPLACEMENT- GARNET B. RICKARD
RECREATION COMPLEX
Resoultion #GPA-216-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report COD-017-08 be received;
THAT Sound Barriers , Mississauga, Ontario with a total bid in the amount of
$175,900.00 (Plus GST), being the lowest responsible, bidder meeting all terms,
conditions and specification of Tender CL2008-8 be awarded the contract for the
Dasher Board Replacement on Pad A of Garnet B. Rickard Recreation Complex as .
required by the Community Services Department;
THAT the additional funds of$25,900.00 be funded from the Community Services
Capital Reserve Fund; and
THAT total funds required be drawn from 2008 Community Services Capital Account
#110-42-421-84214-7401.
CARRIED
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General Purpose and Administration Committee
Minutes
March 17, 2008
PURCHASE OF A PRE-BUILT PUMPER
Resoultion #GPA-217-08
Moved by Councillor Woo, seconded by Councillor Trim
THAT Report COD-018-08 be received;
THAT the requirement for tendering in accordance with By-law 2006-127 be waived for
this transaction;
THAT the Purchasing Manager be authorized to solicit expressions of interest from
known fire truck manufacturers to determine the immediate availability of a new 1250
GPM Pumper; .
THAT the Purchasing Manager be authorized to negotiate a purchase price for a
selected unit;
THAT a report to Council be provided summarizing the results of the Request for the
Expressions of Interest and providing a recommendation for the purchase of the
selected unit; and
THAT should the expression of interest process prove successful in this instance, the
Purchasing Manager amend the Purchasing By-law to include the use of the expression
of interest process for the acquisition of fire fighting vehicles as deemed appropriate.
CARRIED
FINANCE DEPARTMENT
There were no reports to be considered under this section of the Agenda.
CHIEF ADMINISTRATIVE OFFICE
There were no reports to be considered under this section of the Agenda.
UNFINISHED BUSINESS
PRESENTATION —ANGIE DARLISON - CLARINGTON OLDER ADULTS
Resolution #GPA-218-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the presentation of Angie Darlison, Clarington Older Adults Association regarding
the success and challenges of the Association be received with thanks.
CARRIED
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General Purpose and Administration Committee
Minutes
March 17, 2008
DELEGATION — JAISON GIBSON - SOCIAL REFORM PART 2
Resolution #GPA-219-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the delegation of Mr. Jaison Gibson be received with thanks.
CARRIED
OTHER BUSINESS
FUTURE MEETINGS OF DURHAM/YORK WASTE MANAGEMENT GROUP
Resolution # GPA-220-08
Moved by Councillor Foster, seconded by Councillor Novak
WHEREAS the preferred site for the proposed incinerator has been identified as
Clarington 01 in Durham;
WHEREAS the vast majority of the health, the social and the financial impacts of the
proposed incinerator will be borne by the residents of Durham; and
WHEREAS the local Councils of Clarington, Ajax, Oshawa and Pickering, representing
a majority of the population of Durham, have expressed serious concern over the
proposal:
NOW THEREFORE BE IT RESOLVED THAT the Durham/York Joint Waste
Management Group be requested to hold all future meetings in Durham to allow those
citizens most impacted by the proposal better access to information and consultation
with respect to the proposal; and
THAT this resolution be forwarded to the municipalities of Durham Region, the
municipalities of York Region and the Ministry of the Environment.
CARRIED
MILLER WASTE UPDATE
Councillor Novak provided the Committee with an update on the recent odor issue
relating to Miller Waste. Miller Waste reports they suppressed the release as soon as
the issue was raised. To be proactive they have held a Community Liaison meeting,
have established a hotline, and this number will be delivered to area residents by way of
a public notice.
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General Purpose and Administration Committee
Minutes
March 17, 2008
COMMUNICATIONS
There were no matters dealt with under this section of the agenda.
ADJOURNMENT
Resolution #GPA-221-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 12:30 p.m.
CARRIED
MAYOR DEPUTY CLERK
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DRAFT LIST
OF DELEGATIONS
GPA Meeting: March 31, 2008
(a) Jaison Gibson, Regarding Wilmot Creek Art & Tourism Concept— Nature
Park System
(b) Carol Davidson, Regarding Feasibility Study to Turn Total Hockey Space
into a Performing Arts Centre.
(c) Valerie Cranmer, Regarding Report PSD-035-08, Zoning By-law
Amendment Adessa/Impact Auto Auction
(d) Kevin Tunney, Reports PSD-036-08 and PSD-037-08, Regarding
Northglen East and Northglen West Developments
(e) Nick Mensink, Reports PSD-036-08 and PSD-037-08, Regarding
Regarding Northglen East and Northglen West Developments
601
Public Meeting
EGD-011-08
NOTICE OF INTENTION TO PROCEED WITH FUTURE
HIGHWAY CLOSING
AN UNOPEN ROAD ALLOWANCE SITUATED IN LOT 28,
CONCESSION 5 IN THE FORMER TOWNSHIP OF
CLARKE
Take Notice that the General Purpose and Administration
Committee of the Corporation of the Municipality of
Clarington, at the meeting to be held in the Council
Chambers, 40 Temperance Street, Bowmanville, Ontario on
March 31, 2008 at 9:30 a.m. intend to pass a by-law to stop
up and close a portion of an unopen road allowance situated
in Lot 28, Concession 5 in the former Township of Clarke,
now in the Municipality of Clarington.
And Further Take Notice That before passing the said by-
law, the Committee of Council shall hear in person, or by his
Counsel, Solicitor or Agent, any person who claims that his
land will be prejudicially affected by this future by-law and
who applies to be heard.
701
CORPORATION OF THE PUBLIC MEETING
onMUNICIPALITY OF CLARINGTON REPORT # PSD-031-08
NOTICE OF PUBLIC MEETING DAVE MIURA
Q 1s did WjW REVISED .DATE VA69 tna PmvWUWF SdwdWW for N ah IT caMee. =9
DEVELOPMENT APPLICATION BY: DAVE MIURA
AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW
TAKE NOTICE Out ft Council of the Corporation of the I1Aunldpeli. of Clarington will consider a proposed Zoning By-law.
Amendnsnt under.Secdon 34 and 36 of the Planning Act 10K asInended.
APPLICATION DETAILS
The proposed Zoning By-law Amendment submitted by Dave Mhma would remove the Environmental Holding Symbol from
Zoning By-law 2005-1209 and amend Zoning By-law 84.63 to permit the construction of a.single detached dwelling.
The subject property Is located within Part Lot 19, Concession 8,in the former Township of Darlington as' shown on reverse.
The Municipality of Clarington has deemed the above noted application to be a complete subndnkwL
Plann ing File No.: ZBA12008-OWI
PUBLIC MEETING
The Municipality of Claringlon will hold a pubic meeting to provide Interested parties the opportunity to males corrmrsnts,
identity Issues and provide additional Information relative to the proposed development. The public meeting will be held on:
DATE Monday,March 31,2008
TIME: 9:39 a.a L
PLACE: Council Chambers,a Floor,Municipal Adminlstratlw Centre,
40 Temperance.SL,BawmanvMs,Ontario
ANY PERSON may attend the public mssting and/or make written or verbal representation ether in support of or In
opposition b the.proposal. The start time Noted above mAscts the time at which the General Purpose and Administration
Convr tee Meeting commences.
If you cannot attend the Public Meeting on this application you can miles a deputation to Council at their meeting on
Monday, April 7, 2008, comnsndng at 7:00 p.m.. Should you wish to appear before Council, you must register with the
Clerks Department by the Wednesday-noon,April 2,2004,to have your name appear M the Agenda.
COMMENTS OR QUESTIOW
K you whin to be -otillsd of subsequent meetings or the adoption of the proposed Zoning By-law,Zoning By-law
Amendment, or of the refusal of a request to amend the Zoning By4ow,you must make a written request to the Cleric's
DopertmM>t.2114 Floor,40 Temperance Street, Bowmanvills,Ontario L1C 3AG.
Addibionsi::infonrmalion relating to the proposal N 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.ni.) at the Planning Services Dspwtnw L 0 Floor, 40 Ternimgnoe Street, BowmanvMe,
Ontarto LAC 3AS,or by cNWg Tracey Webster at(905)8233379 extension 427 or by e-mail at
APPEAL=
K a person or public body does not nmaks oral submissions at a public meeting or make written submissions t th
o e
Munk oel ty of Clarington Planning Services Department bob m the proposed Zoning By-law or Zrorft.By-law Amendment
Is approved, the person or public body Is not enMW to appeal the decision of Clerkoon Council to the Ontario Municipal
Board.
If a person or public body doss not make, oral submissions at a public meetng or make written submissions to the
Muncipality of Cladngton before the proposed Zoning By-law or Zoning By-law Amendment Is approved, the person or
public body may not be added w a party to the hearing of an appeal before the Ontario Municipal Bond unless, In the
opinion of the Board, them are reasonable grounds to add the person or public body so a party.
Dated at the Municipality of Clarington this 3141 day of March,2008.
= Temperance David Gnome,M.C.I.P.,R.P.P. 40 Temperae Stnset 702
Director of Planning Services Bowmarnville,Ontario
Municipality of Clarinpbon L1C 3AS
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CORPORATION OF THE
cl abdo n MUNICIPALITY OF CLARINGTON PUBLIC MEETING
NOTICE OF PUBLIC MEETING REPORT # PSD-032-08
Leading dw way 829426 ONTARIO INC.
THE KAITLIN GROUP LTD.
DEVELOPMENT APPLICATION BY: 829426 ONTARIO INC.(THE KAITLIN GROUP LTD.)
AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW AND FOR PROPOSED DRAFT PLAN OF SUBDIVISION
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment,
and a Draft Plan of Subdivision under Sections 34 and 51 respectively of the Planning Act,1990,as amended.
APPLICATION DETAILS
The proposed Zoning By-law Amendment and Proposed Draft Plan of Subdivision submitted by 829426 Ontario Inc. (The KaiBin Group
Ltd.)would permit the development of two(2)blocks to accommodate 250 residential apartment units.
The Municipality of Clarington has deemed the above-noted applications to be a complete submission.
The subject property is located on Lot 16, Concession 1,in the former Township of Darlington as shown on reverse.
Planning File Nos.: ZBA 2007-0046 and S-C-2007-0010
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,March 31,2008
TIME: 9:30 a.m.
PLACE: Council Chambers,2nd 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, April 7,
2008, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the
Wednesday noon,April 2,2008,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 Zoning By-
law Amendment and Draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 2"d Floor, 40 Temperance
Street, Bowmanville,Ontario L1 C 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,3'd Floor,40 Temperance Street, Bowmanville, Ontario L1C 3A6,or by calling
Tracey Webster at(905)623-3379 extension 427 or by e-mail at twebster0ciarinoton.net
APPEAL
If a person or public body does not make oral submissions at the public meeting or make written submissions to the Municipality of
Clarington,Planning Services Department,in respect of the proposed plan of subdivision before the approval authority gives or refuses
to give approval to the draft plan of subdivision,the person or public body is not entitled to appeal the decision of the Municipality of
Clarington to the Ontario Municipal Board._
If a person or public body does not make oral submissions at the public meeting or make written submissions to the Municipality of
Clarington,Planning Services Department,in respect of the proposed plan of subdivision before the approval authority gives or refuses
to give approval to the draft plan of subdivision,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 do so.
i
Dated at the Municipality of Clarington this 111i day of February, 2008.
David Cro e,M.C.I.P., R.P.P. 40 Temperance Street 7
Director of Planning Services Bowmanville,Ontario
Municipality of Clarington L1C 3A6
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Leading the Way
CORPORATION OF THE PUBLIC MEETING
MUNICIPALITY OF CLARINGTON REPORT # PSD-033-0;
NOTICE OF PUBLIC MEETING MUNICIPALITY OF
CLARINGTON
PROPOSED STREET NAME CHANGE: Lambert Street, south of Queen Street
Pursuant to Section 27(1) of the Municipal Act, notice is hereby given of a meeting to be held on March
31, 2008, to consider a proposed amendment to By-law 86-112, a by-law governing municipal street
names. The meeting will be held as follows:
DATE: MONDAY, MARCH 31, 2008
TIME: 9:30 a.m.
PLACE: Council Chambers, 2"d Floor, Municipal Administrative Centre,
40 Temperance St, Bowmanville, Ontario
The proposed amendment would change the following street name — Lambert Street, south of
Queen Street, to Mabel Bruce Way. Mabel Bruce was a decorated nursing sister in World War I
serving at or near the front lines. She was the first Superintendent of the Bowmanville Hospital.
Explanations and details of the properties affected may be obtained, during normal office hours,
from the office of the Planning Services Department in the Municipal Administrative Centre or by
calling Bob Russell of the Planning Services Department at 905-623-3379, ext. 341.
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, April 7, 2008, commencing at 7:00 p.m. Should you wish to appear before
Council, you must register with the Municipal Clerk's Department by noon, Wednesday, April 2, 2008
to have your name appear in the Agenda.
Dates of Publication to be two (2) consecutive weeks.
March 19, 2008 March 26, 2008
ADated he Mun ipality of Clarington this 11"' day of March 2008
Fi 5.1.46
a e, C 40 Temperance Street
al Bowmanville, Ontario
Municipality of Clarington L1C 3A6
706
CORPORATION OF THE PUBLIC MEETING
Qa MUNICIPALITY OF CLARINGTON REPORT # PSD-034-08
NOTICE OF PUBLIC MEETING ARNOLD GEISBERGER
@the a y REVISED DATE
'-(m Prermuoy sch.aw.d tor march iT cwNCaieo)
DEVELOPMENT APPUCATION BY: ARNOLD GEISBERGER
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 Act, 1990, as amended.
APPLICATION DETAILS
The proposed Zoning'By4aw Amendment submitted by Arnold Geisberger would prohibit residential uses on vacant
agricultural lands to facilitate the severance of a surplus farm dwelling.
The subject property is located within Part Lots 33, 34 & 35, Concession 6, in the fornw Township of Darlington as shown
on reverse.
The Municipality of Clarington has deemed the above noted application to be a complete submission.
Planning File No.: ZBA2007-0051
Related Planning File Nos.: ROPA2007-0002, COPA2007-0008 &LD0512007
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;March 31,2008
TIME: 9:30 a.m.
PLACE: Council Chambers,2nd Floor,Municipal Administrative Centre,
40 Temperance St., Bowmanville,Ontarlo-
ANY .PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
opposes 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,April 17, 2008, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the
Clerks Deparment by the Wednesday noon,Apr112, 2008,to have your name appear in the Agenda.
COMMENTS OR QUESTIONS?
If you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law, 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 Cleric's
Department, 2nd Floor,40 Temperance Street, Bowmanville, Ontario L1 C 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, 3d Floor, 40 Temperance Street, Bowmenville,
Ontario L1C 3A6, or by calling Tracey Websier at(905)623-3379 extension 427 or by e-mail at twebster bdarinoton.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 or 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.
If a person or public body does not make oral submissions at a public meeting or make written submissions to the
Municipality of Clarington before the proposed Zoning By-law or Zoning By=law Amendment is approved, 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 3r0 day of March, 2008.
6C4����_ �%_
Davld Crome, M.C.I.P., R.P.P. 40 Temperance Street
Director of Planning Services Bowmanville, Ontario 707
Municipality of Clarington L1C 3A6
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lCarin2ton
Leading the Way REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 31, 2008
Report#: PSD-031-08 File #: ZBA 2008-0001 By-law#:
Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A SINGLE
DETACHED DWELLING
APPLICANT: DAVE MIURA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-031-08 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, the
application to amend the Zoning By-law 84-63 and Zoning By-law 2005-109 to permit a
single detached dwelling be APPROVED and that the proposed Zoning By-laws
contained in Attachment 3 and Attachment 4 to this Report be PASSED; and
3. THAT the applicant, Region of Durham, the Municipal Property Assessment
Corporation, all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by. Reviewed by.
David V Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
TW/CP/DJC/df
20 March 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT NO.: PSD-031-08 PAGE 3
2.2 The surrounding uses are as follows:
North — Hamlet Residential
South — Rural Residential
East — Hamlet Residential
West — Rural Residential and Conservation lands
3.0 BACKGROUND
3.1 On January 24, 2008 Dave Miura submitted a Zoning By-law amendment application to
permit the construction of a single detached dwelling. The property is partially located
within the Oak Ridges Moraine. The Municipality of Clarington Oak Ridges Moraine
Zoning By-law 2005-109 adopted by Council permits the proposed use provided an
Environmental Holding symbol is removed. However, By-law 2005-109 is awaiting
approval by the Ministry of Municipal Affairs and Housing, therefore Zoning By-law 84-
63 is also applicable. Zoning By-law 84-63 zones the property Environmental Protection
(EP) and does not permit the proposed use.
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) encourages residential development within
identified settlement areas. The evaluation of the ecological function of natural heritage
features for adjacent development proposals is required. Development can proceed if it
has been demonstrated that there will be no negative impacts.
4.2 Oak Ridges Moraine Conservation Plan
The subject lands are partially within the rural settlement of Enniskillen in the
Countryside Area of the Oak Ridges Moraine Conservation Plan. Residential uses are
permitted provided the applicant demonstrates that the use, erection or location will not
adversely affect the ecological integrity of the area.
The proposed development is within the minimum area of influence for significant
valleylands, significant woodlands and a stream. An application for development within
such area requires the submission of a natural heritage and hydrological evaluation.
The applicant has submitted and Environmental Impact Study (EIS) and subsequent
addendum to meet this requirement.
The proposed dwelling is located in a Category 1 Landform Conservation Area.
Development applications within this area are required to identify planning, design and
construction practices that will keep disturbance to landform character to a minimum.
803
REPORT NO.: PSD-031-08 PAGE 4
4.3 Greenbelt Plan
The southwestern portion of the subject property is within a "Hamlet" of the "Protected
Countryside" Area. Residential development is permitted provided appropriate water
and sewage services are accommodated.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Region Official Plan
The subject property is within a Hamlet designation which is the predominant location
for residential development in rural areas. The site is also within the Oak Ridges
Moraine and Major Open Space Areas of the Greenlands System. Prior to the
consideration of any development proposals in the Greenlands System the applicant
shall provide evidence that the proposal will preserve the ecological benefits and
biodiversity of the Greenlands System.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject property as Hamlet Residential and
Environmental Protection Area. The lands are partially within the boundary of the Oak
Ridges Moraine. The predominant use of lands in the Hamlet Residential designation
is for single detached residential dwellings.
The Natural Environment and Resource Management policies of the Clarington Official
Plan require the submission of a Natural Heritage Evaluation and/or Hydrological
Evaluation for development proposals within the minimum area of influence of any
natural heritage feature or hydrological sensitive feature within the Oak Ridges Moraine.
The study must demonstrate how the specific planning, siting, design or construction
practices for the proposed development would maintain or enhance the ecological
integrity of the Moraine, including the natural heritage, water resources and landform
conservation systems.
6.0 ZONING BY-LAW
6.1 The subject lands are located within the "Residential Hamlet Exception (RH-3)" and
"Environmental Protection (EP)" Zones within Comprehensive Zoning By-law 84-63, as
amended, of the former Town of Newcastle. The proposed dwelling is located entirely
within the "EP" portion of the property.
6.2 Within Zoning By-law 2005-109, for lands within the Oak Ridges Moraine, the subject
lands are within the (RS1) Rural Settlement One Zone with an Environmental Holding
Symbol and the (EP) Environmental Protection Zone. The proposed dwelling is located
within the RS1 zone with the Environmental Holding Symbol.
804
REPORT NO.: PSD-031-08 PAGE 5
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public meeting notice was installed on the property.
7.2 Three general inquiries were received from the public regarding the applicant's
proposal. No issues of concern were identified through these inquiries.
8.0 AGENCY COMMENTS
8.1 Comments have been received from a number of circulated departments and agencies.
8.2 Clarington Building Services, Clarington Engineering Services, Clarington Emergency
and Fire Services and Region of Durham Health Department offered no objections with
the applicant's proposal.
8.3 The Region of Durham Planning Department offered the following comments for
consideration and indicated that the subject site abuts Regional Road No. 3, a Type 'B'
Arterial road in the Durham Regional Official Plan. Upon reviewing the approximate
location of the proposed dwelling on the Regional Road, a noise impact study will not be
required for the proposed development. No road widening is anticipated on Regional
Road No. 3 at this time.
The Region advised that the requirements as set out in the Oak Ridges Moraine
Conservation Plan were adequately addressed by the Scoped EIS and its Addendum.
Development within hamlets is to be individually serviced with private drilled wells and
private sewage disposal systems where groundwater quantity and quality permits, and
in compliance with the standards of.the Region and the Ministry of Environment.
A private water supply system and private waste disposal system is proposed to service
the property. The Regional Health Department has no objection to the proposal.
8.4 The Central Lake Ontario Conservation Authority staff advised that based on the
Environmental Impact Study and Addendum completed by Oakridge Environmental Ltd.
that they have no objection to the approval of this application.
The property is subject to Ontario Regulation 42/06, Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation. A permit is
required for construction activity on the property.
9.0 STAFF COMMENTS
9.1 The applicant submitted an Environmental Impact Study (EIS) prepared by Oakridge
Environmental Ltd. on January 31, 2006. In order to address concerns identified by
staff, the Central Lake Ontario Conservation Authority and the Region of Durham, an
805
REPORT NO.: PSD-031-08 PAGE 6
addendum letter dated March 14, 2008, was provided. The EIS and subsequent
addendum addresses all of the Natural Heritage Evaluation and Hydrological Evaluation
requirements of the Oak Ridges Moraine Conservation Plan, Durham Region Official
Plan and Municipality of Clarington Official Plan.
9.2 The EIS and subsequent addendum made a number of recommendations for the
construction and maintenance of the property including:
• Requirement for a 30 metre vegetation protection zone;
• Materials used in constructing the driveway;
• Timeframe for use of heavy equipment on-site to be completed prior to May 15th or
after July 15t; and
• Restrictions on vehicle storage or stock piling of materials.
9.3 In light of the findings of the EIS it is appropriate to permit the proposed residential use
within a limited area. Due to the topographical and environmental constraints on the
site, the subject property is suited for the construction of one dwelling only. As such the
proposed minimum lot area of 1.9 hectares is proposed. The area zoned for the
residential use also conforms with the Oak Ridges Moraine Plan, which restricts the
developable area of a site to not more that 25 percent of the total area of a site within a
Category 1 — Landform Conservation Area. The balance of the site is proposed to be
zoned Environmental Protection (EP).
9.4 It is the opinion of Staff that EIS recommendations will be implemented by limiting the
area zoned for the residential use. As such it is not necessary to require the applicant
to submit a site plan application to implement the recommendations of the EIS.
9.5 The proposed amendment for Zoning By-law 84-63 also contains an exception to
Section 3.21 b) of the General Provisions which would require a setback of 3 metres to
the Environmental Protection (EP) Zone. The intention of this section is to provide an
additional buffer between sensitive lands and development. However, since the lands
proposed to be zoned EP contain the minimum vegetation protection zone as required
by the Oak Ridges Moraine Conservation Plan, the additional 3 metre buffer is not
necessary.
9.6 Central Lake Ontario Conservation Authority (CLOCA) has recently acquired Valley
Lands in the vicinity of the subject property. Staff confirmed with CLOCA that they will
not be pursuing the dedication of valley lands on the subject property at this time.
10.0 CONCLUSIONS
10.1 The application has been reviewed in consideration of comments received from the
circulated agencies, the policies of the Clarington Official Plan, the Zoning By-law
regulations, and the public. In consideration of the comments contained in this report,
Staff respectfully recommend that the proposed Zoning By-law amendment contained in
Attachments 3 and 4 be passed by Council.
806
REPORT NO.: PSD-031-08 PAGE 7
Attachments:
Attachment 1 — Location Map
Attachment 2 — Environmental Impact Study (Scoped) Proposed Enniskillen Building Site:
Figure 5
Attachment 3 —Zoning By-law Amendment for Zoning By-law 84-63
Attachment 4 —Zoning By-law Amendment for Zoning By-law 2005-109
Interested parties to be notified of Council and Committee's decision:
Dennis Jacobs
David Miura
807
Attachment 1
To Report PSD-031-08
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Attachment 3
To Report PSD-031-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2008-
being a By-law to amend By-law 8463,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 ZBA 2008-0001;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 9.3 "Special Exceptions — Residential Hamlet (RH) Zone" is hereby
amended by introducing a new Subsection 9.3.27 as follows:
"9.3.27 SPECIAL EXCEPTIONS—RESIDENTIAL HAMLET(RH-27)ZONE"
Notwithstanding Section 3.21 a) and Section 9.2 a) those lands zoned
RH-27 as shown on Schedule "A" attached to this By-law shall be
subject to the following zone regulations:
a) Setback from the Environmental
Protection(EP)Zone(minimum) 0 metres
b) Lot Area(minimum) 1.9 hectares
2. Schedule "9" to By-law 84-63, as amended, is hereby further amended by
changing the zone designations from:
"Residential Hamlet (RH) Zone' to "Residential Hamlet Exception (RH-3)Zone";
"Environmental Protection (EP) Zone"to "Residential Hamlet Exception (RH-27)
Zone"and"Environmental Protection(EP)Zone"
as illustrated on the attached Schedule"A'hereto.
3. Schedule'A"attached hereto shall form a part of this 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 Act.
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk 810
This is Schedule "A" to By-law 2008-
passed this day of , 2008 A.D.
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Jim Abemethy, Mayor ® Zoning Change From "EP"To "RH-27"
® Zoning Change From "RH-3" To "RH-27"
Patti L. Barrie, Municipal Clerk
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Attachment 4
To Report PSD-031-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2008-
being a By-law to amend By-law 2005-109, of the Corporation of the Municipality
of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 2005-109, as amended, of the Corporation of the
Municipality of Clarington for ZBA 2008-0001;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 8.4.1 "RS1 Exception Zones"is hereby amended by introducing a new
Subsection 8.4.1.2 as follows:
8.4.1.2 RS1-2
a. Permitted Uses:
i)All RS1-1 zone uses
b. Regulations:
i) Lot area 1.9 hectares
c. Except as amended herein, all other provisions of this By-law, as
amended, shall apply.
2. Map E10 to By-law 2005-109, as amended, is hereby further amended changing
the zone designation from "Rural Settlement (RS1) Zone" subject to
"Environmental Holding Symbol" and "Environmental Protection (EP) Zone" to
"Rural Settlement One (RS1) Zone" and "Environmental Protection (EP) Zone",
as illustrated on the attached Schedule"A"hereto.
3. Schedule"A"attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk 812
This is Schedule "A" to By-law 2008-
passed this day of 2008 A.D.
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Jim Abernethy, mayor ® Zoning Change From "EP"To "RH-27"
®Patti L Barrie, Municipal Clerk Zoning Change From "RH-3" To "RH-27"
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Leading the R'ay REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 31, 2008
Report #: PSD-032-08 File #: ZBA2007-0046 By-law#:
and S-C-2007-0010
Subject: APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW
AMENDMENT
APPLICANT: 829426 ONTARIO INC. (The Kaitlin Group)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-032-08 be received;
2. THAT the applications for a proposed Plan of Subdivision and amendment to the Zoning
By-law, submitted by 829426 Ontario Inc. (The Kaitlin Group) to permit the development
of two blocks for 250 residential condominium apartment units continue to be processed
including the preparation of a subsequent report; and
3. THAT the applicant, Region of Durham, all interested parties listed in this report and any
delegations.be advised of Council's decision.
Submitted b Reviewed b : "''"��`
Y Y
David V. Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
TW/CP/DJC/df
20 March 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
814
REPORT NO.: PSD-032-08 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: 829426 Ontario Inc. (The Kaitlin Group)
1.2 Proposed Draft Approved Plan of Subdivision:
The proposed Draft Plan of Subdivision includes two blocks for 250
residential condominium apartment units.
1.3 Rezoning: To change the current zoning to permit the development of the
proposed Draft Plan of Subdivision.
1.4 Site Area: 1.63 hectares
2.0 LOCATION
2.1 The subject lands are at the southern extension of Clarington Boulevard, north of the
Canadian Pacific Railway corridor (Attachment 1).
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The subject site is currently vacant. The lands abut the CPR line and slope gently from
north to south.
3.2 Surrounding Uses
North — Vacant parkland and existing commercial
South — CPR line and high density residential
East — High density residential
West — Vacant lands designated for medium density residential
4.0 BACKGROUND
4.1 On September 25, 2007, the applicant submitted applications to amend the Zoning By-
law and the proposed Plan of Subdivision. The applications were deemed complete on
February 1, 2008. The submission included a Noise and Vibration Study, Stormwater
Implementation Report, and completion of the Site Screening Questionnaire.
5.0 PROVINCIAL POLICY
5.1 Provincial Policy Statement
The applications are consistent with the Housing policies of the 2005 Provincial Policy
Statement (PPS). Planning authorities are required to provide for a range of housing
types and densities with a ten year supply of lands which are designated, and a three
year supply of zoned and serviced lands within draft approved and registered plans.
New housing is to be directed to locations where infrastructure and public services are
available.
815
REPORT NO.: PSD-032-08 PAGE 3
5.2 Provincial Growth Plan
The Provincial Growth Plan directs growth to built-up areas where the capacity exists to
best accommodate the expected population. The guiding principles include building
compact, vibrant and complete communities while optimizing the use of existing and
new infrastructure to support growth in a compact efficient form.
Densities which efficiently use land, resources, infrastructure and public service
facilities, and support the use of alternative transportation modes and public transit in
areas where it exists or is to be developed is promoted.
Greenfield areas are required to achieve a minimum density target not less than 50
residents and jobs combined per hectare. This proposal has a population projection of
450 residents or 276 persons per hectare. The applicant's proposal is consistent with
the Provincial Growth Plan.
6.0 OFFICIAL PLAN POLICIES
6.1 Durham Region Official Plan
The lands are within the Regional Centre designation of the Durham Regional Official
Plan. Regional Centres act as the main concentration for urban activities, providing
community, office, service, shopping, recreational and residential uses. They shall
function as places of symbolic and physical interest for residents and provide identity to
the area where they are located.
6.2 Clarington Official Plan
The subject lands are designated Mid Rise High Density Residential within the
Bowmanville West Town Centre Secondary Plan. Apartment Buildings up to twelve
stories in height are permitted with a density between 50 and 300 units per net hectare.
Development proposals must comply with urban design standards, energy conservation
policies and the Municipality's Amenity Guidelines for Medium and High Density
Residences.
Clarington Boulevard is designated as a Collector Road and is intended to extend to
Green Road. Collector Roads are designed to move moderate volumes of traffic over
short distances by collecting and distributing traffic among local roads, collector roads,
arterial roads and major traffic generators.
7.0 ZONING BY-LAW
7.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned
"Agricultural (A)". A Zoning By-law amendment will be required in order for development
to proceed.
816
REPORT NO.: PSD-032-08 PAGE 4
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site.
Public Meeting signs were installed on the property along the Clarington Boulevard
frontage.
9.0 AGENCY COMMENTS
9.1 Comments have been received from a number of circulated departments and agencies.
9.2 Clarington Fire and Emergency Services, Enbridge Gas Distribution, Rogers Cable and
Hydro One offered no concerns or objections to the proposal. Bell Canada offered no
objections to the proposal and asked that standard conditions be included in the
conditions of draft approval.
9.3 The Kawartha Pine Ridge District School Board anticipate the proposed application will
generate approximately 21 elementary students within the boundaries of Dr. Ross Tilley
Public School and 4 secondary students within the boundaries of Clarington Central
School. The Board has no objections to this application.
9.4 The Central Lake Ontario Conservation Authority indicated that the lands are located
within the Westside Creek Watershed and any stormwater management requirements
would therefore need to conform to the West Side Creek Master Drainage Plan and
approved addendums. Authority staff advise that the proposed servicing scheme is
generally in conformity with the original plan for the entire area, as outlined within the
Master Drainage Plan. Typical conditions were requested for inclusion in the conditions
of draft approval.
10.0 STAFF COMMENTS
10.1 Although not directly related to the proposed draft plan of subdivision, staff has
identified a number of concerns with the proposed concept plan (Attachment 2). Some
of these items will need to be resolved in order to formulate the appropriate zoning
regulations, while others will need to be addressed .through the submission of the
related Site Plan applications. The applicant was advised of the following concerns at a
preconsultation meeting for the proposed Site Plan application on March 12, 2008:
• The proposed outdoor amenity area is deficient in size and is located in an area that
would be impacted by noise. The Amenity Guidelines for Medium and High Density
Residences requires 4.0 m2 per dwelling unit where only 2.0 m2 per unit was
provided. In addition, the location of the amenity area, adjacent to the railway is an
issue, in terms of the measures required to mitigate noise.
• Staff will examine the proposed front yard setback to ensure conformity with Section
13.4.1 of the Bowmahville West Town Centre Secondary Plan. The secondary plan
requires building design to maintain a pedestrian scale. The applicant's architect
indicates that the front yard setback will be varied and a podium design
incorporated.
817
REPORT NO.: PSD-032-08 PAGE 5
• The parking area fronting onto Clarington Boulevard must meet the intent of the
Urban Design policies of the Bowmanville West Town Centre Secondary Plan. If the
ability to relocate this parking area does not exist, it must be adequately screened
from Clarington Boulevard.
• Provision for internal pedestrian walkways which will extend to the sidewalks to link
to adjoining residential and commercial areas.
10.2. In addition to the above the applicant is required to submit the following studies and
reports as part of the Site Plan application:
■ An Urban Design Master Plan for the site and the remaining vacant residential lands
in the Bowmanville West Town Centre Secondary Plan. This plan will illustrate the
urban design principles and policies set out in Section 13.4 of the Secondary Plan.
The plan should encompass and will not be limited to the following:
Demonstrating building density, massing, separation, height, and street relation.
Illustrating significant view opportunities to parks, focal points and landmarks and
the connectivity between open spaces and different land uses.
Visualizing streetscape and pedestrian interfaces (human scale) and the
interface at the edge of the neighbourhood and entrances and exits to the
neighbourhood.
The Urban Design Master Plan should be illustrated by graphic illustrations and a 3-D
digital model. A report should accompany the plan indicating how the policies of the
Official Plan and Bowmanville West Town Centre Secondary Plan are met.
• Streetscape details including revised cross sections for Clarington Boulevard south
of Prince William Boulevard in accordance with the Bowmanville West Town Centre
Streetscape Implementation Plan are required. Contributions will be required for the
implementation of the Streetscape features.
• A shadow and wind study are required to assist with the zoning provisions, siting of
buildings and urban design.
• Written submission indicating how the objectives of section 17.4.2 of the
Bowmanville West Town Centre Secondary Plan are achieved must be submitted.
10.3 Although the site layout will be subject to site plan approval, it would be advisable to
refine the Concept Plan at this stage so that the appropriate zoning regulations can be
formulated. Staff will continue to work with the applicant to address the above issues as
well as agency comments.
818
REPORT NO.: PSD-032-08 PAGE 6
11.0 CONCLUSIONS
11.1 The purpose of this report is to satisfy the Public Meeting requirements under the
Planning Act and taking into consideration the outstanding comments, staff respectfully
request that this report be received and for staff to continue processing the application
including the preparation of a subsequent report upon resolution of the identified issues.
Attachments:
Attachment 1 - Location Map
Attachment 2 - Concept Plan
819
Attachment 1
To Report PSD-032-08
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Leading the way aton REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 31, 2008
Report#: PSD-033-08 File #: PLN 25.1.46 By-law#:
Subject: RECOMMENDED STREET NAME CHANGE FOR LAMBERT STREET, SOUTH
OF QUEEN STREET
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-033-08 be received;
2. THAT provided there is no significant issues raised at the public meeting, the by-law to
amend By-law 86-112, being the Street Name Map and Street Name Inventory, as
contained in Attachment 2, be APPROVED;
3. THAT a copy of this Report and Council's decision be forwarded to the Durham
Regional Police and the Region of Durham Planning Department; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by
Da d J.terome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
BR/CP/DJC/df
20 March 2008
CORPORATION OF'THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
822
REPORT NO.: PSD-033-08 PAGE 2
1.0 BACKGROUND
1.1 Mabel Emma Bruce was a highly decorated Nursing Sister during World War One, the
first Superintendent of Bowmanville Hospital, and the founder of the first training school
for nurses at Bowmanville Hospital. Her contribution is deserving of recognition.
1.2 Council, at their Meeting of March 3, 2008, passed a resolution authorizing staff to
process, with newspaper advertising the renaming of Lambert Street, south of Queen
Street, to Mabel Bruce Way, and waive the fee for the Street Name Change request.
1.3 The above proposed name change was subsequently advertised. The completion date
for the advertisements within the local newspaper was March 26, 2008. No objections
or comments have been received as of the writing of this report in response to the
published notice.
1.4 Provided that there are no objections raised at the public meeting, it is recommended
that the street name change be approved. The renaming will affect one address — 11
Lambert Street. This is the address for the nursing building.
1.5 The implementation will proceed with the following transition process:
• The effective date is June 1, 2008; and
• The Municipality will advise 43 agencies and departments of the proposed street
name and address change.
2.0 CONCLUSION
2.1 It is respectfully recommended that the attached amending by-law be APPROVED.
Attachments:
Attachment 1 - Key Map for the Street Name Change
Attachment 2 - Amending By-law
List of interested parties to be advised of Council's decision:
Leigh Winn-Kruck
Connie Kelly
Bev Oda
John O'Toole
June Clark
Jill Haskins
John Greenfield
Sue Sartain
A.L. Georgieff
823
Attachment 1
To Report PSD-033-08
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Attachment 2
To Report PSD-033-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to amend By-law 86-112,a by-law to establish a Street Name
Map and Street Name Inventory in the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
expedient to amend the Street Name Map and Street Name Inventory for roads in the
Municipality of Clarington;
AND WHEREAS such a Street Name Map and Street Name Inventory establishes an
official name for all improved roads and those unimproved roads with summer
maintenance only for the Municipality of Clarington;
NOW THEREFORE BE IT ENACTED as by-law for the Municipality of Clarington as
follows:
1. Schedule "A" the Street Name Map, and Schedule "B" the Street Name
Inventory, be amended to change the name of:
"Lambert Street"south of Queen Street to"Mabel Bruce Way".
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
825
lCarinaton Leading the way REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Monday, March 31, 2008
Report#: PSD-034-08 File No.: ZBA 2007-0051 By-law#:
Subject: PROPOSED ZONING BY-LAW AMENDMENT TO FACILITATE THE
SEVERANCE OF A SURPLUS FARM DWELLING
APPLICANT: ARNOLD GEISBERGER
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-034-08 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, the rezoning
application submitted by Arnold Geisberger be APPROVED and that the proposed
Zoning By-law contained in Attachment 2 to this Report be PASSED; and
3. THAT the applicant, Region of Durham, Municipal Properties Assessment Corporation,
all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by: Reviewed by:
David romEf, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
TW/CP/DJC/df
25 March 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
826
REPORT NO.: PSD-034-08 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Arnold Geisberger
1.2 Proposal: The applicant proposes an amendment to Zoning By-law 84-63 to restrict
residential uses on vacant agricultural retained lands. This will facilitate
the severance of a surplus farm dwelling as a result of the acquisition of a
non-abutting farm property.
1.3 Site Area: 154 hectares.
1.4 Location: Part Lots 33, 34 & 35, Concession 6, former Township of Darlington, 6342
and 6493 Leask Road, Clarington.
2.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
2.1 The lands subject to the application are comprised of the Ryeland Farms "home farm",
located on the east side of Leask Road north of Concession 6 and the recently acquired
farm parcel directly to the west. The proposed surplus farm dwelling is located in the
south-west corner of the "home farm". The lands are used for grain production, grain
drying and until recently for dairy farming.
2.2 The surrounding uses are as follows:
North - Agricultural
South - Agricultural, Rural Residential
East - Agricultural
West - Agricultural, Rural Residential
3.0 BACKGROUND
3.1 On December 10, 2007, Arnold Geisberger submitted an application to amend Zoning
By-law 84-63 to facilitate the severance of a dwelling deemed surplus as a result of the
acquisition of a non-abutting farm property. The application responded to the approval
of the related Clarington Official Plan amendment application COPA 2007-0008
approved by Council on November 12, 2007. The approval of the amendment required
the applicant to rezone the subject lands as a condition of land division to prohibit
residential uses on the retained parcel and recently acquired farm parcel.
3.2 The applicant received approval to amend the Region of Durham Official Plan on
December 12, 2007. This amendment was also required to permit the Land Division
application for the surplus farm dwelling.
827
REPORT NO.: PSD-034-08 PAGE 3
3.3 The Land Division application was heard at the Land Division Committee meeting on
February 19, 2008. Staff recommended approval of the application subject to
successfully obtaining a Zoning By-law amendment for the vacant retained parcels to
ensure new dwellings are prohibited.
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
Lot creation in prime agricultural areas is permitted for the purpose of severing a
residence surplus to a farming operation as a result of farm consolidation. The local
planning authority must ensure that new residential dwellings are prohibited on any
vacant remnant parcel of farmland created by the severance. The proposed zoning by-
law amendment would ensure the proposed severance is in conformity with the
Provincial Policy Statement.
4.2 Greenbelt Plan
Within prime agricultural areas, lot creation is permitted for the severance of a residence
surplus to a farming operation as a result of a farm consolidation, where the residence
was an existing use as of the February 28, 2005. The local planning authority shall
ensure that a residential dwelling is not permitted in perpetuity on the retained lot of
farmland created by this severance. The application would appear to conform.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Region Official Plan
The Durham Region Official Plan designates the property as `Prime Agricultural Areas".
This designation permits the severance of a surplus dwelling, provided the following
criteria are met:
• The dwelling is not needed for a farm employee;
• The farm parcel to be acquired is of a size, which is viable for farming operations;
• Within the Protected Countryside of the Greenbelt Plan Area, the dwelling was in
existence as of December 16, 2004; and,
• The farm parcel to be acquired is zoned to prohibit any further severances and the
establishment of any residential dwelling.
An amendment to the Durham Region Official Plan has been considered and approved.
5.2 Clarington Official Plan
Within the Clarington Official Plan the subject lands are designated "Prime Agricultural
Area", "Environmental Protection Area", and "Green Space" for the future Highway 407
proposed route. The Prime Agricultural designation permits the severance of a surplus
828
REPORT NO.: PSD-034-08 PAGE 4
dwelling as a result of the consolidation of non-abutting farms by amendment to the
Clarington Official Plan subject to conditions.
An amendment to the Clarington Official Plan has been considered and approved. Said
amendment requires a rezoning of the lands to prohibit future residential uses.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-Law 84-63, as amended, of the former Town of
Newcastle, the subject lands are located within the "Agricultural Exception (A-1) Zone"
and "Environmental Protection (EP) Zone". The majority of the property is zoned "A-1"
with the "EP" portion being located approximately 110 metres to the east of the
proposed surplus dwelling lot. The proposed lot is required to be a minimum of 4000 m2
in area and have a minimum of 30 metres of frontage. The lot appears to comply with
these regulations.
6.2 In order to fulfill the requirements of the Provincial Policy Statement, Greenbelt Plan, the
Durham Region Official Plan and the Clarington Official Plan for the severance of a
surplus farm dwelling, the applicant must rezone the subject lands to prohibit residential
uses on the retained and recently acquired farm parcels.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public meeting notice was installed on the property. As of the writing of
this report, no comments or concerns from neighbouring land owners has been
received.
8.0 AGENCY COMMENTS
8.1 The Region of Durham indicated that the lands are designated "Permanent Agricultural
Reserve" in the 1993 Durham Regional Official Plan. The Region's updated Official
Plan, as adopted by Regional Council on September 13, 2006, and approved by the
Ontario Municipal Board on January 3, 2008, designates the subject lands as "Prime
Agricultural Area".
Severance of a surplus dwelling from the consolidation of a non-abutting farm may be
permitted by amendment to the Regional Official Plan. On December 12, 2008,
Regional Council Adopted Amendment No. 122 to the Durham Regional Official Plan to
permit the severance of the surplus dwelling.
Policy 9A.2.10 of the updated Regional Official Plan indicates that the farm parcel to be
acquired by the severance of a surplus farm dwelling be zoned to prohibit any further
severances and the establishment of any residential dwelling. The proposed zoning
amendment is appropriate and permitted by the policies of the Regional Official Plan.
829
REPORT NO.: PSD-034-08 PAGE 5
The subject lands are within the Agricultural System of the Protected Countryside in the
Greenbelt Plan. Section 4.6.3 of the Plan and section 2.3.4.1 of the Provincial Policy
Statement permit the severance of a residence surplus to a farming operation as a
result of farm consolidation provided the retained lands are rezoned to prohibit the
development of any future residential uses.
Municipal water supply and sanitary sewers are not available to the subject lands nor
does the Region have any plans to extend said service to this area.
As the nature of the application is to prohibit future residential uses, the Health
Department have no objections to its approval.
9.0 STAFF COMMENTS
9.1 The severed parcel will meet the minimum requirement of 30 metres for lot frontage on
an open, maintained public road with approximately 115 metres of frontage on Leask
Road.
9.2 The retained parcels will be approximately 119 ha in area on the east side of Leask
Road and 35 ha on the west side of Leask Road. The retained parcels have adequate
frontage on Leask Road, Concession Road 7, or Concession Road 6.
9.3 The proposed lot is 0.88 ha in area; this is larger than the 0.6 ha maximum stated in the
Official Plan. However, given the location of the existing well, the existing septic, and
the layout of the buildings, structures and mature trees on the property, the proposed
property line is in keeping with the physical layout of the property. No currently farmed
land or barns will be included on the severed parcel. Staff accepts the proposed lot as
generally being consistent with the 0.6 ha recommended in the Official Plan. The Plan
provides for the interpretation of numeric figures as being approximate and allows for
minor variations.
9.4 A new route for Highway 407 was released in June 2007. Although this proposed route
transects the applicants holdings, it is located a considerable distance to the north of the
proposed severed lands.
9.5 A site inspection indicated an asphalt tennis court (currently a hockey rink) will straddle
the proposed north property line of the severed lot. This tennis court will need to be
removed in its entirety prior to the finalization of the land division.
9.6 The approval of the Clarington Official Plan Amendment application required the
applicant to agree to restrict access to the retained vacant agricultural parcels for
agricultural uses only; and to rezone the vacant retained lands to prohibit new
residential uses. A 0.3 m reserve will be required to be dedicated to the Municipality to
restrict access to the retained vacant lands through the approval of the related Land
Division application.
830
REPORT NO.: PSD-034-08 PAGE 6
10.0 CONCLUSIONS
10.1 The application has been reviewed in consideration of comments received from the
circulated agencies, the policies of the Clarington Official Plan, the Zoning By-law
regulations, and the public. In consideration of the comments contained in this report,
Staff respectfully recommends that the proposed Zoning By-law amendment contained
in Attachment 2 be passed by Council. Since the severance of the lot was previously
considered through applications to amend the Durham and Clarington Official Plans, it
is recommended that the Zoning By-law Amendment be APPROVED at this time.
Attachments:
Attachment 1 - Location Map
Attachment 2 - Proposed By-law Amendment
831
To Report PSD-034-08
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Attachment:
To Report PSD-034-0
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2008-
being a By-law to amend. By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of4he Municipality of
Clarington for ZBA 2007-0051;
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 (A) ZONE" is hereby
amended by adding thereto the following new Special Exception 6.4.81 as
follows:
"SECTION 6.4.81 AGRICULTURAL EXCEPTION (A-81)ZONE
Notwithstanding Section 6.1, the lands zoned A-81 on the Schedules to this By-
law may only be used for the Non-Residential Uses set out in Section 6.4.1 b)."
2. Schedule"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 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
833
This is Schedule "A" to By-law 2008- ,
passed this day of . 2008 A.D.
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Jim Abernethy, Mayor
Zoning Change To Remain "A-1"
Patti L Barrie, Municipal Clerk Zoning Change To Remain "EP"
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Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 31, 2008
Report#: PSD-035-08 File#: COPA 2007-0007 By-law#:
ZBA 2007-0026
Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-
LAW TO PERMIT AN INCREASE IN OUTDOOR STORAGE FOR AN INDUSTRIAL
(AUTO AUCTION) USE
APPLICANT: IMPACT AUTO AUCTIONS LTD.
RECOMMENDATIONS:
That subject to Impact Auto Auction Ltd. and Christi View Farms Ltd. executing an agreement
containing terms satisfactory to the Municipality's Solicitor and the Director of Planning and depositing
the necessary security by 4:00 p.m. on April 7, 2008, it is respectfully recommended that the General
Purpose and Administration Committee recommend to Council the following:
1. THAT Report PSD-035-08 be received;
2. THAT Amendment No. 61 to the Clarington Official Plan be approved as shown in Attachment 3
to permit an increase in outdoor storage from 50% to 70% as proposed by the application
submitted by Impact Auto Auctions Ltd., and that the necessary adopting By-law (Attachment 4)
be PASSED;
3. THAT the application to amend the Zoning By-law 84-63 submitted by Impact Auto Auctions Ltd.
be APPROVED and that the amending By-law contained in Attachment 5 be PASSED;
4. THAT the Mayor and Clerk be authorized by by-law to execute the Option Agreement between
Impact Auto Auctions Ltd. and the Municipality of Clarington substantially in the form as
contained in Attachment 6;
5. THAT a copy of Report PSD-035-08, Official Plan Amendment No. 61, and Amending Zoning
By-law be forwarded to the Durham Region Planning Department and Municipal Property
Assessment Corporation; and
6. THAT the Region of Durham, the applicant and all interested parties listed in this report and any
delegations be advised of Council's decision and be forwarded the Notice of Adoption.
Submitted by: Reviewed by:
d . e�
David . Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
SA/CP/DJC/df/sn
26 March 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830
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REPORT NO: PSD-035-08 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Adesa/Impact Auction Canada Corp. and Impact Auto Auctions Ltd.
. (Impact Auto Auctions)
1.2 Owner: Christi View Farms Ltd.
1.3 Official Plan Amendment:
To permit the development of a motor vehicle re-marketing, auction
and logistics facility, by increasing the amount of outdoor storage
permitted from 50% to 70% on a 19.1 hectare parcel of land.
1.4 Zoning By-law Amendment:
To rezone from "Agricultural (A)" to an appropriate zone.to permit
the proposed development.
1.5 Site Area: 19.1 hectares (47.2 acres).
1.6 Location: The subject lands are located south of Bloor Street, on the west
side of Trulls Road at 1550 Trulls Road in Courtice. The property is
contained within Part Lot 31, Concession 1, former Township of
Darlington.
2.0 BACKGROUND
2.1 On May 4, 2007, Impact Auto Auctions submitted applications to the Municipality of
Clarington for the development of a motor vehicle re-marketing, auction and logistics
facility. As part of the proposed development they require extensive outdoor storage
of the motor vehicles and thus have requested an amendment to the policies of the
General Industrial Area designation to increase the outdoor storage permitted from
50% to 70% of a 19 ha property.
2.2 The following studies were submitted for review with the application: a
Hydrogeological Study, Geotechnical Investigation, Environmental Site Assessment,
Functional Servicing Report, Transportation Impact Assessment and a Planning
Analysis. The studies submitted will be reviewed in Section 7 of this report.
2.3 An Environmental Impact Study (EIS) was conducted by the Municipality's consultant
during 2007. The EIS examined the impacts of this proposed development on the
Robinson Creek headwater area, vegetation on site, fish and fish habitat, wildlife
corridors, and any other sensitive and significant features identified during the course
of the study. The results of the study will be reviewed in Section 7 of this report.
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REPORT NO.: PSD-035-08 PAGE 3
3.0 SITE CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is currently used for agriculture and there is a barn and several
agricultural outbuildings on the property. The agricultural buildings are all vacant at
this time and are proposed to be removed during development of the site. The
property limits are defined by hedge rows on the north, west and south sides. A
tributary of the Robinson Creek is located in the south-western portion of the property.
The property generally slopes from the north to the south and west.
2005 Ortho Photo of 1550 Trulls Road
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3.2 Surrounding Uses:
North: Agriculture
South: Agriculture
East: Trulls Road and four existing single detached dwellings
West: Agriculture
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
Provincial Policy regarding employment areas states that municipalities shall plan for,
protect and preserve employment areas for current and future uses. The applicant is
seeking to develop an industrial use on lands designated for industrial uses and thus
conforms to the Provincial Policy Statement.
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REPORT NO.: PSD-035-08 PAGE 4
4.2 Provincial Growth Plan
The Growth Plan states that municipalities shall promote and provide for economic
development by providing for employment uses. Greenfield development shall plan
for an ultimate minimum density target of not less than 50 residents and jobs
combined per hectare. The proposed use will provide considerably less than 50
residents and jobs per hectare on the Impact Auto Auction site.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the lands "Employment Areas". Lands
designated Employment Areas permit the development of manufacturing, assembly
and processing of goods, service industries, research and development facilities,
warehousing, business parks, limited personal service uses, hotels, storage of goods
and materials, retail warehouses, freight transfer and transportation facilities. The
goal of Employment Areas is to increase job opportunities in the Region.
5.2 Clarin4ton Official Plan
The Clarington Official Plan designates the lands "General Industrial Area" and
"Environmental Protection Area". The General Industrial policies allow for
development of heavier industrial uses such as manufacturing, assembling,
processing, fabricating, refining, warehousing, storage and repair, and servicing
operation. Outside storage is permitted to a maximum of 50% of the site area, with a
maximum height of 5 metres. It shall be properly screened and shall generally be
located at the rear of the property. The applicant is requesting 70% outside storage
to be spread over the 19.1 ha, thus the official plan amendment has been submitted.
The Environmental Protection Area (EPA) generally follows the tributary of the
Robinson Creek located in the southwest portion of the property. It also includes a
portion of swale area that feeds the tributary. Development is not permitted in the
"EPA" designation and an Environmental Impact Study was required prior to any
development approvals.
The site fronts on Trulls Road, which is designated a Type 'C' Arterial road. Access
to Type 'C' Arterial roads in an urban Employment Area is to be limited to one access
every 30 metres. The application is proposing two accesses on Trulls Road in excess
of 30 metres apart.
The Official Plan identifies future Collector Roads, an east-west collector road
bisecting the property at the northern end, and a north-south collector road along the
south-western property boundary. The applicant has made provision for the future
east/west collector road in their site plan application by indicating a 100 metre wide
swath of land, on part of which, will be located the future east/west collector road.
Further discussion of the provision of the collector roads is contained in Section 10.
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REPORT NO.: PSD-035-08 PAGE 5
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63, as amended, zones the subject lands "Agricultural (A) Zone".
The applicant has applied to rezone the property into conformity with the proposed
Official Plan Amendment and specific to their proposed use. The recommendations of
the report support a.rezoning to implement the proposed use.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 Hydrogeological Study, Terraprobe Limited, April 2007
This study identified the existing groundwater levels, groundwater recharge and
discharge zones, flow of water from the site to nearby water courses, and
requirements and design measures to be used to maintain the groundwater function
of the site during and post development. A small tributary to the Robinson Creek was
identified; however the soils identified on site have a low permeability and provide a
limited amount of baseflow to this creek. The water table is generally within 1.5
metres of the surface. The average nitrate values varied across the site, but the
average nitrate concentration does not exceed 6.8 mg/L, which is below the Ontario
Drinking Water Standard (ODWS) of 10 mg/L. The levels are expected to drop over
time once the property is no longer fertilized for crops. Site design is recommended
to use a central stormwater pond fed by overland flow, ditching and trenching at
gentle slopes to allow for infiltration of stormwater. Any backfilling should use
materials similar to those excavated to ensure soil permeability remains similar. This
study has been reviewed by Central Lake Ontario Conservation and they find the
study and results satisfactory.
7.2 Geotechnical Investigation Terraprobe Limited, April 2007
The field investigation for this study consisted of drilling seventeen (17) boreholes on
site, a review of water well records within a 1 km radius and a review of literature and
mapping of soil and geological formations. The study finds that the building pads,
parking and storage areas will need to be leveled and site graded. The other areas,
parking, sales, storage, drop zone etc. will require grading for stormwater control
purposes. The proposed pond, in its current location, will require additional materials
for lining the pond, either synthetic or specific earth fill materials. There are no
impediments found on-site that would prevent the establishment of the proposed
facility on site.
7.3 Environmental Site Assessment Terraprobe Limited December 2006
The Environmental Site Assessment showed that this property has been used for
agricultural purposes; a small family farm dating back to 1954. The surrounding area
is also rural residential and agricultural in nature, with an automotive recycler (Dom's)
located south-west of the subject property. There are no issues of environmental
concern identified through this study which included a detailed inspection of the
property and interviews with persons with knowledge of the use of the property.
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REPORT NO.: PSD-035-08 PAGE 6
7.4 Functional Servicing Report, Skira & Associates Ltd., May 2007
The proposed servicing for this site is regional municipal water service and septic
system. Stormwater will be conveyed by storm sewers and a system of drainage
trenches, swales and ditches to a stormwater pond. The stormwater pond is for both
water quality and water quantity. As the land slopes both south and west, the pond is
proposed to be located at a low point on the property along the western property
boundary. This report has been reviewed by both Clarington Engineering and Central
Lake Ontario Conservation for the stormwater component. They both found it
satisfactory. Regional Works has no objection or concerns with the proposed septic
system or connection to the regional water system.
7.5 Transportation Impact Assessment, UMA Engineering Limited, April 2007
The traffic study indicates that Trulls Road will operate at acceptable levels of service
to the year 2013 providing the following is incorporated in the development of the site:
i) there shall be separate outbound left and right turn lanes from the site, in
addition to an entrance lane; and
ii) an exclusive northbound left turn lane on Trulls Road for access to the site.
The study states that exclusive turn lanes will not be required at the secondary
access from Trulls Road and that signal warrants are not satisfied at either the
Bloor/Trulls intersection or the Baseline/Trulls intersection.
7.6 Planninq Analysis, Valerie Cranmer & Associates Inc., April 2007
The Planning Analysis concluded that although there are some aspects of the
applications that do not meet every Provincial policy, these policies are broad based
and are not meant to apply to every development proposal. Given that the area is not
extensively industrially developed, and given the nature of the proposed
development, further intensification in the future is not precluded. The Planning
Analysis suggested that the application is consistent with the Provincial Policy
Statement, that it conforms with the Growth Plan, the Regional Official Plan, and the
general intent and requirements of the Clarington Official Plan.
Clarington Planning Staff have reviewed this report and find that although the general
intent and purpose of the General Industrial Area designation is met, with the
exception of the amount of outside storage, there are other Growth Plan policies not
addressed. These are discussed in Section 10, Comments.
7.7 Environmental Impact Study, Niblett Environmental Associates Inc.
In accordance with the policies of the Clarington Official Plan and Council an
Environmental Impact Study (EIS) was conducted on behalf of the Municipality of
Clarington by Niblett Environmental Associates Inc. during the fall of 2007. The study
840
REPORT NO.: PSD-035-08 PAGE 7
was undertaken to identify any significant features and the extent of related
constraints such as hazard areas, to examine a tributary of the Robinson Creek that
traverses the property, to review all natural heritage issues associated with the
property, including any woodlands. The EIS also identified cumulative impacts and
recommended mitigation measures. The Environmental Impact Study found no
significant species, nor rare vegetation community types in the subject study area.
The study recommended the tributary of the Robinson Creek and a 5 metre buffer
area be zoned Environmental Protection (EP) for protection of the feature. The site
plan and required permits from Central Lake Ontario Conservation will implement
recommendations from the EIS which include:
i) Erosion and sediment control measures, such as fencing and straw bales, to
ensure sediment does not enter the tributary;
ii) No cutting of trees or removal of ground cover in the tributary area and the
bordering hedgerows around the site. Further naturalization of these areas
should be promoted;
iii) Directional lighting to minimize the effects of light penetrating the surrounding
natural heritage features; and
iv) Development of a monitoring plan for oil and grease separator, along with an
emergency contingency plan for the protection of the Robinson Creek tributary.
The site plan process will incorporate conditions to implement the recommendations
of the EIS.
8.0 PUBLIC SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
site and one (1) public meeting notice sign was installed facing Trulls Road.
8.2 Several inquiries were received with respect to this application. The first inquiry was
regarding the location of outside storage and the screening to be provided. The
second inquiry was regarding the type of business, the proposed number of buildings
and the floor area or each. Other concerns from the Public Meeting include:
• Traffic on Trulls Road;
• Hours of operation;
• Parking on site during auction days;
• Upgrade of Trulls Road to accommodate increase in traffic volume;
• Potential decrease in property values;
• Concerns regarding alignment of east/west collector and impact on parcels east
of Trulls Road; and
• Environmental concerns regarding fluids from automobiles.
Further discussion is contained in Section 10.
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REPORT NO.: PSD-035-08 PAGE 8
9.0 AGENCY COMMENTS
9.1 At the writing of this report, comments have been received from all required
agencies/departments. There are no objections to these applications. Detailed site
plan comments and, conditions were received and will be incorporated into the
development agreement with the Municipality of Clarington and the servicing
agreement with Durham Region.
9.2 The Regional Municipality of Durham states this application is exempt from Regional
approval. The Region finds that the application conforms with the Provincial Policy
Statement and maintains a mix of employment uses. Through the Environmental
Impact Study (EIS) process they requested that surface and groundwater features be
examined. The Region is satisfied with the results of the EIS.
Although the application on its own does not meet the 50 residents and jobs per
hectare, the ratio is to be calculated on a Regional scale, not on a site specific basis.
Thus the Regional Planning Department finds this application in conformity with the
overall industrial development for the Region.
The Regional Health Department has no objection to the septic system proposed by
the applicant. The proposed septic system is considered a temporary facility and the
property will be required to connect to Regional Municipal sanitary services when
available.
Regional water service is available in the area and the applicant is required to extend
the watermain to the property and connect their establishment.
9.3 Central Lake Ontario Conservation (CLOC) reviewed the draft Environmental Impact
Study in December of 2007, and a draft final report was reviewed in January 2008.
CLOC is satisfied to date with the EIS and recommendations contained therein.
However, there are several minor revisions to be completed prior to their support of
the study as complete. These include grading of the raised tile bed system, drainage
around the raised tile bed, and seeding or sodding of the the bed area. These
concerns will be addressed through the resolution of the EIS and the site plan
application.
A portion of the property is within a regulated area and as such, development will
require Conservation Authority approval prior to development activity. Prior to
approval, a sediment and erosion control plan is required for before, during and after
construction and a detailed stormwater management report including water quality
and water quantity, and design criteria of the pond and drainage area is required.
9.4 Clarington Engineering Services has reviewed the Traffic Impact Assessment
submitted in support of the applications and deemed it acceptable for the purpose of
the proposed Official Plan Amendment and Zoning By-law Amendment. The
document is being further reviewed in terms of implementing the recommendations
thereof, including the recommended northbound left turn lane, through conditions of
site plan approval.
842
REPORT NO.: PSD-035-08 PAGE 9
Engineering staff advised that Trulls Road, from Cigas Road to Bloor Street, is
subject to load restrictions when posted which may impact the operation of the
proposed use during said time period. The applicant has been made aware of this.
In addition the following comments were provided:
i) An appropriate right-of-way to accommodate a major east/west collector street
must be dedicated to the Municipality in a form satisfactory to the Director of
Engineering Services and the Municipality's solicitor.
ii) The Clarington Official Plan shows a future north/south Collector Road along a
portion of the west boundary of the subject property. The applicant must dedicate
the full width of land required for the future collector, as shown on the design plan
submitted by the applicant.
iii) A 3.0 metre road widening along Trulls Road is required.
iv) The stormwater management pond shall be retained and maintained in private
ownership.
10.0 STAFF COMMENTS
10.1 General Industrial Area
The Courtice employment lands have been designated since 1996 and the lands
north of the CP railway line have remained largely vacant. Limited smaller-scale
development has occurred in the Baseline Road area. Due to the lack of municipal
services, only dry industrial uses are permitted. The subject lands are located in the
General Industrial Area which was designated north and east of Dom's Auto Parts
Co. Ltd. Auto wreckers generally create a stigma that is not viewed as an attraction
for light or prestigious industrial uses. The applicant's proposal, while better than an
auto recycler, has similar characteristics for the portion of their business which
includes the processing of vehicles after collisions. The other portion of their business
is off-lease vehicles. Both require large outside storage areas. The proposal is
bounded by light industrial areas designated to the north of the subject lands.
10.2 Development of Adjacent Industrial Lands
Staff were concerned with this application as it could prevent the orderly development
of industrial lands in the area, particularly with respect to the transportation network
and the extension of services. The size of the Impact Auto Auction site and the
location of the Robinson Creek, allow for limited access to adjacent lands. The
applicant was requested to undertake a design schematic to show that orderly
development could occur in the future in this area if their proposal proceeded.
The applicant submitted a design schematic for the area which demonstrates a
potential location of the east/west collector road and the north/south collector road,
protection of the Environmental Protection areas and how smaller lot parcelization
could occur, accessed by future local roads (Attachment 2). The design plan
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REPORT NO.: PSD-035-08 PAGE 10
schematic indicates a range of lot sizes from 3 acres-to 10 acres in area that could
potentially occur with many of these lots able to be consolidated or further subdivided
if future industry demands it. The design schematic illustrates the importance of the
collector roads discussed below.
10.3 Implementation of Collector Roads
The Municipality of Clarington Official Plan indicates an east/west collector road
bisecting the subject lands and a north/south collector road located abutting a portion
of the subject property west limits. These roads provide access to adjacent lands and
they are part of the planned transportation network to distribute traffic through the
Courtice industrial area as it develops. The issue of the collector road was raised
during pre-consultation meetings with the applicants. The initial drawings as
submitted, indicated a 100 metre swath in the general area where the collector road
would eventually lie in which the Municipality could purchase a 26 metre road
allowance at some time in the future. A north/south collector road is identified in the
Clarington Official Plan also along the furthest west boundary of the subject property,
located in the south west corner. No provision was made for this future road in the
original drawings. The Applicant has agreed to dedicate the required 26 metres to the
Municipality. These road links were essential to ensure full and orderly development
of the Courtice employment lands. The Impact Auto Auction proposal would prevent
this or require the Municipality to expropriate lands from an operating business in the
future and construct it at the Municipality's expense.
Through discussion with the Municipality's Planning Services and Engineering
Services Departments, the applicant has agreed to enter into an Option Agreement
(Attachment 6) with the Municipality of Clarington covering various aspects of the
development. As of the writing of this report, the agreement is being finalized. The
proposed agreement will be provided to Committee but generally contains the
following terms.
• Impact Auto Auctions provides to the Municipality an option to purchase the
lands required for the east/west collector road, for a nominal fee, for a 20 year
period subject to Council adopting a resolution and implementing a by-law
committing to the construction of the east/west collector;
• Impact Auto Auctions will provide funds in the amount of $650,000 to cover the
anticipated costs of constructing the east/west collector road minus water and
sanitary sewer services;
• Impact Auto Auctions will dedicate lands to the Municipality to facilitate a future
north/south collector road allowance of 26 metres. This is located in the south-
west portion of the' site. No funds are provided for the construction of the
north/south road;
• Impact Auto Auctions will address identified deficiencies in the site plan by filing
revisions to improve the architectural quality of the building elevations, the
landscape screening of the southern limit of the property and the removal of the
night-time drop-off zone;
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REPORT NO.: PSD-035-08 PAGE 11
• The agreement will unwind if the applications do not receive final approval or if
the land transaction is not closed;
• Impact Auto Auctions and Christl View Farms Ltd. will not object to the repeal of
the Official Plan Amendment and the Zoning By-law amendment if the
agreement unwinds.
At this time the Municipality of Clarington has not conducted an Environmental
Assessment (EA) to determine the precise alignment of the collector road system in
the Courtice employment area. The Agreement affords the Municipality time to do
further planning for industrial development in this area.
10.4 Servicing
The following provisions are made for servicing the site:
• Regional water service will be extended by the applicant south from its existing
terminal point on Trulls Road at Bloor Street, to the south limit of the subject
lands. The applicant is responsible for the full cost of the required watermain
extension and responsible for additional costs of frontage and connection
charges.
• The applicant will be responsible for connecting to the sanitary sewer system
when it is available. Since the applicant does not need sanitary sewer services
for their day-to-day operations, there is no requirement to extend sanitary sewer
services to the site.
• The applicant will be constructing a private stormwater management pond on
site to deal with surface drainage. There is no overall master drainage plan
prepared for the Courtice employment area and every applicant is responsible
to handle their stormwater management requirements on their own site.
10.5 Resident's Issues
A number of resident's spoke at the public meeting held in September 2007. The
issues are summarized as follows:
■ Increase in traffic on Trulls Road:
Trulls Road is a Type C Arterial road. This type of road is designed to move
more significant volumes of traffic than a Collector Road, however at a lower
operating speed (50 km/hr) than a Type A or B Arterial road (80 km/hr). An
arterial road of this type shall have a right-of-way width of 26-30 metres. The
traffic study submitted in support of the applications recommended a
northbound left turn lane be constructed to accommodate the development.
The developer will be required to build this as a condition of site plan approval.
Over time the Municipality will be required to undertake improvements to the
road to become an urban arterial. At the present time, the road is subject to half
load restrictions.
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REPORT NO.: PSD-035-08 PAGE 12
• Hours of operation:
The applicants have stated that their hours of operation are during daylight
hours, typically from 8 a.m. to 6 p.m. They do not plan operate an active
overnight operation or during weekends. Hours of operation would have to be
addressed in another municipal by-law for enforcement purposes. However, the
applicant is removing the overnight drop-off area from the site plan.
• Parking on site during auction days:
Parking is provided on-site, in excess of the zoning by-law requirements for this
type of use. Although the applicant has indicated in the Traffic Impact
Assessment that there will be approximately 180 vehicles sold on auction days,
in excess of 200 parking spaces have been provided, much of Impact Auto
Auction's business is done on-line through internet bids.
■ Impact on property values:
This area has been designated for industrial use in the Clarington Official Plan
since 1996 and since 1993 in the Regional Official Plan. While the specific
designation on this parcel is General Industrial, which permits heavier industrial
uses such as asphalt and concrete batching plants, this application is for a
lighter industrial use with lower noise, dust and vibration emissions. The
applicant is ensuring that views of the use are limited through berming and
landscaping. We understand that they have met with the residents to alleviate
the possibility of conflict between residential uses and the auto auction use.
■ Concerns regarding alignment of east/west collector as it impacts parcels east
of Trulls Road:
The landowner to the north-east of the site, Neil Brown, has raised concerns
with respect to the alignment of the east/west collector road. They do not want
to see the east/west collector road bisect their lands leaving unusable remnants
of land. As noted above, this collector road is important to provide a
transportation network to service the industrial area. The future road alignment
has not been determined at this time as the Municipality has not yet conducted
an Environmental Assessment. However, it is clear that the future right-of-way
will need to bisect southerly portion of the lands owned by Neil Brown.
• Environmental concerns regarding fluids from automobiles:
Fluids from collision vehicles are to be disposed of in an environmentally
responsible way. Fluids can leak from cars in any parking lot and since the
majority of the outdoor storage area is a gravel parking lot, there is potential for
some contamination. The plan provides for oil and grease separators to be
incorporated in the stormwater management system. A recommendation of the
Environmental Impact Study is for a monitoring program of the oil and grease
separator to ensure that they are properly maintained. Staff will include this
recommendation through the site plan process.
846
REPORT NO.: PSD-035-08 PAGE 13
10.6 Provincial Growth Plan
The Growth Plan states municipalities should plan to achieve a minimum density
target of not less than 50 residents and jobs combined per hectare. The Region has
advised that this target is being applied across the entire Region and that this should
not prevent this low intensity use in this location. It should be noted however, that
other locations will need to have a higher employment density to make up for the
lower employment density on this site. The Growth Plan states that for Employment
Lands, municipalities shall facilitate development which is transit supportive, has a
compact built form and minimizes surface parking. While the subject development is
contrary to this direction and makes the area more difficult to service with sanitary
sewer services, it does assist to ensure industrial development occurs to create a
diversified economic base.
10.7 The applicant has applied for site plan approval, and has submitted detailed
drawings, including a site servicing plan and landscape plan. Provided that Council
adopts the Official Plan and zoning amendments and they are final and binding, final
site plan drawings will be considered containing any changes required by agencies,
Clarington or the EIS. A holding symbol shall be placed on the property until such
time as site plan approval is imminent.
11.0 CONCLUSIONS
11.1 In consideration of comments received from circulated agencies, the review of the
proposal and subject to Council endorsing the proposed Option Agreement to
provide for the future road network, staff have no objection to the APPROVAL of the
official plan amendment and rezoning application.
Attachments:
Attachment 1 — Key Map
Attachment 2 — Design Plan Schematic for Courtice Industrial Area
Attachment 3 — Proposed Official Plan Amendment
Attachment 4 —Adopting By-law
Attachment 5 —Zoning By-law Amendment
Attachment 6 — Option Agreement (to be provided under separate cover)
Attachment 7 — By-law Authorizing Option Agreement
Interested parties to be notified of Council and Committee's decision:
Christl View Farms Limited Dean Jowitt
Adesa/Impact Auction Canada Corp. Neil Brown
(Impact Auto Auction) Lynn Meikle
Penalta Group Ltd. Mark Ulrich
Valerie Cranmer & Associates Inc. 1044971 Ontario Limited
Freeman Planning Solutions Inc.6 Cindy and Greg_Watson
847
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To Report PSD-035-08
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Attachment 3
To Report PSD-035-08
AMENDMENT NO. 61
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment to the Municipality of Clarington
Official Plan is to permit, to a maximum of 70%, an increase in
the amount:of appropriately-screened outside storage required
for the operation of a permitted vehicle re-marketing, auction and
logistics facility.
LOCATION: The subject site is located in the Courtice Employment Area,
south of Bloor Street, on the west side of Trulls Road and
municipally known as 1550 Trulls Road. (Legally described as
Part of Lot 31, Concession 1, former Township of Darlington,
Part 1, 10R-3387, now in the Municipality of Clarington.)
BASIS: The amendment is based on the application (COPA 2007-0007),
submitted by Adesa Impact Auto Auction Corp., the supporting
studies and the applicant's execution of an agreement for the
provision of future roads and various site plan matters with
respect to the proposal.
ACTUAL
AMENDMENT: The Municipality of Clarington Official Plan is hereby amended
by adding a new Section 23.14.10 as follows:
"23.14.10 Notwithstanding any provision of this Plan to the
contrary, the property located south of Bloor Street,
on the west side of Trulls Road, municipally known
as 1550 Trulls Road (Legally described as Part of
Lot 31, Concession 1, former Township of
Darlington, Part 1, 10R-3387, now in the
Municipality of Clarington) may be zoned to permit
a maximum of 70% outside storage, to be
appropriately screened from public view, as part of
a motor vehicle auction and logistics facility."
IMPLEMENTATION: The policies in the Municipality of Clarington Official Plan
regarding implementation shall apply to this amendment.
INTERPRETATION: The policies in the Municipality of Clarington Official Plan
regarding interpretation, shall apply to this amendment.
850
Httamment 4
To Report PSD-035-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2008-
being a By-law to adopt Amendment No. 61 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to permit an increase in outside storage for an
industrial use.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 61 to the Clarington Official Plan being the attached Explanatory
Text is hereby adopted;and
2. This By-law shall come into force and take effect on the date of the passing hereof.
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
851
r%LLC U III It![It J
To Report PSD-035-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
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 ZBA2007-0026;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 24.4 "SPECIAL EXCEPTIONS — GENERAL INDUSTRIAL (M2) ZONE" is
hereby amended by adding thereto the following new Special Exception 24.4.19 as
follows:
"24.4.19 GENERAL INDUSTRIAL EXCEPTION (M2-19)ZONE
Notwithstanding Sections 24.1b., 24.2c, 24.2f., 24.2h. and 24.3 on
those lands zoned "M2-19" on the attached Schedule to this By-law
shall only be used and any buildings of structures thereon shall on be
constructed and used in accordance with this By-law and the following
definitions and zone regulations:
a) Definitions:
Auto Auction Establishment
Shall mean a building and/or lot which is provided and maintained
for the purpose of parking motor vehicles which are to be sold on the
premises by public auction on a weekly basis. It shall also include
accessory offices, vehicle storage and an auction training facility.
Motor vehicle repair, motor vehicle body work or motor vehicle
wrecking yard uses are prohibited on site.
b) Zone Regulations:
i) Landscaped Open Space (minimum) 20 percent which shall
include an area 1.5 metres in depth abutting every lot line
except where such area is occupied by a driveway or
walkway.
ii) Planting Strip Requirements
a) Where any property line abuts a public road allowance,
or a future public road allowance an area adjoining
such abutting lot line shall be used for a landscaped
berm, a minimum of 1.8 metres in height, with a
maximum 3:1 slope on either side.
c) Regulations for Outside Storage:
Outside storage shall be located in a rear or interior side yard and
shall not be located closer to a public street than any principle
structure located on the same lot and further the following minimum
yard requirements shall apply:
i) Front Yard 35 metres
ii) Exterior Side Yard 15 metres
852
- 2 -
iii) Interior Side Yard 5 metres to all other uses
iv) Rear Yard 5 metres to all other uses
v) All lots zoned M2-19 shall be permitted a cumulative outside
storage total, not to exceed 70 percent of the combined total
lot areas. The outside storage must be part of a permitted
use within the M2-19 zone.
vi) Any portion of a lot used for outside storage or display of
goods or materials is screened from adjacent residential uses
and public streets adjoining the lot by buildings, or is
enclosed by plantings in conjunction with a planting strip.
vii) That all front or exterior elevations of.the principle building
and any other building located within or partially within 40
metres of an existing or future road allowance shall be
constructed of masonry materials.
2. Schedule "1" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
"Agricultural (A) Zone" to "Holding — General Industrial Exception
((H)M2-19)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 Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
853
Attachment 7
To Report PSD-035-0E
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2008-
being a By-law to authorize the execution of an Option Agreement
WHEREAS, the Council of the Corporation of the Municipality of Clarington has approved the
recommendations of Report PSD-035-08, including a recommendation that the Corporation of
the Municipality of Clarington enter into an Option Agreement with Adesa Auctions Canada,
Impact Auto Auctions and Christl View Farms Limited for the purchase of a portion of the
East/West Collector Road in the Courtice employment area;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. The Mayor and Clerk are hereby authorized to execute an Option Agreement between
the Corporation of the Municipality of Clarington and Adesa Auctions Canada, Impact Auto
Auctions and Christi View Farms Limited.
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
854
Clarineon
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 31, 2008
Report#: PSD-036-08 File#: ZBA 2007-0015 & By-law#:
S-C-2007-0004
Subject: ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT
THE DEVELOPMENT OF 1300 RESIDENTIAL UNITS
APPLICANTS: BAYSONG DEVELOPMENTS INC., 2084165 ONTARIO LTD., KIRK
KEMP AND DOUGLAS KEMP (NORTHGLEN WEST)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-036-08 be received;
2. THAT the application for Draft Plan of Subdivision S-C-2007-0004 submitted by Baysong
Developments Inc. 2084165 Ontario Limited, Kirk Kemp and Douglas Kemp be APPROVED
and that the Director of Planning Services be authorized to issue Draft Approval subject to the
conditions contained in Attachment 3;
3. THAT the application for Zoning By-law Amendment ZBA 2007-0015 submitted by Baysong
Developments Inc. 2084165 Ontario Limited, Kirk Kemp and Douglas Kemp be APPROVED as
contained on Attachment 4;
4. THAT the Mayor and Clerk be authorized by By-law to execute a Subdivision Agreement
between the Owner and the Municipality of Clarington, at such time, as the agreement has been
finalized to the satisfaction of the Directors of Engineering Services, Planning Services and
Finance;
5. THAT the Durham Region Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of this report and Council's decision; and
6. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by: Reviewed by: ,
David ro .C.I.P., R.P.P. ranklin Wu,
Director of Planning Services Chief Administrative Officer
CS/CP/DJC/sh
25 March 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
855
REPORT NO.: PSD-036-08 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Baysong Developments Inc., 2084165 Ontario Limited,
Kirk Kemp and Douglas Kemp
1.2 Agent: Tunney Planning Inc.
1.3 Proposed Draft Plan of Subdivision:
1300 unit residential Plan of Subdivision consisting of:
• 855 single detached dwellings on 10.0, 11.0, 12.0
13.5 and 15.0 metre lot frontages;
• 52 semi-detached dwelling units on 18 metre lot
frontages;
• 203 street townhouse units;
• 86 block townhouse units;
• 104 medium/high density residential units within a
mixed use block;
• 1 public elementary school block;
• 1 park block;
• 1 parkette; and
• Open space
1.4 Proposed Rezoning: To change the current zoning on these properties from
"Agricultural (A)", and "Agricultural Exception (A-1) Zone" to
appropriate zones to permit the proposed development.
1.5 Area: Baysong Developments Inc. 46.841 hectares
2084165 Ontario Limited 15.119 hectares
Kemp 12.583 hectares
TOTAL 74.543 hectares
2.0 LOCATION
2.1 The subject lands are located on the north side of Concession Road 3, west of Middle
Road and east of Regional Road 57, being in Part lots 13 and 14, Concession 3 in the
former Township of Darlington (Attachment 1).
3.0 BACKGROUND
3.1 On March 2, 2007, Baysong Developments Inc., 2084165 Ontario Inc., Kirk Kemp and
Douglas Kemp submitted applications for draft plan of subdivision and rezoning. The
subject applications originally proposed a total of 1342 residential units consisting of
single detached, semi-detached, townhouse, medium and high density units. A Public
Meeting for these applications was held in May 22, 2007. The applications were referred
back for further processing, completion of a Neighbourhood Design Plan and a
Financial Impact Study.
856
REPORT NO.: PSD-036-08 PAGE 3
3.2 The Northglen Landowners Group (Baysong Developments Inc., 2084165 Ontario
Limited, Kemp and Carruthers) had also submitted an application to amend the
Clarington Official Plan, encompassing the entire Northglen Neighbourhood. Official
Plan Amendment No. 59 was approved by Council on December 10, 2007.
3.3 A revised draft plan of Subdivision was submitted in February 2008, reducing the
number of residential units from 1342 to 1300.
3.4 A draft plan of subdivision and rezoning application submitted by Kemp and Carruthers
for the lands on the east side of Middle Road, north of Concession Road 3, also within
the Northglen Neighbourhood is the subject of Staff Report PSD-037-08.
4.0 LAND CHARACTERISTICS AND SURROUNDING USES
4.1 The northwest portion of the lands consist of a woodlot with some cleared areas in the
northern, western and southern sections of the property. The northeast property was
historically used for agriculture, but is now vacant, naturally vegetated land. There is a
barn and building debris present on the land. An apple orchard is currently being
operated on the southeast property (owned by the Kemp family), with vacant, naturally
vegetated land to the north. Finally, the southwest portion of the lands consists primarily
of farmland. There exists a residential building and the remains of a barn on the
southwest corner of this property. The subject lands are relatively flat and generally
slope to the south.
4.2 The surrounding uses are as follows:
North Agricultural lands, rural residential, and the Quarry Lakes Golf Course.
South: Concession Road 3 and beyond, existing urban residential, and Hydro
One's works depot.
East: Middle Road and beyond, orchards and rural residential and lands
subject to a proposed draft plan of subdivision.
West Regional Road 57 and beyond, existing estate residential, and the
Bowmanville Creek valley.
5.0 PROVINCIAL POLICY
5.1 Provincial Policy Statement
The Draft Plan of Subdivision and the corresponding rezoning application were
reviewed in the context of the 2005 Provincial Policy Statement.
5.1.1 The Provincial Policy Statement encourages planning authorities to create healthy
livable and safe communities by accommodating an appropriate range and mix of
residential, employment, recreational and open space uses to meet long term needs.
857
REPORT NO.: PSD-036-08 PAGE 4
5.1.2 Policy related to Settlement Areas, state that new development shall occur adjacent to
built up areas and shall have compact form, a mix of uses and densities that allow for
the efficient use of land, infrastructure and public services.
5.1.3 The Housing Policies, state that Planning authorities are required to provide for a range
of housing types and densities with a ten year supply of lands which are designated,
and a three year supply of zoned and serviced land within draft approved and registered
plans. New housing is to be directed to locations where infrastructure and public
services are or will be available. A full range of housing types and densities shall be
provided to meet projected requirements of current and future residents of the regional
market area.
5.1.4 The Public Spaces, Parks and Open Space policies, state that healthy active
communities should be promoted by planning public streets and spaces that are safe
and facilitate pedestrian and non-motorized movement. A full range of publicly
accessible built and natural settings for recreation including facilities, parks, open space
and trails should also be considered.
5.1.5 The Infrastructure and Public Service Facilities policies, state that infrastructure and
public service facilities shall be provided in a coordinated efficient and cost effective
manner. Planning for these shall be integrated with planning for growth so that they are
available to meet current and projected needs. The use of existing infrastructure and
public service facilities should be optimized where feasible before considering
developing new infrastructure and public service facilities.
5.1.6 Energy and Air Quality policies, state that planning authorities shall support energy
efficiency and improved air quality through various means in the planning and
development process.
5.1.7 The subject applications are consistent with the 2005 Provincial Policy Statement as
they are proposing the development of a mixed use community with a range of housing
types and densities. The subject lands are adjacent to the existing built-up area and will
make use of existing infrastructure and public service facilities.
5.2 Provincial Growth Plan
5.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas. Growth is to be accommodated by building
compact, transit-supportive communities in designated greenfieid areas and by reducing
dependence on the automobile through the development of mixed use, pedestrian-
friendly environments. Growth shall also be directed to areas that offer municipal water
and wastewater systems. Municipalities should establish an urban open space system
within built up areas which may include communal courtyards and public parks.
5.2.2 The application would appear to conform with the Provincial Growth Plan and is
expected to generate in excess of 50 people and jobs per hectare.
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REPORT NO.: PSD-036-08 PAGE 5
6.0 OFFICIAL PLANS
6.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Area. The
intent of this designation is to permit the development of primarily residential areas with
defined boundaries, incorporating the widest possible range of housing types, sizes and
tenure, developed in an efficient and cost effective manner.
In consideration of development applications within designated Living Areas, regard
shall be had for the intent of this plan to achieve the following:
• A compact urban form;
• The use of good urban design principles;
• The provision of convenient pedestrian access to public transit,
educational facilities and parks; and
• The grid pattern of roads.
6.2 Clarington Official Plan
6.2.1 The subject lands are designated Urban Residential within the Clarington Official Plan.
This designation is to ensure developments provide for a diverse range of housing. The
applicants submitted and received approval for an Official Plan Amendment application
to allow for the following:
• Increased housing and population targets;
• Revisions to the road network;
• Revisions to, as well as additional medium density symbols; and
• Revisions to school and park requirements and locations for each.
6.2.2 The majority of the Northglen Neighbourhood is located on the Lake Iroquois Beach.
Significant Woodlots and Significant Valleylands are also identified on Map C. An
Environmental Impact Study (EIS) was undertaken for . the entire Northglen
Neighbourhood.
6.2.3 In addition to the woodlot being preserved through the EIS, there are a number of trees
on the property of various species and health. As such, the preparation of a Tree
Preservation Plan is required to identify those trees that can be preserved and
contribute to the natural heritage of the neighbourhood.
6.2.4 A Neighbourhood Centre symbol is located at the northeast corner of Regional Road 57
and Concession Road 3, within the subject lands. Neighbourhood Centres are to serve
as focal points for residential communities and provide for day to day retail and service
needs. The maximum gross leasable floorspace shall be 5000 m2. Neighbourhood
Centres are intended to be developed with adjacent areas such as transit nodes
containing higher density residential uses, recreation, community, cultural and
institutional uses. How Block 925, a 6.739 ha parcel, will be developed shall be detailed
through future applications for site plan approval.
859
REPORT NO.: PSD-036-08 PAGE 6
6.2.5 The Clarington Official Plan states prior to consideration and approval of a plan of
subdivision, the Municipality shall require the preparation of a Neighbourhood Design
Plan (NDP). The plan shall be prepared in consultation with the Municipality and other
agencies. A Neighbourhood Design Plan is a visual interpretation of the future
development of a neighbourhood. A report containing the recommended NDP was
presented to General Purpose and Administration Committee at their meeting of March
17, 2008.
6.2.6 The Clarington Official Plan states that the Municipality may require a Financial Impact
Analysis to be undertaken for major development proposals. Where such an analysis
demonstrates that the development will have an adverse effect on the Municipality's
financial situation, the development will be considered to be premature and contrary to
the intent of the Official Plan. In consideration of the subject application, together with
development proposals elsewhere in Bowmanville and Newcastle Village, the
Municipality undertook a Financial Impact Analysis. The conclusions and
recommendations of the Financial Impact Analysis, prepared by Hemson Consulting
Ltd., were presented at the February 25, 2008 General Purpose and Administration
Committee through Report FD-007-08.
7.0 ZONING BY-LAW
7.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A), and "Agricultural
Exception (A-1) Zone". The proposed development does not comply with the provisions
of this zone and therefore the subject Zoning By-law Amendment is required.
8.0 SUMMARY OF BACKGROUND STUDIES
8.1 The following documents in support of the Official Plan Amendment and Draft Plan of
Subdivision were received:
• Phase 1 Environmental Site Assessments;
• Environmental Impact Study;
• Hydrogeological Analysis;
• Archeological Assessments; and
• Functional Servicing Report
These documents were summarized in staff's report dealing with the proposed Official
Plan Amendment (PSD-137-07).
The findings of the Financial Impact Study were presented to Council in Report FD-
007-08. The Neighbourhood Design Plan was presented to Council through Report
PSD-026-08.
860
REPORT NO.: PSD-036-08 PAGE 7
9.0 PUBLIC MEETING AND SUBMISSIONS
9.1 A joint Public Meeting for all of the subject applications was held on May 22, 2007. A
number of area residents expressed concerns with the proposed development and
provided comments as summarized below:
• Proposed lots adjacent to Rebecca Court should be a minimum of 18m wide;
• Proposed homes on lots adjacent to Rebecca Court should be not more than
two storeys and all brick, any structure two storeys or more should be at least
500 metres away from existing properties on Rebecca Court;
• Existing fencing along the property line between proposed lots and existing
properties on Rebecca Court should replaced to prevent shortcuts to Liberty
Street;
• Development will increase traffic volumes on major roads in Bowmanville;
• Development will increase noise levels and crime rates;
• Deleting school sites means that children will have to be bussed outside of
their community to attend schools;
• Development will have an impact on wells in the area;
• Development will effect water pressure in the Rills of Liberty; and
• Balanced growth at non-residential to residential assessment ratio 25:75 is
not being achieved in the municipality, nor is 1 job for every 3 residents being
achieved.
9.2 Those concerns/comments regarding Rebecca Court will be discussed in Report PSD-
037-08. All other concerns are addressed in PSD-037-08 as well as in Section 11.2 of
this report.
10.0 AGENCY COMMENTS
10.1 The subject applications for Draft Plan of Subdivision and rezoning were circulated to
various agencies and departments. Clarington Building and Rogers Cable have offered
no objections to the proposed applications.
10.2 Clarington Emergency Services has reviewed the proposal and requested that roads
greater than 90 metres long are to provide turn around facilities regardless of whether
the dead ends are temporary or permanent.
10.3 Clarington Operations reviewed the applications and provided comments with respect to
the stormwater management plan. The stormwater management pond will require an
upstream interceptor. It must be designed with full perimeter access road to allow for
heavy maintenance equipment. In addition, a contribution of $20,000 for future
maintenance of the pond will be required.
With respect to the school block, all parking, including bus pick-up and drop off, and
vehicular traffic must be accommodated within the school site. Parking will not be
allowed on the street.
861
REPORT NO.: PSD-036-08 PAGE 8
Parks and schools should be separated to avoid over use of the park. A number of lots
on incomplete streets maybe frozen or temporary turn circles required to accommodate
snow clearing.
10.4 Clarington Engineering has reviewed the subject applications. The following is a
summary of their comments:
• Appropriately sized sight triangles for all road intersections are shown on the
draft plan. A 5.0 metre road widening is shown on Concession Road 3 and a 5.0
metre widening is shown on Middle Road.
• Temporary turning circles are required in a number of locations particularly
around Abe's Auto Wreckers. All temporary dead end streets must provide
sufficient width to accommodate a temporary turning circle.
• Phasing of the subject draft plan will be restricted by the number of external
accesses available. Full development of the draft plan will require all external
accesses to be constructed.
• Development of a specific phase of development cannot proceed until such time
as the Municipality has approved expenditure of funds for the provision of the
infrastructure required for that phase of the development. The required
infrastructure shall include, but not be limited to, the urbanization and
reconstruction of Concession Road 3 and Middle Road including sidewalks and
street illumination, park development, lighting of intersections of proposed
Streets "B" and "C" with Regional Road 57, as well as entrance works or services
which have been included in the Municipality's Development Charges By-law and
have been deemed necessary by the Director of Engineering Services.
• The Engineering Department is requiring that a Preliminary Stormwater
Management Report be completed in order to determine the size and location of
the stormwater management facility within Block 925 The report shall
demonstrate that the lands ultimately required for a stormwater management
pond shall be designed with sufficiently flat side slopes (5:1 or flatter) so that
fencing is not required.
• The Department is also requiring a Preliminary Lot Grading and Drainage Plan
that demonstrates that all lots and blocks can be graded in accordance with
Municipal criteria.
10.5 The Region of Durham provided comments on the proposed subdivision with respect to
provincial plan responsibilities, the proposed method of servicing, and transportation
issues.
The application has been screened, in accordance with the terms of the provincial plan
review responsibilities. Four (4) Phase 1 Environmental Site Assessments were submitted
for all the lands in Northglen West. A Record of Site Conditions is required by the Region
862
REPORT NO.: PSD-036-08 PAGE 9
of Durham. Potential impacts identified include; fill material pile near the former barn, the
presence of a neighbouring automotive scrap yard, Abe's Auto Wreckers, and the historical
and current presence of an orchard. The Soper Creek tributaries traverse the north-eastern
limit of the Northglen West area. This area is identified as having high archeological
potential. An archaeological assessment of the site will be a condition of draft plan
approval.
The Abe's Auto Wreckers facility is currently located at the south portion of the subject
land. The land use compatibility between the auto facility and the surrounding proposed
residential development has been evaluated in accordance to the Ministry of Environment
Land Use Compatibility (D-6) Guideline. The auto facility meets the criteria of a Class II
industrial facility and requires a minimum distance of separation of 70 m from the property
line to the sensitive land use. The Region will require that all residential lots and sensitive
land uses that are proposed within 70 m of the limit of the auto facility lands not be
developed until the operation has ceased and is removed from the neighbourhood plan.
The required site remediation and an RSC would then be required prior to any of the
restricted lots being released for development.
Durham Transit advised that there is transit service currently provided on Scugog Street.
Regional Road No. 57, Concession Road 3 and Middle Road will be designated for
future transit service to serve the Northglen Neighbourhood and the surrounding areas:
They recommended that through approval of the application the following requirements:
• To protect for future transit stops with shelters and hard surface platforms
within the public road allowance on Regional Road No. 57, Concession Road
3 and Middle Road at intersections of collector roads into the development
and at other proposed public walkways providing access to the arterial roads;
• That Street 'A', Street '8', Street 'C', Street 'D'and Street 7'be designated for
future transit service to address operational concerns and to provide
adequate coverage ensuring effective service delivery standards are met; and
• To protect for future transit stops with shelters and hard surface platforms
within the public road allowances at intersections of same internal collectors
designated for transit service.
Regional Works provided the following comments:
• Municipal water supply to the Northglen Neighbourhood area is available from the
existing 600 mm feedermain on Middle Road and from the extension of a 300 mm
watermain on Concession Road 3 from Lunney Crescent to North Scugog Court
and Liberty Street.
• Sanitary servicing to the Northglen West area is available from an existing 375
mm sanitary sewer on West Scugog Street at Concession Road 3 and the
existing 450 mm sanitary sewer on Middle Road at Bons Avenue.
863
REPORT NO.: PSD-036-08 PAGE 10
• Many revisions to the Traffic Impact Study are required to reflect the Region's
issues with respect to volume projections and future intersection
improvements.
• No access to the Northglen West commercial block will be permitted from
Regional Road No. 57.
• While the proposed intersection locations along Regional Road No. 57 do not
meet intersection spacing standards for a north-south Type 'A' Arterial Road,
they are acceptable in this case as unsignalized 'T' intersections. The
developer will be responsible for any profile corrections on Regional Road No.
57 that are required to meet sight distance standards for the proposed new
intersections.
• The Region will require the developer to construct improvements at the
Regional Road intersections, including signalization and auxiliary lanes at the
Regional Road No. 57/Concession Road 3 intersection, auxiliary lanes at the
Concession Road 3/Liberty Street intersections on Regional Road No. 57.
The required improvements will be finalized following review of the revised
Traffic Impact Study.
• All required Regional road improvements are to be designed and constructed
to Regional standards at 100% cost to the developer.
10.6 Central Lake Ontario Conservation Authority has offered no objection to the applications
and subject to conditions of draft approval. In addition to the standard to conditions, the
Authority has requested detailed plans and reports to demonstrate how the
development will proceed within respect to the recommendations in the Hydrogeologic
Report, prepared by Geo-Logic, and the Environmental Impact Study and Tree
Preservation Plan prepared by Niblett Environmental Associates.
10. 7 The Kawartha Pine Ridge District School Board offered no objection provided an
appropriate agreement be made for the future acquisition of the school site, being Block
951. The agreement shall, among other matters, provide for the leveling, rough grading
and seeding of Block 951, the provision of all municipal services to the site, and the
installation of a 1.8 metre high chain link fence on the perimeter of Block 951 where it
abuts proposed or existing residential lands, to the satisfaction of the Kawartha Pine
Ridge District School Board.
10.8 Bell Canada has determined that a telecommunication facility easement will be required
to service the subject lands. As such, the draft plan of subdivision should be revised to
reflect a 10m x 10m easement.
11.0 STAFF COMMENTS
11.1 Baysong Developments Inc., 2084165 Ontario Ltd, and Kirk and Douglas Kemp own the
three properties subject to these applications, equal to approximately 40% of the lands
within the Northglen Neighbourhood. These landowners have submitted one joint
rezoning application and one joint application for Draft Plan of Subdivision.
864
REPORT NO.: PSD-036-08 PAGE 11
11.2 Public Submissions
In response to the public submissions as they are related to Northglen West, the
following information is provided.
Traffic Issues
Traffic reports in support of this application have been submitted to the Municipality of
Clarington and the Region of Durham Works Department. The reports assess the
impact of this development on local and regional roads in Bowmanville and determine
what improvements are required to support this new neighbourhood, now and over
time. Both agencies are satisfied that the road network and proposed improvements
can adequately accommodate the traffic generated from this development. The
Regional Works Department plans for the expansion of, and improvements to, the
regional road network to need anticipated growth.
Deleting School Sites
One public elementary school symbol and one public secondary school symbol were
deleted from the Northglen Neighbourhood through Amendment No. 59. The Kawartha
Pine Ridge District School Board deemed that only one public elementary school site
was necessary to serve the students in this neighbourhood. Both school boards are
satisfied that the students generated from the development can adequately be
accommodated in existing and future schools. Staff cannot provide comment on the
board's policies regarding bussing of students.
Increase levels of noise and crime
The Northglen Neighbourhood is located within the urban area boundary of
Bowmanville and adjacent residents who enjoy a rural type lifestyle will experience
changes as development proceeds in this neighbourhood. Staff cannot provide
comment with respect to increased crime.
Balanced Growth
The Official Plan sets targets for balanced growth at non-residential to residential
assessment ratio of 25:75 to be achieved by 2016 and 1 job for 3 residents to also to be
achieved by 2016. Certainly with growth in retail sectors of our community and new
initiatives such as the Energy Business Park, the municipality is attempting to provide
opportunities to achieve an increase in non-residential assessment and jobs for
residents.
11.3 Phasing of Development
11.3.1 Development of the Northglen Neighbourhood does not align with the Municipality's
infrastructure financing and timing assumptions as contained in the Development
Charges Background Study 2005. This study anticipated development of portions of the
neighbourhood not to occur until 2015 or beyond. Works that are required for this
development to proceed include the following:
i) Reconstruction of Concession Road 3;
865
REPORT NO.: PSD-036-08 PAGE 12
ii) Reconstruction of Middle Road from Concession Road 3 to the north limit of
the urban area boundary;
iii) Installation of street lighting and sidewalks on Concession Road 3;
iv) Installation of street lighting and sidewalks on Middle Road;
v) storm sewer and full urbanization of Scugog Street south of Concession
Road 3;
vi) Neighbourhood park and parkette development; and
vii) Illumination of Regional Road 57 along the entire frontage of the Plan of
Subdivision fronting onto Regional Road 57.
The Municipality of Clarington undertook a Financial Impact Study for this development
along with four others in Bowmanville and Newcastle Village. A report on that study
was presented to Committee and Council in February 2008. In consideration of the
recommendations proposed through the Financial Impact Study. The Northglen
Landowners Group presented a proposal to contribute to the construction of some
infrastructure works to address the impact of allowing the plan of subdivision to proceed
at this time. Staff have met with the Landowners Group to determine which works are
required and the timing of those works, based on a phasing plan to be approved by the
Directors of Engineering Services, Planning Services and Finance. As a condition of
draft approval, staff are requiring that the park (Block 952) be included within the limits
of the registration of Phase 1 and be constructed 100% at the expense of the Owners.
The Owners shall also be 100% responsible for the preparation of a detailed park
concept plan, park construction drawings and specifications all to be approved by the
Director of Engineering Services. The park shall be commenced upon issuance of the
151St building permit in Phase 1.
11.3.2 The developers will be 100% responsible for the cost to construct in conjunction with
Phase 1 the following interim works as directed by and to the satisfaction of the Director
of Engineering Services:
i) asphalt overlay on Concession Road 3, including where required, left turn
lanes from Regional Road No. 57 to Middle Road;
ii) intersection illumination at Street A; and
iii) provision for pedestrian access on Concession Road 3.
In addition any costs associated with left turn lanes on Concession Road 3 if required
through an approved traffic control study which analyzes the need to left turn lanes at
each intersection on Concession Road 3.
The phasing of this draft plan will be restricted by the number of external accesses that
are available and the external and internal capital works which have been approved by
Municipal Council.
The owner is responsible for 100% of the cost of any oversizing of Municipal
infrastructure deemed necessary to service the development to the satisfaction and at
the request of the Director of Engineering Services.
866
REPORT NO.: PSD-036-08 PAGE 13
The Owner shall construct the neighbourhood park (Block 952) in its entirety as detailed
in a park concept plan, park construction drawings and specifications all to be approved
by the Director of Engineering Services. The park shall be commenced upon issuance
of the 151St building permit in Phase 1.
Development of the parkette (Block 953) shall be developed in accordance with the
Municipality's current practices as defined through the Development Charges By-law as
amended from time to time.
11.4 Abe's Auto Wreckers
The Abe's Auto Wreckers facility is currently located north of Concession Road 3 and west
of Middle Road and is surrounded on three sides by the proposed plan of subdivision. The
land use compatibility between the auto facility and the surrounding proposed residential
development has been evaluated in accordance to the Ministry of Environment Land Use
Compatibility Guideline. The auto dismantling facility requires a minimum distance
separation of 70 m from the property line to any sensitive land use. Therefore all
proposed residential lots and sensitive land uses, within 70 m of the limit of the auto
dismantling facility lands shall not be developed until the operation has ceased and is
removed from the neighbourhood. The required site remediation and an RSC would then
be required prior to any of the restricted lots being released for development. These lands
have been zoned with Holding symbol only to be removed at such time as the auto
dismantling use has ceased, a RSC is filed with Ministry of Environment and an
appropriate site grading plan is approved by the Director of Engineering that shows the
transition of grades between the draft approved lands undeveloped auto wrecker lands.
11.5 Red-line Revisions
The draft plan shall be red-line revised to change the lot frontage on 7 lots situated on
Street "P" from 10.0 metres to 12.0 metres to accommodate appropriate driveway widths
of 4.6 metres.
11.6 Mixed Use Commercial Block
Baysong Developments Inc. is proposing a mixed use commercial block in the
southwest corner of the subject lands. The lands are designated as a Neighbourhood
Centre which permits a maximum retail floorspace of 5000 square metres and Medium
and High Density residential uses are also designated. The applicant has provided a
conceptual plan which includes medium and high density uses and retail floorspace, a
stormwater management pond and a parkette. The amount of retail floorspace and the
proposed number of residential units are not identified on the conceptual plan. Zoning
for this block will not be amended at this time, rather the appropriate zoning for this
block will be considered at such time an application for site plan approval has been
submitted.
867
REPORT NO.: PSD-036-08 PAGE 14
11.7 Stormwater Management Pond
Provision is being made for a stormwater pond that can be more of an amenity feature
although it does not have a natural shape. To this end, staff have had concerns that
there is a sufficient area to provide for appropriate slopes, in the absence of a grading
plan and finalized design. As a result, Block 898 to 901 will be "frozen" cannot develop
until the detailed engineering is completed and the site plan is developed and approved
for the "mixed use" commercial block.
11.8 Tax Status
The Finance Department advises that the taxes for the subject properties have been
paid in full.
12.0 RECOMMENDATIONS
12.1 The applications have been reviewed in consideration of the comments received from
area residents, the circulated agencies, the Region and Clarington Official Plan and
Zoning By-law. The Owner has reviewed the Conditions of Draft Approval as contained
in Attachment No. 3. In consideration of the comments contained in this report, Staff
respectfully recommend the proposed draft plan of subdivision as red-line revised and
contained in Attachment 2 be APPROVED subject to the Conditions of Draft Approval
as contained in Attachment 3 and that the rezoning as contained in Attachment 4 be
APPROVED.
Attachment:
Attachment 1 - Key Map
Attachment 2 - Proposed Draft Plan of Subdivision
Attachment 3 - Conditions of Draft Approval
Attachment 4 - Zoning By-law Amendment
Attachment 5 .- By-law Authorizing Subdivision Agreement
868
REPORT NO.: PSD-036-08 PAGE 16
List of interested parties to be advised of Council's decision:
Dave and Janet Passant Mike Dome
Rick and Donna McCreary Cindy Craig Murdoch
Mike and Caroline Dodds Hielka Holkema
Peter and Heather Abramczuk Glenn Genge
Gord and Rosemary Baker Wendy Busuttil
Grant Martin Hannu Halminen
George and Cheryl Strilchuk Baysong Developments Inc
Dominick and Angela Forsellino Kirk & Douglas Kemp
Kurt and Sylvia Graichen Bob and Patsy Carruthers
Ardyth Korte Kevin Tunney
Sernas Associates Rick James
Reverend Gordon Belyea Ron &Ann Reitsma
Florence Cinquemani Tammie McGann
869
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Attachment :
To Report PSD-036-02
CONDITIONS OF DRAFT APPROVAL
S-C-2007-0004 (Northglen West)
March 25, 2008
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision S-C-2007-0004 prepared by Tunney Planning Inc. identified as Project Number
TUN 549-1, original submission dated February, 2006, and as revised in February 2008,
and further red lined, which illustrates 1300 residential units consisting of 855 single
detached dwellings, 52 semi detached units, 203 street townhouse units, 86 block
townhouse units, a mixed use block containing 104 residential units, commercial
floorspace, stormwater management pond, and blocks for a public elementary school, a
park and a parkette, road widenings, 0.3 metre reserves, landscape strips, and open
space. The red-line revisions shall include:
i) melding Blocks 905 to 908 inclusive with Block 925.
ii) lots 201 to 206 be revised from 10.0 metre frontages to 12.0 metre frontages.
FINAL PLAN REQUIREMENTS
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction of the
Regional Municipality of Durham and the Municipality of Clarington.
4. The Owner shall convey a 5.00 metre road widening (Blocks 982 and 988), across the
entire frontage of the draft plan to the Municipality of Clarington for the purpose of
widening Concession Road 3.
5. The Owner shall convey a 3.00 metre road widening (Blocks 983, 984 & 985), across the
entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening
Middle Road.
6. The Owner shall convey a 14.0 metre x 14.0 metre sight triangle at the corners of
Concession Road 3 and Middle Road to the Municipality of Clarington.
7. The Owner shall convey 14.0 metre X 7.0 metre sight triangles at all intersections where
arterial roads (Concession Road 3 and Middle Road) intersect with local and collector
roads.
8. The Owner shall convey Block 987 to the Region of Durham for purposes of road widening
on Regional Road 57.
9. The Owner shall convey a 15.0 metre x 15.0 metre sight triangle at the corners of
Concession Road 3 and Regional Road 57 to the Region of Durham.
872
10. The Owner shall convey a 15.0 metre x 10.0 metre sight triangle at the corners of Regional
Road 57 and Street "B" and Regional Road 57 and Street "C" to the Region of Durham.
11. The Owner shall convey a 4.0 metre landscape strip (Blocks 958 and 959) across the
frontage of the Concession Road 3, and a 3.2 metre landscape strip (Blocks, 955, 956 and
957) across the frontage of Regional Road 57, to the Municipality of Clarington for the
purposes of landscaped treatments.
12. The Owner shall terminate any dead ends and/or open sides of road allowances created
by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington.
13. The Owner shall convey the 0.3 metre reserve shown as Blocks 960 to 968 and 973 to
981, inclusive, on the draft plan to the Municipality of Clarington.
14. The Owner shall dedicate Block 954 on the draft plan to the Municipality of Clarington for
Open Space in accordance with the Municipality of Clarington Official Plan.
15. That all land dedications, easements, sight triangles and reserves as required by the
Municipality for this development must be granted to the Municipality free and clear of all
encumbrances and in a form satisfactory to the Municipality's Solicitor.
16. That all land dedications, easements, sight triangles and reserves as required by the
Region of Durham for this development must be granted to the Region free and clear of all
encumbrances and in a form satisfactory to the Region's Solicitor.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
17. The subdivision shall be developed in phases by more than one registration. The Owner
shall submit plans showing the proposed phasing to the Directors of Engineering
Services, Planning Services and Finance for approval. Block 952, Park Block, shall be
included within the.limits of the registration of Phase 1. Furthermore, the Owner agrees to
incorporate Block 951, Public Elementary School Block, including adequate frontage for
appropriate access, should the Kawartha Pine Ridge District School Board, deem that the
block is necessary prior to registration of the phase in which these lands are situated. A
copy of the approved Phasing Plan shall be provided to the Region of Durham Works
Department
18. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area
municipal approval of the zoning for the land uses shown on the approved draft plan in
accordance with the provisions of the Planning Act.
19. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of Planning
Services for review and approval. The Landscaping Plan shall reflect the design criteria of
the Municipality as amended from time to time.
873
20. The owner shall implement a rear yard planting program for all lots in accordance with the
guidelines to be established or terms approved by the Municipality.
21. The Owner shall submit a detailed Tree Preservation Plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this program has
been approved except as authorized by the Municipality.
22. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall
be satisfied that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
23. Prior to the development of any phase which accesses Concession Road 3, the Owner
shall complete a Traffic Control Study, which analyzes the need for left turn lanes at each
intersection on Concession Road 3 and recommend how left turn lanes would be
constructed. Any works deemed necessary by the Director of Engineering Services shall
be undertaken at 100% cost to the Owner.
24. The Owner shall prepare an Internal Traffic Impact Study to assess the traffic movements
with the Plan of Subdivision and identify areas where traffic calming may be required. The
study shall recommend the appropriate measures to be used, such as textured asphalt,
bump outs or landscaping measures. This study shall be prepared to the satisfaction of the
Director of Engineering Services and Director of Planning Services.
25. The Owner shall prepare an Environmental Sustainability Plan for approval by the Director
of Planning Services and the Director of Engineering Services. The Plan shall be
consistent with the recommendations of the Environmental Sustainability Plan prepared by
the Owner for Plan of Subdivision S-C-2007-0005. This plan must be approved by the
Municipality of Clarington, and shall identify specific measures on how development in
Plan S-C-2007-0004, will ensure the protection, conservation and enhancement of air,
water, and ecological features and functions, energy and other resources and heritage
resources. As a minimum, the report shall address;
i). Energy conservation measures for new homes, such as the construction and
operation of new residential building to a minimum rating of 80 or more in
accordance with Natural Resources Canada "EnerGuide for New Houses" or
equivalent certification system;
ii). Water conservation measures for new homes such as the Water Sense program or
equivalent program;
iii) Use of environmentally friendly materials or finishes in the dwellings; and
iv) The preparation of a community education hand-book on the environmentally
sensitive areas in the neighbourhood.
26. The Owner shall prepare a Community Theme and Urban Design Implementation Plan, to
the satisfaction of the Director of Planning Services and Director of Engineering Services.
This Plan shall confirm and control intended pattern of development in the Northglen
Neighbourhood. This plan shall be consistent with the approved plan prepared by the
Owner of the Plan of Subdivision S-C-2007-0005. The Plan shall include the proposed
network of roads, transit, pedestrian and bicycle routes, the location of specific features,
sites and residential lots within the neighbourhood such as corner lots, and T-intersections
874
that require specific lot and building placement, orientation and architectural features,
design concepts for community theming include gateway treatments, landscape
treatments, lighting fixtures, fencing details and related design issues for the overall
design, location and configuration of trails and open space buffers.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
27. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to
abide by all terms and conditions of the Municipality's standard subdivision agreement.
28. The Owner agrees to prepare a phasing plan that will be subject to the approval of the
Director of Engineering Services and Director of Planning Services..
29. The phasing of this draft plan will be restricted by the number of external accesses that are
available and the external capital works which have been approved by Municipal Council.
Full development of the draft plan will require all external accesses to be constructed. The
specific lots available for building permits in any single phase of the development will be at
the discretion of the Director of Engineering Services.
30. The Owner agrees to construct in conjunction with Phase 1 the following interim works at
100% Owners cost as directed by and to the satisfaction of the Director of Engineering
Services;
i) interim road improvements on Concession Road 3, including but not limited
to, left turn lanes where required and asphalt overlay from Regional Road 57
to Middle Road;
ii) intersection illumination at Street "A", and Concession Road 3;
iii) provision for pedestrian access on Concession Road 3;
iv) intersection illumination at Regional Road 57 and Concession Road 3; and
v) intersection illumination at Regional Road 57 and Street "B".
31. The Owner acknowledges that much of the draft plan of subdivision is premature.
Development cannot proceed until such time as the Municipality has approved the
expenditure of funds for the provision of the certain works for this draft plan or external
works or services in its capital budget and which have been included in the Municipality's
Development Charges By-law and deemed necessary by the Director of Engineering
Services and Director of Finance, to service this development. These include but are not
limited to:
i) Reconstruction of Concession Road 3 from Regional Road 57 to Middle Road
to a full urban section, including curb, gutter, storm sewer, granular base and
asphalt base and service course;
ii) Reconstruction of Middle Road from Concession Road 3 to the urban area
boundary to a full urban section, including curb, gutter, storm sewer, granular
base and asphalt base and service course;
iii) Installation of street lighting and sidewalks on Concession Road 3;
iv) Installation of street lighting and sidewalks on Middle Road;
875
v) Storm sewer on Scugog Street south of Concession Road 3 to Bons Avenue
and urbanization of Scugog Street south, to the north limit of the existing
urbanization, to a full urban section, including curb, gutter, storm sewer,
granular base and asphalt base and service course;
vi) park development; and
vii) illumination of Regional Road 57 along the entire frontage of the Plan of
Subdivision fronting onto Regional Road 57.
32. Should the Owner wish to proceed in advance of the approval by the Council of the
Municipality of Clarington, for the expenditures for the any works required by the Director
of Engineering Services to facilitate development, the Owner shall pay 100% of the cost of
all required works, to the satisfaction of the Director of Engineering Services and Director
of Finance.
33. The Owner is responsible for 100% of the cost of any oversizing of municipal infrastructure
deemed necessary to service the development to the satisfaction and at the request of the
Director of Engineering Services. Oversizing includes but is not limited to:
• Left turn lanes on Concession Road 3;
• Storm sewer oversizing on Concession Road 3 and Middle Road; and
• Increased depth of storm sewer invert on Concession Road 3 and Middle
Road.
The Owner will be required to provide securities in the amount of 100% of the cost of
oversizing based on the construction cost estimate. The securities must be submitted in a
form satisfactory to the Director of Finance and Director of Engineering Services prior to
registration of the first phase.
The difference, if applicable, between the cost estimate and the as-built cost of the
oversizing will be 100% the responsibility of the Owner.
34. The Owner is 100% responsible to construct the park (Block 952) in its entirety. The
owner shall retain a qualified Landscape Architect to undertake the preparation of a
detailed park concept plan, followed by the preparation of park construction drawings and
specifications all to be approved by the Director of Engineering Services. The park
construction drawings shall clearly indicate all park grading, equipment and facilities. Park
facilities to be included in Block 952 shall include, but not be limited to;
• traditional playground with equipment suitable for junior and senior age children
• hard surface play court (i.e. basketball, ball hockey)
• shade structure
• park furniture such as benches, picnic tables, waste containers, bike racks as
appropriate
• paved walkways connecting various park features to surrounding streets
• walkway lighting
• tree and shrub planting as appropriate
• park sign
• park entirely sodded
876
35. For the purpose of Block 953 parkland development, the local service as defined in the
Development Charges By-law as amended from time to time, includes the requirement for
the Owner to undertake the preparation of a detailed park concept plan including proposed
grading to demonstrate that the proposed park size, configuration and topography will
allow for the construction of park facilities to the satisfaction of the Municipality. In addition
the Owner is required to provide the park site graded in accordance with the park concept
plan including storm water servicing. The park site must be fenced and seeded with a
minimum cover of 200mm of topsoil.
36. The owner agrees to commence construction of the park Block 952 at the issuance of
151St building permit. The Owner agrees to complete the park construction in accordance
with the approved construction drawings and specifications prior to the issuance of the
200th building permit.
37. The Owner agrees that the development of Blocks 925, save and except the installation of
the Stormwater Management Pond, cannot proceed until such time as the developer has
entered into a Site Plan Agreement with the Municipality of Clarington for the development
of this Block. In addition, until such time as Site Plan Approval for Block 925 has been
issued by the Director of Planning Services and Director of Engineering Services,
development of Blocks 898, 899, 900, 901, 905, 906, 907& 908 cannot proceed.
38. The Owner agrees that development of Block 923 cannot proceed until such time as the
lands to the south identified as assessment role number 18-19-010-80-05500 have melded
with Block 923 and the applicant has entered into a Site Plan Agreement with the
Municipality of Clarington.
39. Lot 589 shall not be available for Building Permits until such time as Block 954, Open
Space Block, has connection to adjacent lands in municipal ownership and access for
maintenance can be obtained from a public road.
40. All lots which do not have frontage on a completed section of roadway will be placed on
hold with no building permits issued until such time as these roads have been constructed.
Alternatively, a temporary turning circle can be provided with suitable easements for snow
storage. Lots situated at the end of these roads will remain frozen until such time as the
roads are extended and constructed to a finished urban profile including Regional services,
asphalt paving, curbs and gutter, sodded boulevard and sidewalk. Release of building
permits for designated 'frozen lots" will be determined by the Director of Engineering
Services.
41. The Owner shall be 100% responsible for the costs of installing the following fencing:
i) privacy fencing a minimum of 1.8 metre high at the rear of Lots 574 to 579
inclusive and 584 to 587 inclusive;
ii) 1.8 metre high chain-link fence on all lots abutting the park Blocks (Blocks
952 and 953);
iii) 1.5 metre high chain-link fence at the rear of Blocks 898 to 901 inclusive and
Lots 588-590 inclusive. Fencing at the rear of Lot 589 shall be installed after
the condition 39 has been satisfied.
877
42 . Prior to registration of any portion of the subject draft plan the owner must demonstrate
how perpetual maintenance of any blocks identified as "Part Lots or Blocks" will be
undertaken. All part lots will be pre-serviced with water, sanitary and storm sewers.
43. The Owner agrees that Street "B" cannot be constructed beyond Streets "I" and "H" until
such time as the lands on the north side of Street "B" identified as assessment roll number
18-19-010-080-05500, are purchased and the appropriate site triangle is dedicated to the
Municipality of Clarington.
44. The Owner shall be 100% responsible for the costs of landscaping the Landscape Strip
(Blocks 958, 959, 955, 956 and 957) in keeping with the approved Landscape Plan.
45. The Owners shall be 100% responsible for the cost of preparing Architectural Design
Guidelines specific to this development, as well as 100% of the cost for the control
architect to review and approve all proposed models and building permits, to the
satisfaction of the Director of Planning Services.
46. The Owner agrees that no residential units shall be offered for sale to the public on said
plan until such time as the architectural control guidelines and the exterior architectural
design of each building has been approved by the Control Architect and the Director of
Planning Services.
47. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
48. That the Owner shall retain a Professional Engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review and
approval. All plans and drawings must conform to the Municipality's Design Criteria as
amended from time to time.
49. All works shall be constructed in accordance with the Municipality of Clarington standards.
50. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
51. That prior to the issuance of building permits, access routes to the subdivision must be
provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all
watermains and hydrants are fully serviced and the Owner agrees that during construction,
fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code,
storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning
as per Subsection 2.6.3.4 of the Ontario Fire Code.
52. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist
Report to the Director of Engineering Services to demonstrate that the proposed
development will not adversely impact the existing wells in the surrounding areas.
53. The Owner agrees that where the well or private water supply of any person is interfered
with as a result of the subdivision, the Owner shall at his expense, either connect the
affected party to municipal water supply system or provide a new well or private water
878
system so that water supplied to the affected party shall be of quality and quantity at least
equal to the quality and quantity of water enjoyed by the affected party prior to the
interference.
54. Prior to final approval, the Regional Municipality of Durham shall be satisfied that any wells
on the property have been decommissioned in accordance with applicable Ministry of
Environment standards.
55. That the Owner shall provide the Municipality, unconditional and irrevocable, Letters of
Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee,
Maintenance Guarantee, .Occupancy Deposit and other guarantees or deposit as may be
required by the Municipality.
56. That the Owner shall pay to the Municipality, the development charge in accordance to the
Development Charge By-law as amended from time to time, as well as payment of a
portion of front end charges pursuant to the Development Charges Act if any are required
to be paid by the Owner.
57. The Owner agrees that all lots and sensitive land uses within 70 metres of the limits of
Abe's Auto Wreckers identified as assessment roll number 18-19-010-080-05900 can not
be developed until such time the auto wrecker use has ceased and all automobiles and
parts are removed from the property. The lands within 70 metres will be zoned with a
Holding (H) symbol. This symbol may only be removed under the following conditions:
i) a satisfactory Record of Site Condition (RSC) is submitted to the Regional
Municipality of Durham, the Municipality of Clarington and the Ministry of
Environment (MOE) for approval. This RSC must be to the satisfaction of the
Region, including an Acknowledgement of Receipt of the RSC by the MOE.
ii) a Lot Grading Plan and Drainage Plan has been submitted and approved by the
Director of Engineering Services; and
iii) application for rezoning is submitted and approved by the Municipality of
Clarington, in keeping with policies of the Clarington Official Plan and Zoning
By-law.
58. Prior to final approval, the proponent shall engage a qualified professional to carry out to
the satisfaction of the Ministry of Culture, an archaeological assessment of the entire
property, and mitigate through preservation or resource removal and documentation,
adverse impacts to any significant archaeological resources found. No demolition, grading
or other soil disturbances shall take place on the subject property prior to the Ministry of
Culture confirming that all archaeological resource concerns have been met including
licensing and resource conservation requirements.
59. Prior to any on-site grading or construction or final registration of the plan, the Owner shall
submit to, and obtain approval from the Municipality of Clarington, and the Central Lake
Ontario Conservation Authority for reports describing the following:
879
i) the intended means of conveying stormwater flow from the site, including use of
stormwater techniques which are appropriate and in accordance with the
provincial guidelines. [The stormwater management facilities must be designed
and implemented in accordance with the recommendations of the Master Plan];
ii) the anticipated impact of the development on water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken;
iii) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
provincial guidelines. The report must outline all actions to be taken to prevent
an increase in the concentration of solids in any water body as a result of on-
site or other related works, to comply with the Canada Fisheries Act; and
iv) on-site groundwater conditions and contributions to the baseflow of Creek, and
necessary measures to maintain these contributions.
60. Prior to any on-site grading and/or construction, the Owner shall submit for review and
approval, detailed plans and any associated reports, of the proposed frog pond/wetland to
be constructed within Block 301 of the Plan of Subdivision S-C- 2007-0005. This feature
shall be constructed prior to the elimination of the existing pond/wetland feature located
within the subject plan of subdivision in compliance with the Environmental Impact Study
report by NEA dated April 2007.
61. The Owner shall submit for review and approval phased grading plans as well as proposed
cut and fill drawings/plans for the subject site.
62. The Owner shall submit appropriate detailed drawings and reports which indicate how
development of the site meets the conclusions and recommendations outlined in Section 6.0
of the Hydrogeologic Investigation Report, as prepared by Geo-Logic, dated May 2005.
63. The Owner shall submit appropriate detailed drawings and reports which identify and indicate
how development of the site meets the recommendations of the Environmental Impact Study,
prepared by Niblett Environmental Associates, dated April 2007 as well as the Tree
Preservation Plan, prepared by Niblett Environmental Associates, dated April 2007.
64. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation
Authority. This shall include application processing fees and technical review fees as per the
Approved Authority Fee Schedule.
65. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
i) the Owner agrees to carry out the works to the satisfaction of the Central Lake
Ontario Conservation Authority.
ii) the Owner agrees to maintain all stormwater management and erosion and
sedimentation control structures operating and in good repair during the
construction period, in a manner acceptable to the Central Lake Ontario
Conservation Authority.
iii) the Owner agrees to advise the Central Lake Ontario Conservation Authority, 48
hours prior to the commencement of grading or the initiation of any on-site works.
880
66. The Owner agrees to furnish to the Central Lake Ontario Conservation Authority, a copy of
the fully executed subdivision agreement with the Municipality
67. The Owner shall enter into a written agreement with the Kawartha Pine Ridge District
School Board which provides for the future acquisition of the school site, as shown as
Block 951 on the draft plan, to the satisfaction of the School Board. The agreement shall,
among other matters, provide for the leveling, rough grading and seeding of Block 951, the
provision of all municipal services to the site, and the installation of a 1.8 metre high chain
link fence on the perimeter of Block 951 where it abuts proposed or existing residential
lands, to the satisfaction of the Kawartha Pine Ridge District School Board.
68. The Owner shall submit to the Municipality of Clarington and Regional Municipality of
Durham, for review and approval, an updated noise report, based on the preliminary Noise
Impact Study, prepared by Sernas Associates, Project no. 88239G. The study shall be
based on projected traffic volumes provided by the Durham Region Planning Department
and recommending noise attenuation measures for the draft plan in accordance with the
Ministry of the Environment guidelines. The Owner shall agree in the Municipality of
Clarington subdivision agreement to implement the recommended noise control measures.
The agreement shall contain a full and complete reference to the noise report (i.e. author,
title, date and any revisions/addenda thereto) and shall include any required warning
clauses identified in the acoustic report. The Owner shall provide the Region with a copy of
the subdivision agreement containing such provisions prior to final approval of the plan.
69. The Owner is to co-ordinate the preparation of an overall utility distribution plan to the
satisfaction of all affected authorities.
70. The Owner shall grade all streets to final elevation prior to the installation of the gas lines
and provide the necessary field survey information required for the installation of the gas
lines, all to the satisfaction of Enbridge Gas Distribution.
71. All of the natural gas distribution system will be installed within the proposed road
allowances therefore easements will not be required.
72. The Owner is hereby advised that prior to commencing any work within the Plan, the
Owner must confirm that sufficient wire-line communication/telecommunication
infrastructure is currently available within the proposed development to provide
communication/telecommunication service to the proposed development. In the event that
such infrastructure is not available, the Owner is hereby advised that the Owner may be
required to pay for connection to and/or extension of the existing
communication/telecommunication infrastructure. If the Owner elects not to pay for such
connection to and/or extension of the existing communication/telecommunication
infrastructure, the Owner shall be required to demonstrate to the municipality that sufficient
alternative communication/telecommunication facilities are available within the proposed
development to enable, at a minimum, the effective delivery of the
communication/telecommunication services for emergency management services (i.e., 911
Emergency Services).
73. The Owner shall agree in words satisfactory to Bell Canada to grant Bell Canada any
easements that may be required for telecommunications services. Easements may be
881
required subject to final servicing decisions. In the event of any conflict with existing Bell
facilities or easement the owner/developer shall be responsible for the relocation of such
facilities or easements
74. The Owner shall provide for the extension of such sanitary sewer and water supply
facilities which are external to, as well as within, the limits of this plan that are required to
service this plan. In addition, the Owner shall provide for the extension of sanitary sewer
and water supply facilities within the limits of the plan which are required to service other
developments external to this subdivision. Such sanitary sewer and water supply facilities
are to be designed and constructed according to the standards and requirements of the
Regional Municipality of Durham. All arrangements, financial and otherwise, for said
extensions are to be made to the satisfaction of the Regional Municipality of Durham, and
are to be completed prior to final approval of this plan.
75. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of
Clarington. This shall include, among other matters, the execution of a subdivision
agreement between the Owner and the Municipality of Clarington concerning the provision
and installation of roads, services, drainage and other local services.
76. The Owner shall provide a $20,000 contribution for the future maintenance of the storm
water management pond to be constructed in Block 925.
77. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the provision and
installation of sanitary sewers, water supply, roads and other regional services.
78. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
i) The Owner agrees to include provisions whereby all offers of purchase and sale
shall include information that satisfies Subsection 59(4) of the Development
Charges Act.
ii) The Owner agrees that no filling, grading or alteration to the water course shall
occur on the property without the prior written approval of the Conservation
Authority.
iii) The Owner agrees to place the following in all agreements of purchase and sale
between the Developer and all prospective home buyers:
iv) Students from this area may have to attend existing schools. Although a school
site has been reserved within this plan of subdivision; a school may not be built
for some time, if at all, and then only if the Ministry of Education authorizes
funding and construction of this required school."
v) Owner agrees to implement those noise control measures recommended in the
Noise Report.
882
79. Prior to final approval of this plan for registration, the Director of Planning Services for the
Municipality of Clarington shall be advised in writing by:
i) Regional Municipality of Durham, how Conditions 3, 8, 9, 10, 17, 22, 54, 57,
68, 74 and 77 have been satisfied;
ii) Central Lake Ontario Conservation, how Conditions 59, 60, 61, 62, 63, 64, 65
and 66 have been satisfied;
iii) Kawatha Pine Ridge District School Board how Condition 67 has been
satisfied;
iv) Enbridge Gas Distribution Inc., how Conditions 70, and 71 have been satisfied;
v) Bell Canada, how Conditions 72 and 73 have been satisfied; and
vi) Ministry of Culture, how Condition 58 has been satisfied.
NOTES TO DRAFT APPROVAL
80. If final approval is not given to this plan within three years of the draft approval date, and
no extensions have been granted, draft approval shall lapse and the file shall be
CLOSED. Extensions may be granted provided valid reason is given and is submitted to
the Director of Planning Services for the Municipality of Clarington well in advance of the
lapsing date.
81 The Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of
draft approval in an expeditious manner. The conditions of draft approval will be reviewed
periodically and may be amended at any time prior to final approval. The Planning Act
provides that draft approval, may be withdrawn at any time prior to final approval.
82. All plans of subdivision must be registered in the Land Titles system within the Regional
Municipality of Durham.
82. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in order to
facilitate their clearance of conditions for final approval of this plan. The addresses and
telephone numbers of these agencies are:
i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, LIH 3T3 (905) 579-0411.
ii) Kawatha Pine Ridge District School Board, Peterborough Ontario K9J 7M3
iii) Regional Municipality of Durham, 605 Rossland Road East, 4th Floor Whitby
Ontario LIN 6A3
iv) Enbridge Gas Distribution Inc. 500 Consumers Road, North York, Ontario, M2J
1P8
v) Bell Canada, Development and Municipal Services Control Centre, Floor 5,
100 Borough Drive, Scarborough Ontario M1P 4W2
vi) The Ministry of Culture, Culture Programs Unit, 400 University Avenue, 4th Floor
Toronto, Ontario M7A 2R9.
883
Attachment 4
To Report
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
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 Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2007-0015;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule 12.2 "SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE (R1)
ZONE"is hereby amended by adding new Special Exceptions as follows:
"SECTION 12.4.70 URBAN RESIDENTIAL EXCEPTION (R1-70)ZONE
r Notwithstanding Sections 12.1 a); 12.2 a); b); c); d) i, ii), iii); f) and i) ii) those
lands zoned R1-70 on the Schedules to this By-law shall only be used for single
detached dwellings, subject to the following regulations:
a) Lot Area (minimum)
i) Interior 450 square metres
b) Frontage(minimum)
i) Interior 15.0 metres
ii) Exterior 18.3 metres
c) Yard Requirements (minimum)
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to front wall;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to front wall;
2.0 metres to porch
iii) Interior Side Yard 1.2 metres with private
garage or carport;
Without private garage
or carport 1.2 metres on one
side, 3.0 metres on the other
d) Lot Coverage(maximum)
i) Dwelling 40 percent
ii) Total of all buildings and structures 45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall
884
SECTION 12.4.72 URBAN RESIDENTIAL EXCEPTION (R1-72)ZONE
Notwithstanding Section 12.1 a); 12.2 a); b); c); d) i, ii), iii); f) and i) those lands
zoned R1-72 on the Schedules to this By-law shall only be used for a semi-
detached dwelling, subject to the following regulations:
a) For the purposes of this Section, the term
"Dwelling, Semi-Detached"
means a building separated vertically into two separate dwelling units,
connected by a common wall, each of which has an independent entrance
directly from the outside of the building and each of which is located on a
separate lot.
b) Lot Area (minimum)
i) Interior 540 square metres
c) Lot Frontage(minimum)
i) Interior 18.0 metres
ii) Exterior 21.3 metres
d) Yard Requirements(minimum)
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard 1.2 metres with private
garage or carport;
Without private garage
or carport 3.0 metres
e) Lot Coverage(maximum)
i) Dwelling 40 percent
ii) Total of Buildings and Structures 45 percent
t
f) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection."
2. Section 13.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE (R2)
ZONE"is hereby amended by adding thereto new Special Exceptions as follows:
"SECTION 13.4.53 URBAN RESIDENTIAL EXCEPTION (R2-53)ZONE
Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) those lands zoned
R2-53 on the Schedules to this By-law shall be subject to the following
regulations:
a) Lot Area (minimum) 300 square metres
b) Lot Frontage(minimum)
i) Interior Lot 10 metres
ii) Exterior Lot 13.3 metres
885
C) Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or
carport 1.2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d) Lot Coverage(maximum)
i) Dwelling 40 percent
ii) Total of all Buildings and Structures 45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40% of the
width of the house.
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-53 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-53.
SECTION 13.4.54 URBAN RESIDENTIAL EXCEPTION (R2-54)ZONE
Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) and those lands
zoned R2-54 on Schedules to this By-law shall be subject to the following
regulations:
a) Lot Area (minimum) 330 square metres
b) Lot Frontage (minimum)
i) Interior Lot 11 metres
ii) Exterior Lot 14 metres
c) Yard Requirements
i)- Front Yard 6.0 metres to private
garage or carport;
886
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or
carport 1.2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d) Lot Coverage (maximum)
i) Dwelling 40 percent
ii) Total of all Building and Structures 45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front walls or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40% of the
width of the house.
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-54 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-54.
SECTION 13.4.55 URBAN RESIDENTIAL EXCEPTION (R2-55)ZONE
Notwithstanding 13.2 a); c) i), ii), iii), e) and h) those lands zoned R2-55 on the
Schedules to this By-law shall be used subject to the following regulations:
a) Lot Area(minimum) 360 square metres
b) Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4:0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or
887
carport 1.2 m on one side,
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
C) Lot Coverage (maximum)
i) Dwelling 40 percent
ii) Total of all Building or Structures 45 percent
d) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall.
e) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-55 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-
17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-5.
SECTION 13.4.56 URBAN RESIDENTIAL EXCEPTION (R2-56)ZONE
Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) those lands zoned
R2-56 on the Schedules to this By-law shall be subject to the following
regulations:
a) Lot Area (minimum) 450 square metres
b) Lot Frontage (minimum)
i) Interior Lot 13.5 metres
ii) Exterior 16.5 metres
c) Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or
carport 1.2 m on one side,
0.6 metres on the other side;
Without private garage or 3.0 metres on
one side 0.6 metres on the other side
d) Lot Coverage(maximum)
i) Dwelling 40 percent
888
ii) Total of all Buildings and Structures 45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall.
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-56 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-56.
SECTION 13.4.57 URBAN RESIDENTIAL EXCEPTION (R2-57)ZONE
Notwithstanding Sections 13.2 a): b); c) i), ii), iii), e) and h) those lands zoned
R2-57 on the Schedules to this By-law shall be subject to the following
regulations:
a) Lot Area (minimum) 275 square metres
b) Lot Frontage (minimum)
i) Interior Lot 10 metres
ii) Exterior Lot 13.3 metres
c) Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or
carport 1.2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d) L&Coverage(maximum)
i) -` Dwelling 40 percent
ii) Total of all Buildings and Structures 45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40%of the
889
width of the house.
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-57 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-57."
3. Section 14.6 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE (R3)
ZONE"is hereby amended by adding thereto new Special Exceptions as follows:
"SECTION 14.6.31 URBAN RESIDENTIAL EXCEPTION (R3-31)ZONE
Notwithstanding Sections 3.16 i), iv); 14.1; 14.2; 14.3 a), b), c) i), ii), iii) 14.4 a),
14.4 b) 14.4 c) i), ii) iii); 14.4 g), and 14.4 h) those lands zoned R3-31 shall only
be used for an apartment building, link townhouse dwellings, stacked townhouse
dwellings, or street townhouse dwellings, subject to the following regulations:
a) For the purposes of this Section, the term
"Dwelling, Stacked Townhouse"
Shall mean one of a group of three or more dwelling units which are
separated vertically and/or horizontally, provided that each dwelling unit
has a separate entrance and fronts either on an improved public street or
on a private street.
b) Street Townhouse dwelling yards shall be permitted as follows:
i) Lot Area(minimum) 210 square metres
ii) Lot Frontage(minimum)
a) Interior Lot 7.0 metres
b) Exterior Lot 11.0 metres
iii) Front Yard a minimum width of 4.5 metres and a maximum width of
6.5 metres;
iv) Interior Side Yard 1.5 metre, except (i) where a building has a
common wall with a building on an adjacent lot located in the R3-24
zone, in which case no interior side yard is required, and (ii) where
the lot line is also the boundary of a different zone, in which case
an interior side yard of 4.5 metres wide is required;
V) Exterior Side Yard minimum width of 4.5 metres and a maximum
width of 6.5 metres;
vi) Rear Yard (minimum) 7.5 metres
vii) no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
890
c) Link townhouse dwellings or stacked townhouse dwellings shall be
permitted as follows:
i) Density(maximum) 45 units per ha
ii) Lot Area (minimum) 1.0 ha
iii) Front Yard a minimum width of 4.5 metres and a maximum width of
6.5 metres;
iv) Interior Side Yard (minimum) 4.5 metres
V) Exterior Side Yard a minimum width of 4.5 metres and a maximum
width of 6.5 metres; and
vi) Rear Yard (minimum) 7.5 metres
vii) Building Height(maximum)
a) Link townhouse dwellings 10.5 metres
b) stacked townhouse dwellings 12.0 metres
viii) no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
d) the following stacked townhouse dwellings regulations shall be provided:
i) Dwelling Unit Area (minimum) 85 square metres
ii) Lot Coverage(maximum) 45 percent
iii) Landscaped Open Space (minimum) 40 percent
iv) Building Height(maximum) 12 metres
v) No parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
e) Apartment building shall be permitted as follows:
i) Density(maximum) 45 units per ha
ii) Lot Area (minimum) 1.0 ha
iii) Front Yard a minimum width of 4.5 metres and a maximum width of
7.5 metres
iv) Exterior Side Yard a minimum width of 4.5 metres and a maximum
width of 7.5 metres
iii) Interior Side Yard (minimum) 7.5 metres
iv) Rear Yard (minimum) 7.5 metres
V) Dwelling Unit Area (minimum)
a) Bachelor Dwelling Unit 40 square metres;
b) One Bedroom Dwelling Unit 55 square metres;
c) Two Bedroom Dwelling Unit 70 square metres; and
d) Dwelling Unit Containing Three or more bedrooms 80 square
metres plus 7 square metres for each bedroom in excess of
three.
vi) Lot Coverage(maximum) 45 percent
891
vii) Landscaped Open Space(minimum) 40 percent
Viii) Building Height(maximum) 12 metres
ix) no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R-31 on Schedule 1 to this By-
law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a record of site condition has been submitted for said lands zoned
(H)R3-31.
"SECTION 14.6.32 URBAN RESIDENTIAL EXCEPTION (R3-32)ZONE
Notwithstanding Sections 14.1; 14.2; 14.3 a), b), c); and 14.4 shall only be used
for street townhouse dwellings, subject to the following regulations:
a) Lot Area (minimum) 190 square metres
b) Lot Frontage(minimum)
i) Interior Lot 7.0 metres
ii) Exterior Lot 11.0 metres
c) Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard 1.5 metres;
nil where a building has
a common wall with any
building on an adjacent
located in a R3-32 zone
d) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R3-32 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
892
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R3-32.
5. Schedule"1"to By-law 84-63 as amended, is hereby further amended by changing
the zone designation from:
"Agricultural(A)"to"Urban Residential(R1)Zone"
"Agricultural (A)"to"Holding-Urban Residential Exception ((H)R1-70)Zone"
"Agricultural (A)"to"Holding-Urban Residential Exception ((H)R1-72)Zone"
"Agricultural (A)"to"Holding-Urban Residential Exception ((H)R2-53)Zone"
"Agricultural (A)"to"Holding-Urban Residential Exception ((H)R2-54)Zone"
"Agricultural(A)"to"Holding-Urban Residential Exception ((H)R2-55)Zone"
"Agricultural(A)"to"Holding-Urban Residential Exception ((H)R2-56)Zone"
"Agricultural(A)"to"Holding-Urban Residential Exception ((H)R3-31)Zone"
"Agricultural Exception(A-1)"to"Environmental Protection(EP)"
"Agricultural Exception(A-1)"to"Urban Residential (R1)Zone"
"Agricultural Exception(A-1)"to"Urban Residential Exception (R1-42)Zone"
"Agricultural Exception(A-1)"to"Holding-Urban Residential Exception ((H)R1-
70)Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R1-
72)Zone"
"Agricultural Exception(A-1)"to"Holding-Urban Residential Exception ((H)R2-53)
Zone"
"Agricultural Exception(A-1)"to"Holding-Urban Residential Exception ((H)R2-54)
Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-
55)Zone"
"Agricultural Exception(A-1)"to"Holding-Urban Residential Exception ((H)R2-56)
Zone"
"Agricultural Exception(A-1)"to"Holding-Urban Residential Exception ((H)R2-57)
Zone"
"Agricultural Exception(A-1)"to"Holding-Urban Residential Exception ((H)R3-31)
Zone"
"Agricultural Exception(A-1)"to"Holding-Urban Residential Exception ((H)R3-32)
Zone"
6. Schedule"A"attached hereto shall form part of this By-law.
893
7. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
894
This is Schedule to 2008-
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Schedule "A" Zoning Legend
® Zoning Change From "A" To "R1"
Zoning Change From"A" To "(H)R1-70"
Zoning Change From "A" To "(H)R1-72"
® Zoning Change From "A" To "(H)R2-53
Zoning Change From "A" To "(H)R2-54"
® Zoning Change From "A" To "(H)R2-55"
Zoning Change From "A" To "(H)R2-56"
Zoning Change From "A" To "(H)R3-31"
- Zoning To Remain "A-1"
Zoning Change From "A-1" To "EP"
® Zoning Change From "A-1" To "R1"
® Zoning Change From "A-1" To "R1-42"
Zoning Change From "A-1" To "(H)R1-70"
Zoning Change From "A-1" To "(H)R1-72"
® Zoning Change From "A-1" To "(H)R2-53"
Zoning Change From "A-1" To "(H)R2-54"
® Zoning Change From "A-1" To "(H)R2-55"
Zoning Change From "A-1" To "(H)R2-56"
Zoning Change From "A-1" To "(H)R2-57"
Zoning Change From "A-1" To "(H)R3-31"
+ Zoning Change From "A-1" To "(H)R3-32"
70m Buffer
896
Attachment 5
To Report PSD 036 08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2008-
being a By-law to authorize entering into an agreement with the Owners of Plan
of Subdivision S-C-2007-0004 any Mortgagee who has an interest in the said
Lands, and the Corporation of the Municipality of Clarington in respect of S-C-
2007-0004
A
WHEREAS General Purpose and Administration Committee on March 31, 2008,
authorized the Director of Planning Services to issue draft approval for draft Plan of
Subdivision S-C-2007-0004 located in Part Lot 13, Concession 3, former Township of
Darlington and authorized the execution of a Subdivision Agreement with the Owner;
AND WHEREAS the Owner(s) of draft Plan of Subdivision S-C-2007-0004 desires to
proceed to final plan approval and to enter into a Subdivision Agreement with the
Municipality of Clarington;
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation's seal,
an agreement with the Owners of Plan of Subdivision S-C-2007-0004 at such
time as the Subdivision Agreement has been finalized to the satisfaction of the
Director of Engineering Services and the Director of Planning Services.
2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality, the conveyances of lands required pursuant to the aforesaid
Agreement.
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
c
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
897
lCarineton
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 31, 2008
Report#: PSD-037-08 File#: ZBA 2007-0016 & By-law#:
S-C-2007-0005
Subject: ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO
PERMIT THE DEVELOPMENT OF 364 RESIDENTIAL UNITS
APPLICANTS: KIRK KEMP, DOUGLAS KEMP, HELEN KEMP, ROBERT
CARRUTHERS AND PATSY CARRUTHERS (NORTHGLEN EAST)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-037 -08 be received;
2. THAT the application for Draft Plan of Subdivision S-C-2007-0005 submitted by Kirk Kemp,
Douglas Kemp, Helen Kemp, Robert Carruthers and Patsy Carruthers be APPROVED and that
the Director of Planning Services be authorized to issue Draft Approval subject to the conditions
contained in Attachment 3;
3. THAT the application for Zoning By-law Amendment ZBA 2007-0016 submitted by Kirk Kemp,
Douglas Kemp, Helen Kemp, Robert Carruthers and Patsy Carruthers be APPROVED as
contained on Attachment 4:
4. THAT the Mayor and Clerk be authorized by By-law to execute a Subdivision Agreements for
each phase of development between the Owner and the Municipality of Clarington, at such time,
as the agreement has been finalized to the satisfaction of the Director of Engineering Services,
Director of Planning Services and Director of Finance;
5. THAT the Durham Region Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of this report and Council's decision; and
6. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by: Reviewed by:
Da d rome, M.C.I.P., R.P.P. Franklin Wu,
Direct of Planning Services Chief Administrative Officer
CS/CP/DJC/sh
26 March 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
898
REPORT NO.: PSD-037-08 PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner/Applicants: Kirk Kemp, Douglas Kemp, Helen Kemp, Robert
Carruthers and Patsy Carruthers
1.2 Agent: Tunney Planning Inc.
1.3 Proposed Plan of Subdivision:
364 unit residential Plan of Subdivision consisting of:
■ 290 single detached dwellings on 10.0, 11.0,
12.0, 13.5, 15.0 and 18.0 metre lot frontages;
■ 19 street townhouse units;
■ 55 block townhouse units;
■ 1 separate elementary school block;
■ 1 park block;
■ 1 parkette; and
■ open space blocks.
1.4 Proposed Rezoning: To change the current zoning on these properties
from "Agricultural Exception (A-1) Zone" to an
appropriate zone to permit the proposed
development.
1.5 Area 32.532 ha
2.0 LOCATION
2.1 The subject lands are located on the north side of Concession Road 3, east of Middle
Road and west of Liberty Street, being in Part Lot 12, Concession 3 in the former
Township of Darlington (Attachment 1).
3.0 BACKGROUND
3.1 On March 2, 2007, Staff received an application for proposed draft plan of subdivision
and rezoning submitted by Kirk Kemp, Douglas Kemp, Helen Kemp, Robert Carruthers
and Patsy Carruthers. The applications originally proposed a total of 386 residential
units consisting of single detached and townhouse units. A Public Meeting for these
applications was held in May 22, 2007. The applications were referred back for further
processing, completion of a Neighbourhood Design Plan and a Financial Impact Study.
3.2 The Northglen Landowners Group (Baysong Developments Inc., 2084165 Ontario
Limited, Kemp and Carruthers) had also submitted an application to amend the
Clarington Official Plan, encompassing the entire Northglen Neighbourhood. The Official
Plan Amendment No 59. was approved by Council on December 10, 2007.
899
REPORT NO.: PSD-037-08 PAGE 3
3.3 A revised draft plan was submitted in February 2008, reducing the number of units from
386 to 364 units.
3.4 A separate application for draft plan of subdivision and rezoning submitted for the lands
to the west of Middle Road, north of Concession Road 3, within the Northglen
Neighbourhood have also been submitted and are the subject of Staff Report PSD-036 -
08).
4.0 LAND CHARACTERISTICS AND SURROUNDING USES
4.1 The majority of the west property is used for agricultural purposes, specifically apple
orchards owned by Kemp. The lands are relatively flat, gently sloping to the south.
There is a woodlot and tributaries of Soper Creek on the northern portion of the property
located within the Environmental Protection blocks. There is also a wooded area with
small creeks and a floodplain on the northern portion of the property. The majority of
the east property consists of flat, ploughed agricultural fields that are currently cultivated
in soybeans. Some of the lands are outside the proposed draft plan.
4.2 The surrounding uses are as follows:
North - Bowmanville Golf Course
South - Concession Road 3 and beyond, urban rResidential
East - Estate residential, church and residential on Concession 3
West - Middle Road and beyond, vacant agricultural land (subject to a proposed
draft plan of subdivision).
5.0 PROVINCIAL POLICY
5.1 Provincial Policy Statement
The Draft Plan of Subdivision and the corresponding rezoning application were
reviewed in the context of the 2005 Provincial Policy Statement.
5.1.1 The Provincial Policy Statement encourages planning authorities to create healthy
livable and safe communities by accommodating an appropriate range and mix of
residential, employment, recreational and open space uses to meet long term needs.
5.1.2 Policy related to Settlement Areas, states that new development shall occur adjacent to
built up areas and shall have compact form, a mix of uses and densities that allow for
the efficient use of land, infrastructure and public services.
5.1.3 The Housing Policies state that Planning authorities are required to provide for a range
of housing types and densities with a ten year supply of lands which are designated,
and a three year supply of zoned and serviced land within draft approved and registered
plans. New housing is to be directed to locations where infrastructure and public
services are or will be available. A full range of housing types and densities shall be
provided to meet projected requirements of current and future residents of the regional
market area.
899001
REPORT NO.: PSD-037-08 PAGE 4
5.1.4 The Public Spaces, Parks and Open Space policies, state that healthy active
communities should be promoted by planning public streets and spaces that are safe
and facilitate pedestrian and non-motorized movement. A full range of publicly
accessible built and natural settings for recreation including facilities, parks, open space
and trails should also be considered.
5.1.5 The Infrastructure and Public Service Facilities policies, state that infrastructure and
public service facilities shall be provided in a coordinated efficient and cost effective
manner. Planning for these shall be integrated with planning for growth so that they are
available to meet current and projected needs. The use of existing infrastructure and
public service facilities should be optimized where feasible before considering
developing new infrastructure and public service facilities.
5.1.6 Energy and Air Quality policies, state that planning authorities shall support energy
efficiency and improved air quality through various means in the planning and
development process.
5.1.7 The subject applications are consistent with the 2005 Provincial Policy Statement as
they are proposing the development of a mixed use community with a range of housing
types and densities. The subject lands are adjacent to the existing built-up area and will
make use of existing infrastructure and public service facilities. The applications will also
aid the Municipality in attaining its three year supply of available residential land.
5.2 Provincial Growth Plan
5.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas. Growth is to be accommodated by building
compact, transit-supportive communities in designated greenfield areas and by reducing
dependence on the automobile through the development of mixed use, pedestrian-
friendly environments. Growth shall also be directed to areas that offer municipal water
and wastewater systems. Municipalities should establish an urban open space system
within built up areas which may include communal courtyards and public parks.
5.2.2 The application would appear to conform with the Provincial Growth Plan.
6.0 OFFICIAL PLANS
6.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Area. The
intent of this designation is to permit the development of primarily residential areas with
defined boundaries, incorporating the widest possible range of housing types, sizes and
tenure, developed in an efficient and cost effective manner.
899002
REPORT NO.: PSD-037-08 PAGE 5
In consideration of development applications within designated Living Areas, regard
shall be had for the intent of this plan to achieve the following:
■ A compact urban form;
■ The use of good urban design principles;
■ The provision of convenient pedestrian access to public transit; educational
facilities and parks; and
■ The grid pattern of roads.
6.2 Clarington Official Plan
6.2.1 The Clarington Official Plan designates the subject lands as Urban Residential and
Environmental Protection Area. The intent of the Urban Residential designation is to
provide for a range of housing. The applicants submitted and received approval for an
Official Plan Amendment application to allow for the following:
■ Increased housing and population targets;
■ Revisions to the road network;
■ Revisions and additional medium density symbols; and
■ Revisions to school and park requirements and locations.
6.2.2 Environmental Protection Areas are recognized as the most significant components of
the natural environment. The intent of this designation is to preserve and protect the
area from the effects of human activity. No development is permitted within the areas
designated Environmental Protection Area.
The majority of the Northglen Neighbourhood is located on the Lake Iroquois Beach.
Significant Woodlots and Significant Valleylands are also identified on Map C. An
Environmental Impact Study (EIS) was undertaken in accordance with Official Plan
policies.
6.2.3 The Official Plan recognizes the existing woodlot located on the northern portion of the
subject lands as significant. The woodlot is primarily located within the proposed open
space and neighbourhood park blocks.
6.2.4 The Official Plan encourages the conservation and enhancement of cultural heritage
resources. A residential structure on the subject lands has been recognized on the
Municipality's Primary Heritage resources list. Where a structure is recognized on the
heritage resource list, the Municipality will allow alterations, renovations, additions or
repairs provided the proposed changes are compatible and consistent with the building
and surrounding area. The Municipality will discourage the demolition or the
inappropriate alteration of a heritage resource.
6.2.5 The Clarington Official Plan states prior to consideration and approval of a plan of
subdivision, the Municipality shall require the preparation of a Neighbourhood Design
Plan. The plan shall be prepared in consultation with the Municipality and other
agencies. A Neighbourhood Design Plan is a visual interpretation of the future
development of a neighbourhood as a whole. The Neighbourhood Design Plan has
899003
REPORT NO.: PSD-037-08 PAGE 6
been finalized and was presented at the March 17th 2008 General Purpose and
Administration Committee through Report PSD-026-08.
6.2.6 The Clarington Official Plan states that the Municipality may require a Financial Impact
Analysis to be undertaken for major development proposals. Where such an analysis
demonstrates that the development will have an adverse effect on the Municipality's
financial situation, the development will be considered to be premature and contrary to
the intent of the Official Plan. In consideration of the subject application, together with
development proposals elsewhere in Bowmanville and Newcastle Village, the
Municipality undertook a Financial Impact Study. The conclusions and
recommendations of the Financial Impact Analysis, prepared by Hemson Consulting
Ltd. were presented at the February 25, 2008 General Purpose and Administration
Committee through Report FD-007-08.
7.0 ZONING BY-LAW
7.1 Within the Comprehensive Zoning By-law 84-63, as amended, both of the subject
properties are zoned "Agricultural Exception (A-1) Zone". A Zoning By-law amendment
is required in order to implement the proposed plan of subdivision.
8.0 SUMMARY OF BACKGROUND STUDIES
8.1 The following documents in support of the Official Plan Amendment, Neighbourhood
Design Plan and both draft Plans of Subdivision were received:
• Phase 1 Environmental Site Assessments,
• Environmental Impact Study,
• Hydrogeological Analysis, Archaeological Assessments,
• Functional Servicing Report.
These studies were summarized in staff's report respecting the proposed Official Plan
Amendment being PSD-137-07.
The findings of the Financial Impact Study were presented to Council in Report FD-007-
08-08. The Neighbourhood Design Plan was presented to Council through Report PSD-
026-08.
9.0 PUBLIC MEETING AND SUBMISSIONS
9.1 A joint Public Meeting for all of the subject applications was held on May 22, 2007.
9.2 A number of area residents expressed concerns and provided comments on the
proposed development. Their concerns/comments are summarized below:
899004
REPORT NO.: PSD-037-08 PAGE 7
• Proposed lots adjacent to Rebecca Court should be a minimum of 18m wide;
• Proposed homes on lots adjacent to Rebecca Court should be not more than
two storeys and all brick, any structure two storeys or more should be at least
500 metres away from existing properties on Rebecca Court;
• Existing fencing along the property line between proposed lots and existing
properties on Rebecca Court should be replaced to prevent shortcuts to
Liberty Street;
• Development will increase traffic volumes on major roads in Bowmanville;
• Development will increase noise levels and crime rates;
• Deleting school sites means that children will have to be bussed outside of
their community to attend schools;
• Development will have an impact on wells in the area;
• Development will affect water pressure in the Rills of Liberty; and
• Balanced growth at non-residential to residential assessment ratio 25:75 is
not being achieved in the municipality, nor is 1 job for every 3 residents being
achieved.
9.3 These concerns will be addressed in Section 11 of this report.
10.0 AGENCY COMMENTS
10.1 The applications for the plan of subdivision and rezoning were circulated to various
agencies and other departments for comment.
10.2 Clarington Operations has reviewed the applications and provided comments with
respect to the stormwater management plan. In addition, all parking including bus pick-
up and vehicular traffic must be accommodated within the school site. Parking will not
be allowed on the street. Lots adjacent to the Kemp homestead may be frozen or a
temporary turning circle required to accommodate winter maintenance.
10.3 Clarington Engineering has reviewed the subject applications and provided the following
comments.
• Appropriately sized sight triangles for all road intersections are shown on the
draft plan. A 5.0 metre road widening is shown on Concession Road 3 and a 5.0
metre widening is shown on Middle Road.
• Temporary turning circles will be required adjacent to the Kemp Homestead. All
temporary dead end streets must provide sufficient width to accommodate a
temporary turning circle.
• Phasing of the subject draft plan will be restricted by the number of external
accesses available. Full development of the draft plan will require all external
accesses to be constructed.
899005
REPORT NO.: PSD-037-08 PAGE 8
• Development cannot proceed until such time as the Municipality has approved
expenditure of funds for the provision of the urbanization and reconstruction of
Concession Road 3 and Middle Road including sidewalks and street illumination
as well as entrance works or services which have been included in the
Municipality's Development Charges By-law and have been deemed necessary
by the Director of Engineering Services.
• The Engineering Department is requiring that a Preliminary Stormwater
Management Report be completed in order to determine the size and location of
the stormwater management facility. The Department is also requiring a
Preliminary Lot Grading and Drainage Plan that demonstrates that all lots and
blocks can be graded in accordance with Municipal criteria. These shall be
provided prior to final approval.
10.4 The Region of Durham commented on the proposed subdivisions with respect to provincial
plan responsibilities, and the proposed method of servicing, and transportation.
The applications have been screened in accordance with the terms of the provincial
plan review responsibilities. A Phase 1 Environmental Site Assessment for both the
Kemp and Carruthers lands identified potential impacts from insecticides used on the
apple farm therefore a Record of Site Conditions is required by the Region of Durham.
The Soper Creek tributaries traverse the north eastern limit of the Northglen East area.
This area is identified as having high archeological potential. An Archeological
Assessment is required to be forwarded to the Ministry of Culture.
Durham Transit provided comments advising there is transit service currently provided
on Scugog Street. Regional Road No. 57, Concession Road 3 and Middle Road will be
designated for future transit service to serve the Northglen Neighbourhood and the
surrounding areas. They requested that the following be addressed through the
approval process:
• To protect for future transit stops with shelters and hard surface platforms
within the public road allowance on Regional Road No. 57, Concession Road
3 and Middle Road at intersections of collector roads into the development
and at other proposed public walkways providing access to the arterial roads;
• That Street 'A', Street `8', Street 'C', Street `D'and Street T be designated for
future transit service to address operational concerns and to provide
adequate coverage ensuring effective service delivery standards are met; and
• To protect for future transit stops with shelters and hard surface platforms
within the public road allowances at intersections of same internal collectors
designated for transit service.
Regional Works provided the following comments:
■ Municipal water supply to the Northglen Neighbourhood area is available from the
existing 600 mm feedermain on Middle Road and from the extension of a 300 mm
watermain on Concession Road 3 from Lunney Crescent to North Scugog Court
and Liberty Street.
899006
REPORT NO.: PSD-037-08 PAGE 9
• Sanitary sewer servicing to the Northglen East area will require the extension
of a 450 mm sanitary sewer on Middle Road from Bons Avenue northerly to
the subject site.
• Many revisions to the Traffic Impact Study are required to reflect the Region's
issues with respect to volume projections and future intersection
improvements.
• The developer will be required to construct improvements at Regional Road
intersections including auxiliary lanes at Concession Road 3 and Liberty
Street.
10.5 Central Lake Ontario Conservation Authority has offered no objection to the applications
and provided conditions of draft approval. In addition to the standard conditions, the
Authority has requested detailed plans and reports to demonstrate how the
development will proceed with respect to the recommendations in the Hydrogeologic
Report, prepared by Geo-Logic, and the Environmental Impact Study and Tree
Preservation Plan prepared by Niblett Environmental Associates.
10.6 The Peterborough Victoria Northumberland and Clarington Catholic District School
Board offered no objection provided the Owner enter into a written agreement for the
future acquisition of the school site, to the satisfaction of the School Board. The
agreement shall, among other matters, provide for the levelling, rough grading and
seeding of Block 296, the provision of all municipal services to the site, and the
installation of a 1.8 metre high chain link fence on the perimeter of Block 296 where it
abuts proposed or existing residential lands, to the satisfaction of the Peterborough,
Victoria Northumberland and Clarington Catholic District School Board.
11.0 STAFF COMMENTS
11.1 The applicant's two parcels subject to these applications equal to approximately 22% of
the land within the Northglen Neighbourhood. They have submitted one joint
application for rezoning and one joint application for draft plan of subdivision.
11.2 Public Submissions
In response to the public submissions as they are related to Northglen East, the
following information is presented:
Residents of Rebecca Court
The residents on Rebecca Court have expressed concerns with the lot size and form of
housing adjacent to the rear yards, as well as the potential for trespassing through their
rear yards. The draft plan has been revised, placing 18.0 metre (60 foot) lots abutting
the rear lots on Rebecca Court, for single detached dwellings. The developer is required
through the conditions of draft approval to provide upgraded architectural style, exterior
899007
REPORT NO.: PSD-037-08 PAGE 10
finishes and detailing for all building elevations for these homes. The developer will
also be required to provide 1.8 metre privacy fencing along the rear lot line of the
proposed lots.
The transition of new development adjacent to existing was recently raised as an issue.
In addition, the residents have requested that homes be restricted to one storey within
500 metres of Rebecca Court. The Rills of Liberty was approved as an estate
residential development outside the urban area for Bowmanville in December 1980. It
was incorporated into the Urban Area in the 1991 Region of Durham Official Plan, as
were the subject lands. As such, denser urban forms are permitted. To address the
residents concerns the lot widths have been increased to 18.0 metres and rear yard
depths have been increased to 8.5 metres from 7.5 metres but staff cannot support
restricting housing style to one storey. This would effect almost all the lots within the
plan of subdivision. Given that the majority of the lot fabric are 10, 11 and 12 metres in
size, an adequate house size cannot be accommodated on these parcels.
Water Pressure
Water pressure on Rebecca Court will not be affected as a result of this development,
because water services will be provided from the watermain off of Middle Road. It is
likely that the residents experienced a drop in water pressure when the supply was
changed to lake-based water services.
Traffic Issues
Traffic reports in support of this application have been submitted to the Municipality of
Clarington and the Region of Durham Works Department. The reports assess the
impact of this development on local and regional roads in Bowmanville and determine
what improvements are required to support this new neighbourhood, now and over
time. Both agencies are satisfied that the road network and proposed improvements
can adequately accommodate the traffic generated from this development.
Deleting School Sites
One public elementary school symbol and one public secondary school symbol were
deleted from the Northglen Neighbourhood through Amendment No. 59. The Kawartha
Pine Ridge District School Board deemed that only one Public elementary school site
was necessary to serve the students in this neighbourhood. Both school boards are
satisfied that the students generated from the development can adequately be
accommodated in existing and future schools. Staff cannot provide comment on the
board's policies regarding bussing of students.
Increase Levels of Noise and Crime
The Northglen Neighbourhood is located within the urban area boundary of
Bowmanville and adjacent residents who enjoy a rural type lifestyle will experience
changes as development proceeds in this neighbourhood. Staff cannot provide
comment with respect to increased crime.
899008
REPORT NO.: PSD-037-08 PAGE 11
Balanced Growth
The Official Plan sets targets for balanced growth at non-residential to residential
assessment ratio of 25:75 to be achieved by 2016 and 1 job for 3 residents to be
achieved by 2016. Although the residential portion of the assessment ratio is currently
higher with growth in retail sectors of our community and new initiatives such as the
Energy Park, the municipality is attempting to provide opportunities to achieve an
increase in non-residential assessment and jobs for residents.
11.3 Phasing and Costs Associated with the Development
11.3.1 Development of the Northglen Neighbourhood does not align with the Municipality's
infrastructure financing and timing assumptions as contained in the Development
Charges Background Study 2005. This study anticipated development of portions of the
neighbourhood not to occur until 2015 or beyond. Works that are required for this
development to proceed at this time include the following:
i) Reconstruction of Concession Road 3 from Middle Road to Liberty Street;
ii) Reconstruction of Middle Road from Concession Road 3 to the north limit of
the urban area boundary;
iii) Installation of street lighting and sidewalks on Concession Road 3;
iv) Installation of street lighting and sidewalks on Middle Road;
v) storm sewer and full urbanization of Scugog Street south of Concession
Road 3; and
vi) Parks and trail development.
The Municipality of Clarington undertook a Financial Impact Study for this development
along with four others in Bowmanville and Newcastle Village. A report on that study
was presented to Committee and Council in February 2008. In consideration of the
recommendations proposed through the Financial Impact Study. The Northglen
Landowners Group presented a proposal to contribute to the construction of some
infrastructure works to address the impact of allowing the plan of subdivision to proceed
at this time. Staff have met with the Landowners Group to determine which works are
required and the timing of those works, based on a phasing plan to be approved by the
Directors of Engineering Services, Planning Services and Finance. As a condition of
draft approval, staff are requiring that parkette (Block 299) be included within the limits
of the registration of Phase 1 and be constructed 100% at the expense of the Owners.
In addition the Owner shall be 100% responsible for the detailed park concept plan,
park construction drawings and specifications, all to be approved by the Director of
Engineering Services. The park shall be commenced upon issuance of the 151St
building permit in Phase 1.
11.3.2 In order for the first phase of development to proceed the developers will pay 100% of
the cost to construct interim road improvements on Concession Road 3, including where
required, left turn lanes from Middle Road, east along the entire frontage of the
development and provision for pedestrian access on Concession Road 3.
899009
REPORT NO.: PSD-037-08 PAGE 12
11.4 Red-line Revision
11.4.1 The draft plan of subdivision requires red-line revisions by providing a 4.0 metre
landscape strip along the frontage of the medium density block (Block 295) along
Concession 3 Road. This will balance the landscape treatment along Concession Road
3 with that shown on the draft plan S-C 2007 -0004 which was provided to allow for a
grade transition from Concession Road 3 to the lots and streets in that draft plan.
11.4.2 Block 295 is a medium density block that will be subject to site plan approval. The plan
illustrated four (4) blocks (291-294) of on-street townhouses on the east boundary of
this block. The plan shall be red-line revised to meld the five (5) blocks together to
allow for the most flexibility in designing a development proposal for these lands.
11.4.3 Block 298 is identified as a parkette. It is a 0.113 ha (0.28 acre) irregular shaped parcel
between the open space block and Street "D". This block shall be revised to an Open
Space Block.
11.5 Cultural Heritage
There is a secondary heritage structure located at 3187 Middle Road. This property is
not within the subject draft plan of subdivision. However, the underlying lot fabric has
been identified and the existing dwelling can be incorporated into future development of
this area. The proposed lotting pattern requires demolition of the garage that was more
recently added to the house, for future road connection.
11.6 Tax Status
The Finance Department advises that the taxes for the subject property have been paid
in full.
12.0 RECOMMENDATIONS
12.1 The applications have been reviewed in consideration of the comments received from
area residents, the circulated agencies, the Region and Clarington Official Plan and
Zoning By-law. The conditions have been reviewed by the applicant. In consideration of
the comments contained in this report, Staff respectfully recommend the proposed plan
of subdivision as contained on Attachment 2 be APPROVED subject to the Conditions
of Draft Approval as contained in Attachment 3 and that the rezoning as contained in
Attachment 4 be APPROVED.
Attachment:
Attachment 1 - Key Map
Attachment 2 - Proposed Draft Plan of Subdivision
Attachment 3 - Conditions of Draft Approval
Attachment 4 - Zoning By-law Amendment
Attachment 5 - By-law Authorizing Subdivision Agreement
899010
REPORT NO.: PSD-037-08 PAGE 13
List of interested parties to be advised of Council's decision:
Mike Dome
Dave and Janet Passant Cindy Craig Murdoch
Rick and Donna McCreary Hielka Holkema
Mike and Caroline Dodds Glenn Genge
Peter and Heather Abramczuk Wendy Busuttil
Gord and Rosemary Baker Hannu Halminen
Grant Martin Baysong Developments Inc
George and Cheryl Strilchuk Kirk & Douglas Kemp
Dominick and Angela Forsellino Bob and Patsy Carruthers
Kurt and Sylvia Graichen Kevin Tunney
Ardyth Korte Rick James
Sernas Associates Ron & Ann Reitsma
Reverend Gordon Belyea Tammie McGann
Florence Cinquemani
899011
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899013
Attachment 3
To Report PSD-037-08
CONDITIONS OF DRAFT APPROVAL
S-C-2007-0005 (Northglen East)
March 25, 2008
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision S-C-2007-0005 prepared by Tunney Planning Inc. identified as Project Number
TUN 553-1, original submission dated February, 2006, and as revised in February 2007
and further red-lined revised, which illustrates 364 residential units consisting of 290 single
detached dwellings, 19 street townhouse units, 55 block townhouse units and blocks for a
separate elementary school, two (2) parks, open space, road widenings, and 0.3 metre
reserves. The red-line revisions shall include:
i) a 4.0 metre wide landscape strip abutting Concession Road 3 for the full length
of Blocks 294 and 295 be added;
ii) that Blocks 291-295 inclusive be melded into one block;
iii) that Blocks 298 and 302 be identified as Environmental Protection Area; and
iv) that the lot between Lot 246 and Block 298 be revised to a straight line.
FINAL PLAN REQUIREMENTS
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction of the
Regional Municipality of Durham and the Municipality of Clarington.
4. The Owner shall convey a 5.00 metre road widening (Block 311), across the entire
frontage of the draft plan to the Municipality of Clarington for the purpose of widening
Concession Road 3.
5. The Owner shall convey a 3.00 metre road widening (Blocks 312 & 313), across the entire
frontage of the draft plan to the Municipality of Clarington for the purpose of widening
Middle Road.
6. The Owner shall convey a 14.0 metre x 14.0 metre sight triangle at the corners of
Concession Road 3 and Middle Road to the Municipality of Clarington.
7. The Owner shall convey 14.0 metre X 7.0 metre sight triangles at all intersections where
arterial roads (Concession Road 3 and Middle Road) intersect with local and collector
roads.
8. The Owner shall terminate any dead ends and/or open sides of road allowances created
by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington.
899014
9. The Owner shall convey the 0.3 metre reserve shown as Blocks 303, 304, 305, 306, 307,
308, 309 and 310 on the draft plan, to the Municipality of Clarington.
10. That all land dedications, easements, sight triangles and reserves as required by the
Municipality for this development must be granted to the Municipality free and clear of all
encumbrances and in a form satisfactory to the Municipality's Solicitor.
11. The Owner will be required to provide temporary turning circles at the end of Street "F" and
Street "G" to the satisfaction of the Director of Engineering Services. The number of lots
to be frozen and additional easements for snow storage will be at the discretion of the
Director of Engineering Services.
12. The Owner shall provide a 4.0 metre landscaped strip along the entire frontage of Block
295 and Block 294 as redlined on the draft plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
13. The subdivision shall be developed in phases by more than one registration. The Owner
shall submit plans showing the proposed phasing to the Directors of Engineering Services,
Planning Services and Finance for approval. Block 299 shall be included within the limits
of the registration of Phase 1. Furthermore, the Owner agrees to incorporate Block 296,
Separate Elementary School Block, including adequate frontage for appropriate access
should, the Peterborough Victoria Northumberland Clarington Catholic District School
Board, deem that the block is necessary prior to registration of the phase in which these
lands are situated. A copy of the Plan shall be provided to the Region of Durham Works
Department.
14 The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area
municipal approval of the zoning for the land uses shown on the approved draft plan in
accordance with the provisions of the Planning Act.
15. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of Planning
Services for review and approval. The Landscaping Plan shall reflect the design criteria of
the Municipality as amended from time to time.
16. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this plan has been
approved except as authorized by the Municipality.
17. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall
be satisfied that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
18. Prior to the development of any phase which accesses Concession Road 3, the Owner
shall complete a Traffic Control Study to the satisfaction of the Director of Engineering
Services, which analyzes the need for left turn lanes at each intersection on Concession
Road 3 and recommend how left turn lanes would be implemented. Any works deemed
899015
necessary by the Director of Engineering Services shall be undertaken at 100% cost to the
Owner.
19. The Owner shall prepare a Internal Traffic Impact Study to assess the traffic movements
within the Plan of Subdivision and identify areas where traffic calming may be required.
The study shall recommend the appropriate measures to be used, such as textured
asphalt, bump outs or landscaping measures. This study shall be prepared to the
satisfaction of the Director of Engineering Services and Director of Planning Services.
20. The Owner shall prepare and submit an Environmental Sustainability Plan for approval by
the Director of Planning Services and the Director of Engineering Services. The Plan shall
be consistent with the recommendations of the Environmental Sustainability Plan to be
prepared by the Owner for Plan of Subdivision S-C-2007-0004. This plan must be
approved by the Municipality of Clarington, and shall identify specific measures on how
development in Plan S-C 2007-0005 will ensure the protection, conservation and
enhancement of air, water, and ecological features and functions, energy and other
resources and heritage resources. As a minimum, the report shall address;
i) Energy conservation measures for new homes, such as the construction and
operation of new residential building to a minimum rating of 80 in accordance
with Natural Resources Canada "EnerGuide for New Houses" or equivalent
certification system.
ii) Water conservation measures for new homes such as the Water Sense
program;
iii) Use of environmentally friendly materials or finishes in the dwellings; and
iv) The preparation of a community education hand book on the environmentally
sensitive areas in the neighbourhood.
21. The Owner shall prepare a Community Theme and Urban Design Implementation Plan, to
the satisfaction of the Director of Planning Services and Director of Engineering Services.
This Plan shall confirm and control intended pattern of development in the Northglen
Neighbourhood. This plan shall be consistent with the approved plan prepared by the
Owner of the Plan of Subdivision S-C 2007-0004. The Plan shall include the proposed
network of roads, transit, pedestrian and bicycle routes, the location of specific features,
sites and residential lots within the neighbourhood such as corner lots, and T-
intersections that require specific lot and building placement, orientation and architectural
features, design concepts for community theming including gateway treatments,
landscape treatments, lighting fixtures, fencing details and related design issues for the
overall design, location and configuration of trails and open space buffers.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
22. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to
abide by all terms and conditions of the Municipality's standard subdivision agreement.
23. The phasing of this draft plan will be restricted by the number of external accesses and the
external capital works which have been approved by Municipal Council. Full development
of the draft plan will require all external accesses to be constructed. The specific lots
899016
available for building permits in any single phase of the development will be at the
discretion of the Director of Engineering Services.
24. The Owner agrees to construct, in conjunction with Phase 1, the following works at 100%
the Owners cost, as directed by and to the satisfaction of the Director of Engineering
Services:
i) interim road improvements on Concession Road 3, including but not limited
to, left turn lanes where required and asphalt overlay from Middle Road to
Liberty Street;
ii) intersection illumination at Street "A", and Concession Road 3; and
iii) provision for pedestrian access on Concession Road 3 from Middle Road to
Liberty Street.
25. The Owner acknowledges that much of the draft plan of subdivision is premature.
Development cannot proceed until such time as the Municipality has approved the
expenditure of funds for the provision of the certain works for this draft plan or external
works or services in its capital budget and which have been included in the Municipality's
Development Charges By-law and deemed necessary by the Director of Engineering
Services and Director of Finance, to service this development. These include but are not
limited to:
i) Reconstruction of Concession Road 3 from Middle Road to Liberty Street to a
full urban section, including curb, gutter, storm sewer, granular base and
asphalt base and service course;
ii) Reconstruction of Middle Road from Concession Road 3 to the north limit of
the urban area boundary to a full urban section, including curb, gutter, storm
sewer, granular base and asphalt base and service course;
iii) Installation of street lighting and sidewalks on Concession Road 3;
iv) Installation of street lighting and sidewalks on Middle Road;
v) Storm sewer on Scugog Street south of Concession Road 3 to Bons Avenue
and urbanization of Scugog Street from Concession Road 3, to the north limit
of the existing urbanization to a full urban section, including curb, gutter,
storm sewer, granular base and asphalt base and service course; and
vi) park development.
26. Should the Owner wish to proceed in advance of the approval by Council of the
Municipality of Clarington for the expenditures for any works required by the Director of
Engineering Services to facilitate development, the Owner shall pay 100% of the cost of all
required works, to the satisfaction of the Director of Engineering Services and Director of
Finance.
27. The Owner is responsible for 100% of the cost of any oversizing of municipal infrastructure
deemed necessary to service the development to the satisfaction and at the request of the
Director of Engineering Services. Oversizing includes but is not limited to:
• Left turn lanes on Concession Road 3;
• Storm sewer oversizing on Concession Road 3 and Middle Road; and
899017
• Increased depth of storm sewer invert on Concession Road 3 and Middle
Road.
The Owner will be required to provide securities in the amount of 100% of the cost of
oversizing based on the construction cost estimate. The securities must be submitted in a
form satisfactory to the Director of Finance and Director of Engineering Services prior to
registration of the first phase.
The difference, if applicable, between the cost estimate and the as-built cost of the
oversizing will be 100% the responsibility of the Owner.
28. The Owner shall convey Blocks 297 and 299 to the Municipality of Clarington for park or
other public recreational purposes in accordance with the provisions of the Planning Act.
Alternatively, the Municipality may accept cash-in-lieu of such conveyance. The Owner
shall convey Blocks 298, 300, 301 and 302 for open space purposes.
29. For the purpose of the development of Block 299, the Owner agrees to construct the park
in its entirety. The Owner shall retain a qualified Landscape Architect to undertake the
preparation of a detailed park concept plan, followed by the preparation of park
construction drawings and specifications all to be approved by the Director of Engineering
Services. The park construction drawings shall clearly indicate all park grading, equipment
and facilities. Park facilities to be included in Block 299 shall include, but not be limited to;
• traditional playground with equipment suitable for junior and senior age children
• hard surface play court (i.e. basketball, ball hockey)
• shade structure
• park furniture such as benches, picnic tables, waste containers, bike racks as
appropriate
• pa ed walkways connecting various park features to surrounding streets
• w=ay lighting
• tree and shrub planting as appropriate
• park sign
• park entirely sodded
30. The Owner agrees for the purpose of Block 297 parkland development shall be consistent
with the local service as defined in the Development Charges By-law as amended from
time to time, which includes the requirement for the Owner to undertake the preparation of
a detailed park concept plan including proposed grading to demonstrate that the proposed
park size, configuration and topography will allow for the construction of park facilities to
the satisfaction of the Municipality. In addition the Owner is required to provide the park site
graded in accordance with the park concept plan including stormwater servicing. The park
site must be fenced and seeded with a minimum cover of 200mm of topsoil.
31. The owner agrees to commence construction of the park Block 299 at the issuance of 151St
building permit. The Owner agrees to complete the park construction in accordance with
the approved construction drawings and specifications prior to the issuance of the 200th
building permit.
899018
32. The Owner shall be 100% responsible for the construction of a pedestrian trail through
Blocks 298, 300, 301 and 302 to the satisfaction of the Director of Engineering Services.
33. The Owner shall be 100% responsible for the costs of landscaping the 4.0 metre
Landscape Strip (red-lined on Block 294 and 295) in keeping with the approved
Landscape Plan.
34. The Owner agrees that development of Block 291 to 295 cannot proceed until such time
as the Owner has entered into a Site Plan Agreement with the Municipality of Clarington
for the development of this Block.
35. The Owners shall be 100% responsible for the cost of preparing Architectural Design
Guidelines specific to this development, as well as 100% of the cost for the control
architect to review and approve all proposed models and building permits, to the
satisfaction of the Director of Planning Services.
36. The Owner agrees that no residential units shall be offered for sale to the public on said
plan until such time as the architectural control guidelines and the exterior architectural
design of each building has been approved by the Control Architect and the Director of
Planning Services.
37. The Owner agrees that all residential units situated on Lots 226 to 245 inclusive, shall be
of a high quality architectural style and finishes on all building elevations. The side and the
rear elevations shall have a high level of quality and detailing consistent with the front
elevation of the dwelling. These include, but are not limited to exterior finishes, exterior
colours, windows and doors and architectural features.
38. The owner shall implement a rear yard planting program for all lots in accordance with the
guidelines to be established or terms approved by the Municipality.
39. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
40. The Owner shall retain a professional engineer to prepare and submit a Master Drainage
and Lot Grading Plan to the Director of Engineering Services for review and approval. All
plans and drawings must conform to the Municipality's Design Criteria as amended from
time to time.
41. The Owner agrees to provide detailed house siting plans during the detailed engineering
submission, for approval by the Director of Engineering Services, that illustrates proposed
driveways onto public roads.
42. All works shall be constructed in accordance with the Municipality of Clarington standards.
43. The Owner shall cause all utilities, including, hydro, telephone, Cable N, etc. to be
buried underground.
44. That prior to the issuance of building permits, access routes to the subdivision must be
provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all
899019
watermains and hydrants are fully serviced and the Owner agrees that during construction,
fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code,
storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning
as per Subsection 2.6.3.4 of the Ontario Fire Code.
45. The Owner shall be 100% responsible for the costs of installing privacy fencing a minimum
of 1.8 metres high, at the rear of Lots 226 to 245 inclusive. The fencing details shall be
approved by the Director of Engineering Services and the Director of Planning Services.
46. The Owner shall install a 1.5 metre chain-link property line fence between the boundaries
of:
• Block 300 and Lots 245 to 250 inclusive and Lot 279; and
• Block 301 and Lots 279 and 280;
47. The Owner shall install a 1.8 metre property fence between the boundary of:
• Block 296 and Lots 281 to 290 inclusive;
• Block 297 and Lots 280 and 281; and
• Block 299 and lots 23,24,173 and 174.
48. The Owner shall construct appropriate fencing on the east limit of Block 300 to the
satisfaction of the Director of Engineering Services and Central Lake Ontario Conservation
49. The Owner shall construct a post and wire fence on the north limit of Blocks 300 to 301.
50. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist
Report to the Director of Planning Services to demonstrate that the proposed development
will not adversely impact the existing wells in the surrounding areas.
51. The Owner agrees that where the well or private water supply of any person is interfered
with as a result of the subdivision, the Owner shall at his expense, either connect the
affected party to municipal water supply system or provide a new well or private water
system so that water supplied to the affected party shall be of quality and quantity at least
equal to the quality and quantity of water enjoyed by the affected party prior to the
interference.
52. Prior to final approval, the Regional Municipality of Durham shall be satisfied that any wells
on the property have been decommissioned in accordance with applicable Ministry of
Environment standards.
53. That the Owner shall provide the Municipality, unconditional and irrevocable, Letters of
Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee,
Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be
required by the Municipality.
54. That the Owner shall pay to the Municipality, the development charge in accordance to the
Development Charges by-law as amended from time to time, as well as payment of a
portion of front end charges pursuant to the Development Charges Act if any are required
to be paid by the Owner.
899020
55. Prior to final approval, the Owner is required to submit a signed Record of Site Condition
(RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the
Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region,
including an Acknowledgement of Receipt of the RSC by the MOE.
56. Prior to final approval, the proponent shall engage a qualified professional to carry out to
the satisfaction of the Ministry of Culture, an archaeological assessment of the entire
property and mitigate, through preservation or resource removal and documentation,
adverse impacts to any significant archaeological resources found. No demolition, grading
or other soil disturbances shall take place on the subject property prior to the Ministry of
Culture confirming that all archaeological resource concerns have been met including
licensing and resource conservation requirements.
57. Prior to any on-site grading or construction or final registration of the plan, the Owner shall
submit to, and obtain approval from the Municipality of Clarington, and the Central Lake
Ontario Conservation Authority for reports describing the following:
i) the intended means of conveying stormwater flow from the site, including use
of stormwater techniques which are appropriate and in accordance with the
provincial guidelines;
ii) the anticipated impact of the development on water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken;
iii) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
provincial guidelines. The report must outline all actions to be taken to prevent
an increase in the concentration of solids in any water body as a result of on-
site or other related works, to comply with the Canada Fisheries Act;
iv) Prior to any on-site grading and/or construction, the Owner shall submit for
review and approval, detailed plans and any associated reports, of the proposed
frog pond/wetland to be constructed within Block 301 in S-C- 2007-0005, in
accordance with the requirements of the EIS prepared by NEA, April 2007. This
feature shall be constructed prior to the elimination of the existing pond/wetland
feature located within the subject Plan of Subdivision; and
v) The Owner shall submit for review and approval phased grading plans as well as
proposed cut and fill drawings/plans for the subject site.
58. The Owner shall submit appropriate detailed drawings and reports which indicate how
development of the site meets the conclusions and recommendations outlined in Section 6.0
of the Hydrogeologic Investigation Report, as prepared by Geo-Logic, dated May 2005.
59. The Owner shall submit appropriate detailed drawings and reports which identify and indicate
how development of the site meets the recommendations of the Environmental Impact Study,
prepared by Niblett Environmental Associates, dated April 2007 as well as the Tree
Preservation Plan, prepared by Niblett Environmental Associates, dated April 2007.
899021
60. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation
Authority. This shall include application processing fees and technical review fees as per the
Approved Authority Fee Schedule.
61. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
i) The Owner agrees to carry out the works to the satisfaction of the Central Lake
Ontario Conservation Authority.
ii) The Owner agrees to maintain all stormwater management and erosion and
sedimentation control structures operating and in good repair during the
construction period, in a manner acceptable to the Central Lake Ontario
Conservation Authority.
iii) The Owner agrees to advise the Central Lake Ontario Conservation Authority, 48
hours prior to the commencement of grading or the initiation of any on-site works.
The Owner agrees to furnish to the Central Lake Ontario Conservation Authority, a copy of
the fully executed subdivision agreement with the Municipality.
62. The Owner shall enter into a written agreement with the Peterborough Victoria
Northumberland and Clarington Catholic District School Board which provides for the
future acquisition of the school site, as shown as Block 296 on the draft plan, to the
satisfaction of the School Board. The agreement shall, among other matters, provide for
the leveling, rough grading and seeding of Block 296, the provision of all municipal
services to the site, and the installation of a 1.8 metre high chain link fence on the
perimeter of Block 296 where it abuts proposed or existing residential lands, to the
satisfaction of the Peterborough, Victoria Northumberland and Clarington Catholic District
School Board.
63. The Owner shall submit to the Municipality of Clarington and Regional Municipality of
Durham, for review and approval, an updated noise report, based on the preliminary Noise
Impact Study, prepared by Sernas Associates, Project no. 88239G. The study shall be
based on projected traffic volumes provided by the Durham Region Planning Department
and recommend noise attenuation measures for the draft plan in accordance with the
Ministry of the Environment guidelines. The Owner shall agree in the Municipality of
Clarington subdivision agreement to implement the recommended noise control measures.
The agreement shall contain a full and complete reference to the noise report (i.e. author,
title, date and any revisions/addenda thereto) and shall include any required warning
clauses identified in the acoustic report. The Owner shall provide the Region with a copy of
the subdivision agreement containing such provisions prior to final approval of the plan.
64. The Owner is to coordinate the preparation of an overall utility distribution plan to the
satisfaction of all affected authorities.
65. The Owner shall grade all streets to final elevation prior to the installation of the gas lines
and provide the necessary field survey information required for the installation of the gas
lines, all to the satisfaction of Enbridge Gas Distribution.
899022
66. All of the natural gas distribution system will be installed within the proposed road
allowances therefore easements will not be required.
67. The Owner is hereby advised that prior to commencing any work within the Plan, the
Owner must confirm that sufficient wire-line communication/telecommunication
infrastructure is currently available within the proposed development to provide
communication/telecommunication service to the proposed development. In the event that
such infrastructure is not available, the'Owner is hereby advised that the Owner may be
required to pay for connection to and/or extension of the existing
communication/telecommunication infrastructure. If the Owner elects not to pay for such
connection to and/or extension of the existing communication/telecommunication
infrastructure, the Owner shall be required to demonstrate to the municipality that sufficient
alternative communication/telecommunication facilities are available within the proposed
development to enable, at a minimum, the effective delivery of the
communication/telecommunication services for emergency management services (i.e., 911
Emergency Services).
68. The Owner shall agree in words satisfactory to Bell Canada to grant Bell Canada any
easements that may be required for telecommunications services. Easements may be
required subject to final servicing decisions. In the event of any conflict with existing Bell
facilities or easement the owner/developer shall be responsible for the relocation of such
facilities or easements.
69. The Owner shall provide for the extension of such sanitary sewer and water supply
facilities which are external to, as well as within, the limits of this plan that are required to
service this plan. In addition, the Owner shall provide for the extension of sanitary sewer
and water supply facilities within the limits of the plan which are required to service other
developments external to this subdivision. Such sanitary sewer and water supply facilities
are to be designed and constructed according to the standards and requirements of the
Regional Municipality of Durham. All arrangements, financial and otherwise, for said
extensions are to be made to the satisfaction of the Regional Municipality of Durham, and
are to be completed prior to final approval of this plan.
70. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the provision and
installation of sanitary sewers, water supply, roads and other regional services.
71. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
i) The Owner agrees to include provisions whereby all offers of purchase and
sale shall include information that satisfies Subsection 59(4) of the
Development Charges Act.
ii) The Owner agrees that no filling, grading or alteration to the water course shall
occur on the property without the prior written approval of the Conservation
Authority.
899023
iii) The Owner agrees to place the following in all agreements of purchase and
sale between the Developer and all prospective home buyers:
"Students from this area may have to attend existing schools. Although a
school site has been reserved within this plan of subdivision; a school may not
be built for some time, if at all, and then only if the Ministry of Education
authorizes funding and construction of this required school."
iv) Owner agrees to implement those noise control measures recommended in
the Noise Report.
72. Prior to final approval of this plan for registration, the Director of Planning Services for the
Municipality of Clarington shall be advised in writing by:
i) Regional Municipality of Durham, how Conditions 3, 13, 17, 52, 55, 63, 69 and
70 have been satisfied;
ii) Central Lake Ontario Conservation, how Conditions 48, 57, 58,59, 60 and 61
have been satisfied;
iii) Peterborough Victoria, Northumberland and Clarington Catholic District
School Board how Conditions 62 has been satisfied;
iv) Enbridge Gas Distribution Inc. how Conditions 65, 66 have been satisfied;
v) Bell Canada , how Conditions 67 and 68 have been satisfied; and
vi) Ministry of Culture, how Condition 56 has been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval date, and
no extensions have been granted, draft approval shall lapse and the file shall be
CLOSED. Extensions may be granted provided valid reason is given and is submitted to
the Director of Planning Services for the Municipality of Clarington well in advance of the
lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions
of draft approval in an expeditious manner. The conditions of draft approval will be
reviewed periodically and may be amended at any time prior to final approval. The
Planning Act provides that draft approval, may be withdrawn at any time prior to final
approval.
3. All plans of subdivision must be registered in the Land Titles system within the Regional
Municipality of Durham.
899024
4. Where ' agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in order to
facilitate their clearance of conditions for final approval of this plan. The addresses and
telephone numbers of these agencies are:
i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, LIH 3T3 (905) 579-0411.
ii) Peterborough, Victoria, Northumberland and Clarington Catholic District
School Board, 1355 Lansdowne Street West, Peterborough Ontario K9J 7M3
iii) Regional Municipality of Durham, 605 Rossland Road East, 4th Floor
Whitby Ontario LIN 6A3
iv) Enbridge Gas Distribution Inc. 500 Consumers Road, North York, Ontario,
M2J 1 P8
v) Bell Canada, Development and Municipal Services Control Centre, Floor 5,
100 Borough Drive, Scarborough Ontario M1 P 4W2
vi ) The Ministry of Culture, Cultures Program Unit, 400 University Avenue
Toronto, Ontario M7A 2R9
899025
Hciachment 4
To Report PSD-037-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
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 Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2007-0016;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule 12.2 "SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE (R1)
ZONE"is hereby amended by adding new Special Exceptions as follows:
"SECTION 12.4.70 URBAN RESIDENTIAL EXCEPTION (R1-70)ZONE
Notwithstanding Sections 12.1 a); 12.2 a); b); c); d) i, ii), iii); f) and i) ii) those
lands zoned R1-70 on the Schedules to this By-law shall only be used for single
detached dwellings, subject to the following regulations:
a) Lot Area (minimum)
i) Interior 450 square metres
b) Frontage(minimum)
i) Interior 15.0 metres
ii) Exterior 18.3 metres
c) Yard Requirements(minimum)
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to front wall;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to front wall;
2.0 metres to porch
iii) Interior Side Yard 1.2 metres with private
garage or carport;
Without private garage
or carport 1.2 metres on one
side, 3.0 metres on the other
d) Lot Coverage(maximum)
i) Dwelling 40 percent
ii) Total of all buildings and structures 45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall.
899026
SECTION 12.4.71 URBAN RESIDENTIAL EXCEPTION (R1-71)ZONE
Notwithstanding Section 12.1 a); 12.2 a); b); c); d) i, ii), iii);f) and i) ii)those lands
zoned R1-71 on the Schedules to this By-law shall only be used for single-
detached dwellings, subject to the following regulations:
a) Lot Area (minimum)
i) Interior 540 square metres
b) Lot Frontage(minimum)
i) Interior 18.0 metres
ii) Exterior 21.3 metres
c) Yard Requirements(minimum)
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard 1.2 metres with private
garage or carport;
without private garage
or carport 1.2 metres on one
side 3.0 metres on the other
IV) Rear Yard 8.5 metres
d) Lot Coverage(maximum)
i) Dwelling 40 percent
ii) Total of Buildings and Structures 45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall.
2. Section 13.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE (R2)
ZONE"is hereby amended by adding thereto new Special Exceptions as follows:
"SECTION 13.4.53 URBAN RESIDENTIAL EXCEPTION (R2-53)ZONE
Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) those lands zoned
R2-53 on the Schedules to this By-law shall be subject to the following
regulations:
a) Lot Area(minimum) 300 square metres
b) Lot Frontage (minimum)
i) Interior Lot 10 metres
ii) Exterior Lot 13.3 metres
c) Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
899027
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or
carport 1.2 m on one side;
0.6 metres on the other side,
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d) Lot Coverage(maximum)
i) Dwelling 40 percent
ii) Total of all Buildings and Structures 45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40% of the
width of the house.
SECTION 13.4.54 URBAN RESIDENTIAL EXCEPTION (R2-54)ZONE
Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) and those lands
zoned R2-54 on Schedules to this By-law shall be subject to the following
regulations:
a) Lot Area (minimum) 330 square metres
b) Lot Frontage (minimum)
i) Interior Lot 11 metres
ii) Exterior Lot 14 metres
c) Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or
carport 1.2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d) Lot Coverage(maximum)
i) Dwelling 40 percent
ii) Total of all Building and Structures 45 percent
e) Garage.Requirements
i) `ill garage doors shall not be located any closer to the street line
than the dwellings front walls or exterior side wall or covered porch
projection.
899028
ii) The outside width of the garage shall be a maximum of 40% of the
width of the house.
SECTION 13.4.55 URBAN RESIDENTIAL EXCEPTION (R2-55)ZONE
Notwithstanding 13.2 a); c) i), ii), iii), e) and h) those lands zoned R2-55 on the
Schedules to this By-law shall be used subject to the following regulations:
a) Lot Area (minimum) 360 square metres
b) Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or
carport 1.2 m on one side,
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
c) Lot Coverage(maximum)
i) Dwelling 40 percent
ii) Total of all Building or Structures 45 percent
d) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall.
SECTION 13.4.56 URBAN RESIDENTIAL EXCEPTION (R2-56)ZONE
Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) those lands zoned
R2-56 on the Schedules to this By-law shall be subject to the following
regulations:
a) Lot Area (minimum) 450 square metres
b) Lot Frontage (minimum)
I) Interior Lot 13.5 metres
ii) Exterior 16.5 metres
c) Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
899029
iii) Interior Side Yard With private garage or
carport 1.2 m on one side,
0.6 metres on the other side;
Without private garage or 3.0 metres on
one side 0.6 metres on the other side
d) Lot Coverage(maximum)
i) Dwelling 40 percent
ii) Total of all Buildings and Structures 45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall.
"SECTION 14.6.31 URBAN RESIDENTIAL EXCEPTION (R3-31)ZONE
Notwithstanding Sections 3.16 i), iv); 14.1; 14.2; 14.3 a), b), c) i), ii), iii) 14.4 a),
14.4 b) 14.4 c) i), ii) iii); 14.4 g), and 14.4 h) those lands zoned R3-31 shall only
be used for an apartment building, link townhouse dwellings, stacked townhouse
dwellings, or street townhouse dwellings, subject to the following regulations:
a) For the purposes of this Section, the term
"Dwelling, Stacked Townhouse"
Shall mean one of a group of three or more dwelling units which are
separated vertically and/or horizontally, provided that each dwelling unit
has a separate entrance and fronts either on an improved public street or
on a private street.
b) Street Townhouse dwelling yards shall be permitted as follows:
i) Lot Area (minimum) 210 square metres
ii) Lot Frontage (minimum)
a) Interior Lot 7.0 metres
b) Exterior Lot 11.0 metres
iii) Front Yard a minimum width of 4.5 metres and a maximum width of
6.5 metres;
iv) Interior Side Yard 1.5 metre, except (i) where a building has a
common wall with a building on an adjacent lot located in the R3-24
zone, in which case no interior side yard is required, and (ii) where
the lot line is also the boundary of a different zone, in which case
an interior side yard of 4.5 metres wide is required;
V) Exterior Side Yard minimum width of 4.5 metres and a maximum
width of 6.5 metres;
vi) Rear Yard (minimum) 7.5 metres
vii) no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
c) Link townhouse dwellings or stacked townhouse dwellings shall be
permitted as follows:
i) Density(maximum) 45 units per ha
ii) Lot Area (minimum) 1.0 ha
899030
iii) Front Yard a minimum width of 4.5 metres and a maximum width of
6.5 metres;
iv) Interior Side Yard (minimum) 4.5 metres
V) Exterior Side Yard a minimum width of 4.5 metres and a maximum
width of 6.5 metres; and
vi) Rear Yard (minimum) 7.5 metres
vii) Building Height(maximum)
a) Link townhouse dwellings 10.5 metres
b) stacked townhouse dwellings 12.0 metres
viii) no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
d) the following stacked townhouse dwellings regulations shall be provided:
i) Dwelling Unit Area (minimum) 85 square metres
ii) Lot Coverage(maximum) 45 percent
iii) Landscaped Open Space (minimum) 40 percent
iv) Building Height(maximum) 12 metres
V) No parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
e) Apartment building shall be permitted as follows:
i) Density(maximum) 45 units per ha
ii) Lot Area (minimum) 1.0 ha
iii) Front Yard a minimum width of 4.5 metres and a maximum width of
7.5 metres
iv) Exterior Side Yard a minimum width of 4.5 metres and a maximum
width of 7.5 metres
V) Interior Side Yard (minimum) 7.5 metres
vi) Rear Yard (minimum) 7.5 metres
vii) Dwelling Unit Area (minimum)
a) Bachelor Dwelling Unit 40 square metres;
b) One Bedroom Dwelling Unit 55 square metres;
c) Two Bedroom Dwelling Unit 70 square metres; and
.d) Dwelling Unit Containing Three or more bedrooms 80 square
metres plus 7 square metres for each bedroom in excess of
three.
viii) Lot Coverage(maximum) 45 percent
ix) Landscaped Open Space(minimum) 40 percent
X) Building Height(maximum) 12 metres
899031
xi) no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
4. Schedule"1"to By-law 84-63 as amended, is hereby further amended by changing
the zone designation from:
"Agricultural Exception(A-1)"to"Environmental Protection(EP)"
"Agricultural Exception(A-1)"to"Urban Residential(R1)Zone"
"Agricultural Exception(A-1)"to"-Urban Residential Exception (R1-42)Zone"
"Agricultural Exception(A-1)"to"Holding-Urban Residential Exception ((H)R1-
70)Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R1-
71)Zone"
Agricultural Exception(A-1)"to"Holding- Urban Residential Exception ((H)R2-53)
Zone"
"Agricultural Exception (A-1)"to"Holding-Urban Residential Exception ((H)R2-54)
Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-
55)Zone"
Agricultural Exception(A-1)"to"Holding-Urban Residential Exception ((H)R2-56)
Zone"
"Agricultural Exception(A-1)"to"Holding-Urban Residential Exception ((H)R3-31)
Zone"
5. Schedule"A"attached hereto shall form part of this By-law.
6. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
899032
This is Schedule "A" to By-law 2008- ,
passed this day of , 2008 A.D.
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CONCESSION ROAD 3
Q Zoning Change From "A-1"To"EP" Zoning Change From "A-1"To"(H)R1-70"
®Zoning Change From"A-1"To"R1" o o a Zoning Change From "A-1"To"(H)R1-71"
®Zoning Change From "A-1"To"R1-42" Zoning Change From "A-1"To"(H)R2-53"
EM Zoning Change From "A-1"To"(H)R2-54"
® Zoning Change From "A-1"To"(H)R2-55"
Jim Abernethy, Mayor Zoning Change From "A-1"To"(H)R2-56"
Zoning Change From "A-1"To"(H)R3-31"
Patti L. Barrie, Municipal Clerk DARLINGTON 33
Attachment 5
To Report PSD-037-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to authorize entering into an agreement with the Owners of Plan
of Subdivision S-C-2007-0005 any Mortgagee who has an interest in the said
Lands, and the Corporation of the Municipality of Clarington in respect of S-C-
2007-0005
WHEREAS General Purpose and Administration Committee on March 31, 2008,
authorized the Director of Planning Services to issue draft approval for draft Plan of
Subdivision S-C-2007-0005 located in Part Lot 13, Concession 3, former Township of
Darlington and authorized the execution of a Subdivision Agreement with the Owner;
AND WHEREAS the Owner(s) of draft Plan of Subdivision S-C-2007-0005 desires to
proceed to final plan approval and to enter into a Subdivision Agreement with the
Municipality of Clarington;
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation's seal,
an agreement with the Owners of Plan of Subdivision S-C-2007-0005 at such
time as the Subdivision Agreement has been finalized to the satisfaction of the
Director of Engineering Services and the Director of Planning Services.
2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality, the conveyances of lands required pursuant to the aforesaid
Agreement.
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
899034
PUBLIC MEETING
arm n
Leading the Way
REPORT'
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday March 31, 2008 Resolution #:
Report#: EGD-011-08 File #: By-law#:
Subject: PROPOSAL TO CONVEY AN UNOPEN ROAD ALLOWANCE
SITUATED IN LOT 28, CONCESSION 5, FORMER TOWNSHIP OF
CLARKE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-011-08 be received;
2. THAT the unopen road allowance situated in Lot 28, Concession 5, Former
Township of Clarke be closed and declared surplus and that the road allowance
be conveyed to Mr. Dennis Ebbs, subject to the condition that an easement is
granted to Bell Canada;
3. THAT the applicant pays the appraised land value of $10,000.00 as well as all
legal and other financial costs associated with the creation of an easement in
favour of Bell Canada and with the proposed land transaction; and
4. THAT Mr. Dennis Ebbs be advised of Council's decision.
Respectfully ,
Submitted by: A.S. Cannella Reviewed by: Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/LJ B/jo
December 19, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
901
Report#EGD-011-08 Page 2
1.0 BACKGROUND
1.1 On March 5, 2007, Council approved the recommendations of Report EGD-028-
07. The Report recommended that a portion of a road allowance be legally
closed by by-law, declared surplus and conveyed into private ownership.
1.2 In accordance with the recommendations of Report EGD-028-07 the road
allowance was appraised by a certified appraiser for the value of$10,000.00.
1.3 Bell Canada has advised the Municipality that existing telephone utility services
are located within the subject road allowance. An easement will be required over
the subject lands to facilitate access and maintenance of the existing telephone
services.
2.0 BACKGROUND
2.1 Mr. Dennis Ebbs is the owner of the municipal property identified as 97 Mill
Street. The property is situated immediately adjacent to an unopen road
allowance that the Director of Engineering Services has determined is no longer
necessary for public use and that is also not in the best interest of the
Municipality to continue to maintain as road allowance. Mr. Dennis Ebbs'
driveway is located on the road allowance, and Mr. Ebbs has advised the
Municipality that he wishes to acquire ownership of the subject lands.
3.0 CONCLUSION
3.1 It is recommended that subject to any input received at the Public Meeting, that
Council authorize the closure of the subject road allowance, declare the land
surplus and convey the subject lands into private ownership for the appraised
value of$10,000.00, subject to the condition that the easement deemed
necessary by the Director of Engineering Services to facilitate telephone utility
services is granted to Bell Canada.
902
Report#EGD-011-08 Page 3
Attachments:
Attachment 1 — Key Map
List of Interested Parties:
Mr. Dennis Ebbs
Ms. Ellen Hyde
903
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# 97 Mill Street
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and Conveyed
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Or DRAWN BY: E.L. DATE: February 11,2008
SITE M REPORT EGD-011-08
ORON_O KEY MAP ATTACHMENT NO. 1
G:WftachmentsM-ot 28 Cone 5 Orono Closure.mA
904
•
Leading the Way REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday March 31, 2008 Resolution #:
Report#: EGD-016-08 File #: By-law #:
Subject: BEECH AVENUE ROAD RECONSTRUCTION
PUBLIC INFORMATION CENTRE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-016-08 be received;
2. THAT design proceed based on the comments received and the conditions
outlined in the Heritage Conservation District Plan for Beech Avenue; and
3. THAT the reconstruction of Beech Avenue proceed to construction following a
subsequent meeting with the Heritage Conservation District Plan Committee; and
4. THAT all those who attended the Public Information Centre and who have
contacted the Municipality be informed of this report.
Respectfully by,
Submitted by: A.S. Cannella Reviewed by: Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/bbfjbfjo
March 25, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
905
Report#EGD-016-08 Page 2
1.0 BACKGROUND
1.1 Beech Avenue is classified as a local road in Clarington and is included in the
road reconstruction program for 2008 from Lowe Street to Concession Street
(Attachment 1). We currently have a tentative construction date of June, 2008.
This particular road is part of the Heritage Conservation District Plan which was
endorsed by Council in 2006. Beech Avenue also forms a part of the Old
Bowmanville Neighbourhood and was included in the Streetscape and
Infrastructure Implementation Plan completed in 2001 and adopted by Council.
The proposed reconstruction will include a new pavement structure and curbs as
well as the installation of sidewalk. The Municipality will also be replacing the
aged storm sewer and will be planting additional trees where possible to enhance
future conditions. The Region of Durham will be completing a system upgrade of
the Regional watermain because the one currently in place was originally
installed in 1913. They will also replace the Regional Sanitary Sewer.
The Engineering Department and our engineering consultants, Totten Sims
Hubicki (TSH), are using both the Heritage Conservation District Plan and
Streetscape and Infrastructure Implementation Plan as a guide to maintain the
current street configuration once reconstruction is complete and modified
technologies for the underground infrastructure.
2.0 APPROACH
2.1 The approved 2008 Capital Budget included the road reconstruction for Beech
Avenue. To assess suitable reconstruction measures for the Municipal project
and to obtain local resident and Committee input into the design process, two
meetings were held to explain the scope of the project and to obtain important
feedback.
906
Report#EGD-016-08 Page 3
On Friday, February 15, 2008 Engineering Services staff and representatives
from TSH met at Town Hall with several members of the Heritage Conservation
District Plan Committee and other stakeholders. The meeting was held after
hours to allow those with an interest in the project to attend at a convenient time.
On Thursday, February 28, 2008 a Public Information Centre meeting was held
at the Clarington Beech Centre from 5:00 p.m. to 7:00 p.m. The public was
notified of the meeting by newspaper advertisement and through the circulation
of notices.
3.0 PUBLIC INFORMATION MEETINGS
3.1 Heritage Conservation District Committee and other stakeholders meeting,
February 16, 2008.
Much of the same 'information we had available for the Public Information Centre
was on hand at this meeting. Questions from those in attendance were primarily
focused around ensuring that the project will be in keeping with the guidelines set
forth in both the Heritage.Conservation District Plan (2006) and Streetscape and
Infrastructure Implementation Plan (2001) for Old Bowmanville. The Older Adults
Community Care representative also questioned whether dedicated on street
parking will be included with the reconstruction (Attachment 2).
The stakeholders in attendance were generally satisfied that the Municipality
understands the importance of the heritage plan for Beech Avenue.
3.2 Information Centre, February 28, 2008.
At the Public Information Centre meeting of February 28, 2008 the following
documentation and plans were on display for discussion:
• Existing Road Condition Base Plans with aerial photography as a background
for Beech Avenue;
907
Report#EGD-016-08 Page 4
• A typical road section for urban designs;
• Existing road cross sections showing conditions at each property; .
• A Tree Assessment Report was available for reading;
• Examples of trenchless technologies previously used by the Region of
Durham;
• Existing conditions of the Beech Centre;
• An overview of the construction that has taken place in the Old Bowmanville
Neighbourhood over the past 10-15 years;
• A photo visualization of the proposed reconstruction;
• A slide presentation that provided an overview of past works, design ideas,
past reports, and supporting information.
• The Heritage Conservation District Plan and Old Bowmanville Neighbourhood
streetscape & Infrastructure Plan
In all, approximately thirty-one people registered as having attended the meeting
and the attendance register and comment sheets are on file within the
Engineering Services Department and available for review.
4.0 COMMENTS AND CONCERNS
4.1 The design approach and presentation material for the project were generally
well received. Comment sheets were provided at the Public Information Centre
and concerns raised at both meetings included:
• TREE PRESERVATION
The tree canopy of the mature trees in this neighbourhood plays a major role
in the heritage character of the neighbourhood and some are over 200 years
old. The health of the trees in this area will be monitored on a regular basis
and trenchless technologies will be used as much as possible to avoid
damage to the root bed of large trees. A full inventory of trees in this area
has been completed and any plantings made to protect the future, will be
made in accordance with a list of plant species historically grown in the area.
908
Report#EGD-016-08 Page 5
Fully qualified arborists have been retained as an integral part of the project
team and will be working with design and construction staff to protect the
trees on Beech Avenue.
• DRIVEWAY RESTORATION
Some residents were keen to restore existing driveways with the same
material; they would like us to improve driveway apron grades and maintain
the walkway connections to the road. These preferences will be considered
in the overall design process.
• PARKING
In keeping with the Heritage Conservation District Plan, parking is not within
the scope of this road reconstruction project. Careful consideration has been
given to the impact that road reconstruction and/or widening may have on the
existing trees and heritage character of this neighbourhood. Both will be
protected by preserving the existing street width and sidewalk locations.
Independent of the road reconstruction project on Beech Avenue Council has
responded to a request made by the Clarington Older Adults Association by
directing staff to conduct a detailed onsite parking study of the Clarington
Beech Centre parking lot (Attachment 3). We have been directed to evaluate
the current parking conditions and will report our findings and
recommendations at a later date.
5.0 DISCUSSION
5.1 As a result of the Information Centre and meeting with members of the Heritage
District Committee and other stakeholders, detailed design may proceed based
on the comments received for the work that is being proposed by the
Municipality. TSH will be working to incorporate the comments made at the
Public Information Centre and Committee meeting into the preliminary design
drawings.
909
Report#EGD-016-08 Page 6
The recommendations contained in the Heritage Conservation District Plan and
Streetscape and Infrastructure Implementation Plan will be used to guide the
proposed detailed design process. This includes, but is not limited to replacing
the aged storm sewer, reinstating the current road width and boulevards as well
as the installation of sidewalk at its current width and locations. The Municipality
will also be planting additional trees where possible to enhance future conditions.
The Region of Durham will be replacing their aged and deficient underground
infrastructure which includes the watermain and the sanitary sewer.
As required, a heritage permit application will be made at the appropriate time.
The heritage permit will be processed by the Planning Services Department.
Ultimately the heritage permit will come to Council for approval after review by
both the Committee and the Clarington Heritage Committee.
Attachments:
Attachment 1 — Project Location
Attachment 2— Letter from Clarington Older Adults Association
Attachment 3 —Council Directive
List of Interested Parties with the Engineering Department
910
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REPORT EGD-016-08
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7
b • .c'��s . ATTACHMENT •
ATTACHMENT NO.2
REPORT NO.: EGD-016-08
Friday February 15th, 2008
Gerry Barber
Purchasing Manager
Municipality of Clarington
40 Temperance St. _
Bowmanville, ON '
L1 C 3A6
CLARINGTON
Dear Mr. Barber
OLDER The Clarington Older Adult Centre Board would like to request that our board
ADULT and staff be included in ALL lease negotiations pertaining to the property a1
26 Beech Avenue in Bowmanville. This would include the Bowmanville Tennis
ASSOCIATION Club, Bowmanville Lions Nursery School, and the Community Care.
Our concern is that if we are not included in the negotiation process our
organization will be unable to fully maximize the facility in which It currently
operates. With this being sold The Clarington Older Adult Centre Board
would like to request a parking study be completed and a proposed Parking
Plan be recommended to assist our organization with future programming
requirements. We believe this is an essential step to ensure our organization
continues to be on track to register over 1000 members and host
approximately 150 Rental Functions while operating 7 days a week. Without
a proper plan in place to accommodate this amount of traffic we will be
unable to achieve "Our Missions To promote the well-being of older adults
through the provision of affordable programs and activities to the residents
within the Municipality of Clarington."
At this time we know the Bowmanville Tennis Club Lease Is being negotiated so
we request that all matters pertaining to this will be put on hold until the obove
request is addressed by Municipal Staff and Coundl.
We look forward to your response, and further information.
Sincerely,
Angie Darlison Don Welsh
Executive Director Director
CC/ Fred Horvath,Director of Operation,
Jim Abernathy,Mayor Municipality of Clarington
Mary Novak,CoundRor Representative Clarington Older Adult Canoe Board
Ran Hooper,Councpbr Representative Ciarinptan Older Adult Centre Board
Skip Crosby,Municipal RepresentotFve Clorhvton Older Adult Centre Board
CiarkVton Older Adult Carom Board of Direeton
26 Beech Avenue,
Bowmanville, ON
L1 C 3A2
905.697.2856
Fax: 905.697.0739 912
C00006ellnet.rn
• ATTACHMENT NO.3
REPORT NO.: EGD-016-08
n
CiNnergizing Onlario
March 10, 2008
Angie Darlison
Executive Director
Clarington Older Adult Association
26 Beech Avenue
Bowmanville, ON, L1C 3A2
Dear Ms. Darlison
RE: BEECH AVENUE RECONSTRUCTION
FILE NO.: T04.GE
At a meeting held on March 3, 2008, the Council of the Municipality of Clarington
considered your letter dated February 15, 2008, regarding the above matter and
referred it to the Director of Engineering. By copy of my letter, I am advising
Tony Cannella of Council's decision.
You trul ,
a rr , CMO
unici Clerk
PLB/ta
cc: Tony Cannella, Director of Engineering Services
MAR 1 1 '21.'
j
CORPORATION OF THE yMUNICIPALITY OF CLA911IGTON
40 TEMPERANCE STREET, BOWMANVILLE_ ONTARIr1 .1 +r -anc T
Clarinaton
Leading the Way REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday March 31, 2008 Resolution #:
Report#: EGD-017-08 File #: By-law #:
Subject: AMENDING AGREEMENT OF UNDERSTANDING FOR SPRINGFIELD
MEADOWS III — 708545 ONTARIO LIMITED (GERANIUM HOMES)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-017-08 be received;
2. THAT the Mayor and Clerk be authorized to execute, on behalf of the
Corporation of the Municipality of Clarington, the Amending Agreement of
Understanding with 708545 Ontario Limited (Geranium Homes) for the fill and
grading works and the erosion and sedimentation control works on the east side
of Prestonvale Road in Springfield Meadows (18T-95028);
3. THAT Council approve the by-law attached to Report EGD-017-08 to confirm its
decision to enter into the Amending Agreement of Understanding with 708545
Ontario Limited (Geranium Homes); and
4. THAT 708545 Ontario Limited (Geranium Homes) be notified of Council's
decision and that the Amending Agreement of Understanding be forwarded to
them for execution once it has been drafted to the satisfaction of the Director of
Engineering Services and the Municipality's Solicitor.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
914
Report#EGD-017-08 Page 2
Respectfully by,
Submitted by: A.S. Cannella Reviewed by: Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/jo
March 20, 2008
915
Report#EGD-017-08 Page 3
1.0 BACKGROUND
1.1 In August, 2007, Council approved the recommendation of Report EGD-049-07
that the Municipality enter into an Agreement of Understanding for fill, grading,
erosion and sedimentation control works on the east side of Prestonvale Road in
Springfield Meadows Phase III subdivision (18T-95028).
The cost of those works were estimated, securities were submitted, and the work
has been completed satisfactorily.
1.2 Geranium Homes has now requested that the Municipality enter into an
Amending agreement to allow a "cut and fill' operation on site; specifically there
is material that the developer wishes to excavate (from the east) and place fill (on
the west) all within the subject lands, i.e. no importation or exportation of fill at
this time.
1.3 The costs of those works have been estimated and additional securities will be
provided by the developer.
1.4 Staff have met with the developer, their consultant, and CLOCA on this matter.
No permit is required from the Conservation Authority.
2.0 REVIEW AND COMMENTS
2.1 Staff is currently amending the existing agreement to reflect the additional works,
and the document will be reviewed by the Municipal Solicitor.
3.0 CONCLUSION
3.1 Staff recommend that the Municipality enter into the Amending Agreement of
Understanding with 708545 Ontario Limited (Geranium Homes) once the
agreement has been drafted to the satisfaction of the Director of Engineering
Services and the Municipal Solicitor, and once legal fees have been paid and
securities have been submitted by the proponent.
916
Report#EGD-017-08 Page 4
Attachments:
Attachment 1 — Key Map
Attachment 2 — By-Law authorizing the Mayor and Clerk to execute the Amending
Agreement of Understanding between 708545 Ontario Limited
(Geranium Homes) and the Municipality of Clarington
917
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DRAWN BY: E.L. . DATE: March 31,2008
F REPORT E,GD-017-08
918
•
AWd JA ATTACHMENT NO. I
GAAttachments\Emily Stowe.mxd
ATTACHMENT NO.:2
REPORT NO.: EGD-017-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-XXX
Being a By-law to authorize the execution of an Amending
Agreement of Understanding between the Corporation of the
Municipality of Clarington and 708545 Ontario Limited
(Geranium Homes) for the purpose of filling a future
development site in the Emily Stowe Neighbourhood (18T-
95028).
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-017-08, including the
recommendation that the Corporation of the Municipality of Clarington enter into
an Amending Agreement of Understanding for the purpose of filling a future
development site in the Emily Stowe Neighbourhood.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. The Mayor and Clerk are authorized to execute an Amending Agreement
of Understanding between the Corporation of the Municipality of
Clarington and 708545 Ontario Limited (Geranium Homes)(18T-95028).
BY-LAW read a first and second time this XXt'day of XXXX,2008.
BY-LAW read a third time and finally passed this XXt"day of XXXX,2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
919
•
Le�tng the way REPORT
OPERATIONS DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 31, 2008
Report #: OPD-003-08 File #: By-law #:
Subject: RAILWAY GRADE IMPROVEMENTS, DARLINGTON PARK ROAD
COURTICE, AUTHORIZING BY-LAW FOR THE EXECUTION OF AN
AGREEMENT BETWEEN CANADIAN NATIONAL RAILWAY AND THE
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Recommendations:
It is respectfully recommended that Council approve the following:
1. THAT Report OPD-003-08 be received; and
2. THAT the attached By-law, authorizing the execution of a Standard Premium
Surface Crossing Rehabilitation Agreement between Canadian National
railway and The Corporation of the Municipality of Clarington be approved
and that the Mayor and Clerk be authorized to execute this agreement.
Respectfully by,
l
Su itted by: Fred Horvath Reviewed by: Franklin Wu
Di ector of Operations Chief Administrative Officer
FH/kr
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
1001
Report#OPD-003-08 Page 2
1.0 BACKGROUND
1.1 Staff from Caarington and the Canadian National Railway have received
numerous complaints regarding the condition of the at grade double track
crossing on Darlington Park Road, Courtice. The tracks cross the roadway at a
sharp skewed angle which also makes it difficult for cyclists to safely cross this
section of the Waterfront Trail without dismounting. The elevation changes make
for a rough crossing by Recreational Vehicles as they continue onto Darlington
Provincial Park.
The crossing on Darlington Park Road was initially constructed during 1960
leaving the road authority with a junior status and the responsibility to assume all
costs of the at grade crossing surface while the maintenance cost of the
automated protection system is split 50/50. The cost of any maintenance of the
timber planks or the proposed rubberized upgrade to the crossing surface is the
Municipality to assume.
2.0 REVIEW
The Railway contacted the Municipality during May of 2007 and advised that the
timbers were in need of replacement during 2008. Although there would be a
larger initial outlay of funds they recommended the Municipality seriously
consider an upgrade to a rubberized crossing surface at this time to greatly
improve the crossing surface and reduce future maintenance costs. The rubber
material will cost $26,000.00 and the labour costs will be $10,000.00. Funds in
the amount of$42,000.00 were approved in the Operations Department 2008
Capital Budget for this proposed work and the related approach paving costs.
Discussions with Darlington Provincial Park showed that the season opens
-May 2 and it is essential that the work which requires a full road closure for two
(2)—three (3) days to the only proper access into the park must be completed
before that date. A full closure is required due to the assembly and paving
process required to ensure a quality end result. The railway has indicated it has
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
.40 TEMPERANCE STREET,BOWMANVILLE,ONTARIO L1C 3A6 T(905)263-2292 F(905)2634433
1002
Report#OPD-003-08 Page 3
arranged a tentative start date for the week of April 7, 2008 as long as
agreements are approved, signed and forwarded shortly. As park usage will be
limited during April, employees of the park and residents on Down Road, and
Emergency Services will be able to access the properties via Colonel Sam Drive
in Oshawa and into the park via the Water Front Trail gated access.
The railway has forwarded a Standard Premium Surface Crossing Rehabilitation
Agreement (Attachment No. 1) for the crossing at mile 296.22 (Attachment No. 2)
requesting the Municipality authorize three (3) copies of the agreement and initial
each page in the bottom left and corner in the area identified as RA (road
authority). The three (3) signed copies are to be forwarded to Peter Gorski, CN
Engineering Services. The Railway will then authorize the agreement and return
one executed copy back to the Municipality for our records.
3.0 RECOMMENDATIONS
It is recommended that Council approve the attached By-law (Attachment No. 3)
authorizing the execution of a Standard Premium Surface Crossing rehabilitation
Agreement between Canadian National Railway and The Corporation of the
Municipality of Clarington.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANIVILLE,ONTARIO UC 3A6 T(905)263-2292 F(905)263-4433
1003
Report#OPD-003-08 Page 4
Attachments:
Attachment 1 — Standard Premium Surface Crossing Rehabilitation Agreement
Attachment 2 — Key Map
Attachment 3 - Authorizing By-law for the execution of a Standard Premium Crossing
Surface Agreement
List of Interested Parties:
Peter Gorski
CN Engineering Services
1 Administration Road
Concord, Ontario
L4K 1 B9
Darlington Provincial Park
Greg Walsh Park Superintendent
1600 Darlington Park Road
Bowmanville ON L1 C 3K3
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET,BOWMANVILLE,ONTARIO L1C 3A6 T(905)263-2292 F(905)263-4433
1004
ATTACHMENT NO.: 1
REPORT NO.: OPD-003-08
STANDARD PREMIUM SURFACE CROSSING REHABILITATION AGREEMENT
THIS AGREEMENT effective as of the_day of ,TWO THOUSAND AND
BETWEEN:
CANADIAN NATIONAL RAILWAY COMPANY
(hereinafter called the"Railway")
and—
MUNICIPALITY OF CLARINGTON
in the Regional Municipality of Durham
and Province of Ontario
(hereinafter called the "Road Authority")
WHEREAS it is the Road Authority's intent to rehabilitate the surface of the crossing with the installation
of a premium crossing surface consisting of Hi-Rail Full Depth Rubber NFB centers and RS field side seal
where Darlington Park Road crosses the right-of-way and 2 main tracks of the Railway at mileage 296.22,
on the Kingston Subdivision (hereinafter the crossing) in the Municipality of Caarington, in the Province of
Ontario;
AND WHEREAS Railway is the senior party at this location;
NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants
and agreements herein and subject to the terms and conditions set out in this agreement,the parties
agree as follows:
1.The Railway will carry out the installation in accordance with Railway requirements respecting safe
railway operations
2.All costs associated with the installation and maintenance of the premium crossing surface will be paid
by the Road Authority.
3. Replacement of the premium crossing surface or any of its individual panels will be subject to the same
terms as detailed in clause 2.
4.The Railway shall prepare all accounts on a monthly basis for work performed by the Railway using
rates as stipulated in the latest"Schedule A" Directives as issued by the Canadian Transportation
Agency. In the event that the Canadian Transportation Agency should discontinue publishing same,the
accounts shall be prepared in accordance with standard rates adopted by the railway industry in Canada,
or in their absence, in accordance with standard rates adopted by the Railway. If there should be no
standard rates in effect for work done by the Railway,the accounts shall be based on actual costs plus
allowances for the Railway's overhead.
Initials:CN Page 1
RA
1005
ATTACHMENT NO.: 1
REPORT NO.: OPD-003-08
5.This agreement shall be governed by and construed in accordance with the laws of the Province of
Ontario, and all applicable federal laws and regulations.
6.This agreement is not assignable without the prior written consent of both parties which consent will not
be unreasonably withheld. Notwithstanding the above, in the event of the transfer of its line for continued
operations, the Railway will have the right to assign this agreement to any subsequent owner.
7.This agreement shall become effective on the date appearing on page 1 of this agreement and shall
continue until either the Railway discontinues its operations, or the Road Authority closes the Highway, at
this location, or upon the written consent of both parties.
8. Upon execution, the Railway may file this agreement with the Canadian Transportation Agency.
9. Subject to clause 8,this Agreement is confidential and the Agreement or any of its terms and
conditions shall not be disclosed to any third party, person or association except and to the extent as may
be required by law or upon the prior written consent of all parties hereto.
10. If the either party fails, at any time, to fulfill its obligations provided in the present agreement,the other
party, at its option, may upon reasonable notice, undertake the necessary measures to ensure safety, at
the risk and expense of the responsible party as defined in clauses 3,4, 5 and 6.
11. Any dispute relating to the wording and interpretation of the clauses in this agreement will be resolved
in accordance with the arbitration act of the Province in which the crossing is located.
12.The preamble to this agreement forms an integral part of the agreement.
Initials: CN Page 2
RA
1006
ATTACHMENT NO.: 1
REPORT NO.: OPD-003-08
IN WITNESS WHEREOF, the parties have caused the agreement to be executed by their respective
representatives hereunto duly authorized, as they declare, as of the date first above written.
CANADIAN NATIONAL RAILWAY COMPANY
General Manager
(Witness)
(Date)
MUNICIPALITY OF CLARINGTON
(Title)
(Witness)
(Date)
Initials: CN Page 3
RA
1007
i.
ATTACHMENT NO.: 2
REPORT NO.: OPD-003-08
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1008
ATTACHMENT NO.: 3
REPORT NO.: OPD-003-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-
being a By-law to authorize the Standard Premium Surface Crossing
Rehabilitation Agreement between the Corporation of the Municipality of
Clarington and Canadian National railway, in respect to the rehabilitation
of the level grade crossing on Darlington Park Road,' Courtice,
Municipality of Clarington, Regional Municipality of Durham also
referred to as CN mile 296.22 Kingston Subdivision Line,
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation
of the Municipality of Clarington, and seal with the Corporate Seal, a Standard Premium
Surface Crossing Rehabilitation Agreement between Canadian National Railway and said
Corporation.
BY-LAW read a first and second time this 7th day of April,2008.
BY-LAW read a third time and finally passed 7th day of April, 2008.
Jim-Abernethy,Mayor
Patti L. Barrie, Municipal Clerk
1009
1 '
Le��ng the Way REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 31, 2008 Resolution #:
Report#: CSD-007-08 File #: By-law#:
Subject: TOTAL HOCKEY FLOOR SPACE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-007-08 be received; and
2. THAT Council select one of the following options:
Option A—that staff be directed to issue a Request for Proposal to lease the
space vacated by Total Hockey, located at the Garnet B. Rickard Recreation
Complex.
or
Option B—that staff be authorized to enter into discussions with the proponents
of the preliminary proposals received as identified in 2.1 of Report CSD-007-08.
or
Option C—that the space vacated by Total Hockey be retained for municipal use
and that staff report back detailing program enhancements, financing and timing.
Submitted by: Reviewed by:
Jos6p`h P. Caruana Franklin Wu
Di: ctor of Community Services Chief Administrative Officer
JPC/jm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET,BOWMANVILLE,ONTARIO L1C 3A6 T (905)623-3379 F(905)623-55G6
1201
REPORT NO.: CSD-007-08 PAGE 2
1.0 BACKGROUND
1.1 During this year's budget deliberations, Council directed staff to close the-
Total Hockey operation as of March 1, 2008. Subsequently, a verbal report was
provided outlining the various aspects related to the closing of Total Hockey.
1.2 The verbal report indicated that staff would address re-purposing the Total
Hockey floor space and dispersal of the artifacts.
1.3 This report addresses the re-purposing of the floor space only as staff continue to
source information related to the dispersal of the artifacts and will report back at
an appropriate time.
2.0 FLOOR SPACE
2.1 The area of the former Total Hockey space available for re-purposing is 5,005
square feet. Staff are currently pricing the cost of dismantling the space, in
preparation for future use. Since the decision to close, staff has received several
unsolicited expressions of interest to lease the space. Should Council decide to
lease the space, a Request for Proposal (RFP) would be issued, as is our past
practice. To date, staff has received nine (9) expressions of interest from the
private sector, three (3) of which requested confidentiality. Therefore, any
discussions related to these proposals should be referred to a closed meeting.
2.2 Additionally, there is an internal proposal to retain the area as municipal
programming space. If preferred, staff will prepare a detailed proposal outlining
program enhancements, timing and finances.
3.0 COMMENTS
3.1 The purpose of this report is to advise Council of the expressions of interest and
to receive direction as to how staff should proceed.
3.2 Council should be aware that during preliminary discussions some interested
parties indicated that timing could influence the feasibility of their interest in the
space.
1202
•
x'111 REPORT
Leading the Way
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 31, 2008
Report#: CLD-011-08 File #: By-law #:
Subject: APPOINTMENT OF A PART-TIME PARKING ENFORCEMENT OFFICER
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-011-08 be received;
2. THAT Matthew Jessup be appointed as a Parking Enforcement Officer for the
Municipality of Clarington;
3. THAT the by-law attached to Report CLD-011-08 be forwarded to Council for approval;
and
4. THAT Matthew Jessup be advised of Council's actions.
Submitted by: i rri , MO Reviewed by: Franklin Wu,
Chief Administrative Officer
PL13*LC*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1301
REPORT NO.:CLD-011-08 Page 2 of 2
BACKGROUND AND COMMENT
Pursuant to the budget approval, the Municipal Law Enforcement Division has hired a Part-
time Parking Enforcement Officer. The new officer is Matthew Jessup. He is a graduate of Sir
Sandford Fleming College's Natural Resources Law Enforcement Program and has worked as
an officer for the Central Lake Ontario Conservation Authority.
Mr. Jessup will commence his duties with the Municipality on March 31St with an in-service
training course organized by the Manager of Municipal Law Enforcement to familiarize him with
municipal procedures and the by-laws that he will be responsible for. In order for him to be
able to perform his duties, it is necessary for an appointment by-law to be passed by Council.
ATTACHEMENT: 1 By-law to Appoint Matthew Jessup as a Parking Enforcement
Officer
INTERESTED PARTIES:
Matthew Jessup
1302
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2007-
Being a By-law to appoint a Parking Enforcement Officer
WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1),
authorizes a Council of any Municipality to appoint one or more Municipal Law
Enforcement Officers, who shall be Peace Officers for the purpose of enforcing
the By-laws of the Municipality; and
WHEREAS it is desirable to appoint Matthew JESSUP as a Parking
Enforcement Officer by By-law for the purpose of enforcing the Traffic By-laws of
the Municipality of Clarington as amended;
NOW,THEREFORE,the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. THAT Matthew JESSUP is hereby appointed as a Parking Enforcement
Officer for the Municipality of Clarington.
2. THAT Matthew JESSUP's appointment as a Parking Enforcement Officer
shall remain in effect for the duration of his term of employment with the
Municipality of Clarington.
BY-LAW read a first and second time this 7"'day of April 2008.
BY-LAW read a third time and finally passed this 7"'day of April 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1303
•
REPORT
Leading the {�'ay
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 31, 2008
Report #: CLD-012-08 File#: By-law #:
Subject: APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICER — ANIMAL
SERVICES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-012-08 be received;
2. THAT Chad Wubbolt be appointed as a Municipal Law Enforcement Officer for the
Municipality of Clarington;
3. THAT the by-law attached to Report CLD-012-08 be forwarded to Council for approval;
and
4. THAT Chad Wubbolt be advised of Council's actions.
L�
Submitted by: 41c6i4ppal'Clerk CMO Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*AG*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1304
REPORT NO.:CLD-012-08 Page 2
BACKGROUND AND COMMENT
Tracy O'Donahue, Animal Services Officer will be on maternity leave effective May 20, 2008.
Chad Wubbolt, a full-time Facility Operator I for the Municipality, will be temporarily re-
assigned, effective March 31, 2008, and will be performing the Animal Services Officer's duties
during Tracy's leave. In order to perform the required duties, including investigations, laying
charges and appearing in court to defend those charges, Chad must be appointed as a By-law
Enforcement Officer for Animal Services.
It is therefore respectfully recommended that the attached by-law be approved.
ATTACHEMENTS:
1. By-law to appoint Chad Wubbolt as a Municipal Enforcement Officer
INTERESTED PARTIES:
Chad Wubbolt
1305
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
By-law 2008 4?
Being a by-law to appoint a Municipal Law Enforcement Officer
WHEREAS Section 20 of The Police Services Act R.S.O. 1990, Chapter 10, Section
15(1); authorizes a Council of any Municipality to appoint one or more By-law
Enforcement Officers, who shall be Peace officers for the purpose of enforcing the By-
laws of the Municipality;
AND WHEREAS it is desirable to appoint Chad Wubbolt as Municipal Law Enforcement
Officer by By-law for the sole purpose of enforcing all by-laws pertaining to Animal
Services;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
enacts the following:
1. Chad Wubbolt is hereby appointed as Municipal Law Enforcement Officer for the
purpose of enforcing all By-laws pertaining to Animal Services.
2. Chad Wubbolt's appointment as a Municipal Law Enforcement Officer shall
remain in effect for the duration of his term of employment as an Animal Services
Officer with the Municipality of Clarington.
BY-LAW read a first and second time this 7th day of April,2008
BY-LAW read a third time and finally passed this 7th day of April, 2008
Jim Abernethy
Mayor
Patti L. Barrie
Municipal Clerk
1306
• n
Leading the R'ay
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE &ADMINISTRATION COMMITTEE
Date: Monday, March 31, 2008
Report#: COD-013-08 File# By-law#
Subject: CL2008-3, SUPPLY AND DELIVERY OF HIGH PERFORMANCE PERMANENT
COLD PATCH
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Report COD-013-08 be received; '
2. THAT Innovative Surface Solutions Canada, Ajax, Ontario with a total bid in the amount of
$104,328.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions
and specifications of Tender CL2008-3, be awarded the contract to supply and deliver High
Performance Permanent Cold Patch as required by the Municipality of Clarington; and
3. THAT the funds required be provided from the Operations Department Current Budget
in the amount of$104,328.00 be drawn as follows:
a. $60,000.00, from Pavement Patching Account#100-36-381-10255-7112; and
b. THAT the rem .Wing funds in the amount of$44,328.00 be drawn from the Pavement
Resurfaci count#100-36-381-10250-7163.
Submitted by:
4a4rie Revie wed by: s:arano, H.B.Sc., C.M.O., Franklin Wu,
Dire r of Corpor Se ices Chief Administrative Officer
ancy a or, B. ,
Directo
re orvath, RDMR, RRFA,
Director of Operations
M M\J DB\bh
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169.
1401
REPORT NO.: COD-013-08 PAGE 2
BACKGROUND AND COMMENT
Tenders were publicly advertised and issued for the supply and delivery of high performance
permanent cold patch, as required by the Operations Department. Subsequently, tenders were
received and tabulated as per Schedule "A" attached.
Due to the recent increases in crude oil prices, the unit prices bid represent an approximate 30%
increase over those bid for the 2007 contract. The low bid received from Innovative Surface
Solutions Canada,Ajax, Ontario, is approximately 40% over the 2008 Current Budget amount.
The total funds required for Tender CI-2008-3, Supply and Delivery of High Performance Permanent
Cold Patch, are included in the Operations Department Current Budget Account #100-36-381-
10255-7112. The additional funds will be financed from the Pavement Resurfacing account #100-
36-38-10250-7163.
The Director of Finance has reviewed the funding requirementg and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be referred
to the Director of Operations.
After further review and analysis of the tenders by Operations and Purchasing, it was mutually
agreed that Innovative Surface Solutions Canada, Ajax, Ontario, be recommended for the contract to
Supply and Deliver High Performance Permanent Cold Patch.
The subject firm has previously performed satisfactorily for the Municipality of Clarington.
Attachments:
Attachment 1 —Schedule "A„ Bid Summary
1402
Schedule "A"
Bid Summary
Tender CL2008-3
BIDDER TOTAL BID
(Excluding GST
Innovative Surface Solutions Canada
Ajax, ON $104,328.00
Matrex Company
Port Perry, ON $108,203.04
Lafarge Canada Inc.
North York, ON $116,723.16
1403
Leading the Way -
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE &ADMINISTRATION COMMITTEE
Date: Monday, March 31, 2008
Report#: COD-015-08 File# By-law#
Subject: CL2007-47, KENDAL KITCHEN CONSTRUCTION
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-015-08 be received;
2. THAT Kraco Carpentry Service Limited, Bowmanville, Ontario with a total bid in the
amount of $85,100.00 (plus G.S.T.), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2007-47, be awarded the contract to
supply Kendal Kitchen Construction as required by the Municipality of Clarington; and
3. THAT funds required in the amount of$85,100.00 be drawn as follows:
a. THAT funds required in the amount of $75,000.00 be drawn from the Kendal
Community Centre Kitchen Project account #100-00-000-02150-2015 (Trillium
Grant);
b. THAT funds in the amount of $10,000.00 be provided by the Kendal Community
Centre Board and be forwarded to the Municipality of Clarington before the
kitchen construction is completed; and
C. THAT funds ' /l the amount $100.00 be drawn from the Building Services
Renova struction account#100-36-370-10115-7501.
Submitted by:
Marie Marano, H.B.Sc., C.M.O., Reviewed by: Franklin Wu,
rDi ct r of Corpo ate Services Chief Administrative Officer
4tt7�
Nancy Ta or ,
Director
/
Fr 6d ' ry th, RDMR, RRFA,
Director of Operations
MMUDB\bh
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-416PO4
REPORT COD-015-08 PAGE 2
BACKGROUND AND COMMENTS
Tender specifications were provided by Thomas Brown Architects and Durham Energy
Specialist Limited for the construction of a commercial kitchen at the Kendal Community Centre,
as required by the Operations Department. This project is funded by an Ontario Trillium Fund
Grant in the amount of$75,000.00.
Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were
received and tabulated as per Schedule "A" attached.
The low bid received from Kraco Carpentry Service Limited, Bowmanville, Ontario, is
approximately 30% over the approved grant of $75,000.00. Therefore, the Operations
Department has requested that the Municipality negotiate with the vendor to reduce the scope
of work by fifteen (15%) as per a clause in the tender document and to have the Kendal
Community Centre Board fund the remaining over budget portion.
The tender clause states that in the event that all bids submitted exceed the Owners budget for
the project, the Owner may negotiate changes in the scope of work to a value not to exceed
fifteen (15%) percent, with the Bidder submitting the lowest acceptable bid.
Following discussions with Kraco Carpentry Services Limited, the changes to the scope of work
include:
1. changing the cabinetry to plastic laminate and removing the cabinets and counters under
the windows and at the hand washing sink,
2. substituting the plumbing fixtures, including changing the hand washing sink to a
porcelain wall mount, and
3. substituting the mechanical equipment, the ventilation hood and exhaust/intake fans.
The above scope of work modifications would provide a cost reduction of$14,300.00. The cost
reductions have not impacted the functionally of the kitchen and are more in line with the
available funding. The Kendal Lions Club and the Kendal Community Centre Board has
reviewed the changes to the scope of work and are in agreement with the modified work. The
revised bid amount would be $85,100.00. Funds in the amount of $75,000.00 are provided in
the Kendal Community Centre Kitchen Project account #100-00-000-02150-2015 (Trillium
Grant);
The project is still over budget by $10,100.00 and it is recommended that this amount be funded
by the Kendal Community Centre Board (Schedule "B") and from the Building Services
Renovation/Construction account#100-36-370-10115-7501. 1405
REPORT COD-015-08 PAGE 3
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
referred to the Director of Operations.
After further review and analysis of the tenders by Operations and Purchasing, it was mutually
agreed Kraco Carpentry Service Limited, Bowmanville, Ontario, be recommended for the
contract to construct the commercial kitchen at the Kendal Community Centre.
The subject firm has previously performed satisfactorily for the Municipality of Clarington.
Attachments:
Attachment 1 — Schedule "A" Bid Summary
Attachment 2— Schedule "B° Memo from Kendal Community Centre Board
1406
REPORT COD-015-08 PAGE 4
Schedule "A"
Bid Summary
Tender CL2007-47
BIDDER TOTAL BID
(Excluding GST
Kraco Carpentry Service Limited
Bowmanville, ON $85,100.00"
Synder Construction
Ashburn, ON $99,580.80
Jeffrey G. Wallans
Brighton, ON $108,500.00
Charterhouse Projects Inc.
Mississauga, ON $169,800.00
'revised bid amount
1407
REPORT COD-015-08 PAGE 5
Schedule "B"
Memo from Kendal.Community Centre Board
Tender CL2007-47
MUNICIPALITY OF CLARINGTON
KENDAL COMMUNITY CENTER
6742 Newtonville Road
Kendal, Ont. L0A1 E0
The Kendal Community Center Board at their meeting of February 26, 2008 agrees to
Contribute an additional $10,000 for the construction of the kitchen, as it relates
Tender CT 2007-47.
President
Jim Souch
1408
arm. n
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, March 31, 2008
Report#: COD-020-08 File # By-law#
Subject: CL2008-4, Culvert and Bridge Improvement
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report COD-020-08 be received;
2. THAT Ron Robinson Limited, Bowmanville, Ontario with a total bid in the amount of$163,512.81
(Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications
of Tender CL2008-4 be awarded the contract for Culvert and Bridge Improvements as required by
the Operations Department;
3. THAT funds required in the amount of$215,000.00 (which includes$163,512.81 tendering plus
consulting, contingencies and previously committed amount for Port Granby Bridge Repair) be
drawn as follows:
a) $96,000.00, Bridge Improvements, 2006 Capital Budget Account# 110-36-330-83638-
7401,
b) $33,000.00, Bridge Improvements, 2007 Capital Budget Account# 110-36-330-83638-
7401,
C) THAT the remaining funds in the amount of$86,000.00 for bridge and culvert
improvements be drawn from Guide Beam Installations, 2008 Capital Budget Account
110-36-330-83639-7401; and
4. THAT the attached By-law marked Schedule"A"authorizing the Mayor and the Clerk to execute
the necessary agr nt be approved.
Submitted by: — Reviewed by: L-'��-'-'- �'U k'
ane Marano, H.B.Sc., C.M.O., Franklin Wu,
Direrjor of Corpor Se es Chief Administrative Officer
ncy Ta o ,
Director i
� V
F d Ho th, RDMR, RRFA,
irector of Operations
MMUDBTH1km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1 409
REPORT NO.: COD-020-08 PAGE 2
BACKGROUND AND COMMENT
Tender specifications were provided by Totten Sims Hubicki Associates for the Culvert and
Bridge Improvements as required by the Operations Department at the following Locations:
Culvert No. 98510, Port Granby Creek, Concession Road 1
Culvert No. 98528, Concession Road 5/6
Culvert No. 99032, Black Creek, Concession Road 6
Culvert No. 99528, Concession Road 7 and Langmaid Road
Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were
received and tabulated as per the letter from Totten Sims Hubicki Associates Schedule "B"
attached.
The total project cost, including tendering, project administration, contingencies and a previously
committed amount for Port Granby Bridge repair, is $215,000.00 as detailed in the letter from
Totten Sims Hubicki Associates, marked Schedule "B". As the total funds required for this
project exceeds the available funds of $129,000.00 as provided in account #110-36-330.-83638-
7401(2006 budget - $96,000.00 and 2007 Budget - $33,000.00), it is recommended that
additional funds required in the amount of$86,000.00 be drawn from the 2008 Capital Account
for Guide Beam Installation. The Guide Beam Installation project will be deferred to 2009 with
funding to be requested in the 2009 Capital Budget. For clarification, the guide beam
installation locations being deferred to 2009 do not currently have guide beam installations in
place and there is no accident history at either site. Therefore, risk exposure to the municipality
will not change with a one year deferral of the guide beam installations.
With respect to the increased cost versus the budgeted amounts, this variance is attributable to
the change in scope for Site D — Culvert #99528 which was based on a site evaluation during
the detailed design phase of the project. In addition, only preliminary estimates were available
at the time of budget approval.
The low bidder has previously performed satisfactory work for the Municipality of Clarington.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
referred to the Director of Operations.
1410
REPORT NO.: COD-020-08 PAGE 3
After further review and analysis of the bids by the Operations Department, Totten Sims
Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Ron Robinson
Limited, Bowmanville, Ontario, be recommended for the contract for the Culvert and Bridge
Improvements on Concession Road 1, 5, 6 and 7.
Attachments:
Attachment 1 — Schedule "A", By-law
Attachment 1 — Schedule "B", Letter from Totten Sims Hubicki
1411
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Ron
Robinson Limited, Bowmanville, Ontario for the Culvert and
Bridge Improvements at Concession Road I, 6, V/VI and VII.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Ron Robinson Limited, Bowmanville, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A"form part of this By-law.
By-law read a first and second time this day of , 2008.
By-law read a third time and finally passed this day of , 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1412
SCHEDULE "B"
■ Totten Sims Hubicki Associates
engineers 300 Water Street
Whitby,Ontario,Canada L1N 9J2
architects (905)668-9363 Fax:(905)668-0221
planners E-mail:tsh @tsh.ca www.tsh.ca
March 25, 2008
Mr. Larry Postill,Supervisor
Operations Department
Municipality of Clarington
40 Temperance Street
BOWMANVILLE,Ontario L1C 3A6
Dear Sir:
Re: Culvert and Bridge Improvements
Tender No. CL20084,Municipality of Clarington
TSH Project No. 42-65106
Bids for the Municipality of Clarington Tender No. CL20084, were received and opened on Friday,
February 29`h, 2008
The following is a summary of the four(4)tenders received:
No. Tender Total Tendered
Amount
1. Ron Robinson Limited, Bowmanville $171,688.45
2. Dave Boyle Excavating Limited, Bowmanville $188,760.50
3. Aloia Bros Concrete Contractors Limited,Toronto $236,205.98
4. Peninsula Construction Inc,Fonthill $269,637.36
Note: Total Tendered Amount Includes 5%GST
We examined the three (3) lowest tender submissions and found the tenders to be arithmetically correct
and complete, complying with the general tendering requirements. Further we analyzed unit prices
tendered by the three(3) low tenderers and found the unit prices bid to be reasonable without evidence of
unbalancing of the tender bids.
The contract work was tendered in parts representing the various components of the works as follows:
PART A—CULVERT 98510
Part A provides for the partial removal of the existing CSPA culvert under Concession Road 1, east of
Elliott Road, at the Port Granby Creek, to accommodate the installation of a 2.5 m CSPA culvert
extension. Installation of the culvert extension and placement of 300 mm rip rap on the ditch slope around
the culvert will address erosion of the south road slope.
1413
SCHEDULE "B"
Municipality of Clarington 2.
Mr.Lary Postill, Supervisor
March 25,2008
PART B—CULVERT 98528
Part B provides for removal of the existing deteriorated and damaged CSP culvert and installation of a
CSP elliptical culvert under Concession Road VI at Lot 23, including rock protection and river run stone
at the inlet and outlet ends of the culvert and restoration of Concession Road VI with granular base and
hot mix asphaltic materials.
PART C—CULVERT 99032
Part C provides for repair to an eroded area on the north road slope on Concession Road 6 at Black Creek,
in Lot 24. The works include placement of 300 mm rip rap on filter cloth in the eroded area covered with
topsoil and staked sod.
PART D—CULVERT 99528
Part D provides for removal of three existing deteriorated and damaged CSP culverts, within the
Concession Road VII and Langmaid Road intersection. The works include installation of a CSP pipe arch
culvert from the southeast quadrant to the northwest, CSP culverts under the south and east intersection
approaches, rock protection and river run stone at the inlet and outlet ends of the culverts and restoration
of Concession Road VII with granular base and hot mix asphaltic materials.
The following is a summary of the total project costs:
Estimated.Total Project Cost,excluding PST Total
''Total Construction Costs Based on Low Bid $ 163 512.81
Detailed Design and Tendering $ 6,277.71
Contract Administration and Materials Testing $ 17,000.00
Contingencies 5 0/of $ 8,644.48
Total Project Cost $ 195,435.00
Previously Committed Costs for Port Granby Bride Repair $ 19,565.00
Total Costs for Account No. 110 36 330 83638 7401 $ 215,000.00
Based on the total budget amount of$129,000 allocated for these works from the 2006 and 2007 budgets
(Account No. 110-36-330-83638-7401 there will be a project deficit of$86,000. As these works are
required the Operations Department has recommended that the shortfall of$86,000 be funded from the
2008 Guide Rail Account(Project ID 6000-8340-08300).
The reason for the increased project costs compared to the budgeted amount can be attributed mainly to
the change in scope of work included at Site D resulting from the site evaluation with the Operations
Department during the detailed design phase of the project. In addition only preliminary estimates were
available at the time of budget approval which also added to the overall project deficit.
The contract is open for acceptance for a period of ninety (90) days after the tender closing date of
February 29, 2008. The contract work is scheduled for completion by September 15`h, 2008, subject to
the terms and conditions of permits for works within the watercourses.
We recommend acceptance of the low tender and award of a contract to Ron Robinson Limited,
Bowmanville, in the amount of$171,688.56 inclusive of GST, subject to the requisite approvals. Upon
um
1414
SCHEDULE "B"
Municipality of Clarington 3.
Mr.Lang Postill,Supervisor
March 25,2008
receipt of your instructions, we will prepare the contract documents for execution. Please advise if you
require additional information to supplement the above.
Should you require any additional information, please do not hesitate to contact the undersigned.
Yours very truly,
R. PlckIe, P ng.
Senior Project Manager
RA/TRP/gc/ym
LAPROJECTS\42-6\42-65\42-65106 Clarington Operations 2006 Tendering\42-65106 Clarington Operations 2006 Tendering\2008 Contract
Administration\CL2008 4 Culverts\CL2008 4 Tender Report,March 6th,2008.doc
PC: Mr. Jerry Barber,CPPO, Municipality of Clarington
15
•
Energizing Ontario REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MONDAY MARCH 31, 2008 Resolution #:
Report#: FND-008-08 File #: By-law #:
Subject: BUILDING PERMIT FEES ANNUAL REPORT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-008-08 be received for information; and
2. That existing building division fees be confirmed with no change required.
Submitted by: Reviewed by:
ancy ylor, .A., C.A., Franklin Wu,
Directo of Fin nce/T asurer Chief Administrative Officer.
A.S. Cannella, C.E.T.
Director of Engineering Services.
NT/LB/hjl
1501
REPORT NO.: FND-008-08 PAGE 2
BACKGROUND AND COMMENT:
Under the Building Code Act, 1992 and the passing of subsequent amendments, The
Building Code Statute Law Amendment Act, 2002 and Ontario Regulation 305/03,
municipalities are required to prepare an annual report that records the amount of
building permit fees collected and the costs incurred during the process.
Article 2.23.1.1 of the Building Code Act specifies what is to be included in the annual
report as follows:
(1) The report referred to in Subsection 7 (4) of the Act shall contain the following
information in respect of fees authorized under Clause 7 (1) (c) of the Act:
(a) total fees collected in the 12-month period ending no earlier than three
months before the release of the report,
(b) the direct and indirect costs of delivering services related to the
administration and enforcement of the Act in the area of jurisdiction of the
principal authority in the 12-month period referred to in Clause (1) (a),
(c) a break-down of the costs described in Clause (1) (b) into at least the
following categories:
(i) direct costs of administration and enforcement of the Act, including
the review of applications for permits and inspection of building,
and
(ii) indirect costs of administration and enforcement of the Act,
including support and overhead costs, and
(d) if a reserve fund has been established for any purpose relating to the
administration or enforcement of the Act, the amount of the fund at the
end of the 12-month period referred to in Clause (a).
(2) The principal authority shall give notice of the preparation of a report under
Subsection 7 (4) of the Act to every person or organization with such notice and
has provided an address for the notice.
The requirement to issue an annual report on building permit fees came into effect
for the 2006 year which means the first report was required by March 31, 2007.
It is unclear in the regulations as to how the annual report is to be reported; i.e. via
Council meeting, newspaper advertising, municipal website, etc.
CONCLUSION:
In accordance with the Building Code Act as amended, staff have prepared this
report to Council on an informational basis and Attachment "A"was posted on the
municipality's website on March 31, 2008.
1502
REPORT NO.: FND-008-08 PAGE 3
On the Attachment "A" for the summary of the 2007 Annual Report for Building
Permit Fees, the total of the direct and indirect costs exceeds the total building
permit fees revenue by $32,832.00. This over expenditure is insufficient in nature
and is offset by the general fund. Staff recommend that the current fee structure in
the municipal by-law for the building permit fees By-Law Number 2005-145 be status
quo.
Attachment "A" is a summary of the 2007 building permit fees revenue and related
expenditures with the expenses broken down into direct and indirect costs along with
the balance of the building division reserve fund and reflects that the total amount of
the fees do not exceed the costs to administer and enforce the Act.
Attachments:
Attachment "A": Summary of 2007 Building Permit Fees Revenue & Expenditures
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169
1503
ATTACHMENT"A"
MUNICIPALITY OF CLARINGTON
Building Permit Fee Annual Report for 2007
TOTAL FEES:
Total Building Permit fees collected during 2007 year under the Municipality of
Clarington's Bylaw Number 2005-145 is $1,695,850.00.
DIRECT COSTS:
Direct costs are deemed to include the costs of the Building Division of the
Engineering Department for the processing of building permit applications, the
review of building plans conducting inspections and building-related enforcement
duties. Total Direct Costs: $1,070,392.00.
INDIRECT COSTS:
Indirect costs are deemed to include the costs for support and overhead services to the
Building Division. Total Indirect Costs: $658,290.00.
Grand Total of Direct and Indirect Costs: $1,728,682.00.
Costs over Revenue as of December 31, 2007 - $ 32,832.00.
STATEMENT OF RESERVES:
Building Division Reserve Fund balance as of December 31, 2007 - $108,300.00
NOTE: Unaudited Figures.
1504
•
Energizing Ontario REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday March 31, 2008 Resolution #:
Report #: FND-009-08 File #: By-law #:
Subject: MAYOR & COUNCILLOR'S REMUNERATION & EXPENSES FOR 2007
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-009-08 be received for information.
Submitted by: Reviewed b
n-c y_ t a or, B .A., .A., Franklin Wu,
Director of Fina ce. Chief Administrative Officer.
NT/RR/hjl
1505
REPORT NO.: FND-009-08 PAGE 2
BACKGROUND AND COMMENT:
Appended hereto, please find a schedule detailing the compensation paid to each Member of
Council during 2007 as required by the Municipal Act, S.O. 2001, c.25, Section 283. Also
attached is a schedule detailing compensation paid to Clarington's representatives on the
Veridian Board of Directors.
As per Resolution # GPA-445-95, passed by Council on July 15, 1995, attached is the Regional
Municipality of Durham Report# 2008-F-29 detailing the remuneration and expenses of the
Members of Council and Regional Council appointees to local boards.
Attachments:
Attachment# 1 — Remuneration & Expenses for Mayor& Councillors — January 1 to
December 31, 2007
Attachment# 2 — Remuneration & Expenses for Members of Veridian Corporation —
January 1 to December 31, 2007
Attachment# 3— Regional Report No. 2008-F-29
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169
1506
w
c
N
E
L
U
ca
Q
MAYOR & COUNCILLORS' REMUNERATION & EXPENSES
January 1 to December 31, 2007
r-
0
LO
T
Name
Basic Pay
Expense
OMERS
Municipal
Gross Pay
Kilometres
Conferences
Other
Total
Allowance
Equivalent
Severance
Note 1
Note 2
Mayor J.Abernethy
$47,640.00
$23,820.00
$1,786.50
-
$73,246.50
$9,806.53
$2,197.25
$1,293.40
$86,543.68
Councillor A. Foster
19,056.00
9,528.00
714.60
-
29,298.60
6,416.99
1,571.44
50.44
37,337.47
Councillor R. Hooper
19,056.00
9,528.00
714.60
-
29,298.60
-
858.59
-
30,157.19
Councillor M. Novak**
19,056.00
9,528.00
714.60
-
29,298.60
61711.69
1,537.89
736.89
38,285.07
Former Councillor P. Pin le*
-
-
-
13,808.50
13,808.50
- "
-
-
13,808.50
Councillor G. Robinson
19,056.00
9,528.00
714.60
-
29,298.60
6,384.91
1,133.59
-
36,817.10
Former Councillor J. Schell *
-
-
-
31,566.88
31,566.88
-
-
-
31,566.88
Councillor C. Trim +*"
19,056.00
9,528.00
714.60
-
29,298.60
9,654.28
1,515.63
144.94
40,613.45
Councillor W. Woo
19,056.00
9,528.00
714.60
-
29,298.60
6,711.69
1,527.37
47.35
37,585.01
Total
$161,976.00
$80,988.001
$6,074.101
$45,375.381$294,413.481
$45,686.091
$10,341.76
$2,273.021$5-52,714.35
* Final payout of funds to previous Council members
"'Regional Councillor
+ Deputy Mayor
Notes:
Conferences Include payment made by the Municipality for registration fee and/or accommodation,
as well as direct reimbursement of expenses.
Other Includes parking, meals, airfare and miscellaneous charges.
Expenses excludes G.S.T.
N
C
N
E
t
v
ca
I'
REMUNERATION &EXPENSES OF
CLARINGTON DIRECTORS OF VERIDIAN CORPORATION
January 1 to December 31,2007
Name
Salary
Kilometres
Conferences
Other
Total
Note 1
Note 2
J.Abernethy
$ 10,800.00
$ 167.00
$10,967.00
H. Edmondson
$ 10,800.00
$ 167.00
$10,967.00
A. Foster
$ 10,800.00
$ 68.00
$10,868.00
B. Mountford
$ 10,800.00
$ 626.10
$ 2,481.82
$ 175.10
$14,083.02
Total
$43,200.00
$1,028.10
$2,481.82
$175.10
$46,885.02
Notes:
Conferences Include payments made by Veridian for registration fee and/or accommodation,
as well as direct reimbursement of expenses.
Other Includes parking, meals, airfare and miscellaneous charges.
Expenses excludes G.S.T.
00
O
LO
T
Attachment#3
The Regional Municipality of Durham
Report to: The Finance and Administration Committee
From: R.J. Clapp, Commissioner of Finance
Report No.: 2008-F-29
Date: March 18, 2008
SUBJECT:
The Remuneration and Expenses in 2007 of Members of Regional Council and
Regional Council Appointees to Local Boards, as Required by Section 284(1) of the
Municipal Act, 2001, S.O. 2001, c25
RECOMMENDATION:
The Finance and Administration Committee recommend that this report be submitted to
Regional Council for information.
REPORT:
As required by Section 284 (1) of the Municipal Act, 2001, 1 have prepared a statement
of the remuneration and expenses that were paid in 2007 to Regional Councillors and
Regional Council Appointees. (See attached Schedules 1 to 3 respectively).
The information concerning Regional Council appointees was obtained directly from the
Local Boards, with the exception of the Durham Region Police Services Board, Durham
Region Transit Commission, 9-1-1 Management Board, Durham Regional Local
Housing Corporation, Land Division Committee, Durham Accessibility Advisory
Committee, Durham Agricultural Advisory Committee, and the Durham Environmental
Advisory Committee, whose accounting records are maintained by the Regional
Finance Department.
R.J. Clapp, CA
Commissioner of Finance
Attach.
dIk\2008reportsVemuneration2007
1509
SCHEDULE 1
REGIONAL COUNCIL MEMBERS
2007 REMUNERATION AND EXPENSES
CONFERENCES,
REGIONAL COUNCIL CONVENTIONS
MEMBERS REMUNERATION SEVERANCE MILEAGE 8 MEETINGS TOTAL
s a s s s
Abernethy,J.(6) 43,201.71 - 929.72 2,022.44 46,153.87
Crawford,S. 43,201.71 - 2,627.44 45,829.15
Cullen,A.(5) 49,180.93 - 664.39 3,533.38 53,378.70
Drumm,J.(6) 43201.71 - 58.02 2,428.65 45,688.38
Emm,G.(6) 43,201.71 - - 5,488.98 48,690.69
Grant,J. 43,201.71 - 2,906.15 1,729.88 47,837.74
Gray,J.(5) 49,180.93 - - 215.66 49,396.59
Henry,J. 43,201.71 - - - .43,201.71
Herrema,H.(6) 43,201.71 - 1,453.34 1,318.93 45,973.98
Johnson,R. 43,201.71 - 1,159.90 2,239.31 46,600.92
Jordan,C. 43,201.71 - 430.38 2,862.28 46,494.37
Kolodzie,J. 43,201.71 - 125.24 2,153.92 45,480.67
Littley,B. 43,201.71 - 386.65 2,206.15 45,794.51
Lutczyk,R. 43,201.71 - 277.64 5,783.81 49,263.16
McLean,W. 43,201.71 - 411.18 1,891.14 45,504.03
McMillen,J. 43.201.71 - 4,354.15 3,452.96 51,008.82
Mitchell,D.(6) 43,201.71 - 146.99 - 43,348.70
Neal,J. 43,201.71 - 466.37 1,857.58 45,525.66
Nicholson.B. 43,201.71 - 183.67 - 43,385.38
Novak,M.(6) 43,201.71 926.70 1,848.05 45,976.46
O'Connor,L. 43,201.71 - 2,248.04 5,293.88 50,743.63
Parish,S. 43,201.71 390.57 - 43,592.28
Pearce,M.(5) 49,180.93 - 1,166.23 1,730.75 52,077.91
Perkins,P.(6) 43,201.71 - - - 43,201.71
Pidwerbeckf,N. 43,201.71 - 426.97 2,412.40 46,043.08
Ryan,D. 43,201.71 - 492.92 1,699.90 45,394.53
Shepherd,R.(6) 43,201.71 - 1,311.79 4,447.72 46,961.22
Trim,C. (5)(6) 49,180.93 - 3,280.19 4,368.04 56.829.16
1,233,564.76 24,199.20 63,613.25 1,32 1®
2007 PAYMENTS TO CONFERENCES,
FORMER REGIONAL CONVENTIONS,
COUNCIL MEMBERS REMUNERATION SEVERANCE MI_ LEAGE 8 MEETINGS TOTAL
s s s s s
Brenner.M. - 53,026.25 - - 53,026.25
Brunelle,M. - 72,631.50 - - 72,631.50
Clarke,C. - 42,421.00 - - 42,421.00
O'Connor,G. - 72,631.50 - - 72,631.50
SON,S. - 53,02625 - - 53,026.25
Schell,J. 21,210.50 21,210.50
31 314,947.00
1510
SCHEDULEI
(continued)
REGIONAL COUNCIL MEMBERS
2007 REMUNERATION AND EXPENSES
CONFERENCES,
CONVENTIONS,
REGIONAL CHAIR REMUNERATION SEVERANCE MILEAGE &MEETINGS TOTAL
a a s s s
Anderson,R. 163,196.91 - 7,068.61 21,888.69 192,154.21
WASTE TECHNOLOGY TRAVEL
EUROPEAN TRIP REMUNERATION SEVERANCE MILEA E COSTS TOTAL
5 S S S S
Anderson,R. - - - 5,916.71 5,916.71
Emm,G. - - - 5,711.70 5,711.70
Herrema,H. - - - 5,711.70 5,711.70
Johnson,R. - - - 5,852.53 5,852.53
Novak,M. - - - 5,711.70 5,711.70
Perkins,P. - - - 5,711.70 5,711.70
Pidwerbecki,N. - - - 5,690.07 5,690.07
Trim,C. 5,711.70 5,711.70
46,017.81 46,017.81
TRADE A INVESTMENT TRAVEL
MISSION REMUNERATION SEVERANCE MILEAGE COSTS TOTAL
s a a s s
Anderson,R - - - 7,796.04 7,796.04
Parish,S. - - - 2.500.00 2,500.00
Ryan,D. 6,840.00 6,840.00
17,136.04 17,136.04
NOTES TO SCHEDULE OF REGIONAL COUNCIL MEMBERS 2007 REMUNERATION AND EXPENSES
(1) Remuneration to the Regional Chair and Councillors is authorized by by-laws#16-2007,#01-2005,#08-2004,
#09-2007,#10-2004,#50.95,#61-93,and#142-92.
(2) The Regional Chair is provided with an automobile and Is reimbursed for actual expenses incurred.
(3) Regional Councillors are reimbursed as follows:
Mileage-based on a rate per kilometre.
Conferences,Meetings,etc.-a rate of S60/day for meals,etc.wilhout receipts;however,If the daily rate
is insufficient,actual expenses with receipts are reimbursed.
Accommodation,registration,etc.-reimbursed based on actual receipts.
(4) Expenses relating to Regional Council study and training sessions are not included in this statement.
(5) Denotes Regional Committee Chair.
(6) Remuneration is paid to Regional Councillor by the Area Municipality,and the Region reimburses the
Area Municipality.
1511
SCHEDULE 2
REGIONAL COUNCIL MEMBERS
2007 COMPENSATION PAID IN LIEU OF PENSION PLAN
REGIONAL COUNCIL IN LIEU OF PENSION
MEMBERS $
Brenner,M. 2,533.33
Clarke,C. 2,533.33
Crawford,S. 2,775.80
Cullen,A. 2,823.80
Grant,J. 229.78
Gray,J. 2,823.80
Henry,J. 229.78
Johnson,R 2,775.80
Jordan,C. 2,775.80
Kolodzie,J. 2,775.80
Littley,B. 229.78
Lutczyk,R. 2,775.80
Mclean,W. 2,775.80
McMillen,J. 2,775.80
Neal,J. 2,775.80
Nicholson,B. 2,775.80
O'Connor,L. 2,775.80
Parish,S. 2,775.80
Pearce,M. 2,823.80
Pidwerbecki,N. 2,775.80
Ryan,D. 3,357.51
Shier,K 2.533.33
53,427.84
REGIONAL CHAIR IN LIEU OF PENSION
s
Anderson,R. 14,692.61
NOTES TO SCHEDULE OF REGIONAL COUNCIL MEMBERS 2007 COMPENSATION PAID
IN LIEU OF PENSION PLAN
1) Pursuant to by-law#08-2004,members of Regional Council,kiduding the Chair,who are not enrolled in OMERS,
are entitled to compensation in Neu of a pension plan. Payment is made in the current year based on
prior year's earnings.
2) Pursuant to by-law#18-2007,the Regional Chair is enrolled in OMERS effective January 1,2007.
1512
SCHEDULE 3
REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS
2007 REMUNERATION AND EXPENSES
CONFERENCES,
REGIONAL COUNCIL CONVENTIONS,
APPOINTEES REMUNERATION MILEAGE MEETINGS TOTAL
i i S i
Central Lake Ontario
Conservation Authority
Crawford,S. 350.00 119.00 - 469.00
Cullen,A. 350.00 - - 350.00
Drumm,J. 350.00 70.00 - 420.00
Emm,G. 2,800.00 120.00 - 2,920.00
Foster,A. 300.00 300,00
Gray,J. 250.00 - - 250.00
Hooper,R. 400.00 116.00 - 516.00
Johnson,R. 400.00 280.00 - 680.00
Kolodzie,J. 50.00 - - 50,00
Mitchell,D. 350.00 129.50 - 479.50
Neal,J. 400.00 • 105.00 - 505.00
Nicholson,B. 350.00 - 350.00
Novak,M. 400.00 104.00 504.00
Pearce,M. 400.00 224.00 - 624.00
Perkins,P. 400.00 112.00 - 512.00
Schell,J. 50.00 200.00 250.00
7,600.00 1,579.50 9.179.
Ganaraska Region
Conservation Authority
Robinson,G. 450.00 171.87 - 621.87
Trim,C. 500.00 282.10 782.10
950.00 453.97 1.403.
Kawartha Region
Conservation Authority
Hodgson,L. 1,150.00 1,285.62 - 2,435.62
Hooper,R. 550.00 670.32 - 1,220.32
McMillen,J. 550.00 252.00 - 802.00
O'Connor,L. 1,700.00 795.90 2495.90
9 3, 6,
Lake Simcoe Region
Conservation Authority
Drew,B. 2,437.53 1,642.50 - 4,080.03
Grant,J. 1,048,90 970.20 - 2,019.10
Herrema,H. 678.70 182.25 860.95
Self,S. 431.90 189.00 - 620.90
Shier,K. 123.40 113.40 236.80
4,720.43 3.097.35 7,817.7
Toronto b Region
Conservation Authority
Jordan,C. 1,105.00 550.84 - 1,655.64
Littley,S. 1,105.00 232.80 - 1,337.80
O'Connor,G.(Note 2) 31,346.78 4,167.70 12.00 35,526.48
33,5 4, 12.00 38,
1513
SCHEDULE 3
(continued)
REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS
2007 REMUNERATION AND EXPENSES
CONFERENCES,
REGIONAL COUNCIL CONVENTIONS,
APPOINTEES REMUNERATION IM LEAGE &MEETINGS TOTAL
S S S S
Social Housing Services
Corporation
O'Connor,L. 400.00 99.00 23.00 522.00
4 .00 99.00 23.00 522,
Canadian National Exhibition
Agricultural Committee
McMillen.J. 1,811.05 1811.05
1.811.05 1,8 1.
Durham Accessibility
Advisory Committee
Angus,A. - - - -
Atkinson,R - 62.00 - 52.00
Sickle.V. -
Cordahi,M.
ComeA.E _ -
Roche,M.
Rundle,P. - 255.40 - 255.40
Sutherland,M. - 25.00 - 25.00
Wilson,0.
332.40 332.4V
Durham Agricultural
Advisory Committee
Beach.E - 205.00 - 205.00
Bowman,E - 126.00 - 126.00
De)ong,1. 429.00 - 429.00
Gray.B. - 597.00 - 597.00
Guthrie.N. _ - _
Kenny K - 367.50 - 367.50
Lea.R. - 98.00 - 98.00
O'Corvtor,K
Pwrft,P. 160.00 - 160.00
Puterbough,F. _ 90.00 90.00
Risebrough,D. - 265.00 - 265.00
Sdu'Uirgs.H. 160.00 - 160.00
Watson.T. 275.00 - 275.00
Westerbasn.R - 527.00 - 527.00
Wafters,J.
3,299.50
Durham Environmental
Advisory Committee
Barrington.A .
Beairslo,L. - - 40.00 40.00
Burt,L.
Edwards,A - 4000 40.00
Elston,S. - 234.12 - 234.12
Farmer,D. 165.00 125.00 290.00
Gillette,L. _
Grieve,S. - 336.00 40.00 376.00
Kamey,B.
Kioss,P. _ _
Lasis.A - 4000 40.00
Manchanda,S.
Middleton.D. - - 40.00 40.00
Murray,K _ _
Pashley,J. - -
Racansky.L. 288.63 - 288.63
White,R - _
1.023.75 T74-879-
1514
SCHEDULE 3
(continued)
REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS
2007 REMUNERATION AND EXPENSES
CONFERENCES,
REGIONAL COUNCIL CONVENTIONS,
APPOINTEES REMUNERATION MILEAGE E MEETINGS TOTAL
s s s s
Durham Region Non-Profit
Housing Corporation
Anderson,R. - - - -
Cullen,A. - - -
Gray,J. - -
O'Connor,L. 6,000.00 - 3.036.00 9,036.00
Pearce,M. - - -
Perkins,P. - - -
Trim,C.
0. 3,036.00 9,036.00
Glen Major Forest and Walker
Woods Stewardship Committee
Georgieff,A.L. 38.50 38.50
3
Land Division Committee
Collins,J. 2,200.00 722.17 3.72 2,925.89
Evans,L. 300.00 147.82 11.83 459.65
Graham,H. 3,850.00 661.32 56.18 4,567.50
Hedge,M. 300.00 64.62 - 364.62
Hurst,J. 3,175.00 - 3,175.00
Komamicki.J.M. 3,025.00 621.23 99.01 3,745.24
Patel,L. 2,225.00 216.05 36.74 2,479.79
Sullivan,D. 4,975.00 276.42 5,251.42
Sutton,R. 2,500.00 358.02 87.96 2,945.98
Taylor,W. 2,400.00 473.12 69.79 2,942.91
24,950.00 367.23 8,
Durham Region Polio
Services Board
Anderson,R. 5,979.22 - 3,591.01 9,570.23
Boyle,B. 7,759.18 361.79 1,293.36 9,414.33
Drumm,J. 5,979.22 - - 5,979.22
Ryan,D. 5 979.22 5,979.22 884.37 30,
69 . 1. 4,
NOTES TO SCHEDULE OF REMUNERATION TO REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS:
1.No remuneration or expenses were paid to Regional Council appointees to the 9-1-1 Management Board,
Greater Toronto Marketing Alliance,Rouge Park Alliance,Metrolim,Greater Toronto Transit Authority,
Durham Regional Local Housing Corporation,Business Advisory Centre Durham,GTA Agricultural
Action Plan Committee,Hwy.407 East Environmental Assessment Group,Association of
Municipalities of Ontario,Association of Local Public Health Agencies,Development Charges
Complaint Committee,Duffins Creek and Carruthers Creek Watershed Resource Group,Durham
Advisory Committee on Homelessness,Greater Toronto Airports Authority,Durham Region
Child and Youth Advocate,Durham Trail Coordinating Committee,Durham-York Residual Waste
Study Joint Management Group,or the Transit Advisory Committee.
2.G.O Connor donated$800 of her honouradum for 2007 directly to the Conservation Foundation of
Greater Toronto via payroll deduction.
1515
HANDOUTS / CIRCULATIONS
FOR GP&A
Clan' n
ieadt�g�hB W� MEMO
CLERK'S DEPARTMENT
To: Mayor Abernethy and Members of Council
From: Anne Greentree, Deputy Clerk
Date: March 28, 2008
Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING
AGENDA — MARCH 31, 2008 — UPDATE
Please be advised of the following amendments to the GPA agenda for the meeting to be
held on Monday, March 31, 2008:
5. (a) Presentation - Richard Tindall & Chris Hamel, KMK
The subject matter of the presentation is the Draft
Recommendation for the Regional Water and Waste Water
Master Plan Including Anticipated Needs for the Next 25 Years
8. (e) PSD-035-08 —Applications to Amend the Clarington Official Plan
and Zoning By-law to Permit an Increase in Outdoor Storage for
an Industrial Use
Attached is Attachment 6 to Report PSD-035-08 — Option
Agreement between Adesa Auctions Canada Inc. and Impact
Auto Auctions Ltd. and the Corporation of the Municipality of
Clarington and Christl View Farms Limited
13. (b) CLD-012-08 —Appointment of Municipal Law Enforcement
Officer—Animal Services
Please be advised of the following correction to Page 2 of Report
CLD-012-08 — Chad Wubbolt's job classification should have
been listed as Building Services I, not Facility Operator I.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
CLERK'S DEPARTMENT MEMO PAGE 2
14. (b) COD-015-08 - CL2007-47, Kendal Kitchen Construction
Attached please find a revised Attachment #2 (Schedule B) for
the above report.
A n Gree ree, ep ty Clerk
cc: F. Wu, Chief Administrative Officer
Department Heads
Attachment 6 to Report PSD-035-08
Draft #3—March 28, 2008
OPTION AGREEMENT
THIS OPTION AGREEMENT made as of the 7th day of April, 2008.
BETWEEN:
ADESA AUCTIONS CANADA INC. ("Adesa")
and IMPACT AUTO AUCTIONS LTD. ("Impact")
(hereinafter collectively called "Adesa/Impact")
OF THE FIRST PART
- and -
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE SECOND PART
- and -
CHRISTL VIEW FARMS LIMITED
(hereinafter called "Christl")
OF THE THIRD PART
WHEREAS:
A. Adesa/Impact is the purchaser and therefore beneficial owner pursuant to an Agreement
of Purchase and Sale dated ("Property Purchase Agreement") of certain lands
more particularly described as Part of Lot 31, Concession 1, former Township of Darlington,
Part 1, IOR-3387, now in the Municipality of Clarington, and known municipally as 1550 Trulls
Road (the "Property"). Christl is the vendor of the Property under the Purchase Agreement.
B. Adesa is associated with Adesa/Impact.
C. Christl is the registered owner in fee simple of the Property.
D. Among other matters, this Option Agreement deals with the portion of Municipality's
planned east-west collector road shown schematically on Schedule 3 hereto which will cross the
Property and which is to be constructed on the "Selected Portion" (as hereafter defined) of the
possible road area on the Property ("Possible East-West Road Area") shown on Schedule 1 to
2
this Option Agreement. The Municipality's planned North-South Road ("North-South Road")
also is shown on Schedule 1 hereto.
E. Both the Possible East-West Road Area and the North-South Road are located on the
Property. This Option Agreement provides the Municipality with an option to purchase ("East-
West Option") the Selected Portion of the Possible East-West Road Area on the terms and
conditions set out below. It also requires Adesa/Impact to transfer the North-South Road in fee
simple to the Municipality, subject to the option reserved by Adesa/Impact to purchase the
North-South Road ("North-South Option") as set out below.
F. The amount of the "Payment" (as hereafter defined) has been calculated by reference to
the estimated cost of Municipality and Regional Municipality of Durham Works that will be
required to construct the part of east-west collector road that is to be located on the Selected
Portion. This Option Agreement does not require the Municipality to expend the amount of the
Payment on such Works and provides that such amount is the absolute property of the
Municipality, subject to the provisions of this Option Agreement.
G. The execution of this Option Agreement on behalf of the Municipality by the Mayor and
Municipal Clerk is authorized by By-law 2008- passed by the Municipality's Council at its
meeting on April 7, 2008,
NOW THEREFORE in consideration of the promises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt and sufficiency
of which is hereby acknowledged by each of the parties), each party covenants and agrees with
the other party as follows:
RECITALS
1. The foregoing Recitals are true and correct.
FINAL APPROVAL OF PLANNING DOCUMENTS OR UNWINDING OF AGREEMENT
2. (1) This Option Agreement shall unwind and have no further force or effect if on or
before May 31, 2008 (a) an Official Plan Amendment substantially in accordance
with the official plan amendment submitted by Adesa/Impact to the Municipality
(File No. COPA 2007-007, (b) a Zoning by-law Amendment substantially in
accordance with the zoning by-law amendment application submitted by
Adesa/Impact to the Municipality (Municipality File No. ZBA 2007-0026
("Planning Documents"), which are required in order to permit development and
use of the Property for a motor vehicle re-marketing, auction and logistics facility
are not adopted or passed by the Municipality on or before May 31, 2008, and (c)
the Property Purchase Agreement has not been completed by the transfer of the
3
Property either to Adesa/Impact or to the person directed by Adesa/Impact to take
title to the Property. This Agreement shall also unwind and have no further force
or effect if the Planning Documents are adopted or passed on or before May 31,
2008, but they do not come into force and effect on or before December 31, 2009.
(2) If any one or more appeals are made to the Ontario Municipal Board from the
adoption or passing of any of the Planning Documents by the Municipality's
Council, and the "Final Disposition" (as hereafter defined) of such appeal(s) does
not result in the final approval of the Planning Documents, subject to only such
modifications and/or amendments that are "Permitted Amendments" (as hereafter
defined), the Option Agreement shall unwind and have no force or effect on the
date of such Final Disposition.
(3) For the purposes of this Option Agreement,
(a) the term "Permitted Amendments" means any modifications of and/or
amendments to any one or more of the Planning Documents which,
(1) do not have the effect either of imposing any additional restrictions
on the development of the Property for the purposes set out in
paragraph 2(1) or of imposing additional obligations on
Adesa/Impact; or
(2) is either proposed by the Municipality or is made by the Ontario
Municipal Board, and which either prior to or within thirty (30)
days of such modification and/or amendment being proposed or
made, Adesa/Impact notifies the Municipality in writing that such
modification or amendment is acceptable to it; and
(b) the term "Final Disposition" means the latest to occur of
(1) the withdrawal of all appeals respecting the Planning Documents;
(2) if any appeal is not withdrawn, unless an application for leave to
appeal from or judicial review of the decision/order of the Board is
made to the Ontario Divisional Court, the issuance of a final order
by the Ontario Municipal Board in respect of the appeal;
(3) if an application for leave to appeal or judicial review to the
Ontario Divisional Court is made from a decision by the Ontario
Municipal Board, the date of issuance of an order by the Divisional
4
Court dismissing the application for leave to appeal or judicial
review, or if leave to appeal is granted, the date of issuance of a
final order by the Divisional Court in respect of the appeal; and
(4) if an application is made for leave to appeal to the Ontario Court of
Appeal from a decision of the Ontario Divisional Court, the date of
issuance of an order by the Court of Appeal dismissing the
application for leave to appeal, or if leave to appeal is granted, the
date of issuance of a final order by the Court of Appeal in respect
of the appeal.
(4) For the purposes of this Option Agreement, the term "Final Approval" means the
latest to occur of
(1) the enactment of the Planning Documents by the Municipality and the
expiration of all appeal periods therefrom, without any appeals having
been filed; and
(2) if any appeal is filed, the Final Disposition of all such appeals that result in
the Planning Documents coming into full force and effect, subject to only
such modifications and/or amendments that are Permitted Amendments.
(5) In the event there is any appeal of either or both of the Planning Documents to the
Ontario Municipal Board, Adesa/Impact in its sole discretion may elect not to
participate in the Ontario Municipal Board hearing or any Court proceeding
arising therefrom and on receipt of a written notice to the Municipality to that
effect,
(a) Adesa/Impact will not object to the repeal of the Planning Documents if
the Municipality in its sole discretion decides not to proceed with the
Ontario Municipal Board hearing or the Court proceeding; and
(b) Subject to paragraph 2(5)(a) which shall survive the unwinding of this
Option Agreement pursuant to paragraph 2, this Option shall be deemed to
have unwound and have no further force or effect on the day that notice of
Adesa/Impact's written notice of its election not to participate in the
Ontario Municipal Board hearing or in any Court proceeding arising
therefrom is given to the Municipality.
(6) In the event that there is an appeal of either or both of the Planning Documents to
the Ontario Municipal Board and there is no Final Disposition of all such appeals
on or before December 31, 2009, Adesa/Impact and Christl hereby irrevocably
5
consent to the repeal of the Planning Documents and this Option Agreement shall
unwind and have no further force or effect on and from the day that the last of the
aforesaid repeals is passed by the Municipality's Council.
(7) If this Option Agreement unwinds pursuant to this paragraph 2, the Municipality
consents to and will cooperate with Adesa/Impact and Christl in expunging it or
any Notice of it including the Option from the title to the Property as soon as is
reasonably practicable after the date on which such unwinding occurs.
PAYMENT TO MUNICIPALITY
3. (1) On or prior to the execution of this Option Agreement by the Municipality,
Adesa/Impact shall pay the sum of Six Hundred and Fifty Thousand
($650,000.00) Dollars ("Payment") in cash or by certified cheque payable to The
Corporation of the Municipality of Clarington and delivered to Black, Sutherland
LLP ("Trustee") in trust. (The Payment when made to the Trustee is referred to as
the "Trust Funds".) Alternatively, Adesa/Impact may deliver a Security to the
Trustee in the amount of Six Hundred and Fifty Thousand ($650,000.00) Dollars.
(2) If the Payment is made by cash or certified cheque, it shall be held by the Trustee
until the earlier to occur of the date on which the Planning Documents receive
Final Approval and the date on which this Option Agreement unwinds pursuant to
paragraph 2(1) hereof, whichever shall occur. If the Planning Documents receive
Final Approval, forthwith thereafter, the Trustee either shall pay to the
Municipality the Trust Funds or shall deliver the Security to the Municipality.
(3) If this Option Agreement unwinds and has no further force or effect, forthwith
thereafter, the Trustee either shall pay to Adesa/Impact the Trust Funds or shall
return the Security undrawn upon to Adesa/Impact.
(4) If the Trustee pays the Trust Funds or delivers the Security to the Municipality
pursuant to paragraph 3(2), the Trust Funds or the amount secured by the Security
shall be the absolute property of the Municipality. For the avoidance of doubt,
despite the basis of calculation of the amount of the Payment, the Municipality in
its absolute discretion may expend the Payment or may draw on the Security for
any lawful purpose, whether or not the Option respecting the East-West Road is
exercised by the Municipality. Adesa/Impact shall not seek or cause or suffer any
person to seek a credit for the amount of the Payment pursuant to the
Development Charges Act, 1997, R.S.O. 1997, c.27 or any amendment to it or
replacement of such Act.
(5) The Security referred to in paragraph 3(1) shall name The Corporation of the
Municipality of Clarington as the person entitled to draw on the Security. It shall
be an irrevocable and unconditional letter(s) of credit issued by a bank listed in
6
Schedule I or II of the Bank Act and shall be in a form and contain terms that are
satisfactory to the Municipality's Director of Finance.
OPTION TO PURCHASE SELECTED PORTION FOR PART OF EAST-WEST COLLECTOR ROAD
4. Adesa/Impact hereby grants to the Municipality an irrevocable option to purchase ("East-
West Option") the fee simple absolute in possession free and clear of encumbrances and
restrictions, except "Permitted Encumbrances" as defined in Schedule 2 hereto, that part
of the Property identified on Schedule 1 hereto as the Possible East-West Road Area
which is not more than twenty-six (26) metres wide and is selected by the Municipality's
Director of Engineering Services on or prior to December 31, 2028 ("Selected Portion").
The parties hereby irrevocably authorize the aforesaid Director to add a plan showing the
location of the Selected Portion to Schedule 5 as soon as is reasonable practicable after he
has determined the location of the Selected Portion. Forthwith after making the aforesaid
addition to Schedule 5 showing the Selected Portion, the Director of Engineering
Services shall provide a copy of Schedule 5 showing the Selected Portion to the parties
hereto other than the Municipality.
5. The East-West Option may be exercised on or prior to December 31, 2028, Adesa/Impact
shall give the Municipality written notice not more than sixty (60) days in advance of the
date of expiry of the East-West Option that it will expire unless it is exercised prior to or
on December 31, 2028. If Adesa/Impact gives the aforesaid written notice to the
Municipality and the East-West Option is not exercised on or by December 31, 2028, the
East-West Option shall expire and Adesa/Impact's rights under paragraph 4 shall
terminate and shall have no further force or effect.
6. The East-West Option shall be exercised by the Municipality giving written notice that
the East-West Option has been exercised to Adesa/Impact or its successor in title as
owner of the fee simple estate in the Selected Portion. The day on which the Option is so
exercised is referred to hereafter as the "East-West Option Exercise Date".
7. Notwithstanding any other provision of this Option Agreement, the Municipality will not
exercise the East-West Option unless and until Council has adopted a resolution and
implementing by-law committing the Municipality to proceeding with construction of the
east-west collector road ("East-West Road") shown schematically on Schedule 3 hereto,
being an excerpt from the Municipality's Official Plan, to the extent, at a minimum, that
it will be constructed (1) on the Selected Portion, and/or (2) westerly therefrom, and/or
(3) easterly from the eastern boundary of Trulls Road, for sufficient distances in each
direction that the East-West Road will intersect with planned or existing roads proceeding
northerly, or southerly, or both.
8. Any reference plan of survey of the Selected Portion that may be required for the purpose
of the transfer of the Selected Portion to t he Municipality and its registration on title,
shall be prepared and deposited on title by the Municipality at its cost.
9. On the exercise of the East-West Option by the Municipality, Adesa/Impact and the
Municipality shall be deemed to have entered into a binding agreement of purchase and
sale of the land comprising the Selected Portion ("East-West Purchase Agreement").
10. The provisions of the East-West Purchase Agreement shall be deemed to contain the
additional terms and conditions set out in Schedule 2 hereto. The East-West Purchase
Agreement shall include:
(a) a term that the East-West Purchase Agreement shall be completed on the day
which is the day of expiry of the fifteen (15) day period commencing on the East-
West Option Exercise Date (hereafter the "Completion Date"), subject to
paragraph 3 of Schedule 2 hereto; and
(b) a term that ensures that Adesa/Impact will have access from the two parcels of the
Property remaining in its ownership (north and south of the Selected Portion)
from the date that the transfer of the Selected Portion to the Municipality is
delivered, the Escrow having been satisfied.
TRANSFER OF NORTH-SOUTH ROAD
11. On or prior to the deletion of the H (Holding) prefix from the Zoning By-law applicable
to the Property, Adesa/Impact shall deliver in escrow to the Municipality's solicitor a
transfer of the land which comprises the "North-South Road" on Schedule 1 hereto to the
Municipality together with the necessary executed authorization and direction to allow it
to be registered on title ("Escrow"). The transfer shall be free and clear of all
encumbrances and restrictions, provided that the transfer shall reserve to Adesa/Impact
the North-South option to purchase ("North-South Option"), the fee simple absolute in
the North South Road free and clear of encumbrances and restrictions except Permitted
Encumbrances as defined in Schedule 4 hereto for(Two) $2.00 Dollars.
12. The transfer referred to in paragraph 11 shall be in a form satisfactory to the
Municipality's solicitor. It shall be made for a nominal consideration. The Escrow
condition set out in paragraph 11 shall be satisfied by the Final Approval of the Planning
Documents whereupon the delivery of the Escrow documents is deemed to be complete.
Thereafter the Municipality may then register the transfer on title of the lands comprising
8
the North-South Road. If this Option Agreement unwinds, forthwith thereafter the
Escrow transfer, authorization and direction shall be returned to Adesa/Impact.
13. Adesa/Impact may exercise the North-South Option if during the period of thirty (30)
years commencing on the date of Final Approval of the Planning Documents ("Term")
the Municipality declares the land comprising the North-South Road surplus to the
Municipality's requirements. The North-South Option shall terminate and have no further
force or effect on the earlier to occur of (a) the day on which the Municipality
commences construction of the North-South Road on the portion of land now within the
Property, and (b) the expiry of the Term of the North-South Option.
14. The North-South Option may be exercised by Adesa/Impact giving the Municipality
written notice that the North-South Option has been exercised. The day on which the
North-South Option is so exercised is referred to hereafter as the "North-South Option
Exercise Date".
15. On the exercise of the North-South Option, Adesa/Impact and the Municipality shall be
deemed to have entered into a binding agreement of purchase and sale of the North-South
Road ("North-South Purchase Agreement").
16. Subject to paragraph 4 of Schedule 4, the provisions of the North-South Purchase
Agreement shall be deemed to contain the terms and conditions set out in Schedule 4
hereto in addition to a term that the North-South Purchase Agreement shall be completed
on the day which is the day of expiry of the fifteen (15) day period commencing on the
North-South Option Exercise Date (hereafter the "Completion Date").
17. Adesa/Impact at its cost shall prepare and deposit on title a reference plan of survey
which shows the North-South Road for the purpose of the transfer of the North-South
Road in Escrow to the Municipality's solicitor and registering the transfer on title after
delivery of the transfer to the Municipality is completed, the Escrow having been
satisfied.
EAST-WEST AND NORTH-SOUTH ROADS
18. The Municipality acknowledges that Adesa/Impact is not and will not be responsible for
contributing any funds toward the cost of construction either of the part of the east-west
collector road located on the Selected Portion or of the North-South Road other than by
way of general development charges levied by the Municipality pursuant to the
Development Charges Act, 1997.
9
19. The Municipality shall be responsible for the maintenance and repair of both of the part
of the east-west collector road located on the Selected Portion and the North-South Road
after they are constructed from the general revenues of the Municipality, unless or until it
or they are closed as a public highway.
20. The Municipality will consult with Adesa/Impact or its consulting engineers in respect of
the design of the east-west collector road located on the Selected Portion and the North-
South Road. Adesa/Impact shall be given the opportunity to inspect such plans and
documentation as may be reasonably required for such consultation.
21. (1) Notwithstanding any right it may otherwise have under the non-conforming use
provision of the Planning Act, at all times Adesa/Impact will comply with the
regulations set out in section 24.4.19(c) which is added to the Zoning By-law by
By-law 2008- and any successor to it, forthwith after each occasion on which
the Municipality's Director of Planning Services gives Adesa/Impact written
notice that either or both(1)the portion of the public highway to be located on the
Selected Portion has been constructed and (2) the public highway to be located on
the North-South Road has been constructed. A copy of By-law 2008- is
contained in Schedule 6 hereto.
(2) Adesa/Impact acknowledges that amendments to the approved site plan may be
required in order to implement the intent of paragraph 21(l) respecting screening
of outside storage. It acknowledges that any such site plan amendments must be
approved by the Municipality pursuant to section 41 of the Planning Act. The
Municipality agrees that Adesa/Impact will retain its right to refer any such
amendments to the Ontario Municipal Board if the content of the amendments
cannot be resolved to the satisfaction of the Municipality's Director of Planning
Services.
REIMBURSEMENT OF MUNICIPALITY'S COSTS
22. On or prior to the day on which the Planning Documents are adopted or passed by the
Municipality, Adesa/Impact shall pay to the Municipality, the Municipality's reasonable
legal fees and disbursements for the preparation and the registration on title of this Option
Agreement or Notice of it.
10
ACTING REASONABLY
23. All discretionary decisions of officials of the Municipality, and the Municipality itself,
which are referred to in this Option Agreement shall be deemed to be qualified by the
words "acting reasonably".
NOTICE
24. If any notice or other document is required by this Option Agreement to be or may be
given by the Municipality or by any official of the Municipality to Adesa/Impact, or by
Adesa/Impact to the Municipality, such notice shall be transmitted by telefax, mailed by
first class prepaid post or delivered to:
To Adesa/Impact:
Managing Director
Impact Auto Auctions Ltd.
50 Burnhamthorpe Road West
Suite 800
Mississauga Ontario
L5B 3C2
Fax: 905-896-9001
OR,
To the Municipality:
The Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Attention: Director of Planning Services
Fax: 905-623-0830
OR,
To Christl:
Christl View Farms Limited
493 Finucane Street
Oshawa, ON L1J 5L1
or such other telefax number or address of which either party has notified the other party
in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and
sufficient notice under the terms of this Option Agreement, and if telefaxed or delivered
prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory
holidays) shall be deemed to have been received at the time of delivery or transmission,
and if mailed by pre-paid registered mail, it shall be deemed to have been received on the
third business day (excluding Saturdays, Sundays and statutory holidays) following the
mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably
anticipated that due to Force Majeure any notice will not be received within the time limit
set out above, then such notice shall be sent by an alternate means of transportation which
11
may reasonably be anticipated will cause the notice to be received expeditiously by the
addressee.
FORCE MAJEURE
25. The term "Force Majeure" means any delay which is imposed by reason of strikes,
lockouts, riots, wars or acts of military authority, acts of public enemies, sabotage,
epidemics, washouts, nuclear and radiation activity or fallouts, rebellion or civil
commotion, fire or explosion, flood, wind, water, earthquake or other casualty, or an Act
of God and any act, omission or event whether of the kind herein enumerated or
otherwise not within the control of Adesa/Impact or the Municipality, none of which has
been caused by the deliberate default or act or omission by such party and none of which
has been avoidable by the exercise of reasonable effort or foresight by Adesa/Impact or
the Municipality. A party shall notify the other party to this Option Agreement of the
commencement, duration and consequence (so far as the same is within the knowledge of
the first party) of any Force Majeure affecting the performance of any of its obligations
hereunder within thirty (30) days of gaining such knowledge.
REGISTRATION AND POSTPONEMENTS
26. (1) Adesa/Impact and Christl consent to the registration of this Option Agreement or
a Notice of it as a charge against the title to the Property. Forthwith after
Adesa/Impact has satisfied its obligations pursuant to this Option Agreement, the
Municipality shall execute at Adesa/Impact's written request, such documents
prepared by Adesa/Impact as are necessary to remove the registration of this
Option Agreement or Notice of it from title to the Property.
(2) Christl hereby postpones it rights in respect of its Property to the rights of the
Municipality under this Option Agreement.
(3) If this Option Agreement unwinds pursuant to paragraph 2(1), the Municipality
shall execute at Christl's written request such documents prepared by Christl as
are necessary to remove the
TIME OF THE ESSENCE
27. Time is of the essence of this Option Agreement.
12
AUTHORITY OF MUNICIPALITY
28. Adesa/Impact and Christl acknowledge and agree that the Municipality has authority to
enter into this Option Agreement, that every provision hereof is authorized by the law
and fully enforceable by the parties, and that this Option Agreement is executed by the
Municipality in reliance on the acknowledgement and Option Agreement of
Adesa/Impact and Christl as aforesaid.
29. Adesa/Impact and Christl acknowledge that nothing in this Option Agreement shall, or
shall be deemed to fetter or derogate from the Municipality's responsibilities or
obligations under the Planning Act.
INTERPRETATION
30. (1) The Schedules attached to this Option Agreement are intended by the parties and
shall be deemed to be parts of its operative provisions. The Schedules shall have
the same effect as covenants contained in this Option Agreement.
(2) A reference to a statute or to a by-law in this Option Agreement shall be deemed
to include a reference to any successor to such statute or by-law.
(3) In this Option Agreement, unless the context otherwise requires, the masculine
shall include the feminine and the neuter, the singular shall include the plural and
the plural shall include the singular.
LAWS OF ONTARIO APPLY
31. The laws of the Province of Ontario shall govern this Option Agreement and the
enforcement of it by any of the parties.
FURTHER ASSURANCES
32. The parties hereby covenant and agree to forthwith execute and provide all further
documents, instruments and assurances as may be necessary or required in order to carry
out (and give effect to) the true intent of this Option Agreement, and to effect the
registration against and release from title to the Property of such notices or other
instruments in accordance with the provisions of this Option Agreement.
ENUREMENT
33. This Option Agreement shall enure to the benefit of and be binding on the parties hereto,
and their respective successors and assigns.
13
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the
day and year first above written and the Parties hereto have hereunto affixed their corporate seals
by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND ) THE CORPORATION OF THE
DELIVERED ) MUNICIPALITY OF CLARINGTON
In the presence of:
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
I/we have power to bind the Corporation.
ADESA AUCTIONS CANADA INC.
Name: Title:
Name: Title:
I/we have power to bind the Corporation.
IMPACT AUTO AUCTIONS LTD.
Name: Title:
Name: Title:
I/we have power to bind the Corporation.
CHRISTL VIEW FARMS LIMITED
Name: Title:
Name: Title:
I/we have power to bind the Corporation.
Attachment 6 to Report PSD-035-08
SCHEDULEI
Selected Portion and
North-South Road
(Insert drawing showing the Selected Portion
and the area of the North-South Road)
Attachment 6 to Report PSD-035-08
SCHEDULE 2
Additional Terms and Conditions of
East-West Purchase Agreement
The East-West Purchase Agreement arising from the exercise of the East-West Option
shall contain the following additional terms and conditions:
1. Taxes and rent shall be apportioned between the parties and allowed to the Completion
Date, as same may be extended pursuant to the terms of this Schedule.
2. The Municipality shall be permitted until the Completion Date, as same may be extended
pursuant to the terms of this Schedule, to search title to the Selected Portion of the
Property. Title to the Selected Portion shall be free and clear from all restrictions,
charges, liens and encumbrances, save and except for:
(a) any registered municipal agreements and registered agreements with publicly
regulated utilities, providing such have been complied with or security has been
posted to ensure compliance and completion, as evidenced by a letter from the
relevant municipality or regulated utility; and
(b) any minor easement for the supply of domestic utility or telephone services to any
part of the Property (as defined in the Option Agreement) or adjacent property,
(collectively referred to as "Permitted Encumbrances").
3. If, within the time provided, any valid objection to title is made in writing to
Adesa/Impact or Adesa/Impact's solicitor and which Adesa/Impact is unable to remove,
remedy or satisfy by the Completion Date and which the Municipality will not waive,
then the Municipality, at its option, from time to time, may extend the Completion Date,
by giving notice in writing to Adesa/Impact or Adesa/Impact's solicitor setting forth such
extended Completion Date. Until the extended Completion Date, Adesa/Impact shall seek
to resolve or satisfy all such objections to title in good faith and diligently. Save as to any
valid objection so made and, except for any objection going to the root of title, the
Municipality shall be conclusively deemed to have accepted Adesa/Impact's title to the
Selected Portion.
4. If Adesa/Impact has been unable to remove, remedy or satisfy any valid objection to title
by the Completion Date, as same may have been extended pursuant to the terms of this
Schedule, then the Municipality, at its option, may deliver Notice of Expropriation
pursuant to the Expropriations Act, and Adesa/Impact agrees not to dispute such Notice
of Expropriation. The Municipality may thereafter register a Plan of Expropriation and
2
Adesa/Impact agrees that, notwithstanding the date of registration of such
Plan of Expropriation, the compensation payable to Adesa/Impact and any encumbrance
shall be a nominal consideration of two ($2.00) dollars.
5. The East-West Purchase Agreement shall be binding on Adesa/Impact's successors,
administrators and assigns and shall enure to the benefit of the Municipality, its
successors and assigns.
6. On the Completion Date, the Municipality shall be paid the amount, if any which shall be
necessary for the Municipality to pay to the Receiver General for Canada in order to
satisfy the Municipality's liability in respect of tax payable by Adesa/Impact under the
non-residency provisions of the Income Tax Act by reasons of the exercise of the Option.
The Municipality shall not claim such credit if Adesa/Impact delivers, on the Completion
Date, the prescribed Certificate or a Statutory Declaration that Adesa/Impact is not then a
non-resident of Canada. Adesa/Impact shall also deliver on the Completion Date to the
Municipality evidence of compliance of the transaction with the Family Law Act, as
amended or replaced from time to time.
7. The Transfer/Deed, save for the Land Transfer Tax Affidavit, shall be prepared in
registrable form at the expense of the Municipality.
8. Time shall, in all respects, be of the essence hereof, provided that the time for doing or
completing any matter provided for herein may be extended or abridged by an agreement
in writing signed by the Municipality and Adesa/Impact or by their respective solicitors
who are expressly appointed in this regard.
9. The Selected Portion shall be and remain until completion of the East-West Purchase
Agreement at the risk of Adesa/Impact.
10. The East-West Purchase Agreement shall be governed by the laws of the Province of
Ontario.
Attachment 6 to Report PSD-035-08
SCHEDULE3
Excerpt from Official Plan
Attachment 6 to Report PSD-035-08
SCHEDULE 4
Additional Terms and Conditions of
North-South Purchase Agreement
The North-South Purchase Agreement shall contain the following additional terms and
conditions:
1. Taxes and rent shall be apportioned between the parties and allowed to the Completion
Date, as same may be extended pursuant to the terms of this Schedule.
2. Adesa/Impact shall be permitted until the Completion Date, as same may be extended
pursuant to the terms of this Schedule, to search title to the North-South Road. Title to the
land comprising the North-South Road shall be free and clear from all restrictions,
charges, liens and encumbrances, save and except for:
(a) any registered municipal agreements and registered agreements with publicly
regulated utilities, providing such have been complied with or security has been
posted to ensure compliance and completion, as evidenced by a letter from the
relevant municipality or regulated utility; and
(b) any minor easement for the supply of domestic utility or telephone services to any
part of the North-South Road (as defined in the Option Agreement) or adjacent
property,
(collectively referred to as "Permitted Encumbrances").
3. If, within the time provided, any valid objection to title is made in writing to the
Municipality or the Municipality's solicitor and which the Municipality is unable to
remove, remedy or satisfy by the Completion Date and which Adesa/Impact will not
waive, then Adesa/Impact, at its option, from time to time, may extend the Completion
Date, by giving notice in writing to the Municipality or the Municipality's solicitor
setting forth such extended Completion Date. Until the extended Completion Date,
Adesa/Impact shall seek to resolve or satisfy all such objections to title in good faith and
diligently. Save as to any valid objection so made and, except for any objection going to
the root of title, Adesa/Impact shall be conclusively deemed to have accepted the
Municipality's title to North-South Road.
4. The North-South Purchase Agreement shall be binding on the Municipality, its
successors and assigns and shall enure to the benefit of Adesa/Impact, its successors,
administrators and assigns.
2
5. The Transfer/Deed, save for the Land Transfer Tax Affidavit, shall be prepared in
registrable form at the expense of Adesa/Impact.
7. Time shall, in all respects, be of the essence hereof, provided that the time for doing or
completing any matter provided for herein may be extended or abridged by an agreement
in writing signed by the Municipality and Adesa/Impact or by their respective solicitors
who are expressly appointed in this regard.
8. The land comprising the North-South Road shall be and remain until completion of the
Purchase and Sale Agreement at the risk of Adesa/Impact.
9. The North-South Purchase Agreement shall be governed by the laws of the Province of
Ontario.
Attachment 6 to Report PSD-035-08
SCHEDULE5
Plan Showing Selected Portion
Attachment 6 to Report PSD-035-08
SCHEDULE6
By-law 2008-
REPORT COD-015-08 PAGE 5
Schedule "B" (Revised) RECEIVED
MUNICIPALITY OF CLARINGTON MAR 2 2008
KENDAL COMMUNITY CENTER
6742 Newtonville Road
Kendal,Ont.LOAIEO OPERATIONS DEPT.
The Kendal Community Center Board at their meeting of February 26,2008 agrees to
Contribute an additional$10,000 for the construction of the kitchen,as it relates
Tender CT 200747.
Funds are available in GIC'S and would be forwarded to the Municipality at their request.
President
Jim So
MCI—,q"\\MAR 2 7 2008
MUNICIPALITY FINANCE ARINGTON
Ch ( l, tic , e-Y
L A4-
108MAR20 Pt-112.44:32
Proposal
A. This proposal is to change the existing use of the exhibit space
at the Garnet Rickard Recreation Complex in Bowmanville,
formerly known as "Total Hockey", to a publicly-owned
Theatre/Auditorium.
B. The building was completed in 2006, and is completely in
accordance with all building codes. It has existing heating, air
conditioning, emergency exits, fire alarms, sprinkler systems and
is ground floor wheelchair accessible. There is an existing gift
shop that can be converted to a lounge area, washrooms within
the main building, free abundant parking and nearby public trans-
portation.
C. Mr. Alan Tibbles, Theatre Manager for Oshawa Little Theatre has
kindly offered to act as consultant. He has toured the site, and
in his opinion the space could easily be converted to a very nice
theatre of approximately 200-250 seats. This theatre would
include a stage and backstage area, small dressing and prop
rooms, carpeted raked floors and comfortable plush seating.
D. There would be multiple benefits to this auditorium. Children
and teens would have a fully-equipped venue for their music and
and dance recitals, and Theatre Arts Programs for children
could be run in the summer months. The citizens of Clarington
would have access to drama, music, comedy, dance, lectures
and fashion shows. A Theatre represents community
participation as well as entertainment. Council could even use
the facility for meetings, delegations or presentations too large
to be accommodated in its present 129-person Council
Chambers. The facility could be rented out to commercial
ventures for business meetings.
Page 2 of 3
E. A very important consideration is that of "Cultural Tourism". We
need to keep our town alive and vital as it grows and changes.
Many other towns have succumbed to the pressures of urban
sprawl, resulting in the demise of a downtown core. A Theatre
would bring in patrons from Newcastle, Newtonville, Oshawa,
Courtice and all the satellite towns to the north who can dine and
drink at our many fine ethnic and Canadian restaurants, pubs
and coffee houses, perhaps combined with a day of shopping
in local antique and specialty shops within the Town.
Restaurants could be encouraged to provide Dinner/Theatre
packages...or perhaps a special Theatre package combined with
Town Festivals could be offered. There are many exciting
possibilities.
F. Cobourg, Port Hope, Port Perry, and Lindsay all boast Theatre/
Auditoriums that serve to provide year-round entertainment.
Clarington has many fine recreational facilities; a good seniors
centre, a great Visual Arts Centre in a picturesque historical
setting, libraries, swimming pools, skating rinks, indoor soccer
grounds, football and baseball parks. A Theatre/Auditorium
addition to the Rickard Recreation Complex would fulfill
the only item lacking from our well-rounded community.
G. Funds for the installation of the Theatre can be sought from
fees paid by the many developers now building in and around
the Town. These fees are levied to provide for the infra-
structure as it is required by a burgeoning population. The
Trillium fund and other provincial and federal agencies
associated with cultural development initiatives can be
approached. Corporate and private donors can be sought. A
"Seat Donation" program is a way to market the Theatre so that
everyone from individuals to families or groups can participate
in this community project.
Brampton', Burlington and other Municipalities are spending
millions of dollars to erect Performing Arts Centres. Keeping in
1Brampton.......$55,000,000...Toronto Star October 3/2006
2 Burlington.....$36,000,000....Toronto Sun March 2/2008
page 3 of 3
mind that the most expensive part of the project, the building
itself, is already a reality, Clarington can have the same at a
mere fraction of this cost.
H. At this point in time, it is too early to proffer a business plan
without fully understanding all the costs or exploring all the
revenue opportunities. All that can be requested is an
architectural plan/feasibility study to assess the possibilities of
this undertaking.
J. This is Bowmanville's bi-centennial year. It is difficult to think
of a community project more fitting to celebrate 150 years of
civic pride than acknowledging the importance of the Arts to
the well-being of its citizens, and creating a useful, lasting
monument to this event in our history.
Respectfully submitted this day of 20089
by the Bowmanville-Clarington Performing Arts Association.
T r t -ow*cud. teracti "
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SCENE AND HEARD
Brit"IfIton's grcatly
ant icipatell Rose
Tfiv.it re ()pelle(I ill 13,1 - amw Sto lkjlo,*%
stale Friday night VI
xvith a glitterv,
P01iticiwiss wit
digilitariess"
"d—
Martin Knelman
Ibe L-10' N-,kk jnzJ)U4vd
'm r.her air 4h.�gu
thadki n,,,-n &smptonMevwSw"nfem"jL'c*4tm and
Nad hi ,dc flAvour,
out in
tj4t
have taiji"V
ut.
llht occ'UuM wuA tliks uponing
wile is milbon P4,-,.o iq
Ile hr.
JIL-wdon w
ta
pru,sr t)f u tjcjW,*
a lt"v kk-4*,PIUA
'*w*=$400-But lruuuvfuz Ft*m left.the Vwldan College coo to(Dean Mkh*
CEO AOb Turmtrand tosrdOwit&Yanb
dot"A C wrry'444U
"Itw ditwwr 0 tlw c,(,ma
StJ'VxAjP4 !"runs ,0t?
"Ip
gu"Is WhbW 1101
d%xum-,:arid di--arty:piAk hwmy b.-hum fpmio tkmw it
t+!nV0#Iv or VxvIk mAMnix ifIl0'*'jLttwb Offort'InItL it
(OM ill r-*2W like to rt=ind ouUW m_
tl
Opf-itifut Axc.'-fit,
Add-
https://ge.partylite.com/sof/do_confirmation_electronic_check.do\� 14/02/2008
w,
wee
Christopher Hume
Urban Issues
For a city in need of a second act,
the Rose Theatre might be just
the ticket.
The newfacility which opened
several weeks ago in `down-
town'Brampton,is ostensibly a
performing arts centre,but it's
really all about a community
trying to reinvent itself.
Like so many former small
towns in southern Ontario,
Brampton — population
386,000—has been buried be-
neath decades of suburban
blight.All that remains after the
strip malls, subdivisions, big-
box stores,highways and unre-
lieved sprawl is the barely beat-
ing heart of a place that's like
countless others.
The few blocks of what was
once a town have become pre-
cious proof that there really is—
or was — a Brampton,that's it
more than just a legal entity,an-
other stop on the highway, an-
other dreary Wal-Mart or used-
car lot.
It's the sameness of what's
happened that's most depress-
ing;it hardly matters where one
city ends and the next begins—
they're identical.
And so, in the 21st century,
prompted by an atavistic desire
to have a there there,the Bramp-
tons of the world are engaged in
a vain effort to create a sense of
-lend in the Bramptons
RICK MADONIK/TORONTO STAR
The new Rose Theatre in downtown Brampton,which opened several weeks ago,is the first step to a
community trying to reinvent itself.The arts centre doubles as an elegant meeting place.
place.These days that typically
means building cultural institu-
tions—theatres,galleries,mu-
seums and the like.
For Brampton it means the
Rose Theatre.Constructed,ap-
propriately,on the site of an ex-
isting underground parking lot,
the 880-seat venue sits metres
from the city's "Four Corners"
at Queen and Main Sts.,the cen-
tre of old Brampton.Even now,
the area still boasts a few 19th-
: century buildings, which
though not necessarily grand,at
least possess character, some-
thing entirely absent from the
vast bulk of contemporary ar-
chitecture.
Though the Rose,designed by
Page+Steele of Toronto, bears
little relationship to the serious
architecture of our day,it repre-
sents an attempt to bring life to
an area that needs it. Set back
from the strut, the theatre is
reached through a new square
that leads to the main entrance.
The most obvious feature of the
building is a series of large
arched windows that extends
along the two main facades.
Most remarkable, however, is
the fact that those facades are
made of sandstone,a material as
rare as it is beautiful.
The materials inside — lime-
stone, onyx and wood — are
equally impressive.The hall it-
self,horseshoe-shaped and fin-
ished in a dark rose colour,feels
comfortable,spacious yet nicely
i
intimate. The sightlines are
good and even the worst seat in
the house is close enough to pro-
vide a sense of connection.
Nevertheless,it has a full-size
stage,an orchestra pit and a 10-
storey fly tower. Don't expect
Wagner's Ring Cycle to be per-
formed in Brampton anytime
soon,but that's not likely to be
missed.
According to Brian Arnott of
Novita, the Toronto firm that
designed the interior,the Rose
was intended for maximum
flexibility. A smaller 166-seat
theatre — more of an all-pur-
pose room—can be used for ev-
erything from weddings to busi-
ness meetings.The lobby can al-
so be rented out and even the
space outside the building is
eminently useable.
All this makes a lot of sense at a
time when cultural institutions
are pretty much on their own
when it comes to raising operat-
ing funds.Flexibility is key.
Despite a certain awkwardness
in the architecture — the sec-
ond-floor terrace feels more like
an outdoor cellar than an out-
door room — the Rose will do
what's expected of it.
It's interesting to compare it
with Toronto's newest theatre,
the Four Seasons Performing
Arts Centre, which turns its
back on the city,seemingly un-
aware of its existence. By con-
trast,Brampton's theatre wants
desperately to be a part of its
context,as inadequate as it may
be.How ironic that as this city
grows ever more suburban,the
suburbs are becoming more ur-
ban.
Of course, it would be too
much to expect that one build-
ing could transform an accumu-
lation of sprawl that calls itself a
city.The Rose is no Bilbao Gug-
genheim, but in its own small
way it will make a difference.It's
a start;perhaps the best way to
understand it is as a statement
that there's more to Brampton
than the dreariness that meets
the eye. Or rather, that resi-
dents,or at least some of them,
want there to be more.
It may be too late for Bramp-
ton,but better late than never.
The mistakes that made the re-
gion what it is today are still be-
ing made; but this isn't one of
them.
Christopher Hume can be reached
at chume @thestar.ca
wee
Christopher Hume
Urban Issues
For a city in need of a second act,
the Rose Theatre might be just
the ticket.
The new facility,which opened
several weeks ago in `down-
town'Brampton,is ostensibly a
performing arts centre,but it's
really all about a community
trying to reinvent itself.
Like so many former small
towns in southern Ontario,
Brampton — population
386,000—has been buried be-
neath decades of suburban
blight.All that remains after the
strip malls, subdivisions, big-
box stores,highways and unre-
lieved sprawl is the barely beat-
ing heart of a place that's like
countless others.
The few blocks of what was
once a town have become pre-
cious proof that there really is—
or was — a Brampton,that's it
more than just a legal entity,an-
other stop on the highway, an-
other dreary Wal-Mart or used-
car lot.
It's the sameness of what's
happened that's most depress-
ing;it hardly matters where one
city ends and the next begins—
they're identical.
And so, in the 21st century,
prompted by an atavistic desire
to have a there there,the Bramp-
tons of the world are engaged in
a vain effort to create a sense of
send in the Bramptons
RICK MADONIK/TORONTO STAR
The new Rose Theatre in downtown Brampton,which opened several weeks ago,is the first step to a
community trying to reinvent itself.The arts centre doubles as an elegant meeting place.
place.These days that typically
means building cultural institu-
tions— theatres,galleries,mu-
seums and the like.
For Brampton it means the
Rose Theatre.Constructed,ap-
propriately,on the site of an ex-
isting underground parking lot,
the,880-seat venue sits metres
from the city's "Four Corners"
at Queen and Main Sts.,the cen-
tre of old Brampton.Even now,
the area still boasts a few 19th-
century buildings, which
though not necessarily grand,at
least possess character, some-
thing entirely absent from the
vast bulk of contemporary ar-
chitecture.
Though the Rose,designed by
Page+Steele of Toronto, bears
little relationship to the serious
architecture of our day,it repre-
sents an attempt to bring life to
an area that needs it Set back
from the street, the theatre is
reached through a new square
that leads to the main entrance.
The most obvious feature of the
building is a series of large
arched windows that extends
along the two main facades.
Most remarkable, however, is
the fact that those facades are
made of sandstone,a material as
rare as it is beautiful.
The materials inside — lime-
stone, onyx and wood — are
equally impressive.The hall it-
self,horseshoe-shaped and fin-
ished in a dark rose colour,feels
comfortable,spacious yet nicely
intimate. The sightlines are
good and even the worst seat in
the house is close enough to pro-
vide a sense of connection.
Nevertheless,it has a full-size
stage,an orchestra pit and a 10-
storey fly tower. Don't expect
Wagner's Ring Cycle to be per-
formed in Brampton anytime
soon,but that's not likely to be
missed.
According to Brian Arnott of
Novita, the Toronto firm that
designed the interior,the Rose
was intended for maximum
flexibility. A smaller 166-seat
theatre — more of an all-pur-
pose room—can be used for ev-
erything from weddings to busi-
ness meetings.The lobby can al-
so be rented out and even the
space outside the building is
eminently useable.
All this makes a lot of sense at a
time when cultural institutions
are pretty much on their own
when it comes to raising operat-
ing funds.Flexibility is key.
Despite a certain awkwardness
in the architecture — the sec-
ond-floor terrace feels more like
an outdoor cellar than an out-
door room — the Rose will do
what's expected of it.
It's interesting to compare it
with Toronto's newest theatre,
the Four Seasons Performing
Arts Centre, which turns its
back on the city,seemingly un-
aware of its existence. By con-
trast,Brampton's theatre wants
desperately to be a part of its
context,as inadequate as it may
be.How ironic that as this city
grows ever more suburban,the
suburbs are becoming more ur-
ban.
Of course, it would be too
much to expect that one build-
ing could transform an accumu-
lation of sprawl that calls itself a
city.The Rose is no Bilbao Gug-
genheim, but in its own small
way it will make a difference.It's
a start;perhaps the best way to
understand it is as a statement
that there's more to Brampton
than the dreariness that meets
the eye. Or rather, that resi-
dents,or at least some of them,
want there to be more.
It may be too late for Bramp-
ton,but better late than never.
The mistakes that made the re-
gion what it is today are still be-
ing made; but this isn't one of
them.
Christopher Hume can be reached
at chume@@thestar.ca
Proposal
A. This proposal is to change the existing use of the exhibit space
at the Garnet Rickard Recreation Complex in Bowmanville,
formerly known as "Total Hockey", to a publicly-owned
Theatre/Auditorium.
B. The building was completed in 2006, and is completely in
accordance with all building codes. It has existing heating, air
conditioning, emergency exits, fire alarms, sprinkler systems and
is ground floor wheelchair accessible. There is an existing gift
shop that can be converted to a lounge area, washrooms within
the main building, free abundant parking and nearby public trans-
portation.
C. Mr. Alan Tibbles, Theatre Manager for Oshawa Little Theatre has
kindly offered to act as consultant. He has toured the site, and
in his opinion the space could easily be converted to a very nice
theatre of approximately 200-250 seats. This theatre would
include a stage and backstage area, small dressing and prop
rooms, carpeted raked floors and comfortable plush seating.
D. There would be multiple benefits to this auditorium. Children
and teens would have a fully-equipped venue for their music and
and dance recitals, and Theatre Arts Programs for children
could be run in the summer months. The citizens of Clarington
would have access to drama, music, comedy, dance, lectures
and fashion shows. A Theatre represents community
participation as well as entertainment. Council could even use
the facility for meetings, delegations or presentations too large to be accommodated in its
present 129-person Council
Chambers. The facility could be rented out to commercial ventures for business meetings.
Page 2 of 3
E. A very important consideration is that of"Cultural Tourism". We
need to keep our town alive and vital as it grows and changes.
Many other towns have succumbed to the pressures of urban
sprawl, resulting in the demise of a downtown core. A Theatre
would bring in patrons from Newcastle, Newtonville, Oshawa,
Courtice and all the satellite towns to the north who can dine and
drink at our many fine ethnic and Canadian restaurants, pubs
and coffee houses, perhaps combined with a day of shopping
in local antique and specialty shops within the Town.
Restaurants could be encouraged to provide Dinner/Theatre
packages...or perhaps a special Theatre package combined with
Town Festivals could be offered. There are many exciting
possibilities.
F. Cobourg, Port Hope, Port Perry, and Lindsay all boast Theatre/
Auditoriums that serve to provide year-round entertainment.
Clarington has many fine recreational facilities; a good seniors
centre, a great Visual Arts Centre in a picturesque historical
setting, libraries, swimming pools, skating rinks, indoor soccer
grounds, football and baseball parks. A Theatre/Auditorium
addition to the Rickard Recreation Complex would fulfill
the only item lacking from our well-rounded community.
G. Funds for the installation of the Theatre can be sought from
fees paid by the many developers now building in and around
the Town. These fees are levied to provide for the infra-
structure as it is required by a burgeoning population. The
Trillium fund and other provincial and federal agencies
associated with cultural development initiatives can be
approached. Corporate and private donors can be sought. A
"Seat Donation" program is a way to market the Theatre so that
everyone from individuals to families or groups can participate
in this community project.
Brampton', Burlington and other Municipalities are spending
millions of dollars to erect Performing Arts Centres. Keeping in
page 3 of 3
mind that the most expensive part of the project, the building
itself, is already a reality, Clarington can have the same at a
mere fraction of this cost.
H. At this point in time, it is too early to proffer a business plan
without fully understanding all the costs or exploring all the
revenue opportunities. All that can be requested is an
architectural plan/feasibility study to assess the possibilities of
this undertaking.
J. This is Bowmanville's bi-centennial year. It is difficult to think
of a community project more fitting to celebrate 150 years of
civic pride than acknowledging the importance of the Arts to
the well-being of its citizens, and creating a useful, lasting
monument to this event in our history.
Respectfully submitted this 31 st day of March 2008,
by the Bowmanville-Clarington Performing Arts Association.
'Brampton.....$55,000,000 Toronto Star, October 3,2006
'Burlington....$36,000,000 Toronto Sun,March 2,2008
DURHAM REGION
WATER AND WASTEWATER MASTER PLAN
Municipality of Clarington
Council Presentation
March 31 , 2007
DURHAM REGION WATER AND WASTEWATER MASTER PLAN
PUBLIC INFORMATION CENTRES - FEB/MAR 2008
CMASTER PLAN
.m
AGENDA
Update on the Water and Wastewater
Master Plan
Recommended Water and Wastewater
Servicing Strategies
Next Steps
DURHAM REGION WATER AND WASTEWATER MASTER PLAN
PUBLIC INFORMATION CENTRES - FEB/MAR 2008
CMASTER PLAN
STATUS OF PROJECT
Reviewed planning forecasts
Completed hydraulic water and
wastewater models for:
Existing water and wastewater systems
Future water and wastewater servicing
scenarios
Undertaken servicing strategy
development and evaluation
--Held ee .
DURHAM REGIO WATER AND WASTEWATER MASTER PLA
PUBLIC INFORMATION CENTRES - FEB/MAR 2008 C.)MASTER PLAN
CONSULTATION TO DATE
Stakeholder Advisory Committee (SAC) Meetings
SAC No. 1 - June 6, 2006
SAC
No.
2 —
March
22, 2007
SAC
No.
3 —
January 22, 2008
Public Information Centres (PIC)
Phase 1 PICs - June 13 & 15, 2006 (Sunderland, Whitby)
Phase 2 PICs - May 1 & 2, 2007 (Sunderland, Whitby)
Final Round PICs — February/March 2008 (all 8 Local
Municipalities)
Area Municipality Meetings - July through October 2006
Project Web Site: www. kmk.ca/DurhamMP
Project Newsletters
DURHAM REGION WATER AND WASTEWATER MASTER PLAN
PUBLIC INFORMATION CENTRES - FEB/MAR 2008
CMASTER PLAN
POPULATION AND EMPLOYMENT
FORECASTS
The Durham Region Planning Department has initiated a
Growth Plan Implementation Study in 2007 . This study
will bring the Regional Official Plan into conformance
with Places To Grow
The Growth Plan Implementation Study is tentatively
scheduled for completion in the fall of 2008
The Water and Wastewater Master Plan study has
moved forward using the population and employment
forecasts available from the:
2003 Regional Development Charge Background Study
Official Plan Review
The Water and Wastewater Master Plan is scheduled to
be updated within five years utilizing the projected
population forecasts from the Growth Plan
DURHAM REGION WA ER AND WASTEWATER MASTER PLAN I
PUBLIC INFORMATION CENTRES - FEB/MAR 2008 MASTER PLAN
EVALUATION OF SERVICING
ALTERNATIVES
Reviewed list of alternatives
Screened out non-viable alternatives
Developed servicing alternatives for 2021
growth projections within the current approved
Official Plan boundary
Developed alternative servicing strategies for
the potential future growth areas outside the
current approved Official Plan boundary
Evaluated impact of the potential servicing
requirements beyond 2021 on the infrastructure
being recommended within the 2021 timeframe
DURHAM REGION WATER AND WASTEWATER MASTER PLAN
PUBLIC INFORMATION CENTRES - FEB/MAR 2008
I^N
CMASTER PLAN
EVALUATING CLARINGTON
ALTERNATIVES
Look to maximize the use of the existing
municipal infrastructure — focus additional plant
capacity at the existing Water Supply Plants
(WSP) and Water Pollution Control Plants
(WPCP)
Connection to Lake-based (Lake Ontario) water
supply and wastewater treatment was screened
out for Orono at this time given that this is not
permitted under current policies of the Greenbelt
Plan
Courtice servicing needs will be coordinated with
e 6i �A9iL'W'AT��M 5'I'eR PLAN ��
PUBLIC INFORMATION CENTRES - FEB/MAR 2008 � """5'E"P"'"
CLARINGTON SERVICING NEEDS -
i TIT
Additional water supply capacity for the Bowmanville and Newcastle
systems
Alternatives considered expansion of the existing Water Supply Plants and
system interconnections
Additional water storage
Bowmanville Zone 1 alternatives will require a new in-ground reservoir generally
located at the north limits.
Bowmanville Zone 2 requirements will require expansion of the existing reservoir
in the long term
Newcastle Zone 1 alternatives generally located at the northeast limits. The
storage alternatives can be provided by in-ground reservoir and will address
capacity and optimized hydraulic grade line of the system
Orono Zone 1 alternatives generally located at the north limits. The storage
alternatives will be provided by a new elevated tank.
Distribution and pumping
Additional feedermain capacity from the Water Supply Plants required in
Bowmanville and Newcastle. Alignment alternatives considered minimizing
significant crossings and supporting servicing growth areas
Bowmanville Zone 1 feed to the water storage facility is required. Growth in
Bowmanville will require extension of the Zone 2 distribution system
Servicina the north limits of Newcastle will reauire Zone 2 infrastructure
DURHAM REGION WATER AND WASTEWATER MASTER PLAN
PUBLIC INFORMATION CENTRES - FEB/MAR 2008 Cons)MASTER PLAN
CLARINGTON SERVICING NEEDS -
WASTEWATER
Additional wastewater treatment capacity for the
Bowmanville and Newcastle systems
Alternatives considered expansion of the existing
WPCPs and system interconnections
Collection including pumping
Additional trunk sewer capacity to the WPCPs
required in Bowmanville and Newcastle. Alignment
alternatives considered minimizing significant
crossings and supporting servicing growth areas
Northeast growth areas in Bowmanville will require
pumping to the existing trunk sewer system.
Alternative site locations for the sewage pumping
station will be evaluated
DURHAM REGION WATER AND WASTEWATER MASTER PLAN 1^�
PUBLIC INFORMATION CENTRES - FEB/MAR 2008 MASTER PLAN
BOWMANVILLE , NEWCASTLE AND
ORONO SYSTEMS
WHITBY/OSHAWA/COURTICE SYSTEMS
DURHAM REGION WATER AND WASTEWATER MASTER PLAN
PUBLIC INFORMATION CENTRES - FEB/MAR 2008
h�
CMASTER PLAN
WSP Intake/
All proposed infrastructure alignments and/or locations are subject to refinement under Schedules A,B or C Class Environmental Assessments.
DURHAM REGION WATER AND WASTEWATER MASTER PLAN
PUBLIC INFORMATION CENTRES - FEB/MAR 2008
The Regional
Municipality of Durham
Water and Wastewater
Master Plan
Recommended
Water Servicing
Bowmanville
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DURHAM REGION WATER AND WASTEWATER MASTER PLAN
PUBLIC INFORMATION CENTRES - FEB/MAR 2008
The Regional
Municipality of Durham
Water and Wastewater
Master Plan
Recommended
Water Servicing
Newcastle&Orono
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DURHAM REGION WATER AND WASTEWATER MASTER PLAN
PUBLIC INFORMATION CENTRES - FEB/MAR 2008
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and Wastewater
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Water and Wastewater
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Servicing Strategy
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The Regional
Municipality of Durham
Water and Wastewater
Master Plan
Recommended
%
Wastewater
Servicing Strategy
Newcastle
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All proposed infrastructure alignments and/or locations are subject to refinement under Schedules A,5 or C Class Environmental Assessments. MA5TER PLAN
DURHAM REGION WATER AND WASTEWATER MASTER PLAN j^�
0 PUBLIC INFORMATION CENTRES — FEB/MAR 2008 MASTER PLAN
The Regional
Municipality of Durham
�i Water and Wastewater
Master Plan
Recommended
Wastewater
Servicing Strategy
Whitby/Oshawa/Cou rtice
DURHAM REGION WATER AND WASTEWATER MASTER PLAN
PUBLIC INFORMATION CENTRES - FEB/MAR 2008
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MILSIER PIAN
CMASTER PLAN
OVERVIEW OF CLARINGTON SERVICING
Extend Whitby/Oshawa/Courtice system to service
Courtice
Expand Bowmanville Water Supply Plant (year 2018)
and extend water distribution system . Additional water
storage required.
Expand Port Darlington Water Pollution Control Plant
(year 2011 ) and extend wastewater collection system
Expand Newcastle Water Supply Plant (year 2013) and
extend water distribution system . Additional water
storage required .
Expand Newcastle Water Pollution Control Plant (year
2014) and extend wastewater collection system
Provide additional water storage in Orono
Service area to remain on private wastewater systems in
DURHAM REGION WATER AND WASTEWATER MASTER PLAN
---- 11 %
PUBLIC INFORMATION CENTRES - FEB/MAR 2008 Co-8)MASTER PLAN
LONG TERM VISIONING - CLARINGTON
Potential future growth areas outside existing urban area
boundaries have significant geographic area. Servicing these
areas will require interconnected systems making use of
Newcastle, Bowmanville and Whitby/Oshawa/Courtice
treatment plants
Post 2021 growth in Newcastle could be accommodated
within the existing urban boundary. Current infrastructure
planning including water pressure zone 2 works will take this
into consideration
No further oversizing at this time for extension of lake-based
water supply into Greenbelt/Protected Countryside
Coordinate any related security/legislated projects such as
water storage or upgrades at treatment facilities with potential
additional capacity
Refinement of the servicing strategy following the Growth
Plan Implementation Study and through regular 5-year Master
Plan reviews
DURHAM REGION WATER AND WASTEWATER MASTER PLAN ^�
PUBLIC INFORMATION CENTRES - FEB/MAR 2008 MASTER PLAN
NEXT STEPS
Consider comments from the SAC and PIC
consultation process
Complete any refinements to the recommended
servicing strategies
Complete final documentation of the Water and
Wastewater Master Plan
File the Master Plan Documentation under
Approach No . 1 for Class EA Master Plans -
support future investigations and studies
Notice of Study Completion and start of 30-day
review period scheduled for May 1 , 2008
DURHAM REGION WATER AND WASTEWATER MASTER PLAN I^�
PUBLIC INFORMATION CENTRES - FEB/MAR 2008 MASTER PLAN
NEXT STEPS
File the Master Plan Documentation under
Approach No . 1 for Class EA Master Plans
Therefore , the Master Plan will support
future investigations and studies for the
preferred projects identified within the
Master Plan
Notice of Study Completion and start of
30-day review period scheduled for May 1 ,
DURHAM REGION WATER AND WASTEWATER MASTER PLAN (2)..,.RPLAN PUBLIC INFORMATION CENTRES - FEB/MAR 2008
THANK YOU
DURHAM REGION WATER AND WASTEWATER MASTER PLAN
PUBLIC INFORMATION CENTRES - FEB/MAR 2008
CMASTER PLAN