HomeMy WebLinkAbout05/12/2008
CJg[Jngton
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
TIME:
PLACE:
May 12, 2008
9:30 A.M.
COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. ANNOUNCEMENTS
4. MINUTES
(a) Minutes of a Regular Meeting of April 28, 2008
401
5. PRESENTATIONS
There are no presentations scheduled.
6.
DELEGATIONS (List as of Time of Publication)
601
(a) Kristin Robinson, Regarding Emissions Criteria for EFW
(b) Jaison Gibson, Regarding Nature and Animal Rights
(c) Anne White, Regarding Zoning Matter - Illegal Apartments
(d) Nick Mensink, Sernas, Regarding Report PSD-048-08
7. PUBLIC MEETINGS
(a) An Application for a Draft Plan of Condominium Approval
Applicant: Bowmanville Arms Residents Limited
Report: PSD-045-08
701
8. PLANNING SERVICES DEPARTMENT
(a) PSD-045-08 Application for a Plan of Condominium
Applicant: Bowmanville Arms Residents Ltd.
801
(b) PSD-046-08 Monitoring of the Decisions of the Committee of
Adjustment for the Meeting of April 24, 2008
809
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379
G.P. & A. Agenda
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May 12, 2008
(c) PSD-047-08 Report for Information Regarding Appeal of Land Division 819
Committee Decision
Applicant: Erhardt Witzke
(d) PSD-048-08 Zoning By-law Amendment and Draft Plan of Subdivision 835
to Permit the Development of 364 Residential Units
Applicant: Kirk Kemp, Douglas Kemp, Helen Kemp,
Robert Carruthers and Patsy Carruthers (Northglen East)
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD-024-08 Monthly Report on Building Permit Activity for April, 2008 901
(b) EGD-025-08 Signalization of Mill Street and Edward Street 907
1 O. OPERATIONS DEPARTMENT
(a) OPD-005-08 Bowmanville Cenotaph
1001
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
No Reports
12. COMMUNITY SERVICES DEPARTMENT
(a) CSD-010-08 Community Development
1201
(b) CSD-011-08 Total Hockey Dissolution Costs
1208
13. MUNICIPAL CLERK'S DEPARTMENT
No Reports
14. CORPORATE SERVICES DEPARTMENT
(a) COD-027-08 Municipal Business Continuity Plan in the Event of a 1401
Pandemic or Similar Emergency
(b) COD-028-08 Quotation Q2008-5, Mechanical Equipment Maintenance 1422
Contract - Oil Fired Furnaces
15. FINANCE DEPARTMENT
No Reports
16. CHIEF ADMINISTRATIVE OFFICE
No Reports
G.P. & A. Agenda
17. UNFINISHED BUSINESS
18. OTHER BUSINESS
19. COMMUNICATIONS
20. ADJOURNMENT
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May 12, 2008
c;~~mgton
General Purpose and Administration Committee
Minutes
April 28, 2008
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, April 28, 2008 at 9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were:
Also Present:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Chief Administrative Officer, F. Wu
Deputy Fire Chief, Emergency Services, M. Berney
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Corporate Services, M. Marano
Manager of Development Review, Planning Services, C. Pellarin
Roads Supervisor, Operations, L. Postill
Director of Finance, N. Taylor
Deputy Clerk, A. Greentree
Clerk II, E. Atkinson
Mayor Abernethy chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
Councillor Hooper indicated that he would be stating a pecuniary interest with respect to
Report PSD-042-08.
ANNOUNCEMENTS
Councillor Novak informed the Committee that she participated in the "Pitch-In Week"
and believed that the garbage being disposed of on the roadside has been reduced arid
thus the message must be getting out to the public. As well, she had the pleasure of
attending the opening game of the Green Gaels whose theme this year is "Going
Green". She also had the pleasure of attending OPG's Environmental Assessment
seminar which was held at the Rickard Recreation Complex and two of the Sign By-law
open house meetings.
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General Purpose and Administration Committee
Minutes
April 28, 2008
Councillor Hooper attended the Volunteer Appreciation event held by the Clarington
Community Care Association and reminded the Committee of the Municipality's
Volunteer Service Awards being held on April 30th at the Beech Centre. He informed
the Committee he participated in tree planting on Earth day for which there was much
support from both the public and the media. He personally took part in clean up along
Longworth Avenue. Councillor Hooper reminded the Committee that th is weekend is
the Annual Maple Festival and All That Jazz at downtown Bowmanville.
Councillor Foster informed the Committee of Karen Liberman's presentation on mental
health and stigma. The "Talk Green" cards included contact numbers for people to call,
either suffering from mental health issues, or for those caring for people suffering from
mental health issues. Councillor Foster attended the 6th birthday celebration for the
Rotary Club that was held at Preston Pub. He attended the Sign By-Law meeting, and
stated that although the attendance was low, people are looking for better regulations.
Councillor Foster informed the Committee of his participation in the garbage clean up
which was held on the weekend and reminded the Committee today is the National Day
of Mourning.
Councillor Robinson participated ,in the garbage clean up along 3rd Concession on the
weekend. He informed the Committee of a local company called Silo.net.ca which has
provided high speed internet to the residents of Leskard and will hopefully soon be able
to provide high speed internet connection to the other rural areas such as Tyrone, etc.
Councillor Trim informed the Committee Orono Town Hall roof is scheduled to be
replaced mid May. He too participated in the garbage clean up this weekend and was
disappointed to see that additional tires and garbage were dropped along Highway #2
on the weekend following the clean up. Councillor Trim announced that the official
opening of the Courtice Water Pollution Control Plant will be held at 10:00 a.m. on May
2nd. This event is open to the public.
Councillor Woo stated he too participated in the Pitch-In Clean Up event and was
pleased with the response from the community. He informed the Committee the interest
with regards to the free compost being distributed at the Animal Shelter had a line up all
the way to the gate at 8:30 a.m. and shortly there after all the way out to Baseline Road.
Councillor Woo attended the Turkey Dinner at the Orange Lodge in Tryone.
Mayor Abernethy thanked all the volunteers who participated in the Pitch-In event which
was held on the weekend. He reminded the Committee this is National Volunteer Week
and highlighted the important roles volunteers play within our community. Mayor
Abernethy advised that the Senior Manager for the Approved Environmental
Assessment, Ministry of the Environment, will be providing a presentation regarding
landfill at the May SUi Council Meeting, and on June 9th, Maureen Carter-Whitney,
Research Director for the Canadian Institute Environmental Law and Policy will be
providing a presentation on the Integrated Waste Management System.
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General Purpose and Administration Committee
Minutes
April 28, 2008_
MINUTES
Resolution #GPA-290-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on April 14, 2008, be approved.
CARRIED
PRESENTATIONS
Eileen Smith, Manager, Policy and Special Projects and Rod Adams, both from the
Ministry of the Environment, provided the Committee with an update on the proposed
changes to the Regulatory Framework for Non-Agricultural Source Materials (NASM).
She stated that Non-Agricultural Source Materials includes residual materials from
municipal sewage treatment plants, pulp and paper mills and off-farm food processing
and Ontario has 30 years of experience in regulating these materials. Experience and
research show that these materials are beneficial to crop production, and if standards
and practices are followed, are also safe to human health and the environment. Ms.
Smith provided the Committee with the Regulatory History of the Nutrient Management
Act since its establishment in 2002 and the proposed amendments which will improve
the regulatory framework for the management of NASM and reduce the regulatory
overlap which exists today. These proposals will move forward in two phases. Ms.
Smith described for the Committee the different types of categories and their
characteristics. The sub-categories will further categorize the NASM based on metals,
. pathogens and odour and will regulate the land application standards with regards to
setbacks from surface water, well, depth to bedrock and unsaturated soil, as well as
pre-harvest grazing and winter application. There will also be an Odour sub-category
which will be designed around the type of material and the length of storage. This sub-
category will determine setbacks from individual residences, residential areas and
institutions. Ms. Smith provided the Committee with a description of the Nutrient
Management Strategies and Plans and stated that only the fields that have NASM used
on them will be required to have a Nutrient Management Plan, this will hopefully ensure
that the sites accepting NASM will optimize the nutrient benefits while reducing adverse
environmental impacts. Mr. Adams confirmed that Ministry Staff continue to work on
this project although no firm implementation date has yet been determined. Ms. Smith
further added that the regulations should not be expected before January 2009.
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General Purpose and Administration Committee
Minutes
April 28, 2008
DELEGATIONS
Jaison Gibson addressed the Committee regarding public standards. Mr. Gibson
complemented Councillor Trim for the excellent job of cleaning out the garbage from the
water on the weekend and would like to see this type of commitment spread throughout
the community. Mr. Gibson recited poetry with regards to the environment and dropped
money as a symbol of how the community is wasting money. Mr. Gibson informed the
Committee that he was privileged to grow up in Clarington and how secure it felt when it
was young and that unfortunately children these days do not have the same type of
security. He believes the public is to blame. He would like to see the standards
regulated and not have profit as the dominant factor.
Nick Mensink, Sernas Associates, was present on behalf of Bryce Jordon and
addressed the Committee regarding Reports PSD-043-08 and PSD-044-08. He
informed the Committee that he concurs with the recommendations contained in both of
the reports mentioned above.
Resolution # GPA 291-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the agenda be altered to allow the delegation of Mr. Louis Bertrand be moved to
the end of the delegation list.
CARRIED
Linda Gasser addressed the Committee regarding Addendum Report to Report
CLD-015-08. Ms. Gasser requested that her five minutes be extended. Ms. Gasser
stated the Municipal Clerk could only go on the information that was provided to her and
she therefore feels the Clerk was at a disadvantage when this report was prepared. Ms.
Gasser informed the Committee of the inaccurate statements contained in the Report
such as the statement indicating the Green Community Advisory Committee had not
concerns with the Mayor as Chair. The Committee had not been provided with the
Advisory Committee protocol at their first meeting and when she provided this material
to the members in November, the members did raise concerns with the appointment of
the chair, at that time. Ms. Gasser expressed concerns with regards to having two
Council members on the same Committee as it may create an opportunity to control the
vote. Ms. Gasser also expressed concerns over the length of time for the interim chair
as well as future selection of chair for the Green Community Advisory Committee. Ms.
Gasser would like to be informed as to why the Committee was not provided with all
relevant rules and protocols from the start and has concerns over the possibility of other
rules being broken. She requested that the current Terms of Reference and the
Protocol not be upheld.
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General Purpose and Administration Committee
Minutes
April 28, 2008
Linda Gasser addressed the Committee regarding Procedural By-Law interpretation.
Ms. Gasser expressed concerns that the Accountability and Transparency policy which
was passed a few months ago is not being followed as it was intended and feels what
transpired last week during the Council meeting fails to meet this objective. She was
perturbed over delegations being shut down over what "they might say", and based on
this, feels citizens could never address Council. Ms. Gasser stated that she expects
Council to hold themselves to the same standards to which they old others and would
like to see Council reconsider the decision regarding the requests asked of both the
delegations and feels the penalty imposed was unwarranted and inappropriate. She
does not want to see the political criticism or debate stifled because of misuse of
procedural powers.
Kristin Robinson addressed the Committee regarding the incineration emissions study.
Ms. Robinson has many questions with regards to the proposed Durham energy from
waste facility. Ms. Robinson informed the Committee that she is not an expert just a
very concerned citizen. She is concerned the air emission criteria presented at the April
15th Joint Waste Management Group does not meet the criteria called for in the
resolution passed at the January 23rd Regional meeting with regards to emissions and
monitoring technology. She expressed concerns over the lowering of the HCI
operational limits from 20 down to 9 and pointed out errors in the Facility Air Emission
Criteria document handed out at the Joint Waste Manag~ment Group meeting. Ms.
Robinson believes the public deserves to have the proposed operational limits peer
reviewed because these are going to determine how safe the facility will be and feels it
is inappropriate to adopt the proposed operating limits set out in the Consultant's report.
She hopes Clarington does not accept these limits.
Edgar Lucas, Bowmanville BIA, addressed the Committee regarding Report
CLD-016-08. Mr. Lucas requested that Council consider bagging the meters one week
per month to help get the public back to shopping downtown. He hopes this may help
with generating the remaining weeks parking revenue by having people return to the
shops on the days/weeks where the meters are not bagged. He suggested the
Committee recommend the bagging be tried for a couple of months and that maybe the
Clarington Board of Trade meet with the Municipal Law Enforcement Staff to discuss
other ideas if this request is not feasible.
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General Purpose and Administration Committee
Minutes
April 28, 2008
Louis Bertrand addressed the Committee regarding Addendum to Report CLD-015-08.
Mr. Bertrand asked Mayor Abernethy to consider stepping down as Chair for his
delegation. Mr. Bertrand used a slide show to support his comments. Mr. Bertrand
informed the Committee that he attended the meeting held on April 22nd and was
impressed with the delegation of John Stephenson. Mr. Bertrand declared himself an
environmentalist and he is still encouraged because talks are still going on. He feels
the Green Community Advisory Committee has lost focus because of procedural
details. Mr. Bertrand expressed concerns over the Green Community Advisory
Committee's current Chair's credibility, qualifications and acceptance by the other
members. He requested that Council follow rules instead of implementing quick fixes.
He would like to see the Committee scrubbed and started from scratch with election of
new Chair.
Resolution # GPA-292-08
Moved by Councillor Foster, seconded by Councillor Woo
THAT the Committee recess for twenty minutes.
MOTION LOST
Resolution # GPA-293-08
Moved by Councillor Trim, seconded by Councillor Novak
THAT the Committee recess for forty-five minutes.
CARRIED
The meeting resumed at 12:47 p.m.
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETING
There were no Public Meetings scheduled.
PLANNING SERVICES DEPARTMENT
Councillor Hooper stated that he has a pecuniary interest with respect to Report
PSD-042-08 as he is the former Chair of the Bowmanville Business Improvement Area
and he was involved with the negotiations. Councillor Hooper refrained from
discussions and voting on this matter.
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General Purpose and Administration Committee
Minutes
April 28, 2008
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: PLAYERS BUSINESS PARK LIMITED & WEST DIAMOND
PROPERTIES INC.
Resolution #GPA-294-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-042-08 be received;
THAT the application submitted by Players Business Park Limited and West Diamond
Properties Inc. to Remove the "Holding (H)" Symbol be approved for Parts 1,2,3,6,7,
8,9,11,12,13,14, 16, 17,20,22,23,24,29,30,31,32,33,34,35,36,37,38,40,41,
42,43,47, and 48 on Reference Plan 40R-24933;
THAT the By-law attached to Report PSD-042-08, to Remove the "Holding (H)" Symbol
be passed and a copy forwarded to the Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD-042-08 and any delegations be advised
of Council's decision.
CARRIED
APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING
BY-LAW AMENDMENT
APPLICANT: 708545 ONTARIO LIMITED
Resolution #GPA-295-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-043-08 be received;
THAT the application for proposed Draft Plan of Subdivision S-C-2007 -0009 submitted
by 708545 Ontario Limited be approved, subject to the conditions as contained in
Attachment 3 to Report PSD-043-08;
THAT the Zoning By-law Amendment application submitted by 708545 Ontario Limited
be approved, as contained in Attachment 4 to Report PSD-043-08;
THAT the By-law authorizing the entering into a Subdivision Agreement between the
Owner of Draft Plan of Subdivision S-C-2007-0009 and the Municipality of Clarington be
approved as contained in Attachment 5 to Report PSD-043-08 and forwarded to Council
for approval;
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General Purpose and Administration Committee
Minutes
April 28, 2008
THAT the Region of Durham Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-043-08 and Council's decision; and
THAT all interested parties listed in Report PSD-043-08 and any delegation be 'advised
of Council's decision.
CARRIED
APPLICATION FOR PROPOSED AMENDMENT TO DRAFT APPROVAL OF A
DRAFT APPROVED PLAN OF SUBDIVISION AND A ZONING BY-LAW
AMENDMENT
APPLICANT: 708545 ONTARIO LIMITED
Resolution #GPA-296-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report PSD-044-08 be received;
THAT the application for proposed amendment draft approval for Draft Plan of
Subdivision 18T -95028 submitted by 708545 Ontario Limited be approved, subject to
the conditions as contained in Attachment 3 to Report PSD-044-08;
THAT the Zoning By-law Amendment application submitted by 708545 Ontario Limited
be approved, as contained in Attachment 4 to Report PSD-044-08;
THAT the By-law authorizing the entering into a Subdivision Agreement between the
Owner of Draft Plan of Subdivision 18T -95028 and the Municipality of Clarington be
approved as contained in Attachment 5 to Report PSD-044-08 and forwarded to Council
for approval;
THAT the Region of Durham Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-044-08 and Council's decision; and
THAT all interested parties listed in Report PSD-044-08 and any delegation be advised
of Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
April 28, 2008
Councillor Foster chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
MARTIN GREEN SUBDIVISION, PLAN 40M-2125, BOWMANVILLE, 'CERTIFICATE
OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING
ROADS AND OTHER RELATED WORKS
Resolution #GPA-297-08
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Report EGD-023-08 be received;
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plan 40M-2125; and
THAT Council approve the by-laws attached to Report EGD-023-08, assuming certain
streets within Plan 40M-2125, Plan 40R-18009, and Plan 40R-25311 as public
highways.
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 - MARCH 2008
Resolution #GPA-298-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report ESD-006-08 be received for information.
CARRIED
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General Purpose and Administration Committee
Minutes
April 28, 2008
DURHAM REGION MEDICAL TIERED RESPONSE AGREEMENT
Resolution #GPA-299-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report ESD-007-08 is received; and
THAT the attached Durham Region Medical Tiered Response Agreement between
Durham Region EMS and The Corporation of the Municipality of Clarington be approved
and that the Mayor and Clerk be authorized to execute this agreement.
CARRIED
COMMUNITY SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
Councillor Hooper chaired this portion of the meeting.
CLERK'S DEPARTMENT
REQUEST TO PROVIDE FREE PARKING IN DOWNTOWN BOWMANVILLE
Resolution #GPA-300-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report CLD-016-08 be received;
THAT the request of the Bowmanville Business Centre to allow for free parking one
week per month be denied; and
THAT the Bowmanville Business Centre be advised of Council's decision.
CARRIED
QUARTERLY PARKING REPORT
Resolution #GPA-301-08
Moved by Councillor Foster, seconded by Councillor Trim
THAT Report CLD-017-08 be received; and
THAT a copy of Report CLD-017-08 be forwarded to the Bowmanville Business Centre
for their information.
CARRIED
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General Purpose and Administr,ation Committee
Minutes
April 28, 2008
Mayor Abernethy chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
CL2008-18, COMMUNICATION TOWER AND WIRELESS LINKS
Resolution #GPA-302-08
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Report COD-026-08 be received;
THAT Integra Data Systems Corp., Markham, Ontario, with a total bid price of $99,900.00
(excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and
specifications of the Tender CL2008-18, be awarded the contract for the Communication
Tower and Wireless Links, as required by the Municipality of Clarington; and
THAT the total project cost of $99,900.00 be drawn from the IT Hardware capital
account number 110-16-162-81610-7401 and be funded as follows:
$60,000 from 2008 & 2007 Capital Budget
$39,900 additional funds from Computer Equipment Reserve Fund.
CARRIED
FINANCE DEPARTMENT
INTERNAL AUDIT CHARTER AND BLUEPRINT FOR OPERATIONS
Resoultion #GP A-303-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report FND-011-08 be received; and
THAT the Internal Audit Charter and Blueprint for Operations be approved.
CARRIED
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General Purpose and Administration Committee
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April 28, 2008
CHIEF ADMINISTRATIVE OFFICE
EFW PUBLIC INFORMATION SESSIONS
Resoultion #GPA-304-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report CAG-005-0B be tabled until such time Regional Council response is
received regarding participation from their consultants' in public information sessions.
CARRIED
UNFINISHED BUSINESS
GREEN COMMUNITY ADVISORY COMMITTEE - SELECTION OF THE CHAIR
Resolution #GPA-305-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the Addendum to Report CLD-015-08 be received;
THAT Report CLD-015-08 be received;
THAT the Protocol for Council-Appointed Advisory Committees be amended to allow for
a member of Council to act as an interim Chair for a maximum of 6 months when a new
committee is initially formed and to remove the list of specific committees to which it
applies;
THAT the amended protocol, attached to the Addendum to Report CLD-015-08 as
Attachment No. 1 be adopted with an amendment to the reference to the acting period
of the interim chair to state a maximum of 6 months rather than 18 months;
THAT the Terms of Reference of the Green Community Advisory Committee be
amended to reflect the protocol change; and
THAT Linda Gasser, Kerry Meydam, Jim Richards, Elva Reid, Ron Collis and the Green
Community Advisory Committee be advised of Council's decision.
CARRIED AS AMENDED
(See following motion)
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General Purpose and Administration Committee
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April 28, 2008
Resolution #GPA-306-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the foregoing Resolution #GPA-305-08 be amended to add the following: "THAT
the Interim Chair of the Green Community Advisory Committee act, in this instance only,
for a period of 6 months beginning April 28, 2008."
CARRIED
The foregoing Resolution #GPA-305-08 was then put to a vote and carried as amended.
DELEGATION - JAISON GIBSON - REGARDING PUBLIC STANDARDS
DELEGATION - LINDA GASSER - REGARDING PROCEDURAL BY-LAW
INTERPRETATION
DELEGATION - KRISTIN ROBINSON - REGARDING INCINERATION EMISSIONS
STUDY
Resolution #GPA-307-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the delegations of Mr. Jaison Gibson, Ms. Linda Gasser and Ms. Kristin Robinson
be received with thanks and appreciation.
CARRIED
OTHER BUSINESS
FIRE ASSOCIATION - NEGOTIATIONS
Resolution #GPA-308-08
Moved by Councillor Novak, seconded by Councillor Hooper
WHEREAS Council, consistent with historic and good, faith practices, has empowered
the Municipality's Chief Administrative Officer, Director of Corporate Services and
Human Resources, and Chief of Emergency and Fire Services as its negotiating team;
WHEREAS Council is interested in preserving the integrity of the collective bargaining
process, and the Municipality's position in negotiations; and
WHEREAS Council confirms the Chief Administrator Officer's responsibility to report to
Council on all matters pertaining to negotiation and collective bargaining;
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General Purpose and Administration Committee
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April 28, 2008
NOW THEREFORE BE IT RESOLVED that the Fire Association be advised that
Council Members will not participate in any discussion or communication with any
member of the Fire Association regarding the current and future collective agreement
negotiations, mediation and arbitration.
CARRIED
COMMUNICATIONS
There were no items dealt with under this section of the agenda.
ADJOURNMENT
Resolution #GP A-309-0B
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 1 :55 p.m.
CARRIED
MAYOR
DEPUTY CLERK
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DRAFT LIST
OF DELEGATIONS
GPA Meeting: May 12, 2008
(a) Kristin Robinson, Regarding Emissions Criteria for EFW
(b) Jaison Gibson, Regarding Nature and Animal Rights
(c) Anne White, Regarding Zoning Matter - Illegal Apartments
(d) Mark Mensink, Sernas, Regarding Report PSD-048-08
601
ClwillglOn
PUBLIC MEETING
CORPORATION OF THE REPORT II PSD-045-08
MUNICIPALITY OF CLARINGTON BOWMANVILLE ARMS RESIDENTS LTD.
NOTICE OF PUBLIC MEETING
I DEVELOPMENT APPLICATION BY: BOWMANVILLE ARMS RESIDENTS LIMITED
AN APPLICATION FOR DRAFT PLAN OF CONDOMINIUM APPROVAL
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington has deemed the above-noted application
complete and will consider a proposed draft plan of condominium, under Section 9 of the Condominium Act, 1998, as
amended, and Section 51 of the Planning Act, 1990, as amended.
APPLICATION DETAILS
The proposed Draft Plan of Condominium submitted by Bowmanville Arms Residents Limited would permit condominium
tenure for 72 apartment residential units in a 3 storey building with a 0.997 hectare lot area that is in an approved site plan.
The subject property is located at 61 Clarington Boulevard, Bowmanville as shown on reverse.
Planning File No.: C-C-2008-0001
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:
TIME:
PLACE:
Monday, May 12, 2008
9:30 a.m.
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 May 26, 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, May 21, 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 approval of the Draft
Plan of Condominium, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street,
Bowmanville, Ontario L1C 3A6.
Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and
August 8;00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville,
Ontario L 1 C 3A6, or by calling Bob Russell at (905) 623-3379 extension 341 or by e-mail atbrussell~c1arinoton.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 Draft Plan of Condominium 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 Draft Plan of Condominium 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 Claring!2~ this 4th day of April, 2008
~r..:'
David orne, M.C.I.P., R.P.P.
Director of Planning Services
Municipality of Ciarington
40 Temperance Street
Bowmanville, Ontario
L 1 C 3A6
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 12, 2008
Report #: PSD-045-08
File #: C-C-2008-0001
By-law #:
Subject:
APPLICATION FOR A PLAN OF CONDOMINIUM
APPLICANT: BOWMANVILLE ARMS RESIDENTS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-045-08 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, the Draft Plan
of Condominium application, submitted by Bowmanville Arms Residents Ltd. be
APPROVED and the Director of Planning Services be authorized to issue Draft Approval
under The Planning Act, subject to the conditions as contained in Attachment 3;
3. THAT a copy of Report PSD-045-08 and Council's decision be forwarded to the Durham
Region Planning Department and the Municipal Property Assessment Corporation; and
4. THAT all interested parties listed in this report and any delegation be advised of Council's
decision.
r\~ /~~-G3'"
Submitted by: ~\ . - . - Reviewed b~ ~ ^--.J lA.
~David J. cro~ ~ . .I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
BR/CP/DJC/df
6 May 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
801
REPORT NO.: PSD-045-08
PAGE 2
1.0 APPLICATION DETAILS
1 .1 Applicant:
Bowmanville Arms Residents Ltd.
1.2 Draft Plan of Condominium Application:
To permit condominium tenure for a 3 storey, 72 unit
residential building.
1.3 Site Area:
0.997 hectares (2.464 acres)
1.4 Condominium Plan Area: 0.997 hectares (2.464 acres)
2.0 LOCATION
2.1 The subject lands are located at 61 Clarington Boulevard, Bowmanville (Attachment 1),
being in Part Lots 15 and 16, Concession 1, in the former Township of Darlington, and
more specifically, Parts 1 and 2 in Registered Reference Plan 40R-22805.
3.0 BACKGROUND
3.1 On June 30, 2005, the applicant received Site Plan Approval for a 3 storey building with
72 apartment residential units. The Owner has submitted application to the Municipality
of Clarington to permit condominium tenure for the building and lands around it.
Construction of the building is essentially complete and the areas around the building
are being graded, and prepared for landscaping and paving.
4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
4.1 The subject property is Parts 1 and 2 in Registered Reference Plan 40R-22805,
registered on June 25, 2004. The subject property is north of, and abuts the St.
Lawrence & Hudson (Canadian Pacific) Railway. The property has a single access on
the south side of Clarington Boulevard which is shared with 65 Clarington Boulevard,
the retirement home to the north. This retirement home has a single access on the
south side of Prince William Boulevard, which is shared with the subject property.
4.2 Surrounding Uses:
North -
South -
East -
West -
retirement home and Clarington Boulevard
St. Lawrence & Hudson (Canadian Pacific) Railway
GO Transit Bowmanville Park and Ride Facility
vacant lands subject to application for Site Plan Approval
802
REPORT NO.: PSD-045-08
PAGE 3
5.0 OFFICIAL PLAN POLICIES
5.1 The lands are designated "Regional Centre" within the Durham Regional Official Plan.
The development principles of a Regional Centre include balance between residential
and employment growth and a variety of compact, higher density housing types to
service all housing needs including affordable and assisted housing. The application for
Plan of Condominium conforms.
5.2 Within the Clarington Official Plan, the lands are in the Bowmanville West Town Centre
and in the related Secondary Plan are designated Mid Rise High Density Residential.
The application for Plan of Condominium conforms to the policies.
6.0 ZONING BY-LAW CONFORMITY
6.1 The property is currently within the "Urban Residential Exception (R4-23) Zone". The
zone permits the proposed development which conforms to the zoning provisions.
7.0 PUBLIC MEETINGS
7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site.
A Public Meeting sign was installed on the Clarington Boulevard frontage.
7.2 As of the writing of this report, there was one telephone inquiry regarding the
application. The caller wanted to know the purpose of the application. It was explained
the application concerned tenure and not physical development which was already
approved through site plan control. No objection to the application was voiced.
8.0 AGENCY COMMENTS
8.1 Comments were received from a number of agencies through the Site Plan Approval
process prior to issuing Site Plan Approval. In addition the application for condominium
was circulated to a limited number of agencies.
8.2 The Engineering Services Department has no objection.
8.3 Bell Canada had standardized Conditions which were addressed through the Site Plan
Approval.
8.4 Durham Region Planning has advised that the proposal is in a "Regional Centre" and
that it conforms to the principles for Regional Centres. The proposal is adjacent a
"Future Transportation Hub" and conforms to the requirements for developments
adjacent transportation hubs. The application conforms to the Regional Official Plan and
the Region has no objection to Draft Approval of this application. The Region noted that
in support of Plan of Subdivision S-C-2001-0003, which included the subject property, a
Noise and Vibration Impact Study was submitted. An update to this study, appropriate
803
REPORT NO.: PSD-045-08
PAGE 4
mitigation measures and their implementation comprise a Condition of Draft Approval.
The other Draft Approval Condition requested is that the final Plan of Condominium
reflects the Draft Plan of Condominium.
9.0 STAFF COMMENTS
9.1 A Site Plan Agreement with the Municipality of Clarington for this development details
items such as the location of buildings, private streets, parking spaces and landscaping
features and has been executed by the applicant. The Site Plan Agreement also covers
financial matters, including Development Charges and Performance Guarantees for
landscaping and engineering works. The appropriate Letters of Credit were obtained
from the Owner for these performance guarantees. As part of the processing of Plan of
Subdivision S-C-2001-0003 the appropriate parkland dedication was made through the
plan of subdivision.
Staff has no objection to the approval of the application for Plan of Condominium.
9.2 The Owner is aware that the Municipality shall require a plan of condominium
agreement. The Conditions of Draft Approval are contained in Attachment 3. The Owner
has reviewed the attached conditions and concurs with them.
9.3 Clarington Finance advises that for the subject lands all taxes have been paid.
10.0 CONCLUSIONS
10.1 The purpose of the report is to both satisfy the requirements for a Public Meeting under
the Planning Act, and based on comments contained in this report, provided there are
no significant issues raised at the Public Meeting, also to respectfully recommend that
the Draft Plan of Condominium application, submitted by Bowmanville Arms Residents
Ltd. be APPROVED, subject to the Conditions of Draft Approval contained in
Attachment 3.
Attachment 1 - Key Map - Condominium Plan
Attachment 2 - Draft Plan of Condominium
Attachment 3 - Conditions of Draft Approval
Interested parties to be notified of Council and Committee's decision:
Kelvin Whalen, Bowmanville Arms Residents Ltd.
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Attachment 2
To Report PSD 045-08
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Attachment 3
To Report PSD-045-08
CONDITIONS OF DRAFT APPROVAL
DRAFT PLAN OF CONDOMINIUM C-C-2008-0001
1. The Owner shall prepare the final plan on the basis of the approved Draft Plan of
Condominium C-C-2008-0001, prepared by J.D. Barnes Limited, dated January 30,
2008, and plotted February 4, 2008, identified as Reference Number 01-25-214-13,
which illustrates outdoor and indoor condominium areas, 93 parking spaces and the 72
apartment units of the Bowmanville Arms Residents Ltd. apartment building, of the
standard condominium type, and all located on the property described as Parts 1 and 2
in Registered Reference Plan 40R-22805.
2. The Owner shall submit an updated noise and vibration study, including
recommendations for this development. The recommendations for noise attenuation
measures are to be implemented through the Municipality of Clarington plan of
condominium agreement, which is registered on title, and shall include any required
warning clauses, as identified in the updated noise and vibration study. A copy of the
executed agreement shall be provided to the Regional Municipality of Durham and the
St. Lawrence and Hudson (Canadian Pacific) Railway to facilitate clearance of this
condition.
3. The Owner shall agree to enter into a Plan of Condominium Agreement with the
Municipality of Clarington to address all matters, financial and otherwise, and to ensure
that all works on site are completed to the satisfaction of the Municipality of Clarington,
particularly in regards to maintenance of the common elements of the plan.
4. Prior to final approval of this Plan of Condominium for registration, the Director of
Planning Services for the Municipality of Clarington shall be advised in writing by:
a) Durham Region Planning Department, how Conditions 1 and 2 were satisfied;
b) St. Lawrence and Hudson (Canadian Pacific) Railway, how Condition 2 was
satisfied; and
c) Bell Canada, how Conditions 4 and 5 were satisfied.
807
NOTES TO DRAFT APPROVAL
1. As the Owner of the proposed condominium, it is your responsibility to satisfy all of the
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.
2. All Plans of Condominium must be registered in the Land Titles system within the
Regional Municipality of Durham.
3. 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.
4. At such time as the draft approval is in effect, the Owner is required to provide digital
copies of the draft approved plan and Conditions of Draft Approval to the Region of
Durham Planning Department and the Municipality of Clarington Planning Services
Department.
808
ClfJ!hJgtDn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Date:
Monday, May 12, 2008
Report #: PSD-046-08 File No's: A2007 -0004, A2008-0009, A2008-001 0, By-law #:
A2008-0011, A2008-0012 and A2008-0013
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF APRIL 24, 2008.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-046-08 be received; and,
2. THAT Council concurs with the decisions of the Committee of Adjustment made on April
24, 2008 for applications A2008-0009, A2008-0010, A2008-0011, A2008-0012 and
A2008-0013, and that Staff be authorized to appear before the Ontario Municipal Board
to defend the decisions of the Committee of Adjustment.
Submitted by:
D i . Crome, .C.I.P., R.P.P.
Director of Planning Services
Reviewed bY:O ~---c.,~
Franklin Wu,
Chief Administrative Officer
MK*CP*DC*sh
April 28,2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
809
REPORT NO.: PSD-046-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 All applications received by the Municipality for minor variance are scheduled for a
hearing within 30 days of being received by the Secretary-Treasurer. The purpose of
the minor variance applications and the Committee's decisions are detailed in
Attachment 1. The decisions of the Committee are summarized below.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
APRIL 24,2008
Application Staff Recommendation Decision
Number
A2007 -0004 Close without prejudice Closed without prejudice
A2008-0009 Deny Tabled for Maximum 3
months
A2008-0010 Approve with conditions Approved with conditions
A2008-0011 Approve with conditions Approved with conditions
A2008-00012 Approve with conditions Approved with conditions
A2008-0013 Approve with conditions Approved with conditions
1.2 Application A2007 -0004 was filed to permit the alteration within an existing building to
increase the total floor area from 143 m2 to 237 m2.
This application was originally heard by the Committee on April 5th, 2007, at which time
the application was tabled for a period of up to twelve (12) months to allow staff to
resolve concerns through a site plan amendment approval process.
On April 8, 2008, a letter was received from the applicant requesting that the file be
closed with no specific reasons given for the decision.
1.3 Application A2008-0009 was filed to permit the construction of a farm equipment
storage building by reducing the required minimum lot area for an agricultural use from
2 ha to 0.42 ha to permit a non-residential use in an "Agricultural (A) Zone", by reducing
the required minimum rear yard setback from 15 metres to 3 metres and by reducing
the required minimum interior side yard setback from 15 metres to 9.75 metres (By-law
84-63) & (By-law 2005-109).
810
REPORT NO.: PSD-046-08
PAGE 3
As the subject property is located within the Oak Ridges Moraine, the applicant
required a minor variance from both Zoning By-law 84-63 and Zoning By-law 2005-109
for the reduced lot area and the reduced rear and interior side yard setbacks.
Staff recommended denial of this application as the requested reduction in lot area from
2 ha to 0.42 ha to permit a non-residential use in an (A) zone would not conform with
the intent of the Zoning By-law 84-63 and Zoning By-law 2005-109 as it would be
permitting a new use on the property which would otherwise not be permitted. The
subject property was severed as a retirement lot with a 0.42 ha lot area, with the
purpose of limiting the use of the property to residential uses only.
The Committee's decision was to table the application so that the applicant would have
an opportunity to revise their original proposal to one that would not be proposing a new
use on the subject property. The applicant will have a maximum 3 months to re-submit
the minor variance application with revisions, as discussed in the meeting.
1.4 Application A2008-0010 was filed to permit the construction of a single detached
dwelling by reducing the minimum required northerly interior side yard setback from 6
metres to 4.4 metres. The applicant was required to submit a minor variance application
to correct a surveying error made during the construction of a single detached dwelling
on the subject property. The end result was that the dwelling was built too close to the
northerly interior side yard property line.
Staff recommended approval of this application subject to conditions, as there remained
a significant setback between the proposed dwelling on the subject property and the
existing dwelling on the neighbour's property to the north.
The Committee concurred with Staff recommendations and imposed the following
conditions:
. That a new grading plan be submitted and reviewed by Engineering staff within
30 days of the minor variance approval
1.5 Application A2008-0011 was filed to permit the construction of a detached garage by
increasing the maximum permitted height from 5 metres to 6.25 metres and by
increasing the maximum permitted lot coverage from 40% of the main building total floor
area to 50%.
Staff recommended approval of this application subject to conditions, as the requested
increase in height was due to a significant slope on the property which resulted in a
variation in height of the detached garage. The increase in height only applies to the
rear elevation as the front elevation of the garage is 3.6 metres in height. Staff believes
that the subject property is large enough to accommodate a slightly larger accessory
structure without becoming the dominant feature of the property. If the detached garage
is built with a height of 3.6 metres in the front, the existing single detached dwelling will
811
REPORT NO.: PSD-046-08
PAGE 4
remain the dominant feature of the property and the resulting detached garage will not
be detrimental to the character of the neighbourhood.
The Committee concurred with Staff recommendations and imposed the following
conditions:
. That no alteration in existing drainage patterns or adverse affect will occur as a
result of construction
. That the front elevation does not exceed the maximum height of 5 metres
1.6 Application A2008-0012 was filed to permit the construction of a single detached
dwelling by reducing the minimum required exterior side yard setback on street side
with a municipal sidewalk, from 4 metres to 3 metres.
The subject property is located within a new subdivision currently under construction.
The property was sold, and a model of home was chosen based on the assumption that
it was a corner lot without a sidewalk. One year after the model was chosen for the
subject property, the master plan of the subdivision was revised to change the location
of the sidewalk to the side of the street where the subject property is located. As a
result, the exterior side yard setback was not large enough to accommodate a 4 metre
exterior side yard setback with the style of home chosen by the purchasers of the
subject property.
Staff recommended approval of this application subject to conditions, as the requested
reduction in exterior side yard setback on street side with a municipal sidewalk from 4
metres to 3 metres would still provide enough space to buffer the private from the
public space.
The Committee concurred with Staff recommendations and imposed the following
conditions:
. That the initial homeowners of the property sign a letter agreeing with the
Committee's decision to approve the variance, prior to the issuance of a building
permit
1.7 Application A2008-0013 was filed to permit the enlargement of a legal non-conforming
dwelling located in an Environmental Protection Zone by adding a second storey and
two decks and stairs to the lake side and westerly side of the dwelling.
Staff recommended approval of this application subject to conditions, as the proposed
enlargement and extension of the dwelling was approved by CLOCA and did not require
a permit from them. Since the natural features that are protected by the
Environmental Protection zone will not be adversely affected by the enlargement of the
812
REPORT NO.: PSD-046-08
PAGE 5
home, Staff believes the application conforms with the intent of the Zoning By-law and
will not be detrimental to the neighbourhood.
The Committee concurred with Staff recommendations and imposed the following
conditions:
. That the two existing sheds on the property be removed or brought into
compliance with the requirements of the Zoning By-law 84-63 within thirty (30)
days; and
. That the gate used as access to the easterly entrance to the property be
removed and replaced with permanent fencing or substantial landscaping to form
a barrier from vehicular access
A barrier was suggested so that the septic and well found in the easterly portion of
the property would not be disturbed by vehicular traffic.
2.0 COMMENTS
2.1 Staff have reviewed the Committee's decisions and are satisfied that the Committee's
decision to table application A2008-0009 for further revision is justified.
2.2 Council's concurrence with the decisions of the Committee of Adjustment for
applications A2008-0009, A2008-0010, A2008-0011, A2008-0012 and A2008-0013 is
required in order to afford Staff official status before the Ontario Municipal Board in the
event of an appeal of any decision of the Committee of Adjustment.
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment
813
Attachment 1
To Report PSD-046-08
ClwilJgton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
J.J. LARACY CONTRACTING
JOHN WORDEN
PROPERTY LOCATION: 2155 CONCESSION RD 9, DARLINGTON
PART LOT 21, CONCESSION 9
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2008-0009
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A 9.14 M X 9.75 M (89.2 M2) DETACHED
GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM
40% OF THE MAIN BUILDING TOTAL FLOOR AREA TO 76%.
DECISION OF COMMITTEE:
TO TABLE THE APPLICATION FOR A MAXIMUM OF 3 MONTHS
DATE OF DECISION: May 8,2008
LAST DAY OF APPEAL: May 28,2008
814
Cl~gtnn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
VEENSTRA CONSTRUCTION LIMITED
MIKE WILLOUGHBY
PROPERTY LOCATION:
63 WILLIAM ALLIN COURT, CLARKE
PART LOT 19, CONCESSION 2
FORMER TOWN(SHIP) OF CLARKE
A2008-00 1 0
FILE NO.:
PURPOSE:
TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING
THE MINIMUM REQUIRED NORTHERLY SIDE YARD SETBACK FROM 6 METRES TO
4.4 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE MINOR VARIANCE TO PERMIT CONSTRUCTION OF A SINGLE
DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED NORTHERLY
SIDE YARD SETBACK FROM 6 METRES TO 4.4 METRES WITH THE CONDITION
THAT A NEW GRADING PLAN IS SUBMITTED AND REVIEWED BY ENGINEERING
SERVICES DEPARTMENT WITHIN 30 DAYS AS IT IS MINOR IN NATURE,
CONFORMS WITH THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW
AND IS DESIRABLE.
DATE OF DECISION: April 24, 2008
LAST DAY OF APPEAL: May 14, 2008
815
CJNJngron
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
ROY POOLE
SUSAN POOLE
PROPERTY LOCATION:
86 BALDWIN STREET, NEWCASTLE VILLAGE
PART LOT 29, CONCESSION 1
FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE
A2008-0011
FILE NO.:
PURPOSE:
TO PERMIT CONSTRUCTION OF AN ACCESSORY STRUCTURE (DETACHED
GARAGE) BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 5 METRES
TO 6.25 METRES AND BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE
FROM 40% OF THE MAIN BUILDING TOTAL FLOOR AREA TO 50%.
DECISION OF COMMITTEE:
TO APPROVE THE CONSTRUCTION OF AN ACCESSORY STRUCTURE
(DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED HEIGHT
FROM 5 METRES TO 6.25 METRES AND BY INCREASING THE MAXIMUM
PERMITTED LOT COVERAGE FROM 40% OF THE MAIN BUILDING TOTAL FLOOR
AREA TO 50%, AS IT CONFORMS WITH THE INTENT OF THE OFFICIAL PLAN,
AND MEETS THE INTENT OF THE ZONING BY-LAW, IS MINOR IN NATURE AND
IS DESIRABLE. WITH THE FOLLOWING CONDITIONS:
. THAT NO ALTERATION IN EXISTING DRAINAGE PATTERN OR ADVERSE
AFFECT WILL OCCUR AS A RESULT OF CONSTRUCTION; AND
. THAT THE FRONT ELEVATION DOES NOT EXCEED THE MAXIMUM
HEIGHT OF 5 METRES.
DATE OF DECISION:
April 24, 2008
LAST DAY OF APPEAL: May 14, 2008
816
Cl!Jl#]gton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
TUNNEY PLANNING INC
INTRACORP DEVELOPMENTS L TD
PROPERTY LOCATION:
43 MCCORKELL STREET, BOWMANVILLE
PART LOT 11, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILLE
A2008-0012
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY
REDUCING THE MINIMUM REQUIRED EXTERIOR SIDEYARD SETBACK, ON A
STREET SIDE WITH A MUNICIPAL SIDEWALK, FROM 4 METRES TO 3 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE VARIANCE TO PERMIT THE CONSTRUCTION OF A SINGLE
DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR
SIDE YARD SETBACK ON A STREET SIDE WITH A MUNICIPAL SIDEWALK FROM
4 METRES TO 3 METRES WITH THE CONDITION THAT THE INITIAL
HOMEOWNER OF THE PROPERTY SIGNS THE ATTACHED LETTER TO AGREE
WITH THE COMMITTEES DECISION TONIGHT PRIOR TO ISSUANCE OF A
PERMIT, AS IT IS MINOR IN NATURE, CONFORMS WITH THE INTENT OF THE
OFFICIAL PLAN AND ZONING BY-LAW, AND IS DESIRABLE.
DATE OF DECISION: April 24, 2008
LAST DAY OF APPEAL: May 14,2008
817
CWilJgton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
DURHAM ENGINEERING LTD.
GORDON GIFFIN
PROPERTY LOCATION:
55 CEDAR CREST BEACH ROAD, BOWMANVILLE
PART LOT 13, CONCESSION BF
FORMER TOWN(SHIP) OF DARLINGTON
A2008-0013
FILE NO.:
PURPOSE:
TO PERMIT THE ENLARGEMENT OF A LEGAL NON-CONFORMING DWELLING
LOCATED IN AN ENVIRONMENTAL PROTECTION ZONE BY ADDING A SECOND
STOREY AND A DECK.
DECISION OF COMMITTEE:
TO APPROVE THE VARIANCE TO PERMIT THE ENLARGEMENT OF A
LEGAL NON-CONFORMING DWELLING LOCATED IN AN
ENVIRONMENTAL PROTECTION ZONE BY ADDING A SECOND STOREY
AND A DECK WITH STAIRS WITH THE FOLLOWING CONDITIONS:
. THAT THE 2 SHEDS BE REMOVED OR BROUGHT INTO
COMPLIANCE WITH ZONING BY-LAW 84-63 WITHIN 30 DAYS; AND
. THAT THE GATE USED AS ACCESS TO EASTERN SIDE OF THE
PROPERTY BE REMOVED AND REPLACED BY PERMANENT
FENCING.
AS IT IS MINOR IN NATURE, CONFORMS WITH THE INTENT OF THE OFFICIAL PLAN
AND ZONING BY-LAW AND IS DESIRABLE
DATE OF DECISION: April 24, 2008
LAST DAY OF APPEAL: May 14, 2008
818
C!.~glon
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 12, 2008
Report #: PSD-047-08
File #: LD004/2008
By-law #:
Subject:
REPORT FOR INFORMATION REGARDING APPEAL OF LAND DIVISION
COMMITTEE DECISION
APPLICANT: ERHARDT WITZKE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-047-08 be received for information; and
2. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Reviewed by:
o~~
Franklin Wu,
Chief Administrative Officer
SAlCP/DJC/av/df
May 5, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
819
REPORT NO.: PSD-047-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: D.G. Biddle & Associates
1.2 Owner: Erhardt Witzke
1.3 Land Division Application:
For consent to sever a vacant 10.67 ha parcel of land for further
development within the urban area boundary of boundary of Bowmanville,
retaining a 17.55 ha lot for agricultural purposes outside Bowmanville
Urban Area.
1.4 Site Area: 28.22 ha
1.5 Location: The subject lands straddle the west limits of the Bowmanville Urban Area
boundary, on the north side of Baseline Road and east of Maple Grove
Road. The property is contained within Part Lots 17 and 18, Concession 1,
in the former Township of Darlington.
2.0 BACKGROUND
2.1 In December of 2007, the Municipality of Clarington was circulated by Regional Land
Division an application for consent to sever a vacant parcel for future development.
Durham Region is the approval authority on all land division applications and the
Municipality of Clarington is a commenting agency.
2.2 A decision was made on January 14, 2008, by the Land Division Committee to approve
the application as the application conformed to Provincial Policies, the policies of the
Durham Regional Official Plan, the Clarington Official Plan, and the requirements of the
Clarington Comprehensive Zoning By-law. A copy of the decision in its entirety is
contained in Attachment 1.
2.3 A neighbouring property owner, Mr. Colville appealed the decision of the Land Division
Committee to the Ontario Municipal Board and the Municipality of Clarington was
subsequently notified of this appeal.
3.0 MUNICIPAL POSITION
3.1 Prior to submission of the land division application, the property owner did pre-
consultation with the Municipality of Clarington and Durham Region Planning
Department in 2006. An Environmental Impact Study (EIS) was conducted prior to the
application being submitted at the owner's expense and was facilitated by the
Municipality of Clarington Planning staff.
820
REPORT NO.: PSD-047-08
PAGE 3
3.2 The Growth Plan states that major growth shall be directed to settlement areas that
offer municipal water and wastewater systems. The severed lands are to be used for
future development and are located within the Bowmanville Urban Area. Servicing by
regional municipal water and sanitary systems is required for any future development
proposed.
The retained lands are located outside the urban area boundary, and the owner states
that these lands shall continue to be used for agriculture.
3.3 The Clarington Official Plan designates the severed parcel "Environmental Protection
Area" and "Urban Residential". The EIS detailed the limits of the Environmental Protection
Area and studied the features contained within it and on property immediately adjacent.
The majority of the severed parcel was determined to be located within the Urban
Residential designation. The land division application proposed that the western boundary
of the severed parcel would follow the Urban Area Boundary for Bowmanville. The
Municipality deferred the dedication of the valleylands in the Environmental Protection
Area designation until the submission of the future draft plan of subdivision application. At
such time a draft plan of subdivision application is submitted, further environmental impact
study will be required based on the detailed proposal. The delineation of the valleylands
may change as the impact of the draft plan of subdivision will be assessed. As a condition
of draft approval, the Municipality will obtain these valleylands and the required buffer
area.
The retained parcel is designated Green Space and Environmental Protection Area. The
Environmental Protection Area is consists of a significant valleyland, warm water stream
and hazard lands. The applicant states that this parcel shall remain in farm use.
3.4 Within the Municipality's Comprehensive Zoning By-law 84-63, as amended, the retained
parcel is zoned "Agricultural (A)" and "Environmental Protection (EP)". As per regulations
contained in Zoning By-law 84-63, the residual parcel is deemed to comply for lot area
requirements. The retained parcel has lot frontage along Baseline Road (291.23 metres)
and frontage and an existing access to Maple Grove Road (353.08 metres). The retained
parcel would comply with the Zoning By-law.
The severed portion of land is zoned "Agricultural (A)" and "Environmental Protection (EP)"
also. This land is proposed for future land assembly and residential development through
plan of subdivision. The severed parcel has road frontage on Baseline Road (81.3
metres) however access shall not be permitted. Access will be from the draft approved
plan of subdivision abutting to the east, 18T -90051.
4.0 STAFF COMMENTS
4.1 Both the Region of Durham and the Municipality of Clarington supported the land
division application for future development.
821
REPORT NO.: PSD-047-08
PAGE 4
4.2 The neighbouring property owner, Mr. Colville, has appealed the decision of the Land
Division Committee for the following reasons:
· Loss of property value;
· Well water disruption;
· Alteration of the creek bed;
· Retention of the hill;
· Loss of prime agricultural land;
· Lack of local infrastructure to support development; and
· Concerns about the proposed developer.
The appellant did not speak to Clarington Planning Staff prior to submitting the appeal
to the Region.
4.3 In compliance with previous Council direction on third party appeals, the Municipality
will not take an active role in this hearing but will only attend, if requested by the
applicant, to assist in defending the Land Division Committee's decision.
5.0 CONCLUSION
5.1 Staff recommends that Council receive the report for information.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Decision of Land Division Committee
Attachment 2 - Clarington Comments to Land Division Committee
Attachment 3 - Appeal Letter
List of Interested Parties:
D.G. Biddle & Associates
Erhardt Witzke
Michael Fowler
Lino Trombino, Regional Planning Department
The Kaitlin Group Ltd.
J. Cryderman
J. Colville
822
Attachment 1
To Report PSD-047-08
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823
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Attachment 2
To Report PSD-047-08
Cl~iJlgron
COMMENTS TO LAND DIVISION COMMITTEE MEETING FOR JANUARY 14, 2008
APPLlCA TION NO.:
LD 004/2008
APPLICANT:
LOCA TION:
WITZKE, ERHARD & HENRIETTA
PART LOTS 17 & 18, CONCESSION 1, FORMER
TOWNSHIP OF DARLINGTON
PROPOSED USE:
CONVEYANCE TO CREATE LANDS FOR FUTURE
URBAN RESIDENTIAL DEVELOPMENT
DESCRIPTION OF APPLlCA TION
The applicant proposes to sever a vacant 10.67 ha parcel of land for future development
within the urban area boundary of Bowmanville, retaining a 17.55 ha lot for agricultural
purposes outside the urban area boundary of Bowmanville.
CONFORMITY WITH PROVINCIAL POLICY
Provincial Policv Statement
The Provincial Policy Statement indicates that natural features and areas shall be
protected for the long term. The area proposed to be severed contains a significant
valley land, a wood lot and a warm water stream. An Environmental Impact Study (EIS)
was conducted by the Municipality and a development limit and mitigation measures
were determined. These will guide all future development through plan of subdivision
and rezoning.
The severed parcel is for future urban residential development and no development will
be permitted on this severed parcel as a result of the land division application. Future
applications for subdivision and rezoning will be required prior to any development
occurring. The application would appear to be in conformity with the Provincial Policy
Statement.
Growth Plan
The Growth Plan directs growth to built-up areas where the capacity in the infrastructure
exists to best accommodate the expected population, and to identify natural systems and
enhance the conservation of these resources. The proposal appears to conform.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 961f~23-3379
L.D. Comments - LD 004/2008
Page 2
CONFORMITY WITH OFFICIAL PLAN PROVISIONS
The Clarington Official Plan designates the severed parcel as "Environmental Protection
Area" and "Urban Residential". The EIS noted above, detailed the limits of the
Environmental Protection Area, and the majority of the severed parcel is located within the
Urban Residential area. The proposed western boundary of the severed parcel follows the
Urban Area Boundary for Bowmanville not the Environmental Protection Area designation
boundary as the Municipality will obtain these valley lands through future development
applications.
The retained parcel is designated Green Space and Environmental Protection Area. The
Environmental Protection Area is consists of a significant valleyland, warm water stream
and hazard lands. The applicant states that this parcel shall remain in farm use.
COMPLIANCE WITH ZONING BY-LAW PROVISIONS
Within the Municipality's Comprehensive Zoning By-law 84-63, as amended, the retained
parcel is zoned "Agricultural (A)" and "Environmental Protection (EP)". As per regulations
contained in Zoning By-law 84-63, the residual parcel is deemed to comply for lot area
requirements. The retained parcel has lot frontage along Baseline Road (291.23 metres)
and frontage and an existing access to Maple Grove Road (353.08 metres). The retained
parcel would comply with the Zoning By-law.
The severed portion of land is zoned "Agricultural (A)" and "Environmental Protection (EP)"
also. This land is proposed for future land assembly and residential development through
plan of subdivision. The severed parcel has road frontage on Baseline Road (81.3
metres).
COMMENTS
In January 2006 the owner's of the subject property initiated the Environmental Impact
Study process with the Municipality of Clarington. This study was completed in the fall of
2007 and the owner's are now ready to proceed with the severance of the lands located
within the Urban Area Boundary of Bowmanville.
Through the EIS process, the approximate development limit of future development was
determined. There is a significant valleyland, warm water stream and woodlot located on
the property. The Municipality will not require the dedication of the environmentally
protected lands through this land division process. At the time of subdivision application,
when detailed grading and drainage plans have been generated, an addendum to the EIS
report is required to further refine the development limit. The Municipality will require the
dedication of the environmentally protected lands at that time.
Currently the easterly abutting property owner has extended servicing to the east
boundary of the severed parcel. Future developers will be responsible for all servicing
costs, including any front ending agreements that may be in place at that time.
825
...
L.D. Comments - LD 004/2008
Page 3
Clarington Engineering Services has no objection to this application but will not permit an
entrance on Baseline Road. A 0.3 metre reserve must be provided to the Municipality
along the entire Baseline Road frontage of the severed parcel.
The 0.3 metre reserve required along the Baseline Road frontage will land lock the
parcel. Therefore, an easement, for maintenance purposes of the severed parcel, will
be required over the retained parcel. This easement shall not be for future development
or construction access at the time of development.
No development of any kind will be permitted on the severed parcel until such time as the
owner enters into a development agreement with the Municipality.
RECOMMENDA T/ONS
Should the Committee deem it appropriate to approve the application, staff would have
no objection, however, would request that, as conditions of approval the applicant be
required to:
1. Provide Staff with two copies of the reqistered reference plan;
2. Remove any buildings and structures prior to the clearance of this land division
application;
3. No development of any kind is to occur on the severed parcel or retained parcel
as a direct result of the approval of this application;
4. An entrance will not be permitted on Baseline Road for the severed parcel;
5. A 0.3 metre reserve shall be provided to the Municipality of Clarington along the
entire frontage of the severed parcel. The 0.3 m reserve should be illustrated on
the registered reference plan as noted above;
6. An easement over the retained parcel for maintenance purposes only, is
required; and,
7. Ensure that any new lots created through severance, whether retained or
severed comply with all applicable provisions of Zoning By-law 84-63;
Susan Ashton, Senior Planner,
Development Review Branch
SAldf
January 14, 2008
826
Attachment 3
To Report PSD-047-08
MINUTES AND DECISIONS
DURHAM LAND DIVISION COMMITTEE
As per: The Planning Act,
and in accordance with the Provincial Rules of Procedure
CONSENT APPLICATION heard on: Monday, January 14, 2008
LD 004/2008 Submission B004/2008
Owner
Witzke, Erhard
Witzke, Henriette
D. G. Biddle & Assoc. Ltd.
Part lots 17 & 18, Cone. 1
Municipality of Clarington
(former Darlington)
Agent
Location
Municipality
Consent to sever a vacant 10.67ha agricultural
parcel, retaining a vacant 17.55ha agricultural lot.
Mr. E. Witzke, owner, Mr. Rob Larocque, agent, Mr. Kelvin Whalen,
representing The Kaitlin Group Ltd., Mr. James Cryderman, and
Mr. John Colville, all 60m notified neighbours, were present.
A written correspondence was received January 10, 2008 from Mr. Kelvin
Whalen, Vice-President, Land Development, The Kaitlin Group Ltd. requesting
a condition for front-ending agreement by-law be part of the subject application's
approval.
Mr. R. Larocque advised the Committee that he approached the Municipality
of Clarington and completed an Environmental Impact Study in preparation of the
Land Division Application. He advised the Committee that the retained parcel is
currently used for farming purposes. He also advised the Committee that the
applicant is prepared to agree to The Kaitlin Group Ltd.'s front-ending costs.
Mr. K. Whalen advised the Committee that The Kaitlin Group Ltd. has no
objection to the planning principles of the application. He advised the Committee
that they had developed the property to the east and sized it for the potential to
allow for this severance by oversizing the sewers etc.
Mr. J. Cryderman advised the Committee that he was not in opposition but
wanted to point out the location of the creek and woodlots and expressed his
concern that he would not like to see these natural features destroyed.
21 827
Mr. J. Colville advised the Committee that he does not want to see the hill and
drumlin be altered. He advised the Committee that it is the only natural berm
within 1 mile of the lake in Durham Region. As well he expressed his concern for
neighbouring wells, stating that his father lost his well due to the development to
the south and east of these lands.
Mr. R. Larocque explained that an Environmental Assessment Study was done
reflecting the projected line for severance. He also advised that a small shaving
of the hill would be inevitable.
The Committee noted the signs were not posted at a visible location and were
difficult to view.
The Committee noted Municipality of Clarington's comments about entering into
an agreement before development of the land.
The Committee had for information reports received from the Regional
Municipality of Durham Planning, Health and Works Departments, the
Municipality of Clarington and Central Lake Ontario Conservation Authority.
Agency comments were handed to Mr. R. Larocque.
DECISION OF THE COMMITIEE
APPLICANT/OWNERS ARE RESPONSIBLE FOR FULFILLING ALL
CONDITIONS.
MOVED: J.-M. Kormanicki
SECONDED: J. Hurst
That application LD 004/2008 be approved as applied for, subject to:
1/ That the applicant satisfy the requirement of the Municipality of Clarington,
financial and otherwise.
2/ That the applicant submit two copies of a registered reference plan on the
subject parcel.
3/ That the consent be subject to the following time periods:
Last Date for fulfilling Conditions is Friday, January 23, 2009.
Expiry Date of Application LD 004/2008 is Monday, February 23,2009.
CLEARING AGENCIES
4/ That prior to the signing of the certificate by the SecretarylTreasurer that
the consent has been given, the SecretarylTreasurer is to be advised in
writing by the Municipality of Clarington that condition #1 has been
22 828
"
carried out to its satisfaction.
5/ That prior to the signing of the certificate by the Secretary/Treasurer that
the consent has been given, the Secretary/Treasurer has to be satisfied
that the time periods outlined in condition #3 have been adhered to.
CARRIED UNANIMOUSLY
Signed by all members present and concurring that
this is the Committee Decision of LD 004/2008 on
Monday, January 14, 2008.
(CHAIR)
(VICE CHAIR)
D. Sullivan
H. Graham
J. Collins
ABSENT
J. Hurst
J.-M. Komamicki
L. Patel
R.E. Sutton
W. Taylor
ABSENT
Q(k~AffY
Assistant SecretarylTreasurer
Last Date of Appeal of this Decision or any of the conditions therein is Tuesday,
February 12, 2008.
23 829
Attachment 4
To Report PSD-047-0B
~
Re: Consent Application LD 004/2008, Submission B00412008
Location: Part lots 17 & 18, Concession 1
Municipality: Municipality of Clarington, (former Darlington Township)
It is with much regret that I must file a Notice of Appeal regarding the
descision of Durham Land Division Committee at the meeting held on
Monday, January 14, 2008. I feel that many of my concerns, as well as that of
some of my neighbours have not been addressed, and I would like to have
time to study and reply to the information reports from the Regional
Municipality of Durham Planning, Health and Works Departments,
Municipality of Clarington and the Central Lake Ontario Conservation
Authority.
My concerns are as follows:
1. PROPERTY VALUE: A genuine concern to myself, as my property is
presently surrounded by mature and growing tree lots to the east and north.
This enhances the property greatly, and the loss of the tree line of both the
mature and growing trees would be certain to diminish the landscape. A
proposed medium to high density housing would also GREATLY compromise
my property value, and the value of my neighbours properties as well. Most
of the houses that currently border the property in question were built in the
late 1950's to early 1970's and sit on parcels of land ranging from 1 acre to
nearly 10 acres. Any proposed high or medium density housing would look
out of place in this area. An ideal subdivision for this particular area would be
low density estate type lots like the ones that exist on Old Scugog Road,
Pamela Court, Sydell Court and Rebecca Court in Bowmanville. A
subdivision of this nature would lessen environmental impact by retaining a
lot of the trees and landscape, as well as being a lot more pleasing to the eyes.
2. WELL WATER: Recent construction on Baseline Road virtually destroyed
the well of the house located at 974 Green Road, (southwest corner of Green
Road and Baseline), and forced the residents, namely my parents, to have to
have town water service brought in. This past summer and fall was
exeptionally dry, but the combination of the road construction, the oversized
sewers that follow along Green Road, and the continued deepening of the
limestone pit at the local cement plant have all contributed to the overall
lowering of the water table. My neighbour to the east had trouble with his
well as the result of the construction on Baseline Road, creating the washing
830
down of silt and and water from the roadbed on to his property, thus
compromising his well. My well, as well as the neighbour across from me
experienced the phenomenon of a " rotten egg" smell when we turned on our
taps, suggesting that sulphur gas has infiltrated the well. This continued
throughout the summer and fall, and only began to disappear when we
received snow before Christmas, and the creek began to run again.
It is my feeling that if construction of a housing development were allowed
in this area, there would have to be additional sewer lines put in, but I fear in
doing so, it would compromise my well, as well as my neighbours in the
immediate area. I would request reports from the Central Lake Ontario
Conservation Authority, Health and Works Departments, and any related
material to this matter.
3. ALTERATIONS OF CREEK BED, TREE REMOVAL: Main concern is
contamination of creek bed by silt from disturbed earth or construction related
activity. How close will the subdivision, when built, come to the creek? It is
possible to create a "BUFFER ZONE" around the creek of say 25 to 30 meters,
leaving existing vegetation and trees, including some of the younger pines
intact? Again, I would ask for clarification from the Central Lake Ontario
Conservation, as well as proposal from intended developer(s).
4. RETENTION OF THE HILL: This unique geological feature to the
southwest of Bowmanville was formed over 10,000 years ago during the Ice
Age, and was the result of glacial activity. What especially makes this hill
significant is that it is the highest point of land along the North Shore of Lake
Ontario within a mile of the Lakeshore itself. This hill also provides some
measure of shelter from both winter and summer storms, especially those
coming from a south-southwest direction. The retention of mature trees on the
west side of the hill would also provide shelter.
Subdivisions that were constructed in the area of Grandview near Bloor
Street, and Adelaide Street just east of Harmony Street in Oshawa not only
retained the hills, but left the trees on the sides giving the area a less stark
look, and leaving an area where a walking or cycling path could be put. In the
meeting that was held on the 14th of January, Mr. Rob Larocque who is an
agent of D.G. Biddle & Assoc. Ltd and who is representing Mr. Witzke stated
that a "small shaving" of the hill was inevitable. I would like this clarified a
bit further to how much "shaving" would take place, and not have it
completely levelled like the hill that once existed to the east. Sadly, all that
was left of it were the "shavings".
In conclusion, any major alteration to or removal of this hill would ruin the
831
landscape, leaving the area without any charactaristic nature and would
permanently destroy a known landmark that has a significant geological
distinctfulness. Again, I would like C.L.O.C.A.'s imput.
5. LOSS OF PRIME AGRICULTURAL LAND: "You don't know what you
have 'til its gone", a line from a popular song by Canadian recording artist Joni
Mitchell immediately comes to mind. The permanent loss of prime
agricultural land in Southern Central Ontario is beginning to reach a crisis
stage. Continued overpopulation and urban sprawl along the north shore of
Lake Ontario has dramatically reduced both dairy and crop farming in this
area. This region of Ontario has had some of the best growing conditions
containing good rich topsoil for crops of vegetables, wheat, oats, as well as
apples, and enjoyed a slightly longer growing season because of the
moderating effect of the lake. It is, second to none.
Any further loss of will condemn future generations to having to depend on
markets that are far off, like western Canada and the United States. The cost
of transporting farm products to the markets and food processing plants will
soon be prohibitive, given the ongoing rise in the price of fuel and (
transportation. As well, because of climatic changes taking place, our
dependancyon these regions may be in jeopardy should there be a crop failure
due to draught, disease, or weather related incidents. A good example took
place in California and Florida should be a wake-up call. The time to start
conserving farmland and greenspace is NOW. Governments NEED to
encourage farming and agriculture. Future generations are going to depend
on it. It has been best said "FARMERS FEED CITIES".
6. LOCAL INFRASTRUCTURE: When the town of Bowmanville came into
being, it was not expected that it would grow at any great rate. The layout of
the town itself, and because of the surrounding geographical features, such as
Bowmanville Creek to the west end, and Soper Creek to the east limited the
expansion. As it is now, there is only one east-west road, and two north-south
roads that pass directly through the town itself. Of these, No.2 Highway, or
King Street cannot be widened through the town, so traffic bottle-necks at
both ends and congests in the town itself. Liberty Street also cannot be
widened because of existing housing in the older part of town. As a result
traffic backs up dramatically during peak periods. It is not uncommon to have
northbound traffic coming off 401 in the afternoon backed up from King Street
almost down to the Baseline Road. The resulting gridlock makes it extremely
difficult to access Liberty from any of the side streets. Only Regional Rd 57
has any potential for widening, and even then, more traffic lights are needed,
832
namely at Aspen Springs Drive. There are times when you could be sitting
nearly ten minutes at this intersection to make a left-hand turn from Aspen
Springs onto Regional 57. With the addition of more development to the west
al<~ng Green Road, this will only make things much worse. Until Green Road
extends from Highway 2 to Baseline Road will any improvement be made, and
that may not be for long, if the current development is not curbed. Baseline
Road from Holt Road to the West Side Drive area is now extremely busy, and
must take the excess from No.2 Highway and overflow from 401 in the event
of a traffic tie-up.
Our local Hospital is now feeling the strain of more people coming into this
area. The last addition to the hospital was in 1988-89. The maternity ward was
closed down and moved to Oshawa. Trying to obtain a family physician in this
area is almost impossible, as there have been more retirements of long
standing medical doctors, and not enough replacements to keep up with the
demand.
As for job opportunities in this area, the prospects are not that great. There
are only three major manufacturing companies in this area. Goodyear, which
has been in decline over the years, St. Mary's Cement, and O.P.G. Nuclear at
Darlington. Only Darlington Nuclear has any potential to expand, and will
only see a peek employment during the construction period. As it was when
Darlington was first built, there was a major influx of construction workers,
but when the project was completed, most of the construction workers had left
the area for other projects. Only about one in four people who currently work
at Darlington make their home in the Clarington area. Most come from
Oshawa, Whitby, Toronto, Peterborough, Lindsay, Port Hope and Cobourg,
and even further beyond. The only other significant employer in the area is
General Motors, which is facing a major re-adjustment. G.M has closed a
number of plants in the United States, and because of our high dollar- high
wage and benefits, makes a Canadian auto worker "high priced help". The
manufacturer will look elsewhere to produce his product. An example is the
Chevrolet and GMC four door crew-cab trucks that were produced in Oshawa
are now produced in Mexico. The local economy depends greatly on G.M.,
and if there were any significant layoffs forthcoming, it works out that for
every G.M. worker that is laid-off, the spin-off effect is between 6 and 8
people losing their jobs in related industries, as well as retail. If we think that
G.M. is invincible, remember what took place at St- Therese Quebec a number
of years ago, it could happen here, with disasterous results!
With a potential booming market in the east and south Asia, many
manufacturing jobs have left for this part of the world. With cheap labour
costs, and not having stringent health and safety rules, as well as a potential
833
booming middle class, India and China are fast becoming players in the global
market. What that means for us is a continued loss of manufacturing jobs.
Clarington, and indeed Durham Region are fast becoming a service industry
area, which means that there are only limited opportunities. There has been
talk that Clarington is trying to attract Research and Development firms to this
area, but don't forget, manufacturing jobs are in steady decline in other areas
of the so-called G.T.A., and these areas will also will be in very hard
competition to aquire these industries. Traditionally, the nearer to the city, the
better the chances.
7. CONCERNS ABOUT PROPOSED DEVELOPER: Recent media reports
about the proposed developer of this property have made me very
apprehensive about how they will deal with or co-operate with surrounding
property owners. I am aware through the media, and personal contacts that a
Statement of Claim was filed with the Ontario Superior Court on December
17th, 2007 regarding the on-going dispute between this developer and the Port
of Newcastle residents. It is my belief that the Municipality of Clarington, in
order to protect its own integrity should place an "on-hold" of any future
construction or development by this developer pending a descision of the
Superior Court in this matter.
834
CI!1[.#]gtnn
REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, May12,2008
Report #:
File #: ZBA 2007-0016 and
S-C-2007 -0005
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)
PSD-048-08
By-law #:
Subject:
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-048-08 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:
.---'
rome, M.C.I.P., R.P.P.
of Planning Services
./~~
Reviewed by: .~
.l.nr :an in Wu,
/() v Chief Administrative Officer
CS/CP/DJC/df
5 May 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
835
REPORT NO.: PSD-048-08
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. Official
Plan Amendment No. 59 was approved by Council on December 10, 2007.
836
REPORT NO.: PSD-048-08
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 Report PSD-037-08 was forwarded to the March 31, 2008 General Purpose and
Administration Committee. At the request of the applicants, the report was referred back
to Staff to allow for further discussion with Staff to address outstanding concerns. Since
that time, Staff have met with the applicants and their consultants to resolve the issues
namely, melding of medium density blocks, farm access easements and dedication of
valleylands. All of these issues have since been resolved in a manner satisfactory to
both parties.
3.5 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 were also considered and approved at the April 14, 2008 General
Purpose and Administration Committee meeting through Staff Report PSD-041-08.
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 Open Space 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 -
South -
East -
West -
Bowmanville Golf Course
Concession Road 3 and beyond, urban residential
Estate residential, church and residential on Concession 3
Middle Road and beyond, vacant agricultural land (subject to a 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.
837
REPORT NO.: PSD-048-08
PAGE 4
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.
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.
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REPORT NO.: PSD-048-08
PAGE 5
6.0 OFFICIAL PLANS
6.1 Durham Reqional 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 Clarinqton 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
839
REPORT NO.: PSD-048-08
PAGE 6
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
been finalized and was presented at the March 1th, 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.
840
REPORT NO.: PSD-048-08
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.
9.2 A number of area residents expressed concerns and provided comments on the
proposed development. Their concerns/comments are 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 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.
841
REPORT NO.: PSD-048-08
PAGE 8
· 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.
· 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 '0' and Street'/' be designated for
future transit service to address operational concerns and to provide
adequate coverage ensuring effective service delivery standards are met; and
842
REPORT NO.: P5D-048-08
PAGE 9
· 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 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 5T AFF 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.
843
REPORT NO.: PSD-048-08
PAGE 10
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
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
844
REPORT NO.: PSD-048-08
PAGE 11
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 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 Phasinq 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
845
REPORT NO.: PSD-048-08
PAGE 12
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.
11.4 Revisions to the Plan
11.4.1 The draft plan of subdivision requires a 4.0 metre landscape strip in the form of an
easement, along the frontage of the medium density block (Block 295 and 294 as
red lined) on 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. The developers have requested that the landscaped strip be in the
form of an easement so it can be maintained by the future condominium corporation on
a regular basis.
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 most southerly block (Block
294) containing 3 on-street townhouse units with Block 295 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 "0". This block shall be revised to an Open
Space Block.
11.4.4 A 10.0 metre easement is shown through Blocks 298 and 300. These lands are to be
dedicated to the Municipality for Open Space purposes. The easement is required by
Mr. Carruthers to access the farm field to the north of Block 300. The field is cultivated
and not used for livestock. Staff have investigated other means of accessing this site
and have concluded that this existing route through the Open Space lands is the only
viable access. However, the current access is narrower than the 10.0 metres identified
on the plan and Staff are of the opinion it can be reduced to 6.0 metres.
11.4.5 After reviewing the draft conditions of approval, the Owners have raised an issue with
condition 34. This condition required the Owner's to be 100% responsible for the cost
of preparing a plan for the establishment of the trail in the Open Space block as well as
constructing said trail to the satisfaction of the Director of Engineering Services.
Through discussion with staff, the Owner's were advised that the trail should be
constructed with an asphalt surface. The Owners objected to constructing a paved trail
within the Open Space block. They believe that a wood chip trail should be sufficient as
this trail will be localized within this development and not provide connections to other
parts of the Municipality.
846
REPORT NO.: PSD-048-08
PAGE 13
Staff reviewed this issue further and decided to revise condition 34 to require a chip trail
only to be constructed by the Owners. The location and width will be determined in
consultation with Municipal staff. The Owners have agreed with the conditions as
revised.
11.5 Cultural HeritaQe
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 applicants concur with the Conditions of Draft Approval. 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
847
REPORT NO.: PSD-048-08
PAGE 14
List of interested parties to be advised of Council's decision:
Dave and Janet Passant
Rick and Donna McCreary
Mike and Caroline Dodds
Peter and Heather Abramczuk
Gord and Rosemary Baker
Grant Martin
George and Cheryl Strilchuk
Dominick and Angela Forsellino
Kurt and Sylvia Graichen
Ardyth Korte
Sernas Associates
Reverend Gordon Belyea
Florence Cinquemani
Mike Dome
Cindy Craig Murdoch
Hielka Holkema
Glenn Genge
Wendy Busuttil
Hannu Halminen
Baysong Developments I nc
Kirk & Douglas Kemp
Bob and Patsy Carruthers
Kevin Tunney
Rick James
Ron & Ann Reitsma
Tammie McGann
848
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Attachment 1
To Report PSD-048-08
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To Report PSD-048-08
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Attachment 3
To Report PSD-048-08
CONDITIONS OF DRAFT APPROVAL
S-C-2007 -0005 (Northglen East)
May 12, 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, 58 block townhouse units, 16 street 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) that Blocks 294 be melded into Block 295;
ii) that Blocks 298 and 302 be identified as Environmental Protection Area;
iii) that the lot between Lot 246 and Block 298 be revised to a straight line; and
iv) that the 10.0 metre access easement through Blocks 298 and 300 be reduced to
6.0 metres.
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.
851
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 easement for the purposes of a landscaped strip
along the entire frontage of Block 295 and Block 294 as redlined on the draft plan.
13. The Owner shall be 100% responsible for the cost of preparing a reference plan to the
satisfaction of the Municipality of Clarington, for the 6.0 metre farm vehicle access
easement through Blocks 298 and 300 for maintenance of vacant farmlands north of Block
300.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
14. 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 phasing Plan shall be provided to the Region of Durham.
The Municipality shall require the preparation of a separate Agreement for each phase of
development.
15. 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.
16. 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.
17. 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.
852
18. 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.
19. 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
necessary by the Director of Engineering Services shall be undertaken at 100% cost to the
Owner.
20. The Owner shall prepare an 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.
21. 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.
22. 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.
853
24. 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
available for building permits in any single phase of the development will be at the
discretion of the Director of Engineering Services.
25. 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.
26. The Owner acknowledges that portions of the draft plan of subdivision are premature
relative to the Municipality's capital budget and four year forecast. 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:
') 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.
27. 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.
28. 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:
854
· 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.
29. The Owner shall convey Blocks 297 and 299 to the Municipality of Clarington for park or
other public recreational purposes. The Owner further agrees that the dedication of
parkland for the subject application will be considered together with the parkland
dedication requirement for the application for Draft Plan of Subdivision S-C-2007 -0004.
The Owners of the two Draft Plans of Subdivision shall enter into a private cost sharing
agreement for the total parkland dedication requirements in order to address any over
and/or under dedication related to the individual Draft Plans of Subdivision applications.
30. The Owner shall convey Blocks 298, 300, 301 and 302 for open space purposes.
31. 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
. paved walkways connecting various park features to surrounding streets
. walkway lighting
. tree and shrub planting as appropriate
. park sign
. park entirely sodded
32. 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
855
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.
33. 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.
34. The Owner shall be responsible for 100% of the cost of both the preparation of a location
plan for a pedestrian trail through Blocks 298, 300, 301 and 302 and the
installation/construction of a wood chip trail to the satisfaction of the Director of Engineering
Services.
35. The Owner agrees to dedicate an easement in favour of the Municipality of Clarington to
provide a 4.0 metre wide Landscape Strip along the southern limits of Blocks 294 & 295.
Furthermore, the Owner shall be 100% responsible for the costs of landscaping and
maintaining the 4.0 metre Landscape Strip in keeping with the approved Landscape Plan.
36. 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.
37. 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.
38. 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.
39. 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.
40. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
41. 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.
42. 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.
43. All works shall be constructed in accordance with the Municipality of Clarington standards.
856
44. The Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
45. 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.
46. 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 location shall be
established in conjunction with the Tree Preservation Plan and reviewed with the abutting
landowners. The fencing location and details shall be approved by the Director of
Engineering Services and the Director of Planning Services. The Owner acknowledges
that the fencing location may result in minor adjustments to the rear lot line where the
agreement of the abutting landowner to the east is obtained, should the Tree Preservation
Plan determine that a tree(s) be preserved in the vicinity of the rear lot line.
47. The Owner shall be 100% responsible for the costs of installing fencing in the location
specified in accordance with Municipal specifications, specifications and policies to the
satisfaction of the Director of Engineering Services
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
857
portion of front end charges pursuant to the Development Charges Act if any are required
to be paid by the Owner.
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 archaeo!ogical 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 anyon-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 anyon-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,
858
prepared by Niblett Environmental Associates, dated April 2007 as well as the Tree
Preservation Plan, prepared by Niblett Environmental Associates, dated April 2007.
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 anyon-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.
859
66. .AII 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.
860
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, 14, 18, 52, 55, 63, and 69
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 [c7]six 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.
861
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, UH 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 UN 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 M1P 4W2
vi) The Ministry of Culture, Cultures Program Unit, 400 University Avenue
Toronto, Ontario M7 A 2R9
862
Attachment 4
To Report PSD-048-08
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 3.1 i, iii); 12.1 a); 12.2 a); b); c); d) i, ii), iii); f); h); 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
ii) Exterior
15.0 metres
18.0 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) 1 Storey
a) Dwelling
b) Total of Buildings and Structures
50 percent
55 percent
ii)
All other residential units
a) Dwelling
b) Total of all buildings and structures
40 percent
45 percent
863
e)
Height (maximum)
i) 1 Storey dwelling
ii) All other residential units
8.5 metres
10.5 metres
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.
SECTION 12.4.71 URBAN RESIDENTIAL EXCEPTION (R1-71) ZONE
Notwithstanding Section 3.1 i, iii); 12.1 a); 12.2 a); b); c); d) i, ii), iii); f); h); 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
ii) Exterior
18.0 metres
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) 1 Storey
a) Dwelling
b) Total of Buildings and Structures
50 percent
55 percent
ii)
All other residential units
a) Dwelling
b) Total of Buildings and Structures
40 percent
45 percent
e)
Height (maximum)
i) 1 Storey dwelling
ii) All other residential units
8.5 metres
10.5 metres
f) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall.
864
2. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R2)
lONE" is hereby amended by adding thereto new Special Exceptions as follows:
"SECTION 13.4.53 URBAN RESIDENTIAL EXCEPTION (R2-53) ZONE
Notwithstanding Sections 3.1 i, iii); 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) I nterior Lot
ii) Exterior Lot
10 metres
13.0 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
With private garage or
carport 1.2 m on one side;
0.6 metres on the other side;
Without private garage or carport
3.0 metres on one side,
0.6 metres on the other side
d)
Lot Coverage (maximum)
i) Dwelling
ii) Total of all Buildings and Structures
40 percent
45 percent
e)
Driveway width (maximum)
4.6 metre
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.
ii) The outside width of the garage shall be a maximum of 40% of the
width of the house.
SECTION 13.4.59 URBAN RESIDENTIAL EXCEPTION (R2-59) ZONE
Notwithstanding Sections 3.1 i, iii); 13.2 a); b); c) i), ii), iii); e) and h) and those
lands zoned R2-59 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
ii) Exterior Lot
11 metres
14 metres
865
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 carport;
3.0 metres on one side,
0.6 metres on the other side
d)
Lot Coverage (maximum)
i) Dwelling
ii) Total of all Building and Structures
40 percent
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.
SECTION 13.4.60 URBAN RESIDENTIAL EXCEPTION (R2-60) ZONE
Notwithstanding 3.1 i, iii); 13.2 a); c) i), ii), iii), e); g): and h) those lands zoned
R2-60 on the Schedules to this By-law shall be used subject to the following
regulations:
a)
b)
Lot Area (minimum)
360 square metres
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;
Without private garage or 3.0 metres
on one side 1.2 metres on the other side
c)
Lot Coverage (maximum)
i) 1 Storey
a) Dwelling
b) Total of Buildings and Structures
50 percent
55 percent
ii)
a)
b)
All other residential units
Dwelling
Total of all Building or Structures
40 percent
45 percent
866
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)
Height (maximum)
i) 1 Storey dwelling
ii) All other residential units
8.5 metres
10.5 metres
SECTION 13.4.62 URBAN RESIDENTIAL EXCEPTION (R2-62) ZONE
Notwithstanding Sections 3.1 i, iii); 13.2 a); b); c) i), ii), iii), e); g); and h) those
lands zoned R2-62 on the Schedules to this By-law shall be subject to the
following regulations:
a)
Lot Area (minimum)
405 square metres
b)
Lot Frontage (minimum)
i) Interior Lot
ii) Exterior
13.5 metres
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;
Without private garage or carport
3.0 metres on one side,
1.2 metres on the other
d)
Lot Coverage (maximum)
i) 1 Storey
a) Dwelling
b) Total of Buildings and Structures
50 percent
55 percent
ii)
All other residential units
a) Dwelling
b) Total of all Buildings and Structures
40 percent
45 percent
e)
Height (maximum)
i) 1 Storey dwelling
ii) All other residential units
8.5 metres
10.5 metres
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.
"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); 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:
867
a) For the purposes of this Section, the term:
i) "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.
ii) "Landscaping Strip Easement"
Shall mean an area of land used for anyone or more of the planting of
trees, shrubs, flowers, grass or other horticultural ~~ments, decorative
stonework, paving, screening or other architecturaf elements which such
land is subject to an easement.
b) Street Townhouse dwelling yards shall be permitted as follows:
i)
Lot Area (minimum)
210 square metres
ii)
Lot Frontage (minimum)
a) Interior Lot
b) Exterior Lot
7.0 metres
11.0 metres
iii) Front Yard a minimum width of 4.0 metres and a maximum width of
6.5 metres;
vi) Interior Side Yard 1.2 metre, except (i) where a building has a
common wall with a building on an adjacent lot located in the R3-31
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 4.0 metres and a maximum
width of 6.5 metres;
vi) Setback from the limits of a Landscaping Strip Easement shall be a
minimum of 2.0 metres.
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) For the purposes of this zone, the lot line dividing the lot from
Concession Road 3 shall be deemed the front lot line;
iv) For the purposes of this zone, the lot line dividing the lot from
Middle Road shall be deemed the exterior lot line;
v) Front Yard a minimum width of 4.5 metres and a maximum width of
6.5 metres;
vi) Exterior Side Yard a minimum width of 4.5 metres and a maximum
width of 6.5 metres;
vii) Yard between the rear wall of the dwelling and a lot line other than
a street line (minimum) 7.5 metres
868
viii) Yard between the end wall of the town house block and a lot line
other than a street line (minimum) 1.2 metres
ix) Setback from the limits of a Landscaping Strip Easement shall be a
minimum of 2.0 metres;
x)
Building Height (maximum)
a) Link townhouse dwellings
b) stacked townhouse dwellings
10.5 metres
12.0 metres
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.
d) the following additional regulations for stacked townhouse dwellings 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
e) Apartment building shall be permitted as follows:
i)
Density (maximum)
45 units per ha
ii)
Lot Area (minimum)
1.0 ha
iii) For the purposes of this zone, the lot line dividing the lot from
Concession Road 3 shall be deemed the front lot line;
iv) For the purposes of this zone, the lot line dividing the lot from
Middle Road shall be deemed the exterior lot line;
v) Front Yard a minimum width of 4.5 metres and a maximum width of
7.5 metres;
vi) Exterior Side Yard a minimum width of 4.5 metres and a maximum
width of 7.5 metres;
vii) Interior Side Yard (minimum)
7.5 metres
viii) Rear Yard (minimum)
7.5 metres
ix) Setback from the limits of a Landscaping Strip Easement shall be a
minimum of 3.5 metres and a maximum width of 6.5 metres;
x) 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.
xi) Lot Coverage (maximum)
45 percent
xii) Landscaped Open Space (minimum)
40 percent
xiii) Building Height (maximum)
12 metres
869
xiv) 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)R2-59)
Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-
60) Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-62)
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 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
870
This is Schedule
passed this
II A"
to
of
By-law
2008-
2008 A.D.
,
day
,
Q
<
o
0:::
("
AGRICULTURAL
W
-l
Q
Q
:::E
CONCESSION ROAD 3
c:::J Zoning Change From "A-1" To "EP"
~ Zoning Change From "A-1" To "R1" ~ 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"
~ Zoning Change From "A-1" To "(H)R2-59"
~ Zoning Change From "A-1" To "(H)R2-60"
mm Zoning Change From "A-1" To "(H)R2-62"
',',',',', Zoning Change From "A-1" To "(H)R3-31"
t::::::::::;:::::::::\:1 Zoning Change From "A-1" To "(H)R1-70"
Jim Abernethy, Mayor
Patti L. Barrie. Municipal Clerk
DARLINGTON
871
Attachment 5
To Report PSD-048-08
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 MOligagee 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
872
CJ!![.pn
REPORT
ENGINEERING SERVICES DEPARTME
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 12, 2008
Resolution #:
Report #: EGD-024-08
File #:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR APRIL, 2008.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-024-08 be received for information.
ReViewedbQ ~~
Franklin Wu
Chief Administrative Officer
ASC*RP*bb
May 05,2008
CORPORATION OF THE MUNICIPALITY OF CLARIN(
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623
901
REPORT NO.: EGD-024-08
PAGE 2
1. BACKGROUND
1.1 With respect to the Building Permit Activity for the month of APRIL 2008, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF APRIL
2008 2007
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2008-2007
Residential 70 $11,924,462 96 $16,613,533 -28.2%
Industrial 0 $0 0 $0 N/A
Government 0 $0 0 $0 N/A
Commercial 5 $1,201,451 4 $6,505,355 -81.5%
Institutional 2 $2,700,000 0 $0 N/A
Agricultural 9 $5,260,800 1 $80,000 6,476.0%
Demolition 0 $0 2 $0 N/A
TOTAL 86 $21,086,713 103 $23,198,888 -9.1%
YEAR TO DATE
2008 2007
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2008-2007
Residential 179 $33,695,715 264 $49,252,891 -31.6%
Industrial 0 $0 4 $316,800 N/A
Government 0 $0 0 $0 N/A
Commercial 18 $1,985,951 13 $8,103,055 -75.5%
Institutional 6 $3,095,000 0 $0 N/A
Agricultural 11 $5,479,240 2 $90,000 5,988.0%
Demolition 7 $0 8 $0 N/A
TOTAL 221 $44,255,906 291 $57,762,746 -23.4%
902
REPORT NO.: EGD-024-08
PAGE 3
1.2 With respect to building permit activities (over $250,000) and large residential building permit
activities, the details are provided as follows:
Owner I Applicant Construction Type Location Value
1725596 ONTARIO LIMITED Agricultural Storage & 201 REGIONAL RD 42, CLARKE $5,000,000
Packing Facility-
KAWARTHA PINE RIDGE Air Handling Unit 1,717 NASH ROAD, COURTICE $700,000
DISTRICT SCHOOL BOARD Replacement
KAWARTHA PINE RIDGE Alterations to Bowmanville 49 LIBERTY NORTH STREET, $2,000,000
DISTRICT SCHOOL BOARD High School BOWMANVILLE
TRECOR INC. Restaurant - Boston Pizza 2,372 HIGHWAY 2, BOWMANVILLE $968,480
903
REPORT NO.: EGD-024-08
PAGE 4
The following is a comparison of the types of dwelling units issued for the month of "APRIL"
and "YEAR TO DATE".
Dwelling Unit Type "APRIL" 2008
o
Townhouse
0%
2
Semi-
Detached
5%
II Single Detached 42
. Semi-Detached 2
o Townhouse 0
o Apartment 0
o
Apartment
0%
Dwelling Unit Type "YEAR TO DATE 2008"
1
Apartment
1%
108
Single
Detached
82%
42
Single
I)etached
95%
II Single Detached 108
. Semi-Detached 22
o Townhouse 0
o Apartment 1
The following is a historical comparison of the building permits issued for the month of
"APRIL" and "YEAR TO DATE" for a three year period.
Historical Data for Month of "APRIL"
Historical Data "YEAR TO DATE"
$70,000,000
$25,000,000 $60,000,000
$20,000,000 $50,000,000
$15,000,000 $40,000,000
$30,000,000
$10,000,000
$20,000,000
$5,000,000 $10,000,000
$0 $0
II Value II Value
904
REPORT NO.: EGD-024-08
PAGE 5
PERMIT REVENUES
2008 2007
April Year to Date April Year to Date
I PERMIT FEES $ 129,999 $ 299,105 $ 239,667 $ 498.739
INSPECTION SERVICES
2008 2007
April Year to Date April Year to Date
Building Inspections 230 1,368 473 1,859
Plumbing & Heating Inspections 263 1,697 370 1,576
Pool Enclosure Inspections 0 0 0 0
TOTAL 493 3,065 843 3,435
NUMBER OF NEW RESIDENTIAL UNITS
2008 2007
April Year to Date April Year to Date
Single Detached 42 108 52 139
Semi-Detached 2 22 14 54
Townhouse 0 0 0 12
Apartments 0 1 0 0
TOTAL 44 131 66 205
905
~EPORT NO.: EGD-024-08
PAGE 6
RESIDENTIAL UNITS HISTORICAL COMPARISON
YEAR: 2008
(to end of 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998
AREA April)
Bowmanville 67 451 608 307 587 468 345 312 188 184 313
Courtice 38 82 126 241 173 180 133 129 231 296 254
Newcastle 4 77 84 202 191 123 131 76 110 78 4
Wilmot Creek 9 16 15 15 25 29 38 24 19 21 33
Orono 2 1 1 1 2 0 1 0 0 1 0
Darlington 0 6 7 14 15 13 17 47 102 31 14
Clarke 1 11 12 13 10 16 15 9 17 17 12
Burketon 0 0 0 1 1 1 1 0 1 0 1
Enfield 0 0 0 0 0 0 0 0 0 0 0
Enniskillen 0 0 1 1 1 0 2 5 7 6 3
Hampton 0 1 1 0 0 3 3 1 1 2 1
Haydon 0 0 0 0 0 0 0 0 0 1 1
Kendal 0 1 0 0 1 0 3 2 0 1 0
Kirby 0 0 0 0 0 0 0 0 0 0 0
Leskard 0 0 0 0 0 0 1 0 0 1 0
Maple Grove 0 0 0 0 0 1 0 0 0 0 0
Mitchell Corners 0 1 0 0 1 0 0 0 0 0 0
Newtonville 5 2 2 4 5 3 3 0 3 1 0
Solina 0 6 3 3 3 3 1 1 0 0 0
Tyrone 5 0 0 0 0 3 9 3 0 0 0
TOTALS 131 655 860 802 1,015 843 701 609 679 640 636
906
Q!I!ilJgton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
May 12,2008
Resolution #:
Report #: EGD-025-08
File #:
By-law #:
Subject:
SIGNALIZATION OF MILL STREET AND EDWARD STREET
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-025-08 be received;
2. THAT all interested parties be informed of this report.
Respectfully by,
~
Submitted by: A.S. Cannella
Director of Engineering Services
c)~~
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/jb/dv
May 6, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
907
Report #EGD-025-08
Page 2
1.0 BACKGROUND
1.1 The reconstruction of Mill Street from approximately Robert Street northerly to
King Avenue in Newcastle is proposed in 2008 and with construction imminent
we have been asked to consider several requests calling for traffic signals to be
installed at the intersection of Mill Street and Edward Street in Newcastle, to
occur in conjunction with the reconstruction works.
When reviewing a request for traffic signals, in consideration of warrant
criteria, the advantages and disadvantages of the traffic signals and the
associated costs must be carefully considered.
Traffic signals offer the most concise control for establishing right-of-way at an
intersection. They relay a clear message of what a driver, bicyclist, or pedestrian
can and cannot do as they approach the intersection. The primary function of a
traffic signal is to assign right-of-way to conflicting traffic at an intersection.
When effectively timed, a traffic signal increases the traffic handling capacity of
an intersection and improves the safety and efficiency of pedestrian, bicycle, and
vehicle traffic. Signals also reduce certain types of accidents, especially right-
angle collisions.
When traffic signals are installed that do not satisfy warrant criteria, they may
actually reduce the overall safety at an intersection. While many realize that
traffic signals reduce more severe right-angle collisions by effectively assigning
right-of-way, many do not realize that less severe rear-end accidents typically
tend to increase. Unwarranted traffic signals may also cause excessive delays,
disregard of the signal, and diversion of traffic to other streets without signals.
Since this intersection is under the jurisdiction of the Region of Durham, the
requests were originally directed to the Region of Durham for review against
their warrant criteria. The Region reviewed the intersection data and
responded by confirming that the warrants for traffic signals at this location have
not yet been met. If warrants had been met the Region would have assumed the
908
Report #EGD-025-08
Page 3
cost of installation of these signals, under current conditions the Region has
denied the request.
A meeting was subsequently held between the Regional representative, the
Municipality and interested residents to discuss any potential options that might
be available to allow for the installation of signals at Mill Street and Edward
Street. The Region suggested that their Regional Policy for the installation of
non-warranted traffic control devices could be considered. This policy provides
for cost sharing at the rate of 50% between the Region and the Municipality for
the installation of "unwarranted" traffic signals. In addition the policy requires that
the Municipality assume the annual maintenance and operation costs of until
such time that the minimum warrant criteria for traffic control signals are satisfied.
2.0 APPROACH
2.1 Several residents have requested that signals be installed as part of the 2008
reconstruction of Mill Street and while the Region has denied the request the
Municipality may see value in having these signals installed in conjunction with
the major Regional road reconstruction project taking place this year.
If Council chooses to address resident concerns by having traffic signals installed
at this intersection before the required Regional warrants are met then a
resolution must be passed by Council in accordance with the Region's
"Consolidated Policy on the Installation and Funding of Traffic Control Signals -
2007, to allow us to enter into a cost sharing agreement with the Region".
In accordance with this policy the Municipality of Clarington would be required to
pay 50% of the installation costs, with our share being $72,027. In addition we
will be required to assume the annual maintenance and operation costs of
approximately $5,000 per year until such time that the minimum warrant criteria
for traffic control signals are satisfied.
909
Report #EGD-025-08
Page 4
This cost estimate includes the Fire Department's request for Opticom
equipment. The Opticom System allows authorized emergency vehicles when
approaching traffic signals to preempt the traffic signal for momentary right-of-
way. One of the major benefits of this system is the ability to safely control traffic
for emergency vehicles responding to life-threatening situations where every
second counts.
3.0 DISCUSSION
3.1 If the decision is made to address resident concerns in conjunction with the
Regional works that are scheduled to occur in 2008 then the Municipality will
need to take steps to have these works included in the tender that is about to go
out.
If Council agrees a resolution may be passed to allow the Municipality to enter
into an agreement with the Region to cost share on the installation of the signals
in the amount of $72,027.00 and a purchase order may be issued. In addition
the Municipality would need to agree to cover the annual maintenance costs of
approximately $5,000.00 per year until such time as the applicable warrants are
met.
A review of the warrants will be requested on a regular basis and once they are
met we will formally request that the annual maintenance costs be transferred to
the Region.
Attachments:
Attachment 1 - Project Location
Attachment 2 - Consolidated Policy on the Installation and Funding of Traffic Control
Signals - 2007
List of Interested Parties with the Engineering Department
910
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DRAWN BY:
I DATE: MAY 06, 2008
REPORT EGD-025-08
ATTACHMENT NO.1
n ~ ~
ATTACHMENT NO.:2
REPORT NO.: EGD-025-08
CONSOLIDATED POLICY ON THE INSTALLATION AND FUNDING OF
TRAFFIC CONTROL SIGNALS - 2007
This policy in the form hereto is to consolidate and supercede the existing policy on the
Installation of Non-Warranted Traffic Control Signals and Funding Agreements between
the Region. local municipalities and private developers.
1.0 Policy for Funding of Warranted Traffic Control Signals
. Funds allocated within the Traffic Signal Installation Program are determined
by the relative need for the signal and associated improvements in
accordance to the Uniform Policy on Traffic Control Devices.
. New and rebuilt traffic control signals and related improvements are funded
. '.~ , from a combination of general tax levy revenue and Regional Roads
Development Charges, where the Development Charges are applied towards
the residential growth related costs.
. The associated costs of maintenance and modernization are funded from
" .' ,general tax levy revenue.
.l:'.,r"':
2.D "Policy for Illstatlatiori and Funding of Non-Warranted Traffic Control
~ignals ;
· Requests and funding from area municipalities and private non-residential
. developers for the installation Of traffic control s1gnals' On tHiblic roads Or
private entranceflintersecting the Regional Road allowance, Which do not
maet the Provincial warrant guidelines, are dealt with and negotiated on a site
specific basis in accordance with the Uniform Policy on Traffic Control
.. Devices, and the guidelines outlined in Section 2.1 and 2.2 of this policy. .
2.1 Installation CrIteria
· The Works Department will recover cacital and annual operatina costs when
funding or contributions towards funding for theihstallation of a traffic control
signal on a public rOad intersectina the Reaional Road allowance is provided
by others. and when one or more of the following criteria are met:
r:
1.
The location has been identified as one where the Provincial
warrant for traffic control signals will ultimately be satisfied;
Where engineering studies indicate that the location is compatible
orwould be beneficial with respect to safety, existing and future
signal operation, progressive traffic f1owandroadway capacity;
The location is safety deficient and no reasonable alternative
2.
3.
912
solution exists; or
4. The location warrants altemative traffic control devices but they are
not deemed practical or safe due to operating speeds and/or
roadway geometry.
2.2 Cost Recovery
· The Region will install and maintain a traffic control signal at a commercial
entrance or public road intersecting a regional road on behalf of a private
enterprise subject to a signed agreement with the property owner. The owner
shall accept responsibility for the capital cost of installation, annual
maintenance and operation costs of the traffic control device in accordance
with Section 2.3, including the necessary lighting system and road
improvements. An upfront payment of $10,000 is required to cover the cost of
engineering services and where time constraints warrant that detail signal
design occur in advance of the signed agreement' Intersection ge'ometric
drawings must accompany the upfront payment before signal design can
proceed.
· Subject to 50% capital funding contribution from an area municipality, the
Region will install and maintain a traffic control signal so requested by the
municipality on a public road Intersecting a regional road in accordance with
the installation criteria outlined in Section 2.1. The municipality shall accept
responsibility for the.maintenance and operation' costs of the traffic control.'
device until suchtimethat the minimum-warrant criteria for the traffic control
signal is satisfied.
2.3 Typical Costs
· The calculation of the amount of securities for anew traffic control signal is .
based on present value analysis using a real rate of interest return of 5% and
an inflation value of 0%. Securities totaling $255,000 (2007 values) are .
placed in the Signal Installation Program to offset capital cost ($145,000) and
annual maintenance, operation and modernization cost ($110,000) for a
period of twenty-five years for a typical traffic control signal.
· The capital cost consists of a design component ($10,000), underground
($35,000) and above ground ($100,000) works. The;costs to install
underground and above ground works vary on a site spepific basis.
· For municipalities, only the capital costs are required at the time of
installation. The annual maintenance/operating/modernization costs will be
invoiced annually. The above capital and annual maintenance values reflect
2007 costs and will be reviewed on an annual basis.
913
.
2.4 Timing of Installation
· The scheduling for the installation of the traffic control signal in which the
security was placed will be subject to the discretion of the Region and based
on anyone of the following:
1. Fulfillment of the Provincial traffic signal warrant criterion; or
2. Necessitation of remedial improvements based on traffic
conditions.
· The estimated time to design and construct new traffic signals is a minimum
of six months from the date of receipt of usable geometric design drawings of
the intersection.
914
ClJJ!ington
REPORT
OPERATIONS DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
MAY 12, 2008
Date:
Report #: OPD-00S-08
File #:
By-Law #:
Subject:
BOWMANVILLE CENOTAPH
Recommendations:
It is respectfully recommended to General Purpose and Administration Committee
the following:
1. THAT Report GPO-005-08 be received;
2. THAT the recommendations contained in this report be approved;
3. THAT a road occupancy permit be approved for the closure of Temperance
Street on May 29, 2008 from 6:00 pm to 8:00 pm; and
4. THAT Royal Canadian Legion Branch 178 Bowmanville, be advised of
Council's direction.
Submitted by:
0'
, .- ()
,.. _- ~"--"'1'- .
Reviewed by: ... A.ttA.~ ~
Franklin Wu,
Chief Administrative Officer
FH\wc
1001
REPORT NO. OPD-005-08
PAGE 2
1.0 BACKGROUND AND COMMENT:
1.1 Staff, in Report OPD-002-08 (Attachment 1), recommended that the word
"Peacekeepers" be inscribed along the west face of the monument and
that the name of Trooper D. Caswell be inserted underneath this heading.
Council, at their meeting, referred the issue of the inscription back to the
Legion in order to clarify the actual role of the Canadian Armed Forces in
Afghanistan.
1.2 Staff has met with Branch 178 Legion President Steve Oke and Third Vice
President John Johnson to review the wording and submit
recommendations back to Council. As a result, it is recommended that
Afghanistan is the most appropriate inscription since this incorporates the
mandate and overall sense of the operations.
1.3 The following is recommended for inscription:
West Face
Addition of Afghanistan
Under this heading the name D. Caswell be inserted.
North Face
Addition of Afghanistan
The years of this war will be added at a later date.
As previously mentioned in Report OPD-002-08, the dedication will take
place Thursday, May 29,2008 starting at 6:00 pm. The Legion is
requesting a street closing on Temperance Street from 6:00 pm to 8:00
pm.
1002
REPORT NO. OPD-005-08
PAGE 3
2.0 NAMES OF FALLEN SOLDIERS NOT RECOGNIZED ON ANY PUBLIC
CENOTAPH
2.1 It has come to our attention that there are several Clarington residents
who gave their lives for freedom and are not recognized on any cenotaph
in the Municipality. The following have not been recognized:
World War I
Bowmanville -
Abernethy, A.
Davies, R.
Nicholson, W.
Sanders, L.
Enniskillen -
Adams, R.
Ferguson, C.
Ormiston, H.
Sharp, J.
Wotton, C.
Haydon -
Wright, A.
Solina -
Dewall, M.
Knight, G.
World War II
Enniskillen -
Bradley, E.
Virtue, R.
Wearn, A.
Oke, C.
Burketon -
Breck, D.
Carter, R.
Mahaffey, H.
Johnson, A.
Solina -
Murray, D.
Hampton -
Stainton, A.
Mills, J.
Hogarth, J.
Winters, G.
Robinson, A.
1003
REPORT NO. OPD-005-08
PAGE 4
2.2 Staff will consider possible locations for these names to be recognized in
consultation with the Bowmanville Legion and report back to Council
Attachment:
Attachment #1 - OPD-002-08 Bowmanville Cenotaph
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 263-2292 F (905) 263-4433
1004
Cl!1!-!lJgton
ATTACHMENT NO.: 1
REPORT NO.: OPD-OOS-OS
REPORT
OPERATIONS DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
FEBRUARY 25, 200S
Report #: OPD-002-0S
File#:
By-Law #:
Subject:
BOWMANVILLE CENOTAPH
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report OPD-002-08 be received; and
2. THAT Staff be authorized to inscribe the word "Peacekeepers" along the west
face of the monument; and
3. THAT Royal Canadian Legion Branch 178 Bowmanville, be advised of
Council's decision.
Submitted by:
Reviewed by:
Fred Horvath
B.A., RD.M.R, RRF.A.
Director of Operations
Franklin Wu,
Chief Administrative Officer
FH\wc
1005
REPORT NO. OPD-002-08
PAGE 2
1.0 BACKGROUND AND COMMENT:
Council forwarded the letter (Attachment #1) from John Johnson, Poppy
Chairman of the Royal Canadian Legion Branch 178 to the Operations
Department regarding the addition of the word "peacekeepers" to the
Bowmanville Cenotaph. Staff has met with President Steve Oke of
Branch 178 Bowmanville and Mr. Johnson to review the request and to
make appropriate recommendations to Council.
The existing cenotaph can accommodate the word "peacekeepers" and it
is suggested that it be inscribed on the front face of the monument. At the
same time, it is recommended that the names along the west face of the
monument be cleaned up. The cost of doing this is minimal.
International Dav of United Peacekeepers
May 29,2008 will mark the International Day of United Nation
Peacekeepers, commemorated annually to honour those whose service in
UN peacekeeping operations, helps to prevent conflicts from breaking out,
end wars, alleviate humanitarian crises and restore stability and security in
regions emerging from conflicts around the globe.
It is important to note that over 100,000 UN military, police and civilian
peacekeepers are serving 15 peacekeeper operations ranging from Haiti
and Timor to the Middle East and Africa.
As Trooper Daryl Caswell was on a peacekeeping mission with the Royal
Canadian Dragoons when he was tragically killed, it is recommended that
his name be inserted underneath the "Peacekeepers" Heading.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433
1006
REPORT NO. OPD-002-08
PAGE 3
If Council is in agreement with the recommendations contained in this
report, the Royal Canadian Legion Branch 178 Bowmanville will
coordinate a dedication on May 29, 2008.
Attachment:
Attachment #1 - Letter from John Johnson, Poppy Chairman - August 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L1C 3A6 T (905) 263-2292 F (905) 263-4433
1007
Cl!!!'.mgton
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
May 12, 2008
Resolution #:
Report #: CSD-010-08
File #:
By-law #:
Subject:
COMMUNITY DEVELOPMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-010-08 be received for information.
Submitted bY=.J.J.~W'-~ Reviewed by: ap-~
/tv :.Joseph P. Caruana . U Franklin Wu
Director of Community Services / U ~ Chief Administrative Officer
J PC/SM/wg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1201
REPORT NO.: CSD-010-08
PAGE 2
1.0 BACKGROUND
1.1 Clarington is a vibrant community with numerous community organizations who
provide programs and services which contribute positively to the quality of life in
our community. Many of these programs and services provide opportunities for
healthy, active lifestyles, aid in the development of self confidence, leadership
skills and provide a social network for residents.
1.2 The Municipality acknowledged the contributions of the volunteer sector in the
2007 - 2010 Corporate Strategic Business Plan and committed to providing
support and training to our volunteer organizations.
2.0 COMMENTS
2.1 The Community Services Department is in the process of developing a
Community Development strategy which will be the first step in an ongoing
program of support for our community recreation and leisure partners.
2.2 Community Development is an ongoing process working with community
organizations and volunteers to assist with organizational growth and
development which will enable them to identify and respond to current and future
community recreation and leisure needs and interests. Community Development
requires developing a rapport and credibility within the community through an
ongoing relationship.
2.3 The initial steps of a community development process include developing an
inventory of organizations, the programs and services they deliver and identifying
any areas in which staff could assist them in their role. Staff has developed a
Community Inventory Questionnaire (Attachment #1) which will be helpful in
creating this data base of programs and services available within Clarington. The
information gathered will also be used to develop and prioritize the resources
required to assist organizations in the provision of these services.
2.4 A list of community organizations who focus on the provision of recreation and
leisure programs, including Hall Boards, has been compiled and an information
letter has been sent to each organization introducing this Community
Development initiative. Individual interviews will be conducted with the
organizations throughout the spring and summer of 2008 to review the
questionnaire, to develop an initial rapport and to gain a more thorough
understanding of the organization, its goals, opportunities and constraints.
1202
REPORT NO.: CSD-010-08
PAGE 3
2.5 The Community Development initiative will be an ongoing process geared
towards enhancing our relationship with community partners and providing
support and assistance where possible. Workshops and training opportunities
will be facilitated where required to assist the organizations in their provision of
community programs and services and to help make their volunteer experience
more fulfilling and rewarding.
2.6 Staff will report to Council on an ongoing basis the outcomes of Community
Development activities and initiatives.
Attachment #1- Community Inventory Questionnaire
1203
Attachment #1 to Report #C5D-010-08
Clarington Community Services
Community Inventory
Name of Association:
Mailing Address of Organization:
Web site:
Contact Person:
Phone #'s: (home):
(work):
Email:
Executive List:
(please attach)
yes 0 no 0
Number of Volunteers:
Volunteer Positions:
Does your organization have any paid staff!
Full time
Part time
Contract
yes 0
no 0
Total number of members/participants:
Total number of Clarington resident members/participants:
Does your organization have membership lists?:
yes 0
no 0
Does your organization have liability insurance?:
yes 0
no 0
1
1204
Attachment #1 to Report #C5D-010-08
Is your organization incorporated Not for Profit?
Federal?
Provincial?
yes 0
yes 0
no 0
no 0
Date of Incorporation: _/-----1_
Year/Month/Day
Incorporation number:
Is your organization a Registered Charity:
yes 0
no 0
Date of Charity Registration: -----1_/_
Year/Month/Day
Charity Number:
Does your organization have a:
Constitution:
yes 0
no 0
Mission Statement/Statement of Purpose:
yes 0
no 0
Date of last Annual General Meeting: _/_/
Year/Month/Dates
Are minutes available?:
yes 0
no 0
Date of next Annual General Meeting: _/_/
Year/Month/Day
Location of next Annual Meeting:
What programs/services do you provide to residents of Clarington:
2
1205
Attachment #1 to Report #C5D-010-08
What space are you presently using to provide your services?:
(please be specific with names)
-Community Hall 0
-Recreation Facility 0
-Sports Fields 0
-Church 0
-School 0
-Other 0
What are the issues/concerns/impediments to providing these programs/services?:
-Volunteers 0
-Finances 0
-Facilities 0
-Meeting space 0
-Equipment 0
-Sponsors 0
-Training 0
- Insurance 0
-Other:
How can we assist you in providing your services?
3
1206
Attachment #1 to Report #C50-010-08
Are there learning/training opportunities that would assist your organization in
providing programs/services:
-V olunteer Recruitment/Retention/Recognition 0
- Volunteer Screening 0
-Effective Meetings 0
-Fundraising 0
- Marketing 0
- Time Management 0
-Web Development 0
- Sponsorships Programs 0
-Clinics
First aid
Coaching
Trainers
Referees
Other
o
o
o
o
o
o
-Other Training Opportunities:
Please attach a copy of the following:
o Executive list
o Constitution
oMission Statement/ Statement of Purpose
4
1207
Clw:.mgtDn
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
May 12, 2008
Resolution #:
Report #: CSD-011-08
File #:
~y-Iaw #:
Subject:
TOTAL HOCKEY DISSOLUTION COSTS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-011-08 be received; and
2. THAT the funds required in the amount of $27,000.00 for the dissolution
of Total Hockey be drawn from the Hockey Museum Reserve Account
#100-00-000-00000-2925.
7
Submitted by: ~ '-j!;/U?/~ReViewed ~~~
,{VJoseph P. Caruana Franklin Wu
Director of Community Services Chief Administrative Officer
JPC/SM/wg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1208
REPORT NO.: CSD-011-08
PAGE 2
1.0 BACKGROUND
1.1 During the 2008 budget deliberations, Council directed staff to close the Total
Hockey operation as of March 1,2008. Subsequently, at the March 31st General
Purpose and Administration Committee, Council received Report CSD-007-08 on
the floor space of Total Hockey and directed staff to issue a Request for Proposal
for future use of the space.
1.2 As indicated Report CSD-007 -08, staff was in the process of obtaining costs
associated with dismantling the space and preparing the space for a new tenant.
1.3 A Request for Proposal (RFP) for the Total Hockey space was issued on
April 15, 2008. The RFP indicated to proponents that the space would be
available for occupancy on or about July 1, 2008. In order to meet this timeline,
the renovations to the space need to occur during the month of June and
therefore approval for the funding of the renovations is required in advance of
June 1st.
2.0 COMMENTS
2.1 In addition to construction costs to renovate the space, there are other costs
related to the dissolution of Total Hockey. The chart below is a summary of
anticipated costs:
$2,500
$500
$16,000
$5,000
$800
$2,200
$27,000
2.2 At this time staff is uncertain whether it will be necessary to store the collection
at an off-site location. The budget above does include four months of off site
storage; however, it would be staff's preference, if adequate space can be
secured, to store all items on Municipal property thus reducing the funds
required. The budget above is a reasonable estimate of known costs.
Wherever possible, staff will restrict costs on this project.
1209
REPORT NO.: CSD-011-08
PAGE 3
2.3 Staff has sought out and is in the process of obtaining written quotations from
several qualified candidates to appraise the collection. An appraisal is required
to determine the current market value and would be used as a tool to evaluate
potential proposals. In order to expedite this process staff will commission the
appraisal work to be undertaken in early May.
2.4 Other anticipated costs that are unknown at this time relate to the dispersal of the
collection. While it is reasonable to assume an interested party may purchase
the collection in its entirety, it is also possible that other options may need to be
considered and these options may involve costs for services.
2.5 Staff will bring a Report forward at the June 2, 2008 General Purpose and
Administration Committee meeting dealing with the dissolution of Total Hockey
and all associated matters.
1210
Cl~mgron
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
General Purpose and Administration Committee
May 12, 2008
Report #: COD-27 -08
Date:
Resolution #:
File #:
By-law #:
Subject:
Municipal Business Continuity Plan In the Event of a Pandemic or Similar
Emergency.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-27-08 be received for information;
2. THAT Council endorse the Municipal Business Continuity Plan;
3. THAT this report be annexed to the Clarington Emergency Plans; and,
4. THAT a copy of this report be provided to the Joint Health & Safety Committee
and posted on the Health & Safety Board as well as the Intranet Health & Safety
site for the purposes of communication with staff.
Submitted by:
~
Ie Marano, H.B.Sc., C.M.O.
Dire;tO~ co~orati :iC~S
,/ ,jt-- U
"Gordon Weir, AMCT, CMMIII
Director of Emergency & Fire Services
\
Reviewed bYU ~-!:- ~'k
Franklin Wu
Chief Administrative Officer
MM/GW IBT ISC/gj
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, SOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1401
REPORT NO.: COD-27-08
PAGE 2
1.0 BACKGROUND
1.1 The Municipality has prepared a Business Continuity Plan for the continuation of
municipal operations in the event of a nation-wide pandemic or similar
emergency. The plan is being developed to guide municipal departments in
combination with the Clarington Emergency Plan to facilitate and maintain
required essential services and functions should a pandemic or similar
emergency occur.
1.2 By being as prepared as possible, the Municipality, in conjunction with Region of
Durham Health Department and Durham Emergency Management Office
(DEMO), may reduce the likelihood of widespread infection and the
consequences of pandemic illness among Clarington's residents and municipal
staff. The plan will be aligned with the Region of Durham, Ontario Health Plan
for an Influenza Pandemic (OHPIP) and the Canadian Pandemic Influenza Plan
(CPIP) with flu surveillance information as provided by the World Health
Organization.
1.3 Influenza is a contagious respiratory illness caused by a virus. Influenza is
directly transmitted from person to person primarily when people infected with flu
cough or sneeze and droplets of their respiratory secretions come into contact
with mucous membranes of the mouth, nose and eyes of another person (droplet
spread). Influenza can also be transmitted indirectly when people touch
contaminated hands, surfaces and objects (contact spread.)
1.4 Influenza viruses are unique in their ability to cause sudden, pervasive illness in
all age groups on a global scale. An outbreak on a world-wide scale of a new
strain of influenza that is capable of causing serious illness is called a pandemic.
For example, The Region's Pandemic Influenza Plan 1 estimates an attack rate of
35% which is expected to reduce staffing due to illness and other reasons by an
estimated 35% of the municipal workforce.
1.5 The timing and pattern of the next influenza pandemic is unpredictable but a
short lead time is likely. Outbreaks will occur simultaneously and a significant
number of Canadians could become clinically ill. The Ontario Health Plan for an
Influenza Pandemic predicts 2% mortality among Canadians.
1.6 The purpose of the Business Continuity Plan is to develop a guideline to maintain
the essential municipal services and supplies necessary to maintain the required
core services. The health care of Clarington residents will remain the
responsibility of the Region of Durham, assisted by the Municipality as required.
1.7 As with most plans, continuous review and updates will be required as additional
information becomes available. The Municipality will continue to monitor these
1 Regions of Durham Pandemic Influenza Plan estimates 4.5 to 10.6 Million Canadians could become
clinically ill and between 11,00058,00 could die.
1402
REPORT NO.: COD-27-08
PAGE 3
and other plans to ensure continuity and responsible service for the residents,
businesses and staff of the Municipality.
2.0 BUSINESS CONTINUITY
2.1 Similar to SARS and the 2003 Power Outage, residents will still have an
expectation of service continuance. In the event the World Health Organization
or the Governments of Canada or Ontario declare a Pandemic Period Phase 6 in
North America it is likely DEMO will initiate an Emergency Response through the
local Municipal Emergency Operations Center (MEOC).
2.2 Final decisions on what services will be maintained and how they are staffed may
be made at the time of the emergency by the MEOC based on priority; and, staff
resources and supplies. All Department Heads have reviewed their staffing
requirements based on maintaining the following levels of service
Priority 1 - those services that must be maintained
Priority 2 - those services that may be curtailed for a short duration-a few weeks
Priority 3 - those services that may be curtailed for a longer period of time
2.3 Priority service levels will increase as the emergency advances and will be
monitored by the Department Heads as the conditions change. Priority staffing
allocations and resources will be implemented based on the pandemic phase.
As in the case of a pandemic, the phase will be determined by the World Health
Organization. Health Canada and the Province of Ontario will respond to that
phase as per their respective Pandemic Plans.
3.0 DECLARATION OF AN EMERGENCY
3.1 In the event of a Pandemic Phase 6 declaration, social distancing may require
the closure of public facilities and minimized public contact to avoid the
contagious spread of the influenza.
3.2 It should be noted each department also will assess their operational
requirements including staffing as well as sufficient supply of materials and
equipment based on each of the seasons in which the pandemic arrives.
3.3 In the event of a severe staffing shortage in excess of 35%, shared resources
among area municipalities may be required.
3.4 Emergency and Fire Services, in conjunction with other Emergency Service
responders, may review the priority of responses required during the pandemic -
i.e. - only attend to fires and motor vehicle extrication calls; avoid medical
responses when ambulance services have already been dispatched.
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REPORT NO.: COD-27 -08
PAGE 4
3.5 The Regional Health Plan indicates public facilities may be used for inoculation
centers in which case, staff priorities may change to accommodate the
maintenance and operation of these facilities for the Region's purposes.
3.7 Depending on the mortality rate, the Region may require the use of municipal
arenas for morgue operations or other health uses which will also change
operational priorities.
4.0 FINANCIAL IMPLICATIONS
4.1 The cost effect of an emergency similar to a Phase 6 pandemic cannot be
estimated at this time. Mitigating factors include communications links and
supply chain issues (maintaining sufficient supplies of inventory and stock items;
possibly 3 - 4 month supply of certain supplies in the event of a pandemic)
assuming suppliers will also be experiencing a staffing shortage.
4.2 In the event of a significant staff shortage, overtime may be required to ensure
continuation of municipal services, particularly in Emergency and Fire Services
as well as Operations and Community Services Departments.
4.3 It is for these reasons that a modest Health & Safety Reserve will be
recommended to be established in the 2009 budget to reduce the budget impact
in the event of a prolonged Pandemic period and the associated costs for related
emergencies with an annual amount to be transferred to the reserve for
unanticipated costs. The appropriate amount will be determined through the
preparation of the 2009 budget.
5.0 PREPARATION MEASURES
5.1 Measures the Municipality may undertake in advance of a pandemic include:
. Develop computer dedicated telephone links to employee residences for
those employees who can for the most part, work from home with minimal
impact to the municipal services.
. Establish public information telephone numbers with recorded up-to-the-
minute messages regarding available municipal services.
. Establish staff information telephone numbers to keep staff informed on
latest information and departmental operational status.
. Public education programs for electronic payment of tax invoices and
accounts receivable.
. Establishment of payment kiosks in certain public areas such as malls for
the electronic payment of tax bills.
1404
REPORT NO.: COD-27-08
PAGE 5
6.0 COMMENTS
6.1 Communications to the residents will be of prime importance during a declared
emergency. The current Emergency Plan addresses all communications
protocol.
6.2 The Business Continuity Plan will be annexed to the Clarington Emergency Plan
as part of the Municipality's overall response to emergency situations and
controlled responses.
1405
Municipality of Clarington
Business Continuity
Plan in the Event of a
Pandemic or Similar
Emergency
Q!lf!J1glOn
Municipality of Clarington - Business Continuity Plan
Printed: May 5, 2008 Revision 4.1 Page 1 of 14
~ A 1'\'"
Introduction
The Municipality of Clarington has prepared this Business Continuity Plan
designed to assist Council and the Municipal Emergency Operations Center to
maintain expected services for the residents as well as the employees,
volunteers and suppliers who are served by local government.
In the event of a pandemic or similar emergency, the Province of Ontario,
through the Region of Durham will direct emergency actions to be taken by
municipal governments. This plan has been prepared to supplement the
Provincial and Regional Plans as it applies to the residents and staff of the
Municipality of Clarington.
This Business Continuity Plan has been submitted for review and endorsement
by the Council of the Municipality of Clarington. As in all emergency planning,
the Municipality's Municipal Emergency Operations Center, consisting of Council,
CAO and Department Heads, supported by staff will make the necessary
decisions based on the pandemic phase and information available at the time as
conditions change. This Business Continuity Plan will act as a guide to the
Municipal Emergency Operations Center to assist with the necessary decision
making.
For more information regarding this plan, please contact
The Municipality of Clarington
Corporate Services Department
40 Temperance Street
Bowmanville, ON
L 1 C 3A6
Phone:
Fax:
Email:
905 623 3379
905 623 0608
corporateservices@clarinqton.net
In the event of a pandemic; or any other emergency, regular information updates
will be available at www.clarinqton.net
Additional updated information for pandemic and emergency planning for
residents and business owners is available on the internet. A directory of
available sites at the time of printing is provided as an appendix to this plan.
Municipality of Clarington - Business Continuity Plan
Printed: May 5, 2008 Revision 4.1
Page 2 of 14
1407
BACKGROUND
Health organizations are predicting a Pandemic will occur in the future.
Pandemics are caused by influenza viruses which are unique in the ability to
cause sudden, pervasive illness in all age groups on a global scale.
Influenza is a contagious respiratory illness caused by a virus. Influenza is
directly transmitted from person-to-person primarily when people infected with flu
cough or sneeze and droplets of their respiratory secretions come into contact
with another person.
There have been three pandemics in the last century, with the worst being the
1918-1919 Spanish flu that caused over 10 million deaths worldwide. Health
officials do not know when the next influenza pandemic will occur, but they are
certain it will happen.
The timing and pattern of the next influenza pandemic is unpredictable, but with
global travel, a short lead time is likely. The Region of Durham Pandemic Plan
advises outbreaks will occur simultaneously and 4.5 to 10.6 million Canadians
could become ill with the disease. Estimates of deaths range from 11,000 to
58,000. The economic impact (direct and indirect) on the health care system is
estimated to be between 10 and 24 billion dollars 1
"High Risk" residents are redefined for this estimation as approximately 15% of
the total population:
(a) During a pandemic, groups that are not traditionally at risk of developing
complications from annual influenza may be considered at high risk of
complications. For example, during the 1918 pandemic, healthy people aged 20-
45 years were particularly susceptible to the virus.
(b) Some groups may always be considered at high risk due to their underlying
medical conditions.
(c) At the time of a pandemic, early epidemiologic data may give clues as to who
is at highest risk of complications from the pandemic strain.
1 Source: The Canadian Pandemic Influenza Plan, February 2004, using the COC FLUAIO 2.0
tool on the 2004 population estimates by Public Health Unit based on 2001 census.
Municipality of Clarington - Business Continuity Plan
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Page 3 of 14
1408
PANDEMIC PHASES
There are six recognized Pandemic Phases. This report is prepared to address
Pandemic Phase 6 in which flu symptoms are increasing and there is sustained
transmission in the general population in North America.
As of 2005, World Health Organization has classified the current level of
pandemic alert at phase 3.
Period
Inter-pandemic
Phase
1
2
Pandemic Alert
3
4
5
Pandemic
Period
Post- andemic
6
AIM AND PURPOSE
Descri tion
No new influenza virus subtypes have been detected
in humans. May be present in animals. If present in
animals the human risk is considered low.
No new influenza virus subtypes have been detected
in humans, however a circulating animal influenza
virus oses a substantial risk to humans.
Human infections with a new subtype, but no human-
to-human spread or at most rare instances of spread
to a close contact.
Small c1usters(s) with limited human-to-human
transmissions; but spread is highly localized,
su estin the virus is not well ada ted to humans.
Larger c1uster(s) but human-to-human spread still
localized, suggesting that the virus is becoming better
adapted to humans, but may not yet be fully
transmissible substantial andemic risk
Increased and sustained transmission in general
o ulation.
Return to inter- andemic eriod.
The aim of this plan is to outline operational concepts, roles and responsibilities
and procedures that would support the Municipality of Clarington to prepare for,
respond to, and recover from an influenza pandemic.
As with most plans, continuous review and updates will be required as additional
information becomes available. The Municipality will continue to monitor these
and other plans to ensure continuity and responsible service for the residents,
business and staff of the Municipality.
Municipality of Clarington - Business Continuity Plan
Printed: May 5, 2008 Revision 4.1
Page 4 of 14
1409
PROJECTED WORKFORCE ABSENTEEISM
As reported by the Region of Durham Pandemic Plan, it has been projected all
workforces will experience absenteeism in the range of 30 - 35% of the regular
staffing levels. This absenteeism will be caused for several reasons in addition
to experiencing flu symptoms. Employees may be required to arrange for care of
ill family members as health care facilities will be maximized. Children may not
be able to attend school due to absenteeism of the educational staff, and, elderly
family members may need additional home care.
PREVENTION
The actual strain of influenza may not be determined by World Health
Organization officials until it actually arrives in North America. At that point,
serum development, manufacturing and inoculation of staff and residents may
take several weeks to several months.
The Medical Officer of Health is responsible for the implementation of public
health measures in Durham Region including the Municipality of Clarington.
Implementation of these measures will be coordinated with the Province.
Prevention may be a key component of avoiding; or, at least lessening the effect
of the pandemic. Certain preventative measures may lessen the impact,
minimize the spread, reduce the effects and reduce the risk of acquiring the
influenza. Pandemic flu spreads the same way as seasonal flu; through droplets
contained in a sneeze or cough. Individuals may be active carriers for 2 - 3 days
before feeling any effects. Preventative measures include proper hand-washing,
use of anti-bacterial hand wash, proper control of coughing or sneezing; proper
disposal of tissues and used towels as well as proper cleaning of exposed work
surfaces. The importance of the annual flu shot clinic will be stressed for staff as
a preventative measure as well as poster campaigns in all municipal facilities to
stress the aforementioned preventative steps.
Additional updates from the Region of Durham Health Department will be
provided as they become available; or, may be obtained directly from the Region
Health Department link at www.reQion.durham.on.ca .
Municipality of Clarington - Business Continuity Plan
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Page 5 of 14
1410
Prioritization for Immunization
The influenza strain in a pandemic will be unique. In the early stages of a
pandemic, vaccine may be in short supply. In this situation, the Province will
follow the national recommendations for priority groups for influenza
immunization. To ensure a consistent approach to the use of vaccine, the
Region of Durham in their most recent Pandemic Plan (June 2006) has
developed working definitions and criteria to determine priority groups for
immunization. The priority groups are as follows:
1. Front Line Health Care workers and key health decision makers
2. Remaining Health Care workers
3. Emergency / Essential Service Providers
4. Persons at high risk of fatal outcomes (e.g. - people in nursing homes,
long-term care facilities, people with high risk medical conditions, people
over age 65, children between the age of 6 and 24 months.)
5. Healthy Adults
6. Children 24 months to 18 years of age.
The province may redefine these groups on the characteristics of a new
pandemic virus.
BUSINESS CONTINUITY IN THE EVENT OF A PANDEMIC EMERGENCY
Similar to SARS and the 2003 Power Outage, residents will have an expectation
of service continuity. In the event Pandemic Period Phase 6 is declared in North
America either by the World Health Organization or Canadian Government
(Health Canada), it is likely DEMO will initiate an Emergency Response through
the local Municipal Emergency Operations Center (MEOC).
The Province of Ontario predicts 35% of the population could be affected and
there may be a 2% mortality rate. In Clarington, that equates to approximately
1,720 deaths related to a Pandemic.
Final decisions on what services will be maintained and how they are staffed may
be made at the time of the pandemic by the MEOC based on priority and staff
Municipality of Clarington - Business Continuity Plan
Printed: May 5, 2008 Revision 4.1
Page 6 of 14
1411
resources. All department heads have reviewed their staffing requirements
based on maintaining the following levels of service
Priority 1 - those services that must be maintained
Priority 2 - those services that may be curtailed for a short duration-a few weeks
Priority 3 - those services that may be curtailed for a longer period of time
Priority staffing allocations and resources will be implemented based on the
Level of Pandemic Alert as initiated by either of the World Health Organization,
Health Canada or Province of Ontario's Commissioner of Emergency
Management or Chief Medical Officer of Health.
As of the latest information available at the time of printing (World Health
Organization - 2005), the Pandemic Alert is at Phase 3 - No or Very Limited
Human-to-Human Transmission.
The following charts will provide guidance to the MEOC during the different alert
stages.
Municipality of Clarington - Business Continuity Plan
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Page 7 of 14
1412
Pandemic Alert Phase 3 - Human infections with a new subtype, but no human-to-
human spread; or at most, rare instances of spread to a close contact
Planning Stages Active Stages Current Status
May 2, 2008
Municipality is in the Planning Stage of preparedness for an emergency in which staff
absenteeism will be greater than the norm.
Staffing absenteeism is at Fitting of N95 face masks Fire & By-Law Completed
normal rates for front-line staff contact
(Fire, by-law, reception)
Identify departmental Develop data base and In development
priorities and functions screen potential volunteers
to assist with community
emergency programs at
both municipal and regional
levels
Identify employee cross- Liaise with municipalities Fire mutual aid in place
training opportunities within Region of Durham for
available shared resources
in the event of an
emergency
Introduce staff preventative Review existing service In development
training for flu-hygiene contracts for Business
(cough etiquette, infection Continuity Plans and
control including use of continued service to the
hand sanitizers, frequent Municipality
washing of hands, not
sharinq equipment etc.)
Staff would be encouraged Where deficient, suppliers In development
to receive annual influenza to provide Business
vaccinations. Continuity Plans to
Municipality.
Develop greater use of Under consideration
electronic circulation of
Planning Development
Applications and
documents from all other
departments that would
reduce the impact of face-
to-face exchange of paper.
Electronic circulation would
be "qerm-free"
Test resources for work- Pending
from-home critical core
services (Payroll, Accounts
Receivable/Payable)
Municipality of Clarington - Business Continuity Plan
Printed: May 5, 2008 Revision 4.1
Page 8 of 14
1413
Pandemic Alert Phase 4 - Small Clusters with limited human-to-human transmissions;
but spread is highly localized, suggesting the virus is not well adapted to humans.
Planning Stages Active Stages Current Status
May 2, 2008
Notification from authorized Prepare for escalation As required
agency that Alert has directly to Level 6 (similar to
escalated to next level SARS Outbreak)
Expected time period to Implement intense cross- In development
migrate to Canada from training program with
other parts of the world is identified staff
up to 3 months.
Implementation of Conduct security checks for As required
Municipal Preparedness at x-training staff where
Level 4 necessary
Expect normal absenteeism No action required
until migration to Canada
Commence I. T. Network In development
and Communications
installations for staff
identified to work off-site
(home)
Develop Video In development
Conferencing network for
public I staff meetings in
future staqes.
Confirm availability and As required
stock necessary supplies
for 3 - 4 month period
where possible
Municipality of Clarington - Business Continuity Plan
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Page 9 of 14
1414
Pandemic Alert Phase 5 - Larger clusters but human-to-human spread still localized,
suggesting that the virus is becoming better adapted to humans, but may not yet be fully
transmissible (substantial pandemic risk)
Planning Stages Active Stages Current Status
May 2, 2008
Notification from authorized agency of significant human-to-human transmission of the
flu.
Prepare for out break in Suspend Development As required
North America I Canada Review Planning, Fire
from off-continent within 3 Prevention and Building
months or sooner Inspections services until
after pandemic.
Escalate Municipal plan to Suspend School Crossing As required
next level Guard program upon
closure of Schools by
Boards of Education
Project 10 - 15% Assemble Municipal Control As required
Absenteeism due to "fear Group to monitor spread of
factors" of contracting flu Flu Virus with DEMO
virus
Department Heads will As required
attend at MaC
Monitor and sustain most As required
municipal services
Limit public assembly and As required
implement social distancing
- close indoor and outdoor
recreation facilities, public
parks for public assembly
and programs
Intense hygiene program As required
for front-line staff - masks
and gloves
Initiate work-from-home As required
program for identified staff
where applicable
Municipality of Clarington - Business Continuity Plan
Printed: May 5, 2008 Revision 4.1
Page 10 of 14
1415
Pandemic Period Phase 6 - Increased and sustained transmission in general
population
Planning Stages Active Stages Current Status
May 2, 2008
Notification of Pandemic in Canada
Implement full pandemic On order from Ministry
program
Assemble full Municipal As required
Control Group including
designates to work at MOC
with federal and provincial
aQencies and DEMO
Sustain essential services As required
only
Close all Municipal As required
Buildings and Parks to
Public
Implement Video As required
Conferencing for public
information, public
meetings, staff meetings
and staff contact
information
Maintain hygiene program As required
for all staff working in all
municipal facilities
Municipality of Clarington - Business Continuity Plan
Printed: May 5, 2008 Revision 4.1
Page 11 of 14
1416
Core Services Staffing and Supply Requirements
In evaluation of core staffing requirements, the following criteria will be taken into
consideration:
· Minimum staff required to maintain the service
. Staff shortages in the event of 35% absenteeism in that service area
· Interdepartmental cross training for staff in priority 2 and 3 to maintain priority 1
areas
. Alternate work-site locations for staff - such as working at home
. Core Services identified as
o A service or function that when not delivered creates an impact on the
health and safety of individuals
o A service and/or function that may lead to the failure of a business unit if
activities are not performed within a specified time period.
During the active stages, Department Heads will determine core services to be provided
and key staff required to maintain those services as the active stages are assessed.
Additional reports to Council will be provided during critical stages for authorization to
change key service levels as required.
Municipality of Clarington - Business Continuity Plan
Printed: May 5, 2008 Revision 4.1
Page 12 of 14
1417
FINANCIAL IMPLICATIONS
The cost effect of a Phase 6 pandemic period cannot be estimated at this time.
Mitigating factors include supply chain issues; maintaining sufficient supplies of
inventory and stock items - possibly 3 - 4 month supply of certain supplies in the event
of a pandemic, expecting suppliers will also be experiencing a staffing shortage.
In the event of a significant staff shortage, overtime may be required to ensure
continuation of municipal services, particularly in Emergency and Fire Services as well
as Operations Department for seasonal activities (snow removal) and fleet
maintenance.
Measures the Municipality may undertake in advance of a pandemic include:
· Develop computer dedicated telephone links to employee residences for those
employees who can for the most part, work from home with minimal impact to the
municipal services. (The attached staff survey would assist in determining potential
work-from-home opportunities)
· Establish public information telephone numbers with recorded up-to-the-minute
messages regarding available municipal services.
· Establish staff information telephone numbers to keep staff informed on latest
information and departmental operational status.
· Public education programs for electronic payment of tax invoices and accounts
receivable.
· Establishment of payment kiosks in certain public areas such as malls may be
closed to public assembly for the electronic payment of tax bills.
SUMMARY
Communications to the residents will be of prime importance during a declared
emergency. The current Clarington Emergency Plan addresses all communications
protocol.
The Pandemic Business Continuity Plan will be annexed into the Clarington Emergency
Plan as part of the Municipality's overall response to emergency situations and
controlled responses.
Municipality of Clarington - Business Continuity Plan
Printed: May 5, 2008 Revision 4.1
Page 13 of 14
1418
Resources
Please refer to the Clarington Emergency Plan for updated contacts, phone numbers,
email address and web sites.
Provincial Coordination Plan for Influenza Pandemic - June 2006
http://www.health.gov.on.ca/e n 9 I ish/prov iders/prog ra m/emu/pan _fl u/oh p i p2/plan_ fu II. pdf
Durham Region Pandemic Influenza Plan - June 2006
http://www.region.durham.on.ca/de partments/hea Ith/d isease _prevention/pandemicl nfluenzaPlan. pdf
Additional Information
World Health Organization
http://www.who. intlcsr/d isease/influenza/pandemic/en/
http://www.who. intlcsr/d isease/avian _influenza/phase/en/
Public Health Canada
http://www.hc-sc.gc.ca/ahc-asc/intactiv/pandem-flu/questionsbk1_e.html
Ministry of Health and Long Term Care
http://www.health.gov.on.ca/
Region of Durham - Health Department
http://www.region.durham.on.ca/health.asp?nr=departments/health/healthinside.htm
Region of Durham - DEMO
http://www.region.durham.on.ca/default.asp?nr=/departments/demo/about.htm&srch=demo
Municipality of Clarington - Business Continuity Plan
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Page 14 of 14
1419
CJJJlmgton
EMPLOYEE PANDEMIC SURVEY
In the event of a Pandemic or similar emergency the Municipal Administration
Centre and other satellite administrative offices may be closed to the public. In
order to maintain required levels of service to the community, the Municipality of
Clarington may offer employees the opportunity to work from home.
In order to accomplish this, a brief survey is required. If you would consider
working from home in this situation, or other similar emergency, please answer
the following questions to the best of your knowledge.
Name:
Department:
Position:
Date:
1 In the event of an emergency, would you be willing to work at home?
Yes No
D D
2 Do you have any of the following office equipment at home that
would be available for use?
Yes No
Telephone D D
Fax Machine D D
Internet Connection D D
1420
3. Fax Machine - tell us about your fax machine.
Yes No
Stand alone 0 0
Computer Based with Software 0 0
Dedicated Phone Line 0 0
4 Internet Access - tell us about your Internet Access.
Yes No
High Speed
o
o
5 ISP - Internet Service Provider
Rogers Cable
o
Bell Sympatico
o
Other (Please Specify)
6 Are you prepared to accept a computer on-loan from the Municipality of
Clarington for the purposes of working at home during an emergency?
Yes No
o 0
Please note: Participation in the survey is not a commitment on your behalf
nor by the Municipality, but simply a survey to determine potential
resources available to the Municipality in the event of a prolonged
Pandemic Emergency within the community. If you have any questions
regarding your responses, please speak to your Department Head.
1421
Cl!Kiggron
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 12'h, 2008
Report #:
COD-028-08
File#_
By-law #
Subject:
QUOTATION Q2008-5, MECHANICAL EQUIPMENT MAINTENANCE CONTRACT
- OIL FIRED FURNACES
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Report COD-028-08 be received;
2. THAT Cynergy Mechanical Limited, Etobicoke, Ontario, with a total bid price of $89,298.07
(excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and
specifications of the Quotation Q2008-5, be awarded the contract to provide Mechanical
Equipment Maintenance for Oil Fired Furnaces, as required by the Municipality of Clarington
Operations Department;
3. THAT pending satisfactory pricing and service the contract be extended for a second and
third year; and
4. THAT the funds expended be drawn from the Department of Operations, various operating
accounts.
Submitted by:
Reviewed by:
c)~-=- ~
Franklin Wu,
Chief Administrative Officer
MM\JDB\BH
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
1422
REPORT NO.: COD-028-08
PAGE 2
BACKGROUND AND COMMENT
Quotation specifications were advertised electronically. Subsequently, three quotations were
received and tabulated as per Schedule "A" attached.
As noted on the attached summary the bid received from Shephard Mechanical, Orono, Ontario was
rejected as the bid deposit was not included in the submission. Upon review of the bids, it is
recommended to proceed with an award to the low bidder, Cynergy Mechanical Limited Etobicoke,
Ontario as they were compliant and the bid submitted met the quotation specifications.
The references for Cynergy Mechanical Limited have been contacted and are satisfactory. Cynergy
Mechanical Limited has fourteen years experience. The firm has six oil burner technicians on staff
with two located locally (Le., Port Hope and Brooklin) in order to meet the municipality's preventative
maintenance and emergency call requirements.
After review and analysis of the bids by Purchasing and Operations, it was mutually agreed that the
bid from, Cynergy Mechanical Limited, Etobicoke, Ontario be recommended for the contract for the
mechanical equipment maintenance contract - oil fired furnaces.
The Finance Director 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.
Attachments:
Attachment 1 - Schedule "A", Bid Summary
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REPORT NO.: COD-028-08
PAGE 3
Schedule "A"
Bid Summary
Quotation Q2008-5
BIDDER TOTAL BID
(Excludina GSn
Cynergy Mechanical Limited
Etobicoke, ON $89,298.07*
Dixon Mechanical
Oshawa, ON $143,436.01*
Shephard Mechanical
Orono, ON Rejected
*revised to include the cost for preventative maintenance, emergency repairs, replacement parts and
the proposed increase for Year 2 and Year 3 of the contract
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HANDOUTS
PRESENTATIONS
C!iJ!il!gron
MEMO
CLERK'S DEPARTMENT
To:
From:
Date:
Subject:
Mayor Abernethy and Members of Council
Anne Greentree, Deputy Clerk
May 9,2008
GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING
AGENDA - MAY 12, 2008 - UPDATE
Please be advised of the following amendments to the GPA agenda for the meeting to be
held on Monday, May 12, 2008:
6. DELEGATIONS
See attached Final List
cc: F. Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
FINAL LIST
OF DELEGATIONS
GPA Meeting: May 12, 2008
(a) Kristin Robinson, Regarding Emissions Criteria for EFW
(b) Jaison Gibson, Regarding Nature and Animal Rights
(e) Anne White, Regarding Zoning Matter -Illegal Apartments
(d) Mark Mensink, Sernas, Regarding Report PSD-048-08
(e) Bob Carruthers, Regarding Report PSD-048-08