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Home My WebLink About06/16/2008 Cl~iJJgron GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: June 16, 2008 9:30 A.M. COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. MINUTES (a) Minutes of a Regular Meeting of June 2,2008 401 5. PRESENTATIONS (a) Sheila Hall, Clarington Board of Trade, Regarding Economic Development 6. DELEGATIONS (List as of Time of Publication) 601 (a) Jaison Gibson, Regarding Free Speech and Civil Disobedience (b) Perpetua Quigley, Regarding Free CPR Training in all High Schools in the Municipality of Clarington (c) Tom McKee, Regarding Report PSD-060-08 (d) Wayne Clarke, Durham Region Home Builders Association, Regarding Addendum to Report FND-012-08 (e) Kelvin Whalen, Kaitlin Group, Regarding Addendum to FND-012-08 (f) Richard Ward, Regarding Suspending Actions Pending Request for Criminal Investigation CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - June 16,2008 7. PUBLIC MEETINGS (a) An Application to Amend the Zoning By-Law 84-63 Applicant: Prestonvale Road Land Corporation Report: PSD-059-08 701 (b) Amendment to Zoning By-Law 84-63 Applicant: Municipality of Clarington Report: PSD-060-08 703 (c) An Application to Amend the Clarington Zoning By-law Applicant: Municipality of Clarington Report: PSD-061-08 8. PLANNING SERVICES DEPARTMENT 704 (a) PSD-059-08 Amendment to the Zoning By-Law to Permit Dwellings with 801 a Variety of Garage Projections and Garage Widths Applicant: Prestonvale Road Land Corporation (b) PSD-060-08 Municipality of Clarington General Amendment to Zoning 812 By-Law 84-63 (c) PSD-061-08 Proposed Zoning By-Law Amendment by the Municipality 827 of Clarington for 3289 Trulls Road North in Courtice (d) PSD-062-08 Appeal of Official Plan Amendment, Zoning By-Law 835 Amendment and Site Plan Control Application, Files COPA 2007-0007, ZBA 2007-0026, SPA 2007-0021 Applicant: Adesa Auctions Canada Corporation and Impact Auto Auctions Ltd. (e) PSD-063-08 OMB Decision on Motion to Dismiss Appeal of Zoning 855 By-Law Amendment Application ZBA2006-0021 Applicant: James Tosswill (f) PSD-064-08 Application for Removal of Part Lot Control Applicant: 511060 Ontario Ltd. 865 (g) PSD-065-08 Application for Removal of Part Lot Control Applicant: Brenda and Adam Stephenson Clarnew Developments Phase II 871 (h) PSD-066-08 Application for Removal of Part Lot Control Applicant: Gage Park Developments Inc. 877 G.P. & A. Agenda - 3 - June 16, 2008 (i) PSD-067 -08 Orono Community Improvement Plan Amendment 883 U) PSD-068-08 Monitoring of the Decisions of the Committee of Adjustment for the Meeting of May 29, 2008 894 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-027 -08 Agreement of Understanding for Foster Creek North Subdivision (18T-89059) - Lindvest Properties Limited (b) EGD-028-08 Proposal to Close and Convey a Portion of an Unopen Road Allowance Situated in Lot 27, Broken Front Concession, Former Township of Clarke (c) EGD-029-08 Monthly Report on Building Permit Activity for May 2008 (d) EGD-030-08 Site Alteration By-Law and Policies and Procedures 10. OPERATIONS DEPARTMENT 901 910 915 921 (a) OPD-007-08 2008 Winter Budget Report 1001 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-009-08 Monthly Response Report - May 2008 1101 (b) ESD-010-08 Emergency and Fire Services - 2007 Annual Report 1105 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-013-08 Supplementary Rates and Fees 1201 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-020-08 Confidential Report - Zoning Matter Regarding Illegal 1301 Apartments 14. CORPORATE SERVICES DEPARTMENT (a) COD-031-08 Arrangement with Knox Christian School for Permitted Use of Soccer Field(s) (b) COD-033-08 CL2008-20, 2008 Crack Sealing Programs Various Locations (c) COD-035-08 Confidential Report - Regarding a Personnel Matter (d) COD-036-08 Total Hockey Official Mark/Official Design Registration 1401 1407 1413 G.P. & A. Agenda -4- June 16, 2008 (e) COD-037-08 Lions Club Offer to Lease, Clarington Beech Centre 1416 (f) COD-038-08 Ontario Realty Corporation, Lease Extension - 132 Church Street, (Court Room) 1419 (g) COD-040-08 CL2008-21, Foster Creek Erosion Protection @ Roberts 1426 Street, Newcastle 15. FINANCE DEPARTMENT No Reports 16. CHIEF ADMINISTRATIVE OFFICE No Reports 17. UNFINISHED BUSINESS 18. OTHER BUSINESS (a) Motion - Councillor Hooper - Bowmanville CIP 1801 19. COMMUNICATIONS 20. ADJOURNMENT c;"fll#]gton General Purpose and Adminh:~tration Committee Minutes June 2, 2008 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 2, 2008 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Absent Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor W. Woo Councillor C. Trim - Municipal Business Chief Administrative Officer, F. Wu Purchasing Manager, Corporate Services, J. Barber (from 2:00 pm) Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano (until 1 :00 pm) Recreation Services Manager, Community Services, S. Meredith Director of Finance, N. Taylor Fire Chief, Emergency Services, G. Weir Deputy Clerk, A. Greentree Clerk II, E. Atkinson Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Counicllor Hooper advised of the following events he attended recently: · Volunteer Recognition Awards hosted by Clarington Older Adults. · Recognition ceremony at the Clarington Cenotaph. · Support the Troops Rally at Clarington Fields. . The 6th Annual Alfie Schrub run at which a course record was set. 401 General Purpose and Administration Committee Minutes June 2, 2008 Councillor Novak advised of the following events she attended recently: . Federation of Canadian Municipalities conference in Quebec. She has many resource materials for other members to review and provided each Committee member with a "Canada Remembers" pin. Councillor Foster announced the following: . Thursday June 5th, 2008 Clarington Older Adults is hosting a Social Tea at the Courtice Complex. . Purina Walk for Guide Dogs Event, hosted by the Courtice Lions, and was well attended. Councillor Woo advised of the following events he attended recently: . The Special Olympics and two Clarington residents participated; in the bowling event Orono resident Kelly O'Neil and in the swimming event Courtice resident Laura McDonald. . Recognition ceremony at the Cenotaph and he thanked Operation and Fire staff for their involvement at this ceremony. . Wall to Wall Fundraiser at the Visual Arts Centre. . Fruit, Wine and Food Festival hosted by Archibald's Orchard in support of Big Brothers and Big Sisters. . "Greek Night" fund raiser in support of Lakeridge Bowmanville Hospital Emergency Room where $11,500.00 was raised. Councillor Robinson announced the following: . June is Recreation Month. . June 4th is the Mayor's Walk and BBQ at the Bowmanville Valley Trail. . June 22nd is the Community Cycle with the Mayor and Members of Council. . On Wednesday October 3, 2007 Canada broke the world record in the World Record Walk with a total of 231 ,635 Canadian participants of which 319 were Clarington residents. MINUTES Resolution #GPA-337-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on May 12, 2008, be approved. CARRIED - 2 - 402 General Purpose and Administration Committee Minutes June 2, 2008 Resolution #GPA-338-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the agenda be altered to hear the presentation from Craig Binning, Hemson Consulting, Regarding Report FND-012-08, under the Public Meeting section of the agenda. CARRIED PRESENTATIONS Todd Brown and Claire Tucker-Reid, Monteith Brown Planning Consultants, addressed the Committee regarding Report CSD-015-08. Mr. Brown provided the Committee with an overall view of the Vision, Mission, Guiding Principles, Goals and Targets for the Community Services Department. Mr. Brown informed the Members that by 2016 the population is expected to grow by 23% with the greatest growth rate expected to be in the younger adults (20 - 34) and older adults (55+). Mr. Brown highlighted the key leisure trends. Local stakeholders as well as the general public were consulted through surveys and the outcome was that through the household survey respondents most frequently participated in swimming, aerobics/fitness/weight-training, ice sports, and indoor running/walking. The highest demand was placed on indoor and outdoor swimming, availability of additional ice time, and drop in programs for youth and leadership. Mr. Brown provided the Members with the Guideline Principles which are: Community Leadership, Building a Healthy Community, Meeting the Needs of a Diverse Community, Building Community Partnerships, Supporting Volunteers, Maintaining Infrastructure, and Fiscal Accountability. Ms. Tucker-Reid conveyed the twelve key targets for the Recreation Services Division, including: Pricing, Partnerships, Services for People with Disabilities, Volunteers, Youth Services, Fitness Discipline and Training Facility Review, and Programming. Ms. Brown was very impressed with how well the current facilities are run and commented on how well the staff was trained. She informed the Committee that they would like to see the Strategic Plan be considered for approval by Council and consider targets through future evaluation and budgeting processes. Staff will be bringing forward reports on individual initiatives for approval from Council. Resolution #GPA-339-08 Moved by Councillor Robinson, seconded by CounicllorWoo THAT the Committee recess for 5 minutes. CARRIED The meeting resumed at 10:55 a.m. - 3 - 403 General Purpose and Administration Committee Minutes June 2, 2008 Mehran Monabbati, SENES, addressed the Committee regarding Air Emissions Standards. Mr. Monabbati presented to the Committee an overview of how a Massive Solid Waste Incinerator (MSWI) works and what emissions may result from a MSWI. He described the air pollution control technology associated with an MSWI and the difference between wet, spray drying and dry sulphur removal. Mr. Monabbati stated there are federal limits set for emissions from MSWI but Ontario has emission limits from MSWI which are set out in the Ministry of Environments guideline A-7, 2004. These guidelines are technology based and enforceable through EPA. Mr. Monabbati described the US Limits, Guidelines and Standards, and stated these vary depending on which state is host to the incinerator. He informed the Committee of the recommended emission limits and the two types of emission monitoring, and described the details of a Certificate of Approval. DELEGATIONS Jaison Gibson regarding Free Speech, Public Podium and Civil Disobedience was called but was not in attendance. Richard Ward addressed the Committee regarding taxes. Mr. Ward informed the Committee his garbage is now being collected but would like for the Committee to request that the surcharges from the months prior be waived as he was paying for a service which he was not receiving. Mr. Ward informed the Committee that an official request for the designation to commercial still has not been filed with the Planning Services Department, but he did file a rezoning application. He believes there has been an abuse of expert opinion given on behalf of the Municipality and Mr. Ward requested that a criminal investigation of criminal conspiracy be launched. Glenn Genge, D.G. Biddle & Associates addressed the Committee regarding Report PSD-058-08. He informed the Committee that he reviewed the Report and was available for questions. There were no questions for Mr. Genge. Robert Colby previously withdrew his request to address the Committee regarding the EFW facility. Kristin Robinson addressed the Committee regarding the health studies on the proposed EFW facility. Ms. Robinson expressed concerns over the omission of costs for health monitoring in the business case and would like to have seen the business case referred back to Health and Social Services for review and comments. Ms. Robinson questioned Deloitte's qualifications to make statements about EFW. She would like to see a comprehensive plan developed with regards to the EFW incinerator and feels that money should not be negotiated in exchange for the public's health. She would like to have Clarington request an extensive independent peer review with regards to the emission standards and declare Clarington an unwilling host. As well she requested the waste be sorted before it goes in the incinerator. Ms. Robinson presented the Committee with petitions signed by over 500 residents regarding EFW and the proposed incinerator. - 4- 404 General Purpose and Administration Committee Minutes June 2,,2008 Mayor Abernethy chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Report: Proposed Amendment to the Development Charges By-Law 2005-1 08 FND-012-08 Craig Binning, Hemson Consulting provided the Committee with a verbal report supported by a PowerPoint presentation pertaining to Report FND-012-08. Mr. Binning informed the Committee the current development charges are too low and he is recommending that by-law 2005-108, associated to development charges be amended. All services were considered, both general and engineered. Mr. Binning stated the growth forecast is critical and highlighted growth related to capital programs as well as calculated development charges. He realizes it is a significant increase on the non- residential side but advises that it is necessary due to: higher construction costs, capital costs exceeding indexing rates, increased service levels, and projects advancing earlier than predicted. He advised the Committee the effective date is suggested for July 1, 2008 and the end date will remain at 2010. Randy Grimes, Consultant for Metrus, IBI Group, spoke in opposition to Report FND-012-08. Mr. Grimes found the workshop provided by Hemson Consulting to be very informative and he would like to see the increase percentage between 5% - 5 1/2%. He would like clarification on the road study that was done as well as clarification on the soft services from 2005 and 2008 studies. Mr. Grimes stated he did not fully understand the excess capacity amount which was considered, and regarding the cash flow for the Public Library and Recreation, he questioned why the population was discounted. Mr. Grimes agreed to submit his questions in writing. Mr. Wayne Clarke, Co-Chair Durham Region Home Builders Association, spoke in opposition to Report FND-012-08. He informed the Committee the Association is still reviewing the Report and hopes to have this review finalized by the end of the week. He asked the Committee to consider a phase-in with the first part being implemented July 1, 2008, and the second phase in January 2009. He would like to see existing developments allowed at the old rates and any new development would be at the new rates. Mr. Clarke has concerns the new rates will cause a reduction in the non- residential development for Clarington. He expressed concerns with regards the quantum calculations. - 5 - 405 General Purpose and Administration Committee Minutes June 2, 2008 Kelvin Whalen, Kaitlin Group, spoke in opposition to Report FND-012-08. Mr. Whalen's concerns are with the quantum amount and felt it was unfair to compare Clarington with areas such as Richmond Hill and Markham as they are closer to Toronto. He informed the Committee if the increase is implemented in a one-step process it could have a dramatic effect on the area. He would like Council to consider a phase-in option such as 1/3 - July 1, 2008, 1/3 - January 1, 2009, and 1/3 - July 1,2009. He would like the homes that have already been sold to be allowed to have the permits at the old rate and he looks forward to the continued dialogue with staff. No one spoke in support to Report FND-012-08. Resolution #GPA-340-08 Moved by Counicllor Robinson, seconded by Counicllor Novak THAT the meeting recess for 1 hour. CARRIED The meeting resumed at 2:00 p.m. Councillor Novak chaired this portion of the meeting. (b) Subject: Applicant: Report: Application for Proposed Draft Plan of Condominium Halminen Urban Communities Inc. PSD-050-08 Sue Ashton, Senior Planner, Planning Services Department provided a verbal report supported by a Powerpoint presentation pertaining to Report PSD-050-08. No one spoke in opposition to or support of Report PSD-050-08. Susan Bordens was in attendance at the meeting but was required to leave before her opportunity to speak. Ms. Bordens therefore filed her comments in writing. Heidi Stevenson, Halminen Holdings, was present on behalf of the Applicant to answer any questions or concerns. She informed the Committee she would look into the fencing concerns raised by residents on Argent Road. - 6 - 406 General Purpose and Administration Committee Minutes June 2, 2008 (c) Subject: Applicant: Report: Application to Amend the Clarington Official Plan and Zoning By-law Bowmanville Creek Developments Inc. PSD-051-08 Richard Holy, Senior Planner, Planning Services Department provided a verbal report supported by a Powerpoint presentation pertaining to Report PSD-051-08. No one spoke in opposition to or support of Report PSD-051-08. Glen Genge, D.G. Biddle & Associates, was present on behalf of the applicant. He informed the Committee there are issues to be addressed and is confident these concerns can be resolved. He confirmed that the plan for the development will not affect the downtown. There were no questions or concerns raised at the public meeting. (d) Subject: Applicant: Report: Proposal to amend the Orono Community Improvement Plan Municipality of Clarington PSD-052-08 Faye Langmaid, Manager of Special Projects, Planning Services Department provided a verbal report supported by a Powerpoint presentation pertaining to Report PSD-052-08. Ms. Langmaid clarified that the amount for eligibility should be $5,000.00 not $10,000.00. No one spoke in opposition to or support of Report PSD-052-08. (e) Subject: Report: Proposed Street Name Change: Swarbrick Street PSD-053-08 No one spoke in opposition to or support of Report PSD-053-08. PLANNING SERVICES DEPARTMENT DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: HALMINEN URBAN COMMUNITIES INC. Resolution #GPA-341-08 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT Report PSD-050-08 be received; THAT provided the fencing issues raised at the Public Meeting are addressed to the satisfaction of the Planning Services Department, that the Draft Plan of Condominium application, submitted by Halminen Urban Communities Inc. be approved and that the - 7 - 407 General Purpose and Administration Committee Minutes June 2, 2008 Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 3 to Report PSD-050-08; THAT a copy of Report PSD-050-08 and Council's decision be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-050-08 and any delegation be advised of Council's decision. CARRIED APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY- LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC. TO PERMIT A WIDER RANGE OF COMMERCIAL USES Resolution #GPA-342-08 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-051-08 be received; THAT the application submitted by Bowmanville Creek Developments Inc. be further processed by staff for the preparation of a further report following the receipt of all outstanding information and agency comments; THAT a copy of Report PSD-051-08 and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-051-08 and any delegations be advised of Council's decision. CARRIED ORONO COMMUNITY IMPROVEMENT PLAN AMENDMENT Resolution #GPA-343-08 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report PSD-052-08 be received; THAT the Orono Community Improvement Plan Amendment contained in Attachment 1 to Report PSD-052-08, be received and that Staff consider the comments received in writing or at the Public Meeting prior to finalizing the Amendment; and THAT any interested party or delegation be advised of Council's decision. CARRIED - 8 - 408 General Purpose and Administration Committee Minutes June 2,2008 STREET NAME CHANGE FOR SWARBRICK STREET Resolution #GPA-344-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-053-08 be received; THAT the by-law to amend By-law 86-112, being the Street Name Map and Street Name Inventory, as contained in Attachment 2 to Report PSD-053-08, be approved; THAT a copy of Report PSD-053-08 and Council's decision be forwarded to the Durham Regional Police and the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD-053-08 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 8, 2008 Resolution #GPA-345-08 Moved by Councillor Hooper, seconded by Mayor Abernethy THAT Report PSD-054-08 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on May 8, 2008 for applications A2008-0009 and A2008-0016 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on May 8, 2008 for application A2008-0015 is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to appear before the Ontario Municipal Board to defend its original recommendation. CARRIED - 9 - 409 General Purpose and Administration Committee Minutes June 2, 2008 MUNICIPAL ROSTER OF CONSULTANTS FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STUDIES Resolution #GPA-346-08 Moved by Mayor Abernethy, seconded by Councillor Woo THAT Report PSD-055-08 be received; THAT the termination date for the Roster of Consultants for the Preparation of Environmental Impact Studies, be extended until the Official Plan Amendment for Bill 51-Planning Reform which clearly defines "complete application" takes effect; THAT the Purchasing By-law 2006-127 be waived; and THAT all interested parties listed in Report PSD-055-08 and any delegation be advised of Council's decision. CARRIED 2007 GROWTH TRENDS REVIEW Resolution #GPA-347-08 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-056-08 be received for information. CARRIED HERITAGE PERMIT FOR BEECH AVENUE RECONSTRUCTION, BEECH AVENUE HERITAGE CONSERVATION DISTRICT Resolution #GPA-348-08 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report PSD-057-08 be received; THAT Heritage Permit Application HP2008-01 for the Reconstruction of Beech Avenue be approved; and THAT all interested parties listed in Report PSD-057 -08 and any delegations be advised of Council's decision. CARRIED .10 . 410 General Purpose and Administration Committee Minutes June 2, 2008 AMENDMENT NO. 62 TO THE CLARINGTON OFFICIAL PLAN TO PERMIT A MEDIUM DENSITY DESIGNATION APPLICANT: 821013 ONTARIO LIMITED (WILLIAM TONNO CONSTRUCTION) Resolution #GPA-349-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report PSD-058-08 be received; THAT proposed Amendment No. 62 to the Clarington Official Plan, in response to an application submitted on behalf of 821013 Ontario Limited (William Tonno Construction), be adopted and the necessary By-law contained in Attachment 3 to Report PSD-058-08 be passed; THAT the Region of Durham and Municipal Property Assessment Corporation (MPAC) be informed of Council's decision; and THAT all interested parties listed in Report PSD-058-08 and any delegations be advised of Council's decision. CARRIED Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT CLARINGTON BEECH CENTRE PARKING STUDY Resolution #GPA-350-08 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report EGD-026-08 be received; THAT the Municipality of Clarington act as a resource to the Clarington Older Adults Association (COM) over the next year as they work through the potential parking solutions outlined within Report EGD-026-08; THAT Council re-visit this issue again in one year upon receipt of a written report to Council from the Clarington Older Adults Association (COM) detailing the efforts that have been made; - 11 - 411 General Purpose and Administration Committee Minutes June 2, 2008 THAT discussions take place at that time about the success of these initiatives as well as any appropriate next steps; and THAT any interested parties be notified of Report EGD-026-08. CARRIED Mayor Abernethy chaired this portion of the meeting. OPERATIONS DEPARTMENT CLARINGTON PITCH-IN CANADA CLARINGTON CLEAN AND GREEN Resolution #GPA-351-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report OPD-006-08 be received for information. CARRIED Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - APRIL 2008 Resolution #GPA-352-08 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report ESD-008-08 be received for information. CARRIED Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT PARKS AND RECREATION ONTARIO (PRO) CALL FOR ACTION ON AGING INFRASTRUCTURE FUNDING Resolution #GPA-353-08 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report CSD-012-08 be received; - 12 - 412 General Purpose and Administration Committee Minutes June 2,2008 THAT Council endorse the Parks and Recreation Ontario Report entitled "Investing in Healthy and Active Ontarians Through Recreation and Parks Infrastructure"; and THAT Council convey their support for Report CSD-012-08 and for funding programs for aging recreation, parks and sport infrastructure to the appropriate provincial representatives. CARRIED JUNE IS RECREATION AND PARKS MONTH Resolution #GPA-354-08 Moved by Councillor Novak, seconded by Mayor Abernethy THAT Report CSD-014-08 be received; and THAT the month of June 2008 be proclaimed Recreation and Parks Month as follows: WHEREAS, in the Municipality of Clarington, we are fortunate to have a variety of recreation and parks systems providing countless recreational opportunities for residents and visitors from around the world; and WHEREAS, recreation enhances quality of life, balanced living and lifelong learning; helps people live happier and longer; develops skills and positive self image in children and youth; develops creativity; and builds healthy bodies and positive lifestyles; and WHEREAS, recreational participation builds family unity and social capital; strengthens volunteer and community development; enhances social interaction; creates community pride and vitality; and promotes sensitivity and understanding to cultural diversity; and WHEREAS, parks, open space and trails provide active and passive outdoor recreation opportunities, help maintain clean air and water; and promote stewardship of the natural environment; and WHEREAS, recreation, therapeutic recreation and leisure education are essential to the rehabilitation of individuals who have become ill or disabled, or disadvantaged, or who have demonstrated anti-social behavior; and WHEREAS, the benefits provided by recreation programs, services and parks, and open space, reduce healthcare and social service costs; serve to boost the economy, economic renewal and sustainability; enhance property values; attract new business; increase tourism; and curb employee absenteeism; and WHEREAS, all levels of government, the voluntary sector and private enterprise throughout the Province participate in the planning, development and operation of recreation and parks program, services and facilities; and -13. 413 General Purpose and Administration Committee Minutes June 2, 2008 WHEREAS, Ontario has proclaimed that June, which witnesses the greening of Ontario and serves as a significant gateway to family activities, be designated as Recreation and Parks Month, which will annually recognize and celebrate the benefits derived year round from quality public and private recreation and parks resources at the local, regional and provincial levels: NOW THEREFORE BE IT RESOLVED THAT, the Council of the Municipality of Clarington, in recognition of the benefits and values of Recreation and Parks, does hereby proclaim the month of June as Recreation and Parks Month. CARRIED COMMUNITY SERVICES DEPARTMENT STRATEGIC PLAN Resolution #GPA-355-08 Moved by Councillor Foster, seconded by Councillor Woo THAT CSD-015-08 be received; and THAT the Community Services Department Strategic Plan (Attachment #1 to Report CSD-015-08) be adopted in principal. CARRIED Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT ANIMAL SERVICES QUARTERLY REPORT - JANUARY TO MARCH, 2008 Resolution #GPA-356-08 Moved by Councillor Foster, seconded by Councillor Novak THAT Report CLD-018-08 be received; and THAT a copy of Report CLD-018-08 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICERS (SUMMER) Resolution #GPA-357-08 Moved by Councillor Woo, seconded by Councillor Foster THAT Report CLD-019-08 be received; -14 - 414 General Purpose and Administration Committee Minutes June 2, 2008 THAT the by-laws attached to Report CLD-019-08 to appoint Municipal Law Enforcement Officers be forwarded to Council for approval; and THAT Ritchie Jacob and Aaron Coutu be advised of Council's actions. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT TENDER CL2008-5, MECHANICAL EQUIPMENT MAINTENANCE CONTRACT - HV AC SERVICES Resolution #GPA-358-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report COD-029-08 be received; THAT Cynergy Mechanical Limited, Etobicoke, Ontario, with a total estimated bid price of $128,229.15 (excluding G.S.T.), being the second lowest responsible bidder meeting all terms, conditions and specifications of the Tender CL2008-5, be awarded the contract to provide Mechanical Equipment Maintenance for HVAC Services, as required by the Municipality of Clarington Operations Department and Community Services Department; THAT pending satisfactory pricing and service the contract be extended for a second and third year; and THAT the funds expended be drawn from the Department of Operations and Department of Community Services, various operating accounts. CARRIED NEWCASTLE FELLOWSHIP BAPTIST CHURCH - LETTER OF AGREEMENT - LEGAL RIGHT-OF-WAY - EXISTING DRIVEWAY Resolution #GPA-359-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report COD-030-08 be received; THAT the Letter of Agreement between the Newcastle Fellowship Baptist Church and the Municipality of Clarington granting the right-of-way of the existing driveway, in perpetuity, be approved; and -15 - 415 General Purpose and Administration Committee Minutes June 2, 2008 THAT the By-law attached to Report COD-030-08 marked Schedule "A" authorizing the Mayor and the Clerk to execute the Letter of Agreement with the Newcastle Fellowship Baptist Church be approved. CARRIED TENDER CL2008-19, SUPPLY AND HAULING GRANULAR MATERIAL Resolution #GPA-360-08 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report COD-032-08 be received; THAT Robert E. Young Construction Limited, Peterborough, Ontario, with a total bid price of $241,322.85 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2008-19, be awarded the contract for the Supply and Hauling of Granular Material; and THAT the funds expended be drawn from the Department of Operations, various 2008 Operations Road Maintenance and Construction budget. CARRIED CL2008-12, MEARNS AVENUE & CONCESSION ROAD 3 RECONSTRUCTION Resolution #GPA-361-08 Moved by Councillor Woo, seconded by Councillor Foster THAT Report COD-034-08 be received; THAT Cobourg Development Services, Cobourg, Ontario with a total bid in the amount of $1,863,233.74 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of tender CL2008-12, be awarded the contract for the Mearns Avenue and Concession Road 3 Reconstruction as required by the Engineering Department; THAT funds required in the amount of $2,308,522.87 (which includes $1,863,233.74 tendering, consulting and contingencies and less the Region of Durham portion) be drawn from Engineering 2008 and 2007 Capital Accounts # 110-32-330-83208-7401 Mearns Avenue in the amount of $1 ,448,522.87 and # 110-32-330-83319-7401 Concession Road 3 in the amount of $860,000.00; - 1.6 - 416 General Purpose and Administration Committee Minutes June 2, 2008. THAT the tender award be subject to the approval of the Regional Municipality of Durham for their portion of the work; and THAT the By-law attached to Report COD-034-08 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED FINANCE DEPARTMENT DEVELOPMENT CHARGES AMENDMENT STUDY AND BY-LAW 2008 Resolution #GPA-362-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report FND-012-08 be tabled for one week to address the comments received at the public meeting. CARRIED CHIEF ADMINISTRATIVE OFFICE There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS PRESENTATION - SENES - REGARDING AIR EMISSIONS STANDARDS Resolution #GPA-363-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the presentation from SENSES be received with thanks. CARRIED DELEGATION - RICHARD WARD - TAXES Resolution #GPA-364-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the delegation of Mr. Richard Ward be received. CARRIED -17 - 417 General Purpose and Administration Committee Minutes June 2, 2008 DELEGATION - KRISTIN ROBINSON - HEALTH STUDIES ON PROPOSED EFW FACILITY Resolution #GPA-365-08 Moved by Councillor Foster, seconded by Councillor Novak THAT the delegation of Ms. Kristin Robinson be received with thanks. CARRIED Councillor Novak chaired this portion of the meeting. OTHER BUSINESS NUCLEAR NEW BUILD - DARLINGTON GENERATING STATION 'B' Resolution #GPA-366-08 Moved by Mayor Abernethy, seconded by Councillor Hooper WHEREAS the Government of Ontario is preparing to make an important decision pertaining to the location of new nuclear reactors; WHEREAS the past and present Council of the Municipality of Clarington supports nuclear energy; WHEREAS the Municipality of Clarington has enjoyed a long-standing, positive, open, transparent and mutually supportive relationship with Ontario Power Generation (OPG) and is confident in OPG's safe and reliable operation of the Darlington Generating Station; NOW THEREFORE BE IT RESOLVED THAT the Premier of the Province of Ontario and the Provincial Minister of Energy be advised that the Council of the Municipality of Clarington fully supports Nuclear New Build at the Darlington Generating Station "B" site; AND FURTHER THAT this resolution be forwarded to the Province of Ontario and to the Regional Municipality of Durham. CARRIED - 18 - 418 General Purpose and Administration Committee Minutes June 2,2008 COMMUNICATIONS CORRESPONDENCE - VALIANT PROPERTY MANGEMENT - REGARDING REPORT FND-012-08 Resolution #GPA-367-08 Moved by Councillor Foster, seconded by Councillor Robinson THAT the correspondence from Valiant Property Management Regarding Report FND-012-0B be referred to the Director of Finance. CARRIED CORRESPONDENCE - DURHAM REGION HOME BUILDERS ASSOCATION - REGARDING REPORT FND-012-08 Resolution #GPA-368-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the correspondence from the Durham Region Home Builders Association be referred to the Director of Finance. CARRIED CORRESPONDENCE - WILMOT CREEK - REGARDING REPORT FND-012-08 Resolution #GPA-369-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the correspondence from Wilmot Creek be referred to the Director of Finance. CARRIED CORRESPONDENCE - SUSAN & DEREK BORDENS, MELODIE & SHAWN MUIR- REGARDING REPORT PSD-050-08 Resolution #GPA-370-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the correspondence from Susan and Derek Bordens and Melodie and Shawn Muir be referred to the Director of Planning Services. CARRIED .19 . 419 General Purpose and Administration Committee Minutes June 2, 2008 ADJOURNMENT Resolution #GPA-371-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 4:00 p.m. MAYOR CARRIED DEPUTY CLERK - 20 - 420 DRAFT LIST OF DELEGATIONS GPA Meeting: June 16, 2008 (a) Jaison Gibson, Regarding Free Speech and Civil Disobedience (b) Perpetua Quigley, Regarding Free CPR Training in all High Schools in the Municipality of Clarington (c) Tom McKee, Regarding Report PSD-060-08 (d) Wayne Clarke, Durham Region Home Builders Association, Regarding Addendum to Report FND-012-08 (e) Kelvin Whalen, Kaitlin Group, Regarding Addendum to FND-012-08 (f) Richard Ward, Regarding Suspending Actions Pending Request for Criminal Investigation 601 CJNi!Jgton I DEVELOPMENT APPLICATION BY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING PUBLIC MEETING REPORT # PSD-059-08 PRESTOHVALE ROAD LAND CORPORATION PRESTONVALE ROAD LAND CORPORATION AN APPUCATlON TO AMEND THE ZONING BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The prop.osed Zoning By-law Amendment submitted by Prestonvale Road Land Corporation would pennlt a portion of the draft approved Plan of Subdivision to permit single detached dwellings with garage projections beyond the c1weHing's front wall or covered porch projection and garage widths in excess of 40% of the width of the lot frontage as currenUy required by the Zoning By-law: The subject Pl:OpertY is located in Part Lots 32 & 33, Concession 2, and part of the road allowance between Lots 32 and 33, Concession 2,former Township of Darlington at Oke Road and Rex Tooley Lane in Courtlce as shown on reverse. . The Municipality of Clarington has deemed the above-noted application complete. Planning File No.: ZBA2008-0009 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, ~une 16, 2008 TIME: 9:30 a.m. . PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanvllle, 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 June 23, 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, June 18, 2008 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to be notified of subsequent meetings or the approval of the proposed zoning by-law amendment or of the refusal of a request to amend the zoning by-law, you must make a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 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, 311I Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Susan Ashton at (905) 623-3379 extension 218 or bye-mail atsashtontCllclarinoton.net . APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington Planning Services Department before the proposed zoning by-law amendment is approved, the person or public body is n9t entitled to appeal the decision of Clarington Council to the Ontario Municipal Board. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed zoning by-law amendment is approved, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. Dated at the Municipality of Clarington this 23rd day of May 2008. David Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 701 I -- - y: : I::U R ,- "" ~ ~~ . - = ~I~- ~ I- Z w :::E me oZ oW, o:::E cQcC ~~ <C..;.. mal NO Z Z '0 N ,e- o ,0 " c j CD iii > c o - II) e D. Ii~@ ~.. :Ii c o I -' ~ !. e ,D. - ~ I or ~ i.: CD C ~ :..J U:. ~~ '/ J Ff '""d::!' "~~ ~.. 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OVo~ ---- J L- I .. ~ I I - I ' i 'J' " " - '" -- 3?\tANOJ.S3~cJ -- I f-- 702 CJiJLiggton CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF OPEN HOUSE AND PUE PUBLIC MEETING REPORT # PSD-060-08 MUNICIPALITY OF CLARINGTON I MUNICIPALrTY OF CLARINGTON GENERAL AMENDMENT TO ZONING BY-lAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, as amended. The Municipality of Clarington is proposing a General Amendment to Zoning By-law 84-63. The amendment proposes new regulations for: · the parking of trailers and recreation vehicles on residential lots; · modifications to the regulations for Accessory Buildings and Structures and · modifications to the definition of cartage or transport depot. In accordance with Section 15.3.1 of the Official Plan, Aggregate Extraction Areas which have had their licenses surrendered will be rezoned in accordance with the underlying Official Plan designation. . Part Lot 23, Concession 3, Darlington . Part Lot 13, Concession 1, Clarke . Part Lots 27/28, Concession 7, Clarke . Part Lot 29, Concession 4, Darlington . Part Lot 15, Concession 2, Clarke . Part Lot 32, Concession 8, Clarke Planning File No.: ZBA 2008-0004 OPEN HOUSE The public is invited to attend a Public Open House for the General Amendment to Zoning By-law 84-63 to be held: DATE: TIME: PLACE: Thursday, June 12, 2008 6:30 p.m. to 8:30 p.m. (with a Presentation at 7:00 p.m.) Clarington Public Library, Bowmanville Branch, Mezzanine Room PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, June 16, 2008 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance Sl, 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, June 23, 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, June 18, 2008, to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law, Zoning By-law Amendment, or of the refusal of a request to amend the Zoning By-law, you must make a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 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, 3nl Floor, 40 Temperance Stree~ Bowmanville, Ontario L 1C 3A6, or by calling Tracey Webster at (905) 623-3379 extension 427 or bye-mail attwebster@.clarinaton.net. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington Planning Services Department before the proposed Zoning By-law or Zoning By-law Amendment is approved, the person or public body is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed Zoning By-law or Zoning By-law Amendment is approved, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. Dated at the Municipality of Clarington this ~ David Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clar/ngton 7''' day of May, 2008. 40 Temperance Street Bowmanvllle, Ontario L 1 C 3A6 703 C!![.i!JgtDn CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING PUBLIC MEETING REPORT # PSD-061-08 MUNICIPALITY OF CLARINGTON DEVELOPMENT APPLICATION BY: THE MUNICIPALITY OF CLARINGTON APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment under Sections 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed application for a Zoning By-law Amendment submitted by the Municipality of Clarington would permit the development of 4 single detached dwelling units on 15.0 metre lots fronting on George Reynolds Drive where the fire hall and parking area currently exists. It is. proposed that the existing fire hall be demolished. The remainder of the property will be zoned Environmental Protection and remain in the ownership of the Municipality. The subject property is located at 3289 Trulls Road, Courtice, Part Lot 30, Concession 3, former Township of Darlington, as shown on reverse. The Municipality of Clarington has deemed the above-noted application complete. Planning File Nos.: ZBA 2007-0011 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, June 16th, 2008 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday June 23rd, 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, June 18th, 2008 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to be notified of subsequent meetings or the approval of the proposed zoning by-law amendment or of the refusal of a request to amend the zoning by-law or draft plan of subdivision, you must make a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. A dditional 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 1C 3A6, or by calling Isabel Little at (905) 623-3379 extension 217 or bye-mail atilittle@c1arington.net. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington Planning Services Department before the proposed zoning by-law amendment is approved, the person or public body is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed zoning by-law amendment is approved, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, ther,e are reasonable grounds to add the person or public body as a party. unicipality of Clarington this 23rd day of May 2008. Dav d me, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3A6 704 CD u :e :s o o Q. III ::E c o ~ III U o ...I ~ 8- e Q. 1\1'" ".. N"7~ 'J"J~ $111.1# lj &, #1 "" # N"7~ Q1Ia/SI!UII 1\ ~ JC()" ~ I 1 lito - IIlldt .. ~ 11 .. JDO" I III I -."'" .. I 1 I f I I ! ~ I . . .. . . . ~I , I .W .. . , , .......... I -......... I CVOl:l Sll nl:ll , ~..= ~ .iB ..il1 . It!" : ~ or- - Or"". ..J ....:! · ."".' ,.=--..:..... ,. 6u!uapjM:.peOl:l ~ : d ...., -, ~. f Ill~ '" , Ii ;;;~- #1" JDO" l- e 0 Z - W Cl e ::E 'C ... C ra ... z [) 0 W ... 0 ::E 0 I c( ~ to- - - - ~ fti 0 N Q, < I :2 >- e to EO ::I N C) :E ~ i.: Z CI) 0 e N ~ 0 ~ w > a:: c en c ..J o Z >- W ~ W C) D::: o w C) 705 ~f!Jl-!!Jglon REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 16, 2008 Report #: PSD-059-08 File #: ZBA 2008-0009 By-law #: Subject: AMENDMENT TO THE ZONING BY-LAW TO PERMIT DWELLINGS WITH A VARIETY OF GARAGE PROJECTIONS AND GARAGE WIDTHS APPLICANT: PRESTONV ALE ROAD LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-059-08 be received; 2. THAT provided there are no significant issues raised at the Public Meeting, that the rezoning application submitted by Prestonvale Road Land Corporation be APPROVED; 3. THAT the amending By-law as shown in Attachment 2 be forwarded to Council for APPROVAL; 4. THAT a copy of Report PSD-059-08 and the attached amending By-law be forwarded to the Durham Region Planning Department; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. f; Submitted by: I~ David J. rome, M.C.I.P., R.P.P. Director of Planning Services ~ Reviewed by: ..// ;~ L- linWu, 7[J{ Chief Administrative Officer SA/CP/DJC/sh/av/df June 10, 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-059-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Prestonvale Road Land Corporation 1.2 Proposal: To rezone the subject lands from "Holding - Urban Residential Exception ((H)R2-44)" and "Holding - Urban Residential Exception ((H)R2-45)" to an appropriate zone to permit single detached dwellings with garage projections beyond the dwelling's front wall or covered porch projection and garage widths in excess of 40% of the width of the lot frontage. 1.3 Site Affected: Eighteen (18) lots with 1 0 metre frontages zoned ((H)R2-44) and thirty-three (33) lots with 12 metre frontages zoned ((H)R2-45). 1.4 Location: The subject lands are located in Courtice, east of Prestonvale Road and the majority of the application is on the north side of Oke Road (Attachment 1). The property is contained within Part Lots 32 and 33, Concession 2, and part of the former road allowance between Lots 32 and 33, Concession 2,in the former Township of Darlington. 2.0 BACKGROUND 2.1 On May 2, 2008 the applicant/owner submitted an application to the Municipality of Clarington to rezone the subject lots to change the permitted garage projections and garage widths on single detached dwellings within Draft Approved Plan of Subdivision S-C-2007 -0003. At this time there are no dwellings under construction as the applicant has not entered into a subdivision agreement with the Municipality nor has the Plan of Subdivision been registered. 2.2 In October 2007, S-C-2007-003 was considered by Council. Council recommended approval of the subdivision and approved the zoning by-law amendment to implement the Draft Plan of Subdivision. Shortly after receiving draft approval, the applicant's architect prepared house designs for the subdivision. The designs prepared complied with the Municipality's Architectural Control Guidelines but did not take into consideration the approved zoning. 2.3 The applicant had their sales brochures and marketing information printed for future purchasers. When the applicant began to prepare individual lot grading plans, it was noted that not all the dwellings would meet the Zoning By-law requirements. Due to the time and expense of re-designing, re-printing, and re-submitting for approval, the applicant has instead submitted the rezoning application for Council's consideration. 2.4 The applicant has a total of nine (9) models for this development. Four (4) of the models do not comply with the zoning requirements. One model for the 10 metre frontage lots (R2-44) does not comply for either garage projection beyond the dwellings front wall or covered porch, or garage width in excess of 40% of the width of the lot. Three models for the 12 metre frontage lots (R2-45) do not comply for garage width in excess of 40% of the width of the lot. 802 REPORT NO.: PSD-059-08 PAGE 3 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 Currently the draft approved lots for which the rezoning has been requested are vacant. 3.2 Surrounding Uses: North: South: East: West: urban residential -single detached dwellings vacant lands, draft approved for 61 single detached dwellings (S-C- 2007 -0009) urban residential - single detached dwellings urban residential - single detached dwellings 4.0 PROVINCIAL POLICIES 4.1 Provincial Policy Statement This application would be consistent with the Provincial Policy Statement. 4.2 Growth Plan This application would conform with the Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham ReQional Official Plan The Durham Regional Official Plan designates the land "Living Area" within the "Urban System". Lands designated "Living Areas" shall be predominantly used for housing purposes. The application seeks to change the site specific zoning for architectural design of the dwelling. The proposed use, single detached dwellings, will conform with the policies of the Durham Regional Official Plan. 5.2 ClarinQton Official Plan The Clarington Official Plan designates the land "Urban Residential" and is slated for low density development. Low Density development is for 10-30 units per net ha, and is predominantly for single detached and semi-detachedllink dwellings. Low density areas are generally internal to neighbourhoods and are not abutting arterial roads. The Clarington Official Plan also includes urban design principles which state that house designs should incorporate features such as prominent entrances and front porches, and that garages should not be the dominant feature of the streetscape or the house. While the proposal relaxes the requirements of the Zoning By-law to reduce the prominence of the garage, staff find that the application is in conformity with the Official Plan. 803 REPORT NO.: PSD-059-08 PAGE 4 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 as amended, zones the subject land "Holding - Urban Residential Exception (H(R2-44))" and "Holding - Urban Residential Exception (H(R2-45))". The applicant has applied to rezone a portion of the Draft Approved Plan of Subdivision to permit garage projections beyond the dwelling's front wall or covered porch projection, and garage widths in excess of 40% of the width of the lot frontage of 1 0 metres, as currently required by the Zoning By-law. 6.2 The zoning for this subdivision was approved in October 2007 as Holding - Urban Residential Exception (H(R2-44)) and "Holding - Urban Residential Exception (H(R2- 45)). These zones require that garage doors shall not be located any closer to the street line than the dwelling's front wall or exterior side wall or covered porch projection and in the "R2-44" zone only, that the outside width of the garage shall be a maximum of 40% of the width of the lot frontage. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. 7.2 At the writing of this report no written or verbal concerns had been received by the Planning Services Department. 8.0 AGENCY COMMENTS 8.1 All agencies/departments circulated this application had no objections or comments. 9.0 STAFF COMMENTS 9.1 Draft Approved Plan of Subdivision, S-C-2007-0003, is an infill subdivision comprised of a new section of Oke Road and Rex Tooley Lane. It is located between existing dwellings fronting on Prestonvale Road, Oke Road and Beechnut Crescent. Dwellings on Oke Road and Beechnut Crescent were constructed between 1988 and 1992. The zoning requirements at that time had no restriction on garage projections or on the maximum width of an attached garage. The dwellings on the east side of Prestonvale Road are currently under construction and are required to meet a maximum projection of 3 metres in front of the dwelling unit for an attached garage. There is no restriction on the maximum width of an attached garage. 804 REPORT NO.: PSD-059-08 PAGE 5 9.2 In 2002 the Municipality of Clarington introduced Architectural Control Guidelines to improve the aesthetics of residential subdivisions. More recently, the Municipality has been further regulating attached garages through stricter zoning requirements. 9.3 The subdivision is an infill development in a community that has developed over several years and has different housing styles in terms of garage projections and widths relative to the lot. The zoning amendment approved for this site provides a more restrictive requirement on garage projections. A number of the models comply with the more restrictive requirement and all comply with the Municipality's Architectural Control Standards. In consideration of the number of lots in question and the infill nature of this proposal staff have no objection to the requested changes provided that no significant issues are raised at the Public Meeting. 9.4 The "Urban Residential Exception (R2-44) Zone" for 10 metre frontage lots, requires that the garage door shall not be located any closer to the street line than the dwelling's front wall or exterior side wall or covered porch projection and that the outside width of the garage shall be a maximum of 40% of the width of the lot frontage. There are eighteen (18) 10 metre frontage lots, fronting on Rex Tooley Lane. Within the "R2-44" zone, there are three (3) models proposed by the builder. One (1) of these (shown below) does not comply with the attached garage requirements for garage projection and garage width. The proposed attached garage projection is 1.98 metres (6.5 ft) and the proposed garage width is 44% of the lot width. 9.5 Staff is proposing through the Zoning By-law Amendment in Attachment 2, a new exception zone for the 10 metre frontage lots that permits an attached garage projection of a maximum of 2.0 metres from the front wall of the dwelling or exterior side wall or the covered porch and a maximum garage width of 44% of the lot width (4.4 metres) for a maximum of 33% of the lots currently in the "R2-44" zone. Through the building permit review process, staff and the control architect for the Municipality, will track the number of permits issued to ensure that the 33% is not exceeded. 9.6 The "Urban Residential Exception (R2-45) Zone" for 12 metre frontage lots requires that garage doors shall not be located any closer to the street line than the dwelling's front wall or exterior side wall or covered porch projection. There are thirty-three (33) lots within this "R2-45" zone. 805 REPORT NO.: PSD-059-08 PAGE 6 9.7 Within the "R2-45" zone, the builder is proposing six (6) models. Of these six (6) models, the three (3) shown do not comply with the garage projection requirements. The model drawings propose that the garage would project beyond the front wall of the dwelling or the covered porch ranging from 1.12 metres (3.7 ft) up to 1.22 metres (4.0 ft). In the Zoning By-law Amendment contained in Attachment 2, staff proposes that a new exception zone for the lots with a minimum lot frontage of 12 metres permit a maximum garage projection of 1.25 metres from the front wall of the dwelling or exterior side wall or the covered porch for up to 50% of the lots zoned "R2-45". 9.8 Clarington Finance advises that for the subject lands all taxes have been paid satisfactorily. 806 REPORT NO.: PSD-059-08 PAGE 7 10.0 RECOMMENDATION 10.1 Based on the comments contained in this report, staff do not object to the rezoning application being APPROVED as shown in Attachment 2. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Prestonvale Road Land Corporation 807 '~~9~L .....~.... ~ .. ~~ "v . If~r ~.. V1~ --'"-. ~ -~ :;;..-nQ ~ ~~ ~~ \\ fiJ. ~ 699 L-I' '< / .. ' ~S~ ~ gS >1:)( . Wc'tz J.lIr4 r ,!:,S " 'i!-. lD1 "". .. L. U1:l I. 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I I ~ '--- I 808 ' Attachment 2 To Report PSD-059-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA2008-0009; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto the following new Special Exception 13.4.63 as follows: "13.4.63 URBAN RESIDENTIAL EXCEPTION (R2-63) ZONE Notwithstanding Section 13.1 those lands zoned "R2-63" on the attached Schedule to this By-law shall be subject to the following zone regulations: a. Lot Area (minimum) 300 square metres b. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot 1 0 metres 13.3 metres c. Yard Requirements (minimum) i) Interior Side Yard with attached private garage or carport 1.2 metres on one side and 0.6 metres on the other side; without an attached garage or carport 0.6 metres on one side and 3.0 metres on the other side 6.0 metres to private garage or carport and 4.5 metres to a dwelling ii) Exterior Side Yard d. Lot Coverage of one and (maximum) i) Dwelling ii) Total a half-storey and two storey dwelling 40 percent 45 percent e. Lot coverage of single-storey dwelling (maximum) i) Dwelling ii) Total 45 percent 50 percent f. Attached Garage Requirements (maximum) i) All garage doors shall not be located any closer to the street line than the dwelling's front or exterior wall or covered porch projection, except that 33% of the lots within the "R2-63" Zone may have garage doors project to a maximum of 2.0 metres from the dwelling's front wall or exterior side wall or covered porch; ii) In no case shall the garage door be closer than 6.0 metres from the front lot line or exterior side lot line; 809 iii) The outside width of the garage shall be a maximum of 44% of the width of the lot frontage for a total of 33% of the lots zoned "R2-63". iv) Except as provided for f) (iii) above, the outside width of the garage shall be a maximum of 40% of the width of the lot frontage. " 2. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto the following new Special Exception 13.4.64 as follows: "13.4.64 URBAN RESIDENTIAL EXCEPTION (R2-64) ZONE Notwithstanding Section 13.1 those lands zoned "R2-64" on the attached Schedule to this By-law shall be subject to the following zone regulations: a. Yard Requirements (minimum) i) Exterior Side Yard 6.0 metres to private garage or carport and 4.5 metres to a dwelling b. lot Coverage (maximum) i) Dwelling ii) Total 40 percent 45 percent c. Attached Garage Requirements (maximum) i) All garage doors shall not be located any closer to the street line than the dwelling's front or exterior wall or covered porch except that 50% of the lots zoned "R2-64" may have garage doors project to a maximum of 1.25 metres from the dwelling's front wall or exterior side wall or covered porch; ii) In no case shall the garage door be closer than 6.0 metres from the front lot line or exterior side lot line." 3. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Exception ((H)R2-44) Zone" to "Holding - Urban Residential Exception ((H)R2-63) Zone", and "Holding - Urban Residential Exception ((H)R2-45) Zone" to "Holding - Urban Residential Exception ((H)R2-64) Zone", as illustrated on the attached Schedule "A" hereto. 4. Schedule "A" attached hereto shall form part of the By-law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor p'; L. Barrie, Clerk 810 This is Schedule "A" to By-law 2008- passed this day of , 2008 A.D. , o ~ ~ lJ.J ...J ~ 2 o l- t/) lJ.J ~ a. "/-' ~ / Ie I if; 1;1; I if; ...... "1~\\-1. '\ , ~\ ~ , \ \ '-', \ .'-., J ~ EZZI Zoning Change From "(H)R2-44" To "(H)R2-63" Zoning Change From "(H)R2-45" To "(H)R2-64" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ~ J 811 Cl!J!.mgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 16, 2008 Report #: PSD-060-08 File #: ZBA 2008-0004 By-law #: Subject: MUNICIPALITY OF CLARINGTON GENERAL AMENDMENT TO ZONING BY -LAW 84-63 RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-060-08 be received; 2. THAT the proposed changes to By-law 84-63 continue to be reviewed to address outstanding issues and any concerns raised at the public meeting; and 3. THAT the interested parties listed in this report be advised of Council's decision. Submitted by: Da i . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: duo--- L/ ' Franklin Wu, ./0 c ' Chief Administrative Officer TW/CP/DJC/df 10 June 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 812 REPORT NO.: PSD-060-08 PAGE 2 1.0 BACKGROUND 1.1 On September 24, 2007, Council adopted a Resolution #C-488-07 directing staff to proceed with a Zoning By-law amendment allowing recreation vehicles to be parked within a garage; restrict the size and number of the recreational vehicles parked and/or stored on a residential property; and to provide limited timeframes for vehicles that are larger than a proposed size. 1.2 The direction to regulate recreational vehicles was a result of resident complaints regarding the parking of recreational vehicles on private residential properties. Through the Clerk's Department investigation, it was determined that the most effective way to regulate recreational vehicle parking was by amending the Zoning By-law. 1.3 Currently the Municipality's Zoning By-law has no specific regulation for recreational vehicles in residential areas. 1.4 In addition to providing regulations for recreational vehicles and trailers, this amendment proposes a number of other changes as follows: . Modifications to regulations for Accessory Buildings and Structures and Uses based on current trends in minor variance applications and changes brought forward by other local municipalities. . A modification to the definition of cartage or transport depot is also contemplated. . In accordance with Section 15.3.1 of the Official Plan, Aggregate Extraction Areas which have had their licenses surrendered will be rezoned in accordance with the underlying Official Plan designation. This last item is considered a housekeeping item. 2.0 PUBLIC NOTICE AND SUBMISSIONS 2.1 Notice of the public meeting was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. Notice was placed in the Clarington This Week on May 16, 2008 and the Orono Times on May 21,2008. 2.2 Numerous general inquiries were received from the public. One gentleman indicated that he was happy with the proposed regulations for parking recreational vehicles in a driveway as his neighbour's motor home extends over the boulevard. Another gentleman suggested larger recreational vehicles and trailers be permitted in a driveway for one week per month rather than the proposed 72 hours. 2.3 In addition to the Public Meeting, staff will host a public information centre on June 12, 2008, after the writing of this report, to present the proposed amendment to the public and receive feedback. 813 REPORT NO.: PSD-060-08 PAGE 3 3.0 AGENCY COMMENTS 3.1 The proposed Zoning By-law Amendment was circulated to relevant agencies for comment. The Clarington By-law Enforcement Division is finalizing their review and comments on the proposed Zoning By-law Amendment. 3.2 The Central Lake Ontario Conservation Authority and the Ganaraska Region Conservation Authority offered no objections to the proposed amendment. 3.3 The Region of Durham Planning Department indicated that the proposed Aggregate Areas to be rezoned are already removed from the Durham Regional Official Plan. Section 9D.2.2 of the Durham Regional Official Plan indicates aggregate resource extraction areas no longer licenced shall only be used for those uses permitted within "Prime Agricultural Areas", and within the "Greenlands System". The section further indicates the respective Zoning By-laws be appropriately amended. The five aggregate extraction areas proposed to be rezoned all have their licence cancelled, surrendered, or revoked. Thus, the proposed amendment conforms to the Regional Official Plan. This application has been screened in accordance with the terms of the Provincial plan review responsibilities. There are no matters of Provincial interest applicable to this proposed general amendment to Zoning By-law 84-63. 3.4 The Clarington Building Division requested that all accessory buildings and structures have a minimum height of 4 metres in order to accommodate an adequate roof slope on buildings or structures with standard height walls and a width in excess of 3.4 metres. It was also noted that townhouse lots with frontages of 6 metres and rear lanes may not be able to accommodate a detached garage within 10 per cent of the total lot area. If the 10 per cent lot coverage is approved, and 6 metre wide lots are .contemplated in the future, it may be necessary to implement site specific zoning to provide adequate lot coverage for detached garages. 3.5 The Clarington Engineering Services Department does not endorse or advocate the construction of accessory structures with a setback of less than 1.2 metres. To facilitate maintenance of the structures, fences, adjacent landscaping and drainage swales a setback requirement of 1.2 metres needs to be maintained. Current Municipality of Clarington Design Criteria for storm drainage in urban residential areas allows tributary drainage areas of up to 0.1 hectares. The Municipality's guideline for swales provides for 150 mm in depth and with appropriate side slopes. Proper accommodation of many drainage swales warrants a setback of 1.2 metres in order to facilitate construction of a drainage swale that is not only adequately sized but that also provides ease of maintenance to a residential property owner. In addition to the above-noted comments we would also advise that many of the currently permitted zoning setbacks within urban residential areas are not compatible with the Municipality of Clarington Design Criteria for lot grading. They request that in conjunction with the review process for these proposed amendments that a general review of urban residential setbacks be undertaken. 814 REPORT NO.: PSD-060-08 PAGE 4 All other concerns have been addressed through adjustments to the proposed modifications. 4.0 STAFF COMMENTS 4.1 Trailer and Recreational Vehicle ParkinQ in Residential Zones 4.1.1 It is proposed that trailers and recreational vehicles not exceeding 2.4 metres in height and 5.5 metres in length may be parked on a driveway in an urban rf3sidential zone. Trailers exceeding this size may be parked in a driveway for not more than 72 hours in one month provided a setback of 0.5 metres from the property line is maintained. This recognizes that residents need adequate time to prepare for a vacation while protecting sidewalks from obstructions. 4.1.2 Other than the driveway, parking and storage of recreational vehicles is limited to the side and rear yards. In an urban residential zone the size is restricted to 6 metres in length and 2.9 metres in height. Given the significant size of these vehicles it is appropriate to limit there size as they could impact adjacent properties similarly to an accessory structure. 4.1.3 Storage of trailers or recreational vehicles is not limited to size or number provided they are within a permitted accessory building or structure. However, in an urban residential zone, only one trailer or recreation vehicle is permitted to be stored or parked in the open. In rural residential zones and agricultural zones two are permitted. 4.1.4 The regulation for visibility triangles has also been modified to ensure trailers or recreational vehicles are not parked or stored within a visibility triangle on a corner lot. 4.1.5 A definition of Recreational Vehicle is proposed to include all recreational trailers, snowmobiles, boats, personal watercraft, and all-terrain vehicles. Definitions are also proposed to distinguish between urban and rural residential zones. 4.1.6 The proposed regulations will make it difficult for residents in urban residential zones to legally store large recreational vehicles and trailers on their property. Many urban lots would not accommodate access to the side and rear yards for storage. As such, there will be an increased demand for storage facilities. Currently there are a number of outdoor storage facilities for recreational vehicles which are operating without the appropriate zoning in place. The By-law Enforcement Division has been in contact with these facilities to advise that their properties must be brought into compliance with the Zoning By-law. 4.2 Accessory BuildinQs. Structures and Uses 4.2.1 Currently Zoning By-law 84-63 ties the total lot coverage permitted for accessory buildings and structures to 40 percent of the main building total floor area. The application of this regulation has not been easy for the general public to apply as they first must determine the floor area of their dwelling. This can be particularly difficult in 815 REPORT NO.: PSD-060-08 PAGE 5 the case of a finished basement. The floor area of a finished basement can only be applied if at least half of the basement walls are above the average finished grade level on the exterior of the dwelling. This is also difficult for staff to confirm without undertaking site inspections. 4.2.2 To simplify this regulation, lot coverage is proposed to be 10% of the total lot area for residential, agricultural and public uses. Fifty percent of the ground floor area is proposed as lot coverage for commercial and industrial zones. It should be noted that in agriculture zones, barns are not an accessory structure. In consideration of larger lot sizes, a cap on the permitted floor area is proposed at 90 m2 (969 sq. ft.) for rural residential or agricultural zones and 60 m2 (646 sq. ft.) for all urban residential zones and all other zone categories. The 90 m2 maximum is also consistent with By-law 109-2005 for the Oak Ridges Morraine. The maximum lot coverage for both the principle and accessory buildings and structures of the respective zone category also applies. 4.2.3 Currently the maximum height permitted for accessory buildings and structures is 5 meters. It was assumed in the past that this height would limit the potential for a second storey or loft area in an accessory structure. However, second stories and loft spaces have been accomplished through creative design. In some instances the massing of such structures has not been appropriate, particularly in an urban residential area with smaller lots. In order to refine the height requirement, a maximum height of 3 metres is proposed for buildings and structures with floor areas less than 10m2 (107 sq. ft.). For all other accessory buildings or structures in urban residential zones, a maximum height of 4 metres is proposed. All other zones would allow a maximum height of 4.5 metres. 4.2.4 The most significant change is a proposed side and rear setback of 0.6 metres in an urban residential zone as opposed to the current 1.2 metres. A reduction in these yards is a typical minor variance request and is consistent with the setbacks permitted in many other Municipalities across the Province. The setback is currently measured from the eaves and gutters which is difficult to determine on most surveys that illustrate building footprints. In order to recognize the 0.6 metre setback from the wall, a maximum projection of 0.3 metres into the setback is allowed for eaves and gutters. This is a consistent approach with how setbacks are defined for dwellings. 4.2.5 A new exterior side yard setback of 1.2 metres is also proposed for all accessory buildings and structures with the exception of a detached garage. This will be particularly beneficial for residents who wish to install a swimming pool on a corner lot. Currently, a minor variance to reduce the exterior side yard is often required in order to install a swimming pool. 4.2.6 An exclusion of trailers or portable buildings from being used as accessory structure has also been added. The use of these structures has been a source of numerous complaints due to their aesthetic quality. 816 REPORT NO.: PSD-060-08 PAGE 6 4.2.7 Section 3.16 f) permits buildings for the parking or storage of buses and commercial motor vehicles to have a 150 m2 floor area on a non-farm related residential lot in an agricultural zone. This would be a "loophole" around the proposed changes for the size of accessory buildings, as it is difficult to determine if buildings proposed under this section will actually be used for the intended purpose. Staff therefore propose that this section be deleted. Any proposed building for this purpose would need to proceed by site-specific Zoning Amendment. 4.3 Cartaoe or Transport Depot 4.3.1 The Zoning By-law currently contains two similar definitions for one land use: one for "Cartage or Transport Depot" and a second for "Transport or Cartage Depot". A technical amendment is proposed to consolidate these land use definitions and to require that a "Cartage or Transport Depot" must have a building constructed. This is to ensure that the lands could not simply be developed as a parking lot. 4.4 Aooreoate Extraction Areas 4.4.1 Section 15.3.1 of the Clarington Official Plan indicates that the Municipality will amend the Zoning By-law to delete aggregate extraction and associated uses once the aggregate extraction licence is revoked or surrendered. The overlay Aggregate Extraction Area designation is deleted from the Official Plan, without the need for a formal amendment, leaving the underlying permanent designation. 4.4.2 Six properties have had their licences surrendered and it is now appropriate to rezone those in accordance with the corresponding Official Plan designation. The location of the properties is contained in Attachment 4. 5.0 CONCLUSIONS 5.1 It is recommended that the Application to Amend the Zoning By-law continue to be reviewed to address outstanding issues and concerns raised at the Public Meeting. Attachments: Attachment 1: Proposed Modifications dealing with recreational vehicles and trailers Attachment 2: Proposed Modifications dealing with accessory buildings and structures Attachment 3: Proposed Modification to cartage or transport depot definition Attachment 4: Location of Aggregate Extraction to be rezoned 817 REPORT NO.: PSD-060-08 PAGE 7 List of Interested Parties to be notified of Council's decision: Tim and Sandra Kerns 1. Major Stephen Uriadka Steve Burt Bill Rapanos Linda VanGestel Everette DeHart Brian Cullen Dave McCargar Steve Bobas Mike Bilsky Uriadka Mykola Durya Persaud David Wallace Barber Mike and Melissa Girard Shawn Deegan Leslie Ellen Hung Alice McKeen Adam James Stephenson 818 Attachment 1 To Report PSD-060-08 PROPOSED MODIFICATIONS DEALING WITH RECREATIONAL VEHICLES AND TRAILERS Section 2 Definitions Add or modify the following definitions DRIVEWAY Shall mean the portion of a lot extending to the streetline, designed to provide motor vehicle access from the lot to the traveled portion of the street, private road or lane. RECREATIONAL VEHICLE A motorized or non-motorized vehicle that is used predominantly for recreational purposes, including mobile recreational trailers, snowmobiles, boats, personal watercraft and all-terrain vehicles. RESIDENTIAL ZONE Shall mean an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Y.fbnn Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exception Zones to any of these zones provided in the aforesaid By law 84-63. Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone, Residential Hamlet (RH) Zone, Residential Mobile Home (RM) Zone, Residential Shoreline (RS) Zone, Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exception Zones to any of these zones provided in the aforesaid By-law 84-63. RURAL RESIDENTIAL ZONE Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone, Residential Hamlet (RH) Zone, and Residential Shoreline (RS) Zone, and the term includes Special Exception Zones to any of these zones provided in the aforesaid By-law 84-63. URBAN RESIDENTIAL ZONE Shall mean an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exception Zones to any of these zones provided in the aforesaid By-law 84-63. 3.16 m. RECREATIONAL VEHICLE AND TRAILER PARKING IN RESIDENTIAL ZONES The following regulations apply to parking of recreational vehicles and trailers: 819 i) Driveway a) A recreational vehicle or trailer, and any load thereon, not exceeding 5.5 metres in length or 2.4 metres in height may be parked on a driveway in an urban residential zone. b) A recreational vehicle or trailer, and any load thereon, exceeding 5.5 metres in length or 2.4 metres in height may be parked on a driveway in an urban residential zone for a period not exceeding 72 hours in one calendar month with a minimum setback of 0.5 metres from the street line. c) A recreational vehicle or trailer, and any load thereon, may be parked on a driveway in a rural residential zone and Agricultural (A) Zone. ii) Storage Storage or parking of trailers or recreational vehicles shall be permitted within a garage, carport or other permitted accessory structure. iii) Location a) The parking or storage of a recreational vehicle or trailer, and any load thereon, not exceeding 6 metres in length or 2.9 metres in height shall be permitted in any side yard or rear yard in an urban residential zone. b) The parking or storage of a maximum of two (2) recreational vehicles or trailers, and any load thereon, shall be permitted in any side yard or rear yard in a rural residential zone and Agricultural (A) Zone, or any exception zone thereto. iv) Number a) The owner may not store or park in the open more than one recreational vehicle or trailer, and any load thereon, on a lot in an urban residential zone. b) The owner may not store or park in the open more than two (2) recreational vehicles or trailers, and any load thereon, on a lot in a rural residential zone and Agricultural (A) Zone, or any exception zone thereto. 3.22 SIGHT VISIBILITY TRIANGLES On a corner lot, within the triangle space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 7.5 metres measured along the street line from the point of intersection of the street 820 lines, no motor vehicle, as defined in the Highway Traffic Act, as amended, recreational vehicle or trailer, and any load thereon, shall be parked or stored, no building or structure which would obstruct the vision of drivers of motor vehicles shall be erected, and, no land shall be used for the purposes of growing shrubs or trees in excess of 0.75 metres in height. 821 Attachment 2 To Report PSD-060-08 PROPOSED MODIFICATION DEALING WITH ACCESSORY BUILDINGS AND STRUCTURES 3.1 ACCESSORY BUILDINGS, STRUCTURES AND USES a. PERMITTED USES Where this By-law provides that a lot may be used or a building or structure may be erected or used for a purpose, that purpose shall include any accessory building or structure or accessory use, but shall not include the following: i) any occupation for gain or profit conducted within or accessory to a dwelling unit or on such lot associated therewith, except as is specifically permitted in accordance with this By-law; or ii) any building used for human habitation except as is specifically permitted in accordance with this By-law; or iii) a maximum of three (3) coin-operated pinball or video machines or other electronically or mechanically coin-operated entertainment machines as accessory uses within a Commercial zone. b. RELATION TO STREET A permitted accessory building or structure may be located between the principal or main building on the lot and the streetline, provided such accessory building or structure complies with the yard and setback requirements of the Zone in which such building or structure is located. c. RELATION TO PRINCIPLE OR MAIN BUILDING - DELETED c. LOT COVERAGE The total lot coverage of all accessory buildings and structures, except swimming pools, shall not exceed: forty percent of the m3in building tot31 floor area, or 40 percont of tho prescribed minimum floor area for a residential dwolling within the applicable zone, whichever is greater, nor, shall the height of 3ny accessory building or structure exceed 5.0 metres i) Ten percent of the total lot area in a residential or agricultural zone. ii) Fifty percent of the ground floor area of the principal building in a commercial or industrial zone. iii) Ten percent of the lot area for Public Uses. d. FLOOR AREA The total floor area for accessory buildings and structures shall not exceed: 822 i) 90 m2 accessory to a dwelling in a rural residential or agricultural zone. ii) 60 m2 in all other zones. e. HEIGHT The total height for accessory buildings and structures shall not exceed: i) 3 metres for buildings or structures with a floor area less than 10m2; ii) 4 metres in an urban residential zone; and iii) 4.5 metres in any other zone. f. ACCESSORY BUILDINGS FOR SCHOOL BUSES OR COMMERCIAL MOTOR VEHICLES In the case of an accessory building being used for the parking or storage of school buses or commercial motor vehicles on a non f-arm related residential lot in an agricultural zone, the maximum height of such accessory building shall be 5 metres and the total floor area for all accessory buildings shall not exceed 150 square metres. g. BOAT HOUSE, PUMP HOUSE OR DOCKING FACILITIES Notwithstanding any other provision of this By-law to the contrary, a boat house, pump house or docking facilities may be erected and used in the required yard of a lot abutting a navigable waterway, provided, such accessory buildings or structures comply with all other side yard requirements of the respective zone. h. INTERIOR SIDE YARD, REAR YARD AND EXTERIOR SIDE YARD REQUIREMENTS Where an accessory building or structure is located in an interior side or rear yard it shall not be closer to the interior side lot line or the rear lot line than ~ metres 0.6 metres in an urban residential zone and 1.2 metres in all other zones to the interior side lot line or rear lot line. An accessory building or structure, other than a detached garage, located in an exterior side yard shall not be closer than 1.2 metres to the exterior side lot line in an urban residential zone. A detached garage shall comply with the zone minimums for permitted residential use. i. GATE HOUSE IN INDUSTRIAL ZONE Notwithstanding the yard and setback provisions of this By-law to the contrary, in an industrial zone, a gate house shall be permitted in a required front or side yard or in the area between the street line and the required setback, but in no instance 823 shall such gate house be located closer than 1.25 metres to the street line or in a sight triangle. j. MOTOR VEHICLE FUEL BAR SHELTER Notwithstanding the yard and setback provisions of this By-law to the contrary, in the service station commercial zone, a fuel bar shelter shall have a total floor area of not more than 9 square metres. k. YARD REQUIREMENTS Notwithstanding the yard and setback provisions of this By-law to the contrary, every part of any yard to be provided in all zones shall be open and unobstructed by any structure from the ground to the sky, except for the following: i) sills, belt courses, cornices, chimney breasts, bay windows, cantilevered floor areas, pilasters or parapets may project into any yard to a distance of not more than 0.75 metres; ii) eaves or gutters, for other than an accessory building or structure, may project into any required yard a distance of not more than 0.75 metres; iii) eaves or gutters for an accessory building or structure may project into any required yard 0.3 metre; iv) balconies, canopies, unenclosed porches, steps or patios may project into any required front, side, or rear yard to a distance of not more than 1.5 metres, but in no instance shall a required side yard be reduced to below 1.2 metres. v) fire escapes may project into any required side or rear yard to a distance of, not more than, 1.5 metres; vi) fences, freestanding walls, flag poles, clothes poles, diving boards, antennae, light standards, and similar accessory structures and appurtenances, and hedges, trees, and shrubs are permitted, but in the case of a residential interior lot line situated in any residential zone, no structure, hedge or obstruction that is more than 0.75 metres in height is permitted within 3 metres of any street line where such structure, hedge or obstruction will impede vision between a height of 0.75 metres and 2.5 metres above the centreline grade of an access from any improved public street to any lot. I. EXCLUDED USES No trailer or portable building shall be used as an accessory structure. 824 Attachment ~ To Report PSD-060-m PROPOSED MODIFICATION TO CARTAGE OR TRANSPORT DEPOT DEFINITION CARTAGE OR TRANSPORT DEPOT Shall mean a building, structure or place INhere trucks or tractor trailers are rented, leased, kept for hire, or stored or parking for remuneration, or from which trucks or transports, stored or parked on the proporty, are dispatched f-or hire as common carriers. TR/\NSPORT OR CARTAGE DEPOT Shall mean a building or structure or lot '/o'here transport vehicles are kept for hire, rented or leasod, or stored or parked for remuneration, or from 'Nhich transport vehicles are dispatched for hire as common carriers and may include a warehouse, but shall not include any other use or activity other.vise defined or classified in this By law. CARTAGE OR TRANSPORT DEPOT Shall mean a building or structure and lot where transport vehicles are kept for hire, rented or leased, or stored or parked for remuneration, or from which transport vehicles are dispatched for hire as common carriers and may include a warehouse, but shall not include any other use or activity otherwise defined or classified in this By-law. 825 ~ ~ ~ - J - I w i ---- ,.----- .....--- 1 - 9~ peo~ leuollla~ r-- - - '" 3 It: ~ III r--- l! ~ .. '" c .. Cl - SH/St ,(eM461H If! "r- g- e ~: r~ 0 - "::l I ~ ~>;t~ ~~ .... L - I "- fI'l~ 'f<:p r--- ~ -/ W< - LS peo~ leuol6e~ % ~ I I I ; I I I E : , ( I t= V/'/7A I ----- i' ( 1"'- '" 3 It: c /IL---~ ~ ( ~ 1 ~%l =If - ~ ~ Gl ~% ~ U ~ 0 0 I-- - - - peo~ 9:>lImo:> ---- --- I ~ IT""- 11 / / J - LS * \. 'II - '"'\ f .~ r- ~ '~J Gl :::: 'S; c:: Cll i o !Xl Attachment 4 To Report PSD-060-08 ~~~ C/) Cll'Gl U'Ol ~'Cll Gl:::: :c:S r \\ ,~ \ . 1 ~; , I , I , I , , J; l br{ / - C> ... >> =- ;- .c IL " \ l- I , /' 826 CJw:.#}gton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 16, 2008 Report #: PSD-061-08 File #: ZBA 2007-0011 By-law #: Subject: PROPOSED ZONING BY-LAW AMENDMENT BY THE MUNICIPALITY OF CLARINGTON FOR 3289 TRULLS ROAD NORTH IN COURTICE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-061-08 be received; 2. THAT the proposed amendment to Zoning By-law 84-63 to permit the development of four residential lots continue to be processed including the preparation of a subsequent report; and 3. THAT the Region of Durham, all interested parties listed in this report, and any delegations at the Public Meeting be advised of Council's decision. Submitted by: Reviewed by: AA~ ~ ~klin Wu, Chief Administrative Officer vi ~. Crome, M.C.I.P., RP.P. Director of Planning Services ILlFLlsh/df June 11, 2008 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 827 REPORT NO.: PSD-061-08 PAGE 2 1.0 PROPOSAL DETAILS 1.1 Proponent: The Municipality of Clarington 1.2 Rezoning: To change portions of the current zoning to permit the development of four residential lots with a minimum lot frontage of 15 metres each 0.95 hectares 1.3 Site Area: 2.0 LOCATION 2.1 The subject lands are located at the northeast corner of Trulls Road North and George Reynolds Drive, 3289 Trulls Road North, Courtice (Attachment 1). 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The south west portion of the property is currently occupied by the former Courtice Fire Station. To the east and north east of the parking lot is a wooded area which contains a portion of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland. 3.2 Surrounding Uses North - large lot residential South - 12 metre wide residential lots East - George Reynolds Parkette West - 12 metre wide residential lots 4.0 BACKGROUND 4.1 In November 2001 Council acquired a site at 2611 Trulls Road for a new fire station in Courtice. The new station opened in June of 2005. The building on the property subject to this application has been vacant since the new station was occupied. At a meeting held on September 25th, 2006, Council passed resolution #GPA-341-06 declaring the property identified as 3289 Trulls Road as surplus and offered for sale. 4.2 At a meeting held on March 26th, 2007 Council passed resolution GPA-278-07 authorizing the Chief Administrative Officer to make application for rezoning of the property, and to have the necessary reports prepared including an Environmental Site Assessment, an Environmental Impact Study, and engineering/survey plans. The funds to prepare the site for sale are to be drawn from the Municipal Acquisition Reserve Account. 828 REPORT NO.: PSD-061-08 PAGE 3 4.3 The application to amend Zoning By-law 84-63 for 3289 Trulls Road North was deemed complete on May 9th, 2008. The submission included a Phase 1 and Phase 2 Environmental Site Assessment and a draft Natural Heritage Evaluation. 5.0 PROVINCIAL POLICY 5.1 Provincial Policv Statement Planning authorities are required to provide for a range of housing types and densities. A ten year supply of designated residential lands and a three year supply of residentially zoned and serviced lands are required. New housing is to be directed to locations where infrastructure and public services are available. The application is consistent with the 2005 Provincial Policy Statement. 5.2 Provincial Growth Plan The Provincial Growth Plan directs growth to built-up areas where the capacity exists to best accommodate the expected population. The guiding principles include building compact, vibrant and complete communities while optimizing the use of existing and new infrastructure to support growth in a compact efficient form. This application for zoning amendment conforms with the Provincial Growth Plan. 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Reqional Official Plan The lands are designated Living Area within the Durham Regional Official Plan. Living Areas shall be used predominantly for housing purposes. A Key Natural Heritage and Hydrologic Feature is identified on the property. The application conforms to the Living Area policies and the environmental goals of the Durham Regional Official Plan. 6.2 Clarinqton Official Plan This property is designated Urban Residential and Environmental Protection in the Clarington Official Plan. The predominant use of lands designated Urban Residential shall be for housing purposes. Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment. As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity. The precise limits of these Areas are to be determined in consultation with the Conservation Authority. Central Lake Ontario Conservation has prepared a draft Natural Heritage Evaluation of the property which is discussed in Section 10 of this report. A tributary of Farewell Creek runs through the eastern portion of the property and the lot contains a Wetland and a Significant Valleyland. The wetland is a part of the Harmony- 829 REPORT NO.: PSD-061-08 PAGE 4 Farewell Iroquois Beach Provincially Significant Wetland and the limits are identified on Attachment 1. The application conforms to the Clarington Official Plan. 7.0 ZONING BY-LAW 7.1 The lands are zoned "Agricultural (A)" and "Environmental Protection (EP)" under Zoning by-law 84-63. The majority of the property is currently zoned Environmental Protection (Attachment 2). There is a small section of Agricultural zoning in the southeast corner and a larger section of EP zoning in the northwest corner. The fire station building and parking area are located within the EP zone boundary, as shown on Attachment 1. The station was constructed in 1979, prior to the approval of By-law 84- 63. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. Public Meeting signs were installed on the property along the Trulls Road and George Reynolds Drive frontages. No public inquires have been received on the proposal as of the writing of this report. 9.0 AGENCY COMMENTS 9.1 The application has been circulated to the appropriate department and agencies for comment. No agency responses have been received as of the writing of this report. 9.2 The Central Lake Ontario Conservation Authority has prepared a draft Natural Heritage Evaluation of the property which is discussed in Section 10 of this report. Any additional comments they may have on the application have not been received to date. 10.0 STAFF COMMENTS 10.1 Proposed Rezoning Attachment 2 depicts the proposed zoning changes to the former Town of Newcastle Comprehensive Zoning By-law 84-63. The area proposed for the four residential lots will be changed from Agricultural (A) and/ or Environmental Protection (EP) to (Holding) Urban Residential Exception (R1-70) Zone. The R1-70 zone will require the lot to be developed in accordance with today's urban design standards. The A zoning in the southeast corner abutting the Parkette will be changed to EP. A road widening is required along Trulls Road and George Reynolds Drive. This area will be rezoned from A to (H)R1-70 on the western portion. The remainder of the road widening will remain as it is currently zoned. 830 REPORT NO.: PSD-061-08 PAGE 5 10.2 Phase 1 and Phase 2 Environmental Site Assessment A Phase 1 Environmental Site Assessment was conducted in May of 2007. The results of the assessment indicated that there were low to moderate potential for environmental impacts to the property. Many years ago there was a spill of approximately 20 to 30 L of diesel fuel onto the ground near a former diesel fuel aboveground storage tank, and the contents of a corroded drum observed in an outdoor metal shed, could not be confirmed. As a result a Phase 2 Assessment was completed. The Phase 2 Assessment indicated that no evidence of petroleum contamination was observed, no combustible vapour concentrations were measurable during the shallow vapour survey, no evidence of petroleum vapour concentrations, odours or staining were detected during a teat pit program, and no evidence of petroleum impacts were detected during a water well decommissioning. The existing wells on the site were decommissioned as part of the Phase 2 Assessment. The report concluded that concentrations of petroleum parameters did not exceed the Ministry of Environment site condition standards. The property is suitable for planned future residential uses. 10.3 Natural Heritage Evaluation Central Lake Ontario Conservation assisted the Municipality by preparing a draft Natural Heritage Evaluation on the property. The report indicates that the eastern portion of the property has been identified as an area of high environmental sensitivity within the Authority's Environmental Sensitivity mapping project, that there is a provincially significant wetland on the property, and that the existing natural features have been classified under their Ecological Land Classification system. Authority staff state that a proposal for residential lots within the existing developed portion of the property could be supported. They recommend that appropriate fencing be installed along the boundary between lot 4 and the woodlot to limit intrusion into the natural features by the public and domestic pets, and that future homeowners be provided with a homeowners package which would describe the environmental sensitivity of the area and offer suggestions in regards to landscaping practices and other measures that could be undertaken to preserve the sensitivity of the surrounding natural areas. As the Natural Heritage Evaluation was submitted as a draft, additional comments may be provided when the final report is received. 10.4 Staff will continue to address any issues that may arise, as well as the Departmental and agency comments. 11.0 CONCLUSIONS 11.1 The purpose of this report is to satisfy the Public Meeting requirements under the Planning Act and taking into consideration the outstanding comments, staff respectfully request that this report be received and for staff to continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. 831 REPORT NO.: PSD-061-08 PAGE 6 Attachments: Attachment 1 - Location Map Attachment 2 - Proposed Rezoning Interested parties to be notified of Committee's decision: Max Vanderheide Lorraine Ioannou or Kim Thompson Helen and Steve Krawchuk Don Cram 832 Attachment 1 To Report PSD-061-08 en I- o -J o W en o Q. o 0:: Q. 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W' C)""" Z$.. c(::I: ::I:=- uO C)~ Z. _C( Z= o N C"O~ S"n~.1 ~~~ if w > i2 c tJ) C ..J o Z >- w 0:: w C) 0:: o w C) Attachment 2 To Report PSD-061-08 .133~.1S >t:>nCCld w (.) i= 0:: :::;) o (.) .. c <C o 0:: tJ) ..J ..J :::;) 0:: t- en co N ('I) W t- - tJ) Z o ~ tJ) w 0:: - LL W (.) - t- o:: :::;) o (.) 0:: W ::E 0:: o LL 83 Clw:-il1glon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 16, 2008 Report #: PSD-062-08 File #: COPA 2007-0007 & By-law #: ZBA 2007-0026 Subject: APPEAL OF OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND SITE PLAN CONTROL APPLICATION, FILES COPA 2007-0007, ZBA 2007-0026, SPA 2007-0021 APPLICANT: ADESA AUCTIONS CANADA CORPORATION AND IMPACT AUTO AUCTIONS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-062-08 be received for information; and 2. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Da I ~. Crome, M.C.I.P., R.P.P. Director of Planning Services j{ Reviewed by: //~. nklin Wu, ;kJ Chief Administrative Officer /U SNC P Ilw/df/sh June 9, 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-062-0S PAGE 2 1. On May 4, 2007, Adesallmpact Auto submitted applications to the Municipality of Clarington for the development of a motor vehicle re-marketing, auction and logistics facility. As part of the proposed development they required extensive outdoor storage for motor vehicles and thus requested an amendment to the policies of the General Industrial Area designation to increase the outdoor storage permitted from 50% to 70% of a 19 ha property. 2. A decision was made on April 7, 2008, by Clarington Council to deny the Official Plan Amendment and Zoning By-law Amendment applications. Council, in their decision, found the proposal to be an inappropriate development for the Courtice Industrial Area. A copy of Council's resolution in its entirety is contained in Attachment 2. 3. The applicant's subsequently appealed the decision on the Official Plan Amendment and Zoning By-law Amendment to the Ontario Municipal Board (OMB). The applicant has also appealed the site plan application, which did not require a Council decision, and was not approved, to the OMB and have requested the Board hold a consolidated hearing to consider all three applications at one time. A copy of the applicant's appeal letters are contained in Attachment 3 (Official Plan Amendment and Rezoning Appeal) and Attachment 4 (site plan appeal). 4. Municipal staff produced a report recommending approval of an official plan amendment and zoning by-law amendment for the Adesallmpact Auto site. As such, in addition to the municipal solicitor, Council will need to retain the appropriate consultants to defend the decision. The municipal solicitor will present a separate, confidential report to Council on this matter. 5. There were no other appeals of the applications from outside parties. 6. At this time, a date for an OMB hearing has not been set. Although the applicant had initially indicated that they did not believe this matter would benefit from a Pre-Hearing Conference, they have now stated that there may be benefit from a Pre-hearing conference. Attachments: Attachment 1 - Key Map Attachment 2 - Decision of Clarington Council Attachment 3 - Appeal Letter for Official Plan and Rezoning Amendments Attachment 4 - Appeal Letter for Site Plan Control Application 836 REPORT NO.: PSD-062-0S PAGE 3 Interested parties to be notified of Council and Committee's decision: Christl View Farms Limited Adesallmpact Auction Canada Corp. (Impact Auto Auction) Penalta Group Ltd. Valerie Cranmer & Associates Inc. Freeman Planning Solutions Inc. Dean Jowitt Neil Brown Lynn Meikle Mark Ulrich 1044971 Ontario Limited Cindy & Greg Watson 837 T f'\llC:l\';llIIltH II I o Report PSD-062-08 Q. ... o o C'llI "C- C'llI C c .2 C'llI- o U :::::J c< .2 0 - - U :::::J :::::J< <- C'llI U II) C'llI C>> Q. "C E <:::::.. - to- Z W :E <<)0 NZ eW e:E 1< ~!: ~:3 <>- COm NO z - z o N G> U 1: := o o - Q, la :E c o ;: la U o ..J ~ G> Q, o "" a.. _I Lor ,5 0 I _ TRU~ ROAD -I- I.. T. .... t"&..,, I 'Of , T o T ,5 1 ~:)~r;r'";~ I I) ~ o r - C C>> E "C C I'-- C>> e E e< e c I C'llI 1'--- eQ. e- N.! < .~ 0.= 00 U S - C) C .i: .! o ~ ~ ~ T" , : :.lly4 , ~ 4 8 .) '} .. - c C'llI .~ Q. Q. <I: ~ . N ~ . 0 . : r. . ,; J " .. " , .. Po - .. .. . . .. Attachment 2 To Report PSD-062-08 Council Meeting Minutes - 23- April?,2008 THAT provided there are no significant issues raised at the Public Meeting, the rezoning application submitted by Arnold Geisberger be approved and that the proposed Zoning By-law contained in Attachment 2 to Report PSD-034-08 be passed; and THAT the applicant, Region of Durham, Municipal Properties Assessment Corporation, all interested parties listed in this report and any delegations be advised of Council's decision. "CARRIED" Item #6 Resolution #C-183-08 Moved by Mayor Abernethy, seconded by Councillor Hooper WHEREAS the Clarington Council has duly considered the applications submitted by ADESA Auto Auctions Corporation (Adesa) and Impact Auto Auctions Limited (Impact) to amend the Clarington Official Plan and the Zoning By-law 84-63; WHEREAS the General Purpose and Administration Committee made a recommendation to Council to permit only "roadworthy" motor vehicles; WHEREAS the legal counsel for Adesa and Impact have advised by a letter dated April 2, 2008 that limiting the use to "roadworthy" motor vehicles was not acceptable to their operation; WHEREAS Council has concerns regarding potential environmental practices and potential for environmental contamination from the processing of 30,000 motor vehicles annually and the storage of up to 5,000 total loss (salvage) vehicles on the Adesallmpact site at any given time; WHEREAS the Courtice Urban Area currently has one salvage auto auction facility and one off-lease and dealer consignment auto auction facility and two auto recycling/salvage yard operations which comprise approximately 110 acres of lands; WHEREAS Council has concerns with respect to the opening of a new industrial area for a 47 acre auto auction facility for primarily salvage vehicles which in Council's view would stigmatize the area with respect to being able to attract other new industry; WHEREAS Council has concerns that the location of additional auction facilities could attract further auto wreckers and salvage operations to Courtice; WHEREAS the imminent opening of the new Courtice Water Pollution Control Plan provides the much needed municipal infrastructure to Clarington for the attraction of good industrial base for Clarington with the future extension of trunk sewer services; 839 Council Meeting Minutes - 24- April 7, 2008 WHEREAS, despite the efforts of Adesa and Impact to provide for the planned future road network, Council has concerns with respect to the orderly development of the Courtice industrial area through the approval of large, outdoor industrial use for salvage motor vehicles that is not in compliance with the intent of the Municipality's Official Plan; WHEREAS Council has concerns that the materials presented in support of the application and representations made to Council have not provided an accurate portrayal of the intent of applicant for the use of the lands for primarily salvage vehicles and the environmental practices followed on site; WHEREAS after duly weighing the materials provided by Adesa and Impact, the potential environmental issues, the stigma that would be placed on new industrial area and the potential impact on the orderly development of the Courtice industrial area on full municipal services, Clarington Council has determined that the approval of the Adesallmpact application is not in the public interest; THEREFORE BE IT RESOLVED: THAT Report PSD-035-08 be received; THAT the application to amend the Clarington Official Plan application submitted by ADESA Auctions Canada Corporation and Impact Auto Auctions Limited (File: COPA 2007 -0007) be refused; , THAT the application to amend Zoning By-law 84-63 submitted by ADESA Auto Auctions Corporation and Impact Auto Auctions Limited (File: ZBA 2007 -0026) be refused; and THAT the Region of Durham, the applicant and all interested parties listed in Report PSD-035-08 and any delegation be advised of Council's decision. "MOTION CARRIED ON THE FOLLOWING RECORDED VOTE" (Motion rescinded later in the meeting See Page 26) Council Member Yes No Declaration of Pecuniary Interest Councillor Trim ..J Councillor Woo ..J Councillor Foster "' Councillor HooDer , Mayor Abernethy , Councillor Robinson ..J Councillor Novak ..J 840 1]1 Davies Howe Partners Lawyers The Fifth Floor 99 Spadina Ave Toronto,Ontario M5V 3P8 T 416.977.7088 F 416.977.8931 davieshowe. com 'OBAPR14 AM 9=27.0 Attachment 3 . To Report PSD-062-08 , l'r Please refer to: Matthew Rea e-mail: ..TT1qtthewr@(.iavieshowe.com -", .,~' ~.i' ""1--/ \ I I ! t;y~ {.; April 9, 2008 Bv Courier Ms. Patti L. Barrie Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario Ll C 3A6 . ! ...;,..---: , ....,,\ ~ ! i _":,,~'--1 \",."'.ooq COPIl.~~9b7-0007 Dear Ms. Barrie: Re: Notice of Appeal Pursuant to Section 22(7) of the Planning Act Adesa Auctions Canada Corporation and Impact Auto Auctions Ltd. We are counsel to Adesa Auctions Canada Corporation and Impact Auto Auctions Ltd., owners of an equitable interest in approximately 19.1 hectares of land within Part Lot 31, Concession 1, former Township of Darlington, municipally known as 1550 Trulls Road in Courtice ("the Property"). Our clients wish to operate a motor vehicle re-marketing, auction and logistics facility on the Property. On May 4, 2007, our clients submitted an official plan amendment application to permit an increase in the outdoor storage permitted on the Property from 50% to 70% to facilitate its proposed operations. On April 7, 2008, our clients' application was refused by Council. The purpose of this letter is to appeal our clients' official plan amendment application to the Ontario Municipal Board ("the Board") pursuant to section 22(7) of the Planning Act. The reasons for the appeal are as follows: 1. Council has refused the application; 2. The proposed development is consistent with provincial policy and represents good planning in the public interest; 3. Such further and other reasons as counsel may advise and the Board may permit. 841 1]- Davies Howe Partners Page 2 Please find enclosed a completed Board Appeal Form and our firm cheque in the amount of $125.00, payable to the Minister of Finance, representing the prescribed fee for this appeal. Under separate cover, our clients are also appealing their related applications for a zoning by-law amendment and site plan approval. As these appeals relate to the same land and development proposal, it would be in the public interest for them to be heard together. Therefore, by copy of this letter to the Board, we request they be consolidated for hearing. Please inform us once you have forwarded the record to the Board, and do not hesitate to contact us if you require anything further. Yours truly, DAVIES HOWE PARTNERS ~ Matthew Rea encl. Cheque and Board Appeal Form copy: Mr. Patrick Hennessy, Secretary, Ontario Municipal Board Mr. Dennis Hefferon, Barrister and Solicitor Ms. Valerie Cranmer, Valerie Cranmer & Associates Messrs. Terry Wallace and Mohsen Zakaria, Penalta Group Ltd. a~ . 842 Mi ~ Ontario Ontario Municipal Board Commission des affaires municipales de l'Ontario 655 Bay Street, Suite 1500 Toronto, Ontario M5G 1 E5 TEL: (416) 326-6800 or Toll Free: 1-866-887-8820 FAX: (416) 326-5370 www.omb.qov.on.ca APPELLANT FORM (A 1) PLANNING ACT - Bill 51 (SUBMIT TO MUNICIPALITY/APPROVAL AUTHORITY) Receipt Number (OMB Office Use Only): Instructions: · Complete one form for each type of appeal you are filing. · A filing fee of $125 is required for each type of appeal you are filing. To view the Fee Schedule, visit the Board's website. · The filing fee ~ be paid by certified cheque or money order, in Canadian funds, payable to the Minister of Finance. · Do not send cash. · Submit your completed appeal form(s) and filing fee(s) to either the Approval Authority or Municipality, as applicable, by the required filing deadline. The Approval Authority/Municipality will forward your appeal(s) and fee(s) to the Ontario Municipal Board. · Please print clearly throughout the appeal form. · The Planning Act and the Ontario Municipal Board Act are available at www.omb.Qov.on.ca. Date Stamp - Appeal Received by Municipality Part 1: Appeal Type (Please check only one box) SUBJECT OF APPEAL TYPE OF APPEAL PLANNING ACT REFERENCE (SECTION) Minor Variance r A r A r A eal a decision or conditions im osed 5319 eal a decision 4512 Consent eal conditions im osed 5327 r Failed to make a decision on th~lication within 90 days ~JJjl__h_ j- 3419 Zoning By-law/Amendments r Application for an amendment to the Zoning By-law - failed to make a decision on the a Iication within 120 da s 34(11) r Application for an amendment to the Zoning By-law - refused by the munici ali Interim Control B -law r r A of an Interim Control B -law 384 eal a decision r Failed to make a decision on the a lieation within 180 da s 1740 Official Plan or Official Plan Amendment r Application for an amendment to the Official Plan - refused by the munici alit 22(7) ~ Application for an amendment to the Official Plan - failed to make a decision on the a lication within 180 da s 22(7) Subdivision r A r A eal a decision 5139 eal conditions im osed r Failed to make a decision on the a lication within 180 da s 5134 eM6 of 5 A1 (Bill 51) Rev. 23/01/2007 Part 2: Location Information - Part Lot 31. Concession 1. former Township of Darlinqton. municipallv known as 1550 Trulls Road Address and/or Legal Description of property subject to the appeal: Municipality: Clarinqton Part 3: Appellant Information First Name: Last Name: Adesa/lmpact Auction Canada Corp. and Impact Auto Auctions Ltd. Company Name or Association Name (Association must be incorporated - include copy of letter of incorporation) Professional Title (if applicable): Michael Mellinq (Lawver) E-mail Address:michaelm@davieshowe.com By providing an e-mail address you agree to receive communications from the OMS bye-mail. Daytime Telephone #:j416) 977-7088 Alternate Telephone #: Fax #:_(416) 977-8931 Mailing Address: 99 Spadina Avenue Street Address 5th Floor Apt/Suite/Unit# Toronto CityfTown Ontario Province ~ft Country (if not Canada) M5V 3P8 Postal Code Date: d 7/ ()~I O? Signature of Appellant: fJe;r- f Please note: You must notify the Ontario Municipal Board of any change of address or telephone number in writing. quote your OMB Reference Number(s) after they have been assigned. Please Personal information requested on this form is collected under the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended, and the Ontario Municipal Board Act, R.S.O. 1990, c. O. 28 as amended. After an appeal is filed, all information relating to this appeal may become available to the public. Part 4: Representative Information (if applicable) I hereby authorize the named company and/or individual(s) to represent me: First Name: Last Name: Company Name: Professional Title: E-mail Address: By providing an e-mail address you agree to receive communications from the OMS bye-mail. Daytime Telephone #: Alternate Telephone #: Fax #: Mailing Address: Street Address Apt/Suite/Unit# CityfTown Province Country (if not Canada) Postal Code Signature of Appellant: Date: A1 (Bill 51) Rev. 23/01/2007 F8fte4Z of 5 (continued on next page...) Please note: If you are representing the appellant and are NOT a solicitor, please confirm that you have written authorization, as required by the Board's Rules of Practice and Procedure, to act on behalf of the appellant. Please confirm this by checking the box below. . r I certify that I have written authorization from the appellant to act as a representative with respect to this appeal on his or her behalf and I understand that I may be asked to produce this authorization at any time. Part 5: Appeal Specific Information ~ 1. Provide specific information about what you are appealing. For example: Municipal File Number(s), By-law Number(s), Official Plan Number(s) or Subdivision Number(s): (Please Print) Please refer to attached Notice of Appeal Letter 2. Outline the nature of your appeal and the reasons for your appeal. Be specific and provide land-use planning reasons (for example: the specific provisions, sections andlor policies of the Official Plan or By-law which are the subject of your appeal - if applicable). **If more space is required please continue in Part 8 or attach a separate page. (Please Print) Please refer to attached Notice of Appeal Letter **The following sections (a&b) apply onlv to appeals of Zoning By-law Amendments under Section 34(11) of the Planning Act. a) DATE APPLICATION SUBMITTED TO MUNICIPALITY: MAY 4TH, 2007 (If application submitted on or after January 1, 2007 please use the OMB1 'Bill 51' form.) b) Provide a brief explanatory note regarding the proposal, which includes the existing zoning category, desired zoning category, the purpose of the desired zoning by-law change, and a description of the lands under appeal: **If more space is required please continue in Part 8 or attach a separate page. Please refer to the attached Notice of AppealleUer A1 (Bill 51) Rev. 23/01/2007 8~53 of 5 " . P,ilrt 6: Related Matters (if known) Are there other appeals not yet filed with the Municipality? Are there other planning matters related to this appeal? YES r YES ~ NO ~ NO r If yes, please provide OMS Reference Number(s) and/or Municipal File Number(s) in the box below: l I I (Please Print) I Zoning By-law Amendment Part 7: Scheduling Information - _ How many days do you estimate are needed for hearing this appeal? r half day r 1 day r 2 days r 3 days r ~ r . 4 days . 1 week . More than 1 week - please specIfy number of days: How many witnesses do you expect to have at the hearing? 2 Describe witness(es)' area of expertise: _Land Use Planner and Environmental Consultant Do you believe this matter would benefit from mediation? YES r r NO P" NO ~ Do you believe this matter would benefit from a Prehearing Conference? YES If yes, why? Part 8: Other Applicable Information *"'Attach a separate page if more space is required. ~- --1 _1 A1 (Bill 51) Rev. 23/01/2007 8~64 of 5 l Part 9: Required Fee Total Fee Submitted: $ _125 Payment Method: ~. Certified cheque * (Firm's Cheque) r Money Order · The payment must be in Canadian funds, payable to the Minister of Finance. . Do not send cash. .Or Solicitor's general or trust account cheque. A1 (Bill 51) Rev. 23/01/2007 Er~er of 5 ... IJI Davies Howe Partners Lawye rs The Fifth Floor 99 Spadina Ave Toronto,Ontario M5V 3P8 T 416.977.7088 F 416.977.8931 davieshowe.com '~ - -- ".'" p'r- . '4'.. I..,L,,,,...(Q <:.;Q'2=:,.. 'OBAPR22 F't'1 1:30:~ Attachment 4 To Report PSD-062-08 Please refer to: Matthew Rea , e-mail: matthewr@davieshowe.com April 17 , 2008 Bv Courier Mr. Patrick Hennessy Secretary Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5 - and - Ms. Patti L. Barrie Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Dear Ms. Barrie: Re: Notice of Appeal Pursuant to Section 41(12) of the Planning Act Adesa Impact Auctions Canada Corporation and Impact Auto Auctions Ltd. We are counsel to Adesa Impact Auctions Canada Corporation and Impact. Auto Auctions Ltd., owners of an equitable interest in approximately 19.1 hectares of land within Part Lot 31, Concession 1, former Township of Darlington, municipally nown as 1550 Trulls Road in Courtice (the "Property"). Our clients wish to 'perate a motor vehicle re-marketing, auction and logistics facility on the Property. n May 4,2007, our clients submitted a site plan application to permit an increase the outdoor storage permitted on the Property from 50% to 70% to facilitate its roposed operations. At this time, no decision has been made on our clients' pplication. he purpose of this letter is to appeal our clients' application to the Ontario unicipal Board (the "Board") pursuant to section 41(12) of the Planning Act. The asons for the appeal are as follows: Q./ 848 I] Davies Howe Partners ~ Page 2 1. It has been more than thirty (30) days since our clients' application for site plan approval was submitted and Council has failed to make a decision on the application; 2. The proposed development is consistent with provincial policy and represents good planning in the public interest; 3. Such further and other reasons as counsel may advise and the Board may permit. In the package addressed to the Board, we have enclosed a completed Board Site Plan Appellant Form with required enclosures and our firm cheque in the amount of $125.00, payable to the Minister of Finance, representing the prescribed fee for this appeal. Under separate cover, our clients have appealed their related applications for official plan amendment and zoning by-law amendment. As these appeals relate to the same land and development proposal, it would be in the public interest for them to be heard together with this site plan appeal. Therefore, by copy of this letter to the Board, we request they be consolidated for hearing. Please inform us once you have forwarded the record to the Board, and do not hesitate to contact us if you require anything further. Yours truly, DAVIES HOWE PARTNERS ~'b- Matthew Rea encl. Cheque, Board Site Plan Appellant Form and required enclosures copy without enclosures: Mr. Dennis Hefferon, Barrister and Solicitor Ms. Valerie Cranmer, Valerie Cranmer & Associates Messrs. Terry Wallace and Mohsen Zakaria, Penalta Group Ltd. Client m:\700\701753\correspondence\site plan appea1.doc 849 ~ ~. Ontario Ontario Municipal Board Commission des affaires municipales de l'Ontario 655 Bay Street, Suite 1500 Toronto, Ontario M5G 1 E5 TEL: (416) 326-6800 or Toll Free: 1-866-887-8820 FAX: (416) 326-5370 www.omb.Qov.on.ca APPELLANT FORM (02) PLANNING ACT SITE PLAN (SUBMIT TO OMB) Instructions: ... ""'. ,... Receipt Number(OMB Office UseOnfy): · Complete one form for each type of appe~rYouare filing, · A filing fee of$125i5 requirecj for each type o.fappeal YOuarefilihg. To vjew th(! .feeSchedule~ vi~.it the Board'$ websit~. · The filing fee cCin. be paid by certified cheql'e or money order, in Canadi;i.1"I funds, payable to the Ministe.r of Finance. .. · Do not send cash. · Submit your completed appeal formes) and filing fee(s) to the Ontario Municipal Board by the required filing deadline. · Please print clearly throughout the appeal form~ · ThePlanning Actand the Ontario Municipal Board Act are available at 'NWW.omb.Qov.on.c8. Part 1: Appeal Type (Please check only one box) SUBJECT OF APPEAL TYPE OF APPEAl., Site Plans R' Application for a site plan - council failed to make a decision within 30 days 41(12) r Application for a site plan - appealing requirements imposed by the municipality/county or by the regional metropolitan/district municipality Part 2: Location Information __ _ _ ________ n____ ______ _ n___ _ __ __ _ n __ _ Part Lot 31, Concession 1, former Township of Darlinqton, municipallv know as 1550 Trulls Road Address and/or Legal Description of property subject to the appeal: Clarinqton Municipality Reqion of Durham Upper Tier (Example: county, district, region) 02 Rev. 01/23/2007 Pa~,pPof 5 Part 3: Appellant Information (landowner) First Name: Last Name: Adesallmpact Auction Canada Corp. and Impact Auto Auctions Ltd. Company Name or Association Name (Association must be incorporated - include copy of letter of incorporation) Professional Title (if applicable): Michael Mellinq (Lawver) E-mail Address: michaelm@davieshowe.com Fax #: (416) 977-8931 By providing an e-mail address you agree to receive communications from the OMS bye-mail. Daytime Telephone #: (416) 977-7088 Alternate Telephone #: Mailing Address: 99 Spadina Avenue Street Address 5th Floor ApUSuite/Unit# Toronto CityfTown Signature of Appellant: Ontario Province "-.. Country (if M5V 3P8 Postal Code Date: f\pr\ \ 8 \ ~CJ:f6 the Ontario Municipal Board of any change of address or telephone number in writing. Please e Number(s) after they have been assigned. Personal information requested on this form is collected under the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended, and the Ontario Municipal Board Act, R.S.O. 1990, c. O. 28 as amended. After an appeal is filed, all information relating to this appeal may become available to the public. Part 4: Representative Information (if applicable) I hereby authorize the named company and/or individual(s) to represent me: First Name: Last Name: Company Name: Professional Title: E-mail Address: Fax #: By providing an e-mail address you agree to receive communications from the OMB bye-mall. Daytime Telephone #: Alternate Telephone #: Mailing Address: Street Address Ap1/Suite/Unit# Cityrrown Province Country (if not Canada) Postal Code Signature of Appellant: Date: Please note: If you are representing the appellant and are NOT a solicitor, please confirm that you have written authorization, as required by the Board's Rules of Practice and Procedure, to act on behalf of the appellant. Please confirm this by checking the box below. r I certify that I have written authorization from the appellant to act as a representative with respect to this appeal on his or her behalf and I understand that I may be asked to produce this authorization at any time. 02 Rev. 01/23/2007 pain10f 5 Part 5: Appeal Specific Information 1. Please provide the Municipal File Number: 2. Outline the nature of your appeal and the reasons for your referral. Be specific. lease continue in Part 8 or attach a se arate a e. Please refer to attached Notice of Appeal Letter 3. Provide a bri~f explanatory note regarding the proposed use of the land and a description of the lands under appeal: **If more space is required please continue in Part 8 or attach a separate page. Please refer to attached Notice of Appeal Letter Part 6: Related Matters - - - - - -- - - -- - - - - -- --- - - -- - - Are there other appeals not yet filed with the Municipality? Are there other planning matters related to this appeal? YES r R' YES NO R" NO r If yes, please provide OMB Reference Number(s) and/or Municipal File Number(s) in the box below: (Please Print) Zoning By-law Amendment and Official Plan Amendment 02 Rev. 01/23/2007 ~~Of~ Part 7: Scheduling Information , ~ How many days do you estimate are needed for hearing this appeal? r half day r 1 day r 2 days r 3 days r . 4 days P 1 week r More than 1 week - please specify number of days: How many witnesses do you expect to have at the hearing? 2 Describe witness(es)' area of expertise: Land Use Planner and Environmental Consultant Do you believe this matter would benefit from a Prehearing Conference? YES r NO P If yes, why? -Part '8~--other Applicable1nformation ~Attach a separatellageif morespaceis-required. -- -- ~--~ 02 Rev. 01/23/2007 pibi ~of 5 ~ I , .. Pa119: Required Documentation (Please check boxes to indicate document included in filing) rv' I confirm that I have attached the following items to this form. Signature of AppellanURepresentative: '{Y\.~ Date: 'f'\on \ fC\, .~ The following material must be attached to this form where applicable, in the order which it is listed: rI A copy of the application for site plan approval. r7 Soard fee of $125 made payable to the Minister of Finance. The appea; will not be processed without this fee. wi A copy of any plans, drawings or agreements which are the subject of this referral. 17 A copy of any planning report considered by Council. r If applicable, a copy of the decision of the approval authority. (N/Q." - ('.0 c\e..c..IS\O.""'\) F1' An affidavit or sworn declaration by the landowner certifying that copies of all material listed above, as well as a copy of this form, have been sent to the approval authority having jurisdiction to approve the site plan and that the approval authority has been informed of the filing of this referral. ~art 10: He uiredFee___________ _ _ _____ _ Total Fee Submitted: $ 125 Payment Method: R Certified cheque" (Firm's Cheque) r Money Order r Cash - Do not send cash in the mail. If you are submitting your appeal to the OMS in person, you may pay with cash. · The payment must be in Canadian funds, payable to the Minister of Finance. · Do not send cash by mail. .Or Solicitor's general or trust account cheque. 02 Rev. 01/23/2007 A54 F'age 5 of 5 Cl!Jl-!!Jglon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRA liON COMMITTEE Date: Monday, June 16, 2008 Report #: PSD-063-08 File #: ZBA2006-0021 By-law #: Subject: OMB DECISION ON MOTION TO DISMISS APPEAL OF ZONING BY-LAW AMENDMENT APPLICATION ZBA2006-0021 APPLICANT: JAMES TOSSWILL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-063-08 be received for information. Submitted by: David rome, M.C.I.P., RP.P. Director of Planning Services Reviewed by: o ~~ evL Franklin Wu, Chief Administrative Officer SA/CP/DJC/df/av June 9, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 855 REPORT NO.: PSD-063-0S PAGE 2 1. On July 7, 2006, the applicant/owner submitted an application to the Municipality of Clarington to rezone the subject lot at 7254 Langstaff Road to permit the keeping of horses on the property. The applicant intends to have pasture/corral for grazing horses, and at this time does not intend to construct a barn or any other agricultural type building. 2. A decision was made by Clarington Council on June 25, 2007 to approve the application. On July 25, 2007 a neighbouring property owner, Mr. Paul Fitze appealed the decision of Council to the Ontario Municipal Board. 3. The property owners, James Tosswill and Emily Wilson brought a motion before the Ontario Municipal Board to dismiss the appeal made by their neighbour without holding a full hearing. The OMB heard the motion on March 18, 2008. Municipal Staff were not subpoenaed to appear. The property owners relied in large part on the planning rationale in the Planning Staff Report for their argument. The OMB issued their decision on May 21,2008 and it is contained in its entirety in Attachment 2. 4. Ontario Municipal Board granted the motion and dismissed the appeal by Mr. Fitze. The Board found that the issues raised by the appellant have no established legitimate planning grounds for the appeal. The Board found the proposed use to be consistent with surrounding land uses, in conformity with both the Regional and Clarington Official Plans, and with provincial policies. Further, any planning issues regarding this matter were addressed by the applicants and the Municipality in the approval process for this application. 5. This report and the attached decision of the Ontario Municipal Board is provided for information. Attachments: Attachment 1 - Key Map Attachment 2 - OMB Decision 856 mt... 3C) -3 -CD '<(I) :e.... =0 (1)(1) o (I) ~ ~. - I I I I I I I I I I I I I I I o :e = CD ~ C) = Q. N o z - z ON C:JttI -<> ~~ :eg )>1 3:0 mC z~ c 3: m z .... ~ ~I ~ :1 f& I c-J s o ~ rr7 I J! i iZl . 0 ~ ..... ~ II I I I I -1 I I"\llCll,;fHlIt:HH I For Report PSD-063-08 N16039'20"W 74.51m 46.42m 110S4'30"W t5 z ~ "l (C ~ 0 CD c.3 o z m I I I m )( (ii' - ::i" <0 o ~ CD ::l <0 ~~ z ..... ..... o C1 o o o z m N o (.0.) o N 3 N16032'20"W 15.27m ~ N73026'30"E N73026'30"E 9.33m 1.39m N16'"32'20"W 115.23m ] ~73026'30"E \'~ 32.31m LANGSTAFF ROAD ~ "1:J ... o 'tJ (D ~ r- o n ~ - 0- ~ ~ ~ 'tJ -:;; o ... 3 (D ... (') iii ... :IC" (D 'i 'tJ .;... Attachment 2 For Report PSD-063-08 ISSUE DATE: MAY 21, 200S r:;--~ \ \, \ ~ \ \ a:r \f,'.li"" Ontario Municipal Board Uj~~;,;".', Commission des affaires municipales de l'Ontario ;;..~ '1\ PL070654 ~-..,,' \\ '" 1 , I' ,>~PZ~ Paul Fitze has appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 2007-152 of the City of Municipality of Clarington OMS File No. R070178 James Toswill and Emily Wilson has brought a motion before the Ontario Municipal Board under subsection 34(25) of the Planning Act, R.S.O. 1990, c. P .13, as amended, to dismiss the appeal without holding a full hearing APPEARANCES: Parties J. Tosswill and E. Wilson P. Fitze DECISION DELIVERED BY C. CONTI AND ORDER OF THE BOARD Background James Tosswill and Emily Wilson applied to the Municipality of Clarington for an amendment to Municipal Zoning By-law 84-63 in order to allow agricultural use of a portion of the property at 7254 Langstaff Road, Part Lot 5, Concession 7 in Clarington. The Municipality approved By-law Amendment 2007-152 which zones the western portion of the applicants' property agricultural so that horses can be pastured on this portion of the lands. Paul Fitze, who owns property immediately to the south, has appealed the By- law Amendment, claiming that the use of the land for keeping livestock will impact the proposed residential use of his land. 858 - 2 - PL070654 Mr. Toswill and Ms Wilson brought forward a motion to dismiss on the grounds that the appeal is vexatious and antagonistic, and does not have a legitimate and substantial factual basis. The Proposal The applicants own the 2.74 ha parcel at 7254 Langstaff Road. There currently is a dwelling located in the south-central portion of the property. Langstaff Road runs north to south at the eastern limit of the lands, and properties fronting on this section of Langstaff are zoned for residential use. A large land locked agricultural property, owned by Mr. Fitze's father abuts the west boundary of many of the residential properties fronting on Langstaff, including the subject lands. The current zoning of the property is Rural Cluster 2 (RC-2), with the eastern portion including a watercourse and small wetland zoned Environmental Protection (EP). By-law Amendment 2007-152 proposes to change the zoning to Agricultural for approximately the western half of the lands. The change will permit only use of these lands as pasture, and does not permit buildings or structures to house livestock. The EP zoning will not be affected by the proposed Amendment. The applicants intend to use the western portion of the lands to pasture horses, only during summer and part of the spring and fall. They own another property where the horses are kept the rest of the year. They contend that they do not need to build a shelter on the property for their intended use, and therefore are proposing no new construction in conjunction with the rezoning. . Basis of the Motion The basis for the applicants' motion is essentially that the grounds for the appeal are vexatious and lack substance necessary for the appeal to be successful. The appellant's reasons for the appeal include, nuisance from flies, odours, noise caused by the horses whinnying, concerns for nutrient management, and concern about the welfare of the horses. The applicants contend that all of these matters have been either addressed during the process of the By-law Amendment approval, or they are non- issues. 859 - 3 - PL070654 They note that much of the area surrounding the subject property is zoned agricultural and used for agricultural purposes. The property to the west owned by the appellant's father is in agricultural use and contained livestock as recently as 2001. Livestock are currently kept on the property to the east of the subject lands on the other side of Langstaff Road. There are two commercial riding stables within 1 km of the property. The agricultural use of the surrounding area is widespread. Therefore the applicants contend that the nuisance issues identified by the appellant are part of the surrounding agricultural use. They maintain that their proposal will not be adding significantly to any issue. The applicants maintain that noise disturbance from whinnying is not a legitimate issue. They contend noise created by vehicles and machinery in the surrounding area far outweigh the noise created by the horses. The applicants submit that there is no issue regarding nutrient management since they are proposing no _ buildings to house the horses. They contend that the Nutrient Management Act and the requirements for Minimum Distance Separation apply only when buildings are proposed. Regarding the welfare of the horses, the Board notes information from the applicants' veterinarian, indicating that they have a history of providing proper care for their horses. The applicants also provided an inspection report from the OSPCA which stated that the horses on the subject property were well cared for and there were no concerns. Appellant's Response The appellant relied upon the filings (Exhibit 2) of the applicants for his response, and provided no submissions on his own behalf. While he did not serve a notice of response to the applicants' motion, since he did not rely upon responding materials, did not use an affidavit as evidence and did not call witnesses, his response to the motion complies with section 36 of the Board's rules of Practice and Procedure. The appellant maintains that pasturing horses on the applicants' property will affect the uses of his lands. He is proposing to build a dwelling on the property to the 860 - 4- PL070654 south of the applicants, and the proximity of the horses will cause an increase in flies, odours and other nuisances. Furthermore, he contends that the pasture area is too small to care for the number of horses that will be there. He claims that the applicants have pastured as many as seven horses in the field in the past. The area is not large enough to provide for the nutritional needs of that number of horses. The Municipality created the rural cluster in this section of Langstaff Road a number of years ago, and the residential use should be protected. To introduce agricultural uses into the area will impact his property and others in the area. Findings Section 34(25) of the Planning Act sets out a number of grounds whereby the Board can dismiss an appeal without a hearing. In part, this section states, ".. .the Municipal Board may dismiss all or part of an appeal without holding a hearing, on its own initiative or on the motion of any party, if, (a) it is of the opinion that, (i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Board could allow all or part of the appeal, (ii) the appeal is not made in good faith or is frivolous or vexatious, (Hi) the appeal is made only for the purpose of delay, (iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process...." The Board is not convinced by the applicants' claim that the appeal is vexatious. However, the Board is concerned about the lack of apparent planning grounds upon which this appeal could be allowed. This in itself can be a reason to dismiss an appeal. 861 - 5 - PL070654 A number of Board decisions (notably East Beach Community Association v. the City of Toronto, 1996) have found that appellants must do more than simply raise apprehensions of potential problems. They must establish legitimate plannirig"grounds upon which an appeal could be allowed in order for it to move forward to a hearing. In reviewing the argument of the parties and the submissions on this motion, the Board finds that the following are the critical and decisive points. Surrounding Land Uses While some residential use has been established along Langstaff Road, agricultural uses are also well established in the area. Other properties, including that owned by the appellant's father, which abut his lands, are used for agricultural purposes and could be used for livestock grazing. The evidence is that the appellant supports the agricultural use of these other properties, but is opposed to the proposed use by the applicants. The Board understands that he assists in the farming operation on his father's property. These agricultural uses are in close proximity to the appellant's lands and the other lands zoned for residential use. The Board concurs with the applicants' submissions, that the same types of nuisance issues raised by the appellant could occur on these other properties, and it is unlikely that the proposed use will add significantly to any existing nuisance. Designation of the Lands The submissions provided by the applicants indicate that the subject lands are designated for agricultural use in both the Region of Durham and the Municipality of Clarington Official Plans. In the Regional Plan it is designated Prime Agricultural Area. The Planning Staff report on the rezoning (Exhibit 2, Tab E) notes that while the Municipality attempted to reflect the residential zoning in the Clarington Official Plan designation, the Region as the approval authority would not permit it. Consequently, the lands that are zoned Rural Cluster (RC-2) are designated as General Agricultural and Environmental Protection in the Clarington Plan. 862 - 6 - PL070654 The Greenbelt Plan recognizes the wetland as a natural heritage feature on the property. However, the evidence provided to the Board is that the natural heritage feature will not be impacted by the proposal. The designations clearly reflect the priorities of both Durham and Clarington to maintain the agricultural use of this property. The Board finds that the proposed zoning conforms more closely to the Official Plan designations than does the Rural Cluster zoning. In view of the designations and of provincial policies supporting the protection of agricultural lands, it is unlikely that planning evidence provided at a hearing would find a residential designation to be appropriate. Nutrient Management and Minimum Distance Separation No convincing evidence was presented that the proposed agricultural use falls under the Nutrient Management Act and that it would require the use of Minimum Distance Separation (MDS). The applicants maintain that the Act and MDS only apply if a structure is to be constructed to house the horses. This is also the position of Town Planning Staff in their report on the rezoning (Exhibit 2, Tab E). The MDS Implementation Guidelines clearly state that MDS does not apply to pastures. Section 11 of Ontario Regulation 267/03 of the Nutrient Management Act indicates that it is not necessary to comply with various provisions of the Act if no building is proposed and if there is no proposal for a permanent nutrient storage facility. No evidence has been presented that either of these are proposed in conjunction with the agricultural use of the subject lands. Furthermore, the By-law Amendment specifically prohibits the construction of buildings to house livestock. The appellant has not demonstrated grounds upon which the appeal could be successful on the basis of requirements of the Nutrient Management Act and Minimum Distance Separation. Conclusion The Board's main concerns in this matter are the proposed land use, whether it fits in with the surrounding land uses, if it conforms to the relevant Official Plans and provincial policies, and if it could have any significant negative impact. The applicants 863 - 7 - PL070654 appear to have the capacity and experience to care for their animals properly, although that is not a planning issue. In view of the above, the Board finds that the issues raised by the appellant have not established legitimate planning grounds for the appeal. The proposed use is consistent with surrounding land uses and conforms to Official Plan designations and provincial policies. Any planning issues regarding this matter have been addressed by the applicants and the Municipality in the approval process for the application. Therefore, the motion of the applicants is allowed and the appeal is dismissed. Order UPON APPEAL to this Board by Paul Fitze of the approval by the Municipality of Clarington of By-law Amendment 2007-152; AND UPON MOTION to this Board by James Tosswill and Emily Wilson for an Order dismissing the appeal under subsection 34(25) of the Planning Act, and after hearing the motion; THE BOARD ORDERS that the motion is granted and the appeal by Paul Fitze is dismissed. "C. Conti" C;CONTI MEMBER 864 CJ{1[il1glDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 16,2008 Report #: PSD-064-08 File #: ZBA 2008-0011 By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 511 060 ONTARIO LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-064-08 be received; 2. THAT the request for Removal of Part Lot Control by 511060 Ontario Ltd. with respect to Lots 13 to 18 inclusive on Plan 40M-2094, be APPROVED and that the attached Part Lot Control By-law be PASSED pursuant to Section 50(7.1) of the Planning Act and a copy forwarded to the Regional Municipality of Durham Planning Department; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D vi . Crome, M.C.I.P., RP.P. Director, Planning Services Reviewed by: O~~ Franklin Wu Chief Administrative Officer L T/DJCllw May 21,2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 865 REPORT NO.: PSD-064-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 511060 Ontario Ltd. ola Med Tri Developments 1.2 Location: Part Lot 9, Concession 1, former Town of Bowmanville Dadson Drive, Lots 13 to 18, 40M-2094 2.0 BACKGROUND 2.1 On May 14, 2008, staff received a request from 511060 Ontario Ltd. for the Removal of Part Lot Control with respect to Lots 13 to 18 inclusive on Plan 40M-2094. 2.2 A Part Lot Control By-law effecting Lots 13 to 18 on Plan 40M-2094 was previously granted approval by Council September 16, 2002. The By-law contained a three (3) year period within which the By-law remained in full force and effect, expiring on September 9, 2005. The current owner, 511060 Ontario Ltd., has advised staff, the ownership of lots 13 to 18 has recently been clarified through the Courts under a power of sale. Once construction of the semi-detached dwelling units is completed, the approval of a Part Lot Control By-law will be required to facilitate the sale of each unit. 3.0 STAFF COMMENTS 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50(5) of the Planning Act. 3.2 In accordance with the procedures established in the delegation of Part Lot Control By- laws, a copy of the "Unit Type and Number Summary Table" (Attachment 3), along with a copy of the Part Lot Control By-law will be forwarded to the Regional Planning Department. 3.3 The Finance Department advises that the taxes have been paid in full. 3.4 Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending June 23, 2011. 4.0 RECOMMENDATIONS 4.1 It is recommended that Council APPROVE this application and ADOPT the attached Part Lot Control By-law for Lots 13 to 18 on Plan 40M-2094. 866 REPORT NO.: PSD-064-08 PAGE 3 Attachments: Attachment 1 - Site Location Key Map and Lands Affected by Part Lot Control Removal Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table for 40M-2094 List of interested parties to be advised of Council's decision: 511060 Ontario Ltd. 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I M.O!f,61.lLN L f 'CO'" t' ""-- LlO'L H'" M.OCi,6.i:.Z9N ~ ~ N ;? ..q- g; lOur .lM.OS,6Z.LlN ~ ~ ~ .I ~ I -J \1 \ . N r'") I ~ ~30\! Zg ,-- ~ g C> f'.. 8 ~o<-> <(0) : " 1~ ::' ~ ~ 8 ~ a gv 101 8 ::' 9v lOl 8 ::' w b g ~ Lv lOl 8 ~ ~ ~ 8v lOl +- o 8 ~ ; l 10l z; 10l 8 ~ .. ">l N .~ T ~ 101 v 101 g oJ 868 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- Attachment 2 To Report PSD-064-08 being a By-law to exempt certain portions of Registered Plan 40M-2094 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 13 to 18 inclusive on Plan 40M-2094, registered at the Land Titles Division of Whitby; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lots 13 to 18 inclusive on Plan 40M-2094. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending on June 23, 2011. 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 869 Attachment 3 To Report PSD-064-08 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 40M-2094 By-law: APPROVED Result of Part Lot Control ption on Unit Type umber Lots 13 to 18 (6 lots) Semi-Detached 12 No Change TOTAL UNITS 12 No Change 870 Cl~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 16, 2008 Report #: PSD-065-08 File #: ZBA 2008-0013 By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: BRENDA AND ADAM STEPHENSON CLARNEW DEVELOPMENTS PHASE II RECOMMENDA TIONS: It is respectfully recommended that the General Purpos~ and Administration Committee recommend to Council the following: 1. THAT Report PSD-065-08 be received; 2, THAT the request for Removal of Part Lot Control by Brenda and Adam Stephenson with respect to Lot 131 on Plan 40M-2038, be APPROVED and that the attached Part Lot Control By-law be PASSED pursuant to Section 50(7,1) of the Planning Act and a copy forwarded to the Regional Municipality of Durham Planning Department; and 3, THAT all interested parties listed in this report and any delegations be advised of Council's decision, Submitted by: Da i ,Crome, M,C,I.P" R.P,P, Director of Planning Services Reviewed by: () ~ ~ ~ Franklin Wu, Chief Administrative Officer L TIDJClsnldf 28 May 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 871 REPORT NO.: PSD-065-08 PAGE 2 1.0 APPLICATION DETAILS 1,1 1,2 1,3 Applicant: Agent: Location: Brenda and Adam Stephenson Strike & Strike L.L.P" Barristers and Solicitors Lot 26, Concession 1, former Township of Clarke (Newcastle Village) -lot 131 on Plan 40M-2038 2.0 BACKGROUND 2,1 On May 16, 2008, staff received a request from Dan Strike on behalf of Brenda and Adam Stephenson for the Removal of Part Lot Control with respect to Lot 131 on Plan 40M-2038, 2,2 A Part Lot Control By-law effecting all of the semi-detached lots within Plan 40M-2038 was previously granted approval by Council on two (2) separate occasions; May 14, 2001 and then on May 24, 2004, Each by-law contained a three (3) year period within which the by-law remained in full force and effect, the first by-law expiring on May 14, 2004, the second on May 31,2007, 2.3 Clarnew Developments Incorporated, the ownerldeveloper of the draft plan of subdivision advised when the second Part Lot Control application was filed in 2004 that all transfers of ownership of the semi-detached dwelling units had not taken place prior to the expiry of the first by-law, hence the necessity for the second application, 2.4 With the exception of Lot 131, the second Part Lot Control By-law passed on May 24, 2004 permitted the transfer of ownership of all outstanding semi-detached dwelling units, 2,5 With the ownership of Lot 131 having recently been determined through the court system, the process of finalizing the construction of the semi-detached dwelling unit has commenced, Unfortunately due to the amount of time the issue of ownership was before the Courts, the new owners could not complete the transfer of ownership of each semi-detached unit before the second Part Lot Control By-law lapsed on May 31, 2007, thereby requiring the submission of the current application, 3.0 STAFF COMMENTS 3,1 Staff has no objection to the approval of a by-law exempting the subject lands from Part Lot Control. Attached is a by-law (Attachment 2) to exempt the subject lands from Section 50(5) of the Planning Act. 3,2 In accordance with the procedures established in the delegation of Part Lot Control By-laws, a copy of the "Unit Type and Number Summary Table" (Attachment 3), along with a copy of the Part Lot Control By-law will be forwarded to the Regional Planning Department. 872 REPORT NO.: PSD-065-08 PAGE 3 3,3 The Finance Department advises that the taxes have been paid in full. 3.4 Staff recommends that the by-law be in force for a one (1) year period following Council approval, ending June 23, 2009, 4.0 RECOMMENDATIONS 4,1 It is recommended that Council APPROVE this application and ADOPT the attached Part Lot Control By-law for Lot 131 on Plan 40M-2038, Attachments: Attachment 1 - Site Location Key Map and Lands Affected by Part Lot Control Removal Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table for 40M-2038 List of interested parties to be advised of Council's decision: Region of Durham Planning Department Brenda and Adam Stephenson Strike & Strike, Barristers and Solicitors 873 Attachment 1 To Report PSD-065-08 ...I e 0 a:: 0 en l- e z eI) 0 .c (J a. 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D..ru ,a-> ru- I f- a< <[ 874 Attachment 2 To Report PSD-065-08 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to exempt certain portions of Registered Plan 40M-2038 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lot 131 on Plan 40M-2038, registered at the Land Titles Division of Whitby: NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lot 131 on Plan 40M-2038 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of one (1) year ending on June 23,2009. 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 875 Attachment 3 To Report PSD-065-08 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 40M-2038 By-law: APPROVED Result of Part Lot Control Exemption on Unit Type and Number Lot 131 Semi-detached TOTAL UNITS 2 2 No Change No Change 876 Clw:mgtDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 16, 2008 Report #: PSD-066-08 File #: ZBA 2008-0012 By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: GAGE PARK DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-066-08 be received; 2, THAT the request for Removal of Part Lot Control by Gage Park Developments Inc, with respect to Lots 1-36, 57-62 and Blocks 78 to 94, all inclusive on Plan 40M-2361, be APPROVED and that the attached Part Lot Control By-law be PASSED pursuant to Section 50(7,1) of the Planning Act and a copy forwarded to the Regional Municipality of Durham Planning Department; and 3, THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D id Crome, M,C,I.P., R.P,P, Director, Planning Services Reviewed by: O~~~ Franklin Wu Chief Administrative Officer L T/DJC/av May 28, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 877 REPORT NO.: PSD-066-08 PAGE 2 1.0 APPLICATION DETAILS 1 ,1 Applicant: Gage Park Developments Inc, (Westvale Phase III) 1,2 Location: Part Lot 33 and 34, Concession 1, former Township of Darlington (Courtice) 2.0 BACKGROUND 2,1 On May 27, 2008, staff received a request from Gage Park Developments Inc, for the Removal of Part Lot Control with respect to Lots 1-36, 57-62 and Blocks 78 to 94, all inclusive on Plan 40M-2361, 2,2 The Plan of Subdivision 18T-95023, which encompasses the area of this application, received draft approval for 35 single detached dwelling units, 84 semi-detached dwelling units and 17 blocks for 98 townhouse dwelling units, Registration of this phase of the Plan of Subdivision under Plan 40M-2361 was completed November 6,2007, 2,3 Building permits have recently been submitted for both semi-detached and townhouse dwelling units for which the Owner will require the approval of a Part Lot Control By-law to facilitate the sale of each unit once construction is complete, 3.0 STAFF COMMENTS 3,1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50(5) of the Planning Act. 3,2 In accordance with the procedures established in the delegation of Part Lot Control By- laws, a copy of the "Unit Type and Number Summary Table" (Attachment 3), along with a copy of the Part Lot Control By-law will be forwarded to the Regional Planning Department. 3,3 The Finance Department advises that the taxes have been paid in full. 3.4 Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending June 23, 2011, 4.0 RECOMMENDATIONS 4,1 It is recommended that Council APPROVE this application and ADOPT the attached Part Lot Control By-law for Lots 1-36, 57-62 and Blocks 78 to 94, all inclusive on Plan 40M-2361, 878 REPORT NO.: PSD-066-08 PAGE 3 Attachments: Attachment 1 - Site Location Key Map and Lands Affected by Part Lot Control Removal Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table for 40M-2361 List of interested parties to be advised of Council's decision: Tracey Ferrier, Senator Development Inc, Region of Durham Planning Department 879 I \ ROSSWELL DRIVE ~~\ ~~~ ~~ \ I \ I~~ Ir Ir:.l1r Ir Ir "\ I~ I r--r- ~ ~ I!~ I!~ I!~ I~i ;~;~;~ I!~;~ ,~ !~ !~ .~ I~ I~ _\111 I~ II~ II~ II~I II~ C> 51 ~ ~ ~ \ i~ ~:il ~o~::: N ~<;; i~ . . ....~.. ~ 3 8-< 3~ N N _ ;:; I ... .::-.. \. ..~ " . . . ~ ."'"... 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N AI om .0 C!: C>> s:N o n 0 0 .. ~ ~ . C>> - ~ 0 C N:1 OUlCO 31: We. o )> · AI CD ~m :1~O '0 < -CDO CD 0- as:l.~ 0 0- - N 0 'a n CD c if ::l 3 e. (i. CD ..... m CD :1 co '< - ur cb 5" ~ r>> 880 ~ Attachment 2 To Report PSD-066-08 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2008- being a By-law to exempt certain portions of Registered Plan 40M-2361 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 1-36, 57-62, and Blocks 78 to 94, all inclusive on Plan 40M-2361, registered at the Land Titles Division of Whitby; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in paragraph 2 within the By-law, 2, That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lots 1-36, 57-62 and Blocks 78 to 94, all inclusive on Plan 40M-2361, 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending on June 23, 2011, 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 881 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 40M-2361 LotslBlocks Affected Lots 1-36, 57-62 Blocks 87 to 94 Unit Type and Number Semi-Detached - 84 Townhouse 98 TOTAL UNITS - 182 By-law: Attachment 3 To Report PSD-066-08 Result of Part Lot Control Exemption on Unit Type and Number No Change No Change No Change 882 Clw:.pn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 16,2008 Report #: PSD-067-08 File #: PLN 37,1 By-law #: Subject: ORONO COMMUNITY IMPROVEMENT PLAN AMENDMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-067-08 be received; 2, THAT the Orono Community Improvement Plan Amendment No, 1 (Attachment 1) be APPROVED; 3. THAT the necessary By-law contained in Attachment 2 be PASSED; 4, THAT the Ministry of Municipal Affairs and Housing and Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, 5, THAT all interested parties listed for this report and any delegations be advised of Council's decision, Submitted by: D vid ,Crome, M,C,I.P" R.P,P, Director of Planning Services Reviewed by: d ~. {~'\[c Franklin Wu, Chief Administrative Officer FLlDJC/df/av 5 June 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 883 REPORT NO.: PSD-067-08 PAGE 2 1.0 APPLICATION DETAILS 1,1 Applicant: Municipality of Clarington 1,2 Purpose: To adopt the Orono Community Improvement Plan Amendment No, 1to add an Upgrade to Building Code Improvement Grant, an lnfill Grant, and 5414, 5367 Mainstreet and to the granting area, 2.0 LOCATION 2,1 The subject lands are the Orono Community Improvement project area as adopted by By-law No, 2003-124, as amended by By-law No, 2005-038, 3.0 BACKGROUND 3,1 In February 2003 the Orono BIA requested the Municipality assist the downtown merchants, Subsequently, Council approved the preparation of a Community Improvement Plan (CIP) for Orono and a study area By-law and the study proceeded, culminating in the Orono Community Improvement Plan which was adopted by Council in March of 2005 and by the Ministry of Municipal Affairs and Housing in July 2005, 3.2 The community has been kept informed as the implementation has progressed by annual reports to Council and the Community Liaison Group, To date the Municipality has expended just under $30,000 on the grant program, currently there are $16,750 grants pending and there are funds accrued in the Orono CIP account of $25,000 plus the funds from the 2008 budget allocation for the grant program, 3,3 The Orono Community Improvement Plan allows the Municipality to provide incentives and grants to business merchants and property owners in the Orono Community Improvement Project Area, 3.4 In addition to the grants program there are other works that the CIP has been a catalyst for. These include the refurbishment of the highway sign on the 35/115, the refurbishment of the signs for the entryways to Sidney B, Rutherford walk, the new railing and banner poles along Main Street in Orono, a number of tourism brochures and sponsorship of the Orono 175 flags and banners, 4.0 DESCRIPTION OF THE PROPOSED COMMUNITY IMPROVEMENT PLAN AMENDMENT 4,1 The Orono Community Improvement Plan amendment consists of grant programs for building code improvement, infill and an addition to the CIP boundary to include 5367 Main Street and 5414 Main Street as properties eligible for grants, 884 REPORT NO.: PSD-067-08 PAGE 3 5.0 PUBLIC MEETING AND SUBMISSION 5,1 At the statutory public meeting held on June 2, 2008, there were no submissions from the public. The Orono CIP has the endorsement of the community liaison group, the Orono BIA and the two affected properties owners on Main Street. 5,2 No phone calls have been received from members of the public prior to and since the public meeting. 6.0 AGENCY COMMENTS 6,1 Letters were sent to the applicable commenting agencies on April 22, 2008 asking for comments within a 3 week timeframe. No objections to the Orono Community Improvement Plan have been received. 6,2 The Clarington Engineering Services Department, Operations Department, Emergency and Fire Services and Durham Region Health Department have no comments or concerns, 6,3 GRCA and Rogers Cable Communications lnc, have no objections to the Orono CIP, 6.4 The Ministry of Municipal Affairs and Housing agree with the proposed amendment. The Durham Region Planning Department has no objections to the CIP amendment. They have indicated that it is in conformity with the Regional Official Plan and Community Strategic Plan, 6,5 Staff held a meeting on April 28th with the Orono BIA and Orono CIP Liaison Group to explain the proposed amendments, Both groups favour the proposed amendments. 7.0 COMMENTS 7,1 Based on the support expressed by both the public and agencies, it is respectfully recommended that Amendment No. 1 (Attachment 1) to the Orono Community Improvement Plan, be approved and that the necessary By-law enacted, Attachment: Attachment 1 - Amendment No, 1 to the Orono Community Improvement Plan Attachment 2 - By-law adopting Amendment No, 1 Interested parties to be notified of Council's decision: Orono BIA, c/o Marg Zwart Orono Community Liaison Group, clo Faye Langmaid Kirija Varatharajah 885 Attachment 1 To Report PSD-067-08 AMENDMENT NO.1 TO THE ORONO COMMUNITY IMPROVEMENT PLAN PURPOSE: The purpose of this amendment is to revise the grant program, BASIS: The Amendment is based upon the success of the existing grant program and the desire of the merchants and property owners to make additional improvements to their buildings which also meet the criteria of being a public benefit. ACTUAL AMENDMENT: Section 5 and Appendix 4 of the Community Improvement Plan is hereby amended as follows: 1, ADD to Section 5 5,1,3 UPGRADE TO BUILDING CODE PROGRAM The Municipality of Clarington may provide a grant for up to $5000 of the cost of building code improvements for properties within the Orono Community Improvement Plan Project Area, 5,1.4 INFILL PROGRAM The Municipality of Clarington may provide a grant for up to $10000 of the cost of infill development within the Orono Community Improvement Plan Project Area, providing that the infill enhances the street fa9ade and character of Orono, 2, REPLACE in Appendix 4 Grant Program In the first sentence, By-Law 2003-124 with Schedule A. 3, ADD 5414 and 5367 Main Street to Schedule A (the area eligible for grants). 4, ADD to Appendix 4 1.2 Upgrade to Building Code Grant Program This grant program is intended to assist property owners with the financing of building improvements required to bring existing older huildings into compliance with the current Ontario Building Code, Area of Application The Upgrade to Building Code Grant Program is available to all registered property owners or commercial tenants with a signed consent form for the improvements within the Community Improvement Project Area for the Municipality of Clarington as shown on Schedule A. 886 Eliqible works include: ~ Installation of fire protection systems; ~ Relocation or installation of fire escapes; ~ Reinforcement of floors, ceilings andlor walls; ~ Required improvements to ventilation system; ~ Improvements for barrier-free accessibility; ~ Construction or alteration of required window opening for upper storey residential units; and ~ Other improvements, at the discretion of the Director of Planning Services, related to Building Code upgrades that address health and safety issues, Eliqibilitv for Grant The applicants for the Upgrade to Building Code Grant Program must be the registered owner(s) of the property or commercial tenants with a lease agreement that extends a minimum of 2 years beyond the approval of the grant. Municipal staff will conduct a title search of the property and review property tax records, Property owners who are in arrears of property taxes are not eligible to receive the grant. The provision of any Upgrade to Building Code Grant Program will be administered on a first come first served basis to the limit of available funding in accordance with any administrative rule governing this and other grant programs, The property owner must consult with Veridian Connections as part of the application process to determine if Veridian's concerns in regards to the potential proximity of overhead power lines can be satisfactorily addressed, General Terms of Grant The grant covers up to 50% of the costs of the eligible work per building to a maximum of $5,000 per municipal street address or storefront, subject to an overall maximum of $45,000 per property owner for a building with multiple street addresses or storefronts, The grants will be provided at the discretion of the Director of Planning Services. Other Proqrams Provided all eligibility criteria and conditions are met for this program, participation in the Upgrade to Building Code Grant Program does not preclude the owner from being eligible for other grant programs offered under the Community Improvement Plan, However, at no time shall the total amount of grants provided to a property owner exceed $45,000, 887 Procedures 1, Grant Application Submitted at Time of Building Permit Application The applicant is required to submit a completed application form to the Director of Planning Services for approval. The application will include a copy of the Building Permit application including drawings detailing the proposed improvement works. This may require drawings to be prepared by a Professional Engineer or Architect. 2, Description of Eligible Works and Submission of Quotations The Upgrade to Building Code Grant Program application will include a description of the eligible works and an estimate of the works to be undertaken in order to meet the requirements of the Building Code, The estimate shall be supported by a minimum of two estimates from qualified contractors for undertaking the eligible works and shall be consistent with the cost estimate indicated on the accompanying building permit application. The cost estimate should indicate a breakdown of items, description of works to be performed, etc. The grant will be provided on the basis of the cost of the actual works not to exceed the 50% limitation and the maximum of $5,000, 3. Inspection of Building Prior to approving an Upgrade to Building Code Grant, Municipal staff may inspect the building to review the conditions and the proposed improvement. A subsequent inspection may be done during the work, 4, Decision of Director of Planning Services The final decision as to how much of the proposed work, if any, is eligible for funding under the Upgrade to Building Code Grant Program will be made by the Director of Planning Services or designate, Prior to issuing a decision, the Director may request further drawings, cost estimates or other information. 5, Expiry of Approval If all eligibility criteria and conditions are met and funds are available in the Upgrade to Building Code Grant fund, the Director of Planning Services or designate will approve the grant. A letter from the Director to the applicant will represent a commitment and will be valid for a period of 6 months, The Director at his discretion may provide extensions, However, if the building improvements do not match the drawings, materials or intent of the original approval, approval may be withdrawn. 888 6, Inspection of Completed Work Staff from the Building Services Division of the Engineering Services Department will conduct an inspection of the completed work, Staff from the Planning Services Department will confirm with the Building Services Division that the works are in keeping with the intent of the drawings and materials as originally approved, 7, Provision of Grant Following satisfactory inspections of the work and the receipt of invoices from the applicant the grant cheque will be issued providing that the property owner is not in tax arrears, The grant will be advanced to the applicant only upon completion of works and progress payment will not be made, 8. Maintenance The property owner and grant recipient is obligated to take proper actions to maintain the improvements to the satisfaction of the Municipality, Future modifications that change the integrity of the improvements are subject to the approval of the Municipality (at building permit time) and may be denied if they diminish the investment made by the Municipality, 1,3 Infill Project Grant Program This grant program is intended to assist property owners with financing the cost of the development process by providing a one time grant to offset the amount of the construction to a maximum of $10,000, All buildings are to be designed to be in keeping with the historical context of Orono, Area of Application The Infill Project Grant Program is available to all registered property owners within the Community Improvement Project Area as shown on Schedule "A', Eliqibilitv for Grant lnfill projects will qualify for funding if they are being built on lots where a brownfield is being redeveloped, a lot has become vacant as a result of a fire or disaster or a lot has become vacant through neglect and is being redeveloped by a new owner that has purchased the property through an arms length transaction, This grant program is not intended to encourage the neglect or demolition of existing buildings. The applicants for an Infill Project Grant must be the registered owner(s) of the property and must receive site plan approval and submit a building permit application for the property in compliance with the approved site plan within the Community Improvement Project Area, Municipal staff will conduct a title search 889 of the property and review property tax records, Property owners who are in arrears of property taxes are not eligible to receive the Grant. The property owner must consult with applicable utility companies as part of the application process to determine if there are concerns in regards to the potential proximity of overhead lines andlor underground utilities which are to be satisfactorily addressed, The provision of any lnfill Project Grant will be administered on a first come first served basis to the limit of available funding in accordance with any administrative rules governing this and other grant programs, General Terms of Grant Any Infill Project Grant will be provided as a one time grant to the registered owner of the property. Grants will be in the amount of $10,000 and will only apply to buildings constructed with an approved design, The grants will be provided at the discretion of the Director of Planning Services, Other ProQrams Provided all eligibility criteria and conditions are met for this program, participation in the Infill Project Grant Program does not preclude the owner from being eligible for other grant programs offered under the Community Improvement plan, However, at no time shall the total amount of grants provided to a property owner or for an individual property exceed $45,000, However, lands that are developed by means of registered plans of condominium or are developed by successive phases of a comprehensive site plan agreement are eligible to receive a maximum of $45,000 in grants per phase of a site plan agreement. P roced u res 1, Grant Application Submitted at Time of Site Plan Control Application The applicant is required to submit a completed Infill Project Grant application form to the Director of Planning Services for approval prior to commencing construction, The application will include a copy of the Site Plan, the building permit application and the building permit drawings, This may require drawings to be prepared by a Professional Engineer or Architect. 2, Provision of Grant Following the completion of the work and final inspection by the Engineering Services Department, the grant will be provided for approved projects and providing that the property owner is not in tax arrears. 890 3, Description of Eligible Works and Submission of Quotations The Infill Project Grant application will include a description of the eligible works, elevation drawings, and an estimate of the works to be undertaken in order to construct the building, The grant will be provided to the maximum of $10,000, 4, Decision of Director of Planning Services The final decision on whether a property is eligible for an Infill Grant will be at the discretion of the Director of Planning Services, 5. Expiry of Approval If all eligibility criteria and conditions are met and funds are available in the grant fund, the Director of Planning Services or designate will approve the lnfill Project Grant. A letter from the Director to the applicant will represent a commitment and will be valid for a period of 6 months, The Director at his discretion may provide extensions, However, if the infill project does not match the drawings, materials or intent of the original approval, approval may be withdrawn, 6, Inspection of Completed Work Staff from the Planning Services Department will conduct an inspection to ensure the works are in keeping with the intent of the drawings and materials as originally approved, The applicant must finalize their building permit inspections with the Building Services Division prior to any funds being released, 7, Provision of Grant Following satisfactory inspections of the work the grant cheque will be issued providing that the property owner is not in tax arrears, The grant will be advanced to the applicant only upon completion of works and progress payment will not be made, IMPLEMENTATION: The proVIsions set forth in the Community Improvement Plan as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Community Improvement Plan as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. 891 Schedule "A" l- I N lV w ~~J,; : " W (.~ f I a: I I!;L 8 ,,/ g ~ ~ ~ - . '. ". P!/!!/!/!/! /....,..,..,...., CENTREVI /if}:il\j{i~!itmi!;.J I ' . '.' . , . . '..,. . . . I ::::::~ ::~.:::::?:: ::,:::';:: ::}8::: :::::.::.:::::: ::(::~:::~:':::',:":':::'.:":: ~ '..".".".,w,."..J:.'..'.o {~~2cii!i!i~i%~% ~ PARK STREET ':'-1:' ", ", '. " ~ ' . '. , ". ' . .... ::,:::,,:,::.,:,::,,:./ .....:~.:.80{.:; '. '. '. "..., " . " . ". C/) - ~ ~ .<1'1"0", J -r1?12. ~.. ..',.. ,...'. .,:.,::::0 JiJ 12-r ':: ,::':':;';';':'-':':':.: ':':'-';';':'-':' /;::,;.;':' '::;' I -.......... '~ .... . "::. :'>:.:.<::.<<: C/) J-... . ::::':: " I CI) $ ~~ () n:: ::::> iJj ~~ I " () ~ -...... 51 ~E~RE1 lfB''''\[ .1'" Orono CIP Grant Area 892 Attachment 2 To Report PSD-067-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2008- being a By-law to adopt Orono Community Improvement Plan Amendment No, 1 WHEREAS by By-law No. 2003-124, as amended by By-law No. 2005-038 Council designated the Orono Urban area as described in the Municipality of Clarington's Official Plan and the surrounding physical context shown on the map contained in Schedule "A" of By-law No. 2003-124 as a community improvement project area pursuant to subsection 28(2) of the Planning Act, R.S.O. 1990, c.P.13, as amended; AND WHEREAS Council by By-law No. 2005-039 approved the community improvement plan prepared for the Orono community improvement project area pursuant to Council's direction; AND WHEREAS the Ministry of Municipal Affairs of Housing approved the community improvement plan as amended on July 14,2005; AND WHEREAS subsection 28(5) of the Planning Act authorizes Council to pass a by- law for the adoption of an amendment to a Community Improvement Plan for a community improvement project area; AND WHEREAS Council deems it advisable to adopt Amendment NO.1 to the Orono Community Improvement Plan; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1, THAT the Clerk of the Municipality of Clarington is hereby authorized and directed to make application to the Minister of Municipal Affairs and Housing for amendment to the aforementioned Orono Community Improvement Plan; and, 2. THAT this By-law shall come into force and take effect on the date of the passing hereof, BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 893 Cl!![mgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, June 16, 2008 Report #: PSD-068-08 File No's: A2008-0014, A2008-0017 By-law #: & A2008-00 18 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 29, 2008 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-068-08 be received; and 2, THAT Council concurs with the decisions of the Committee of Adjustment made on May 29,2008 for applications A2008-0014, A2008-0017 and A2008-0018 and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Davi ,Crome, M,C,I.P., R.P.P. Director of Planning Services Reviewed by: d ~_~U Franklin Wu, Chief Administrative Officer MKlCP/DJC/sh/df June 6, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 894 REPORT NO.: PSD-068-08 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, A2008-0014 DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MAY 8, 2008 Staff Recommendation Approve with conditions Approve with conditions Approve with conditions A roved with conditions A2008-0017 A roved with conditions A2008-0018 A roved with conditions 1,2 Application 2008-0014 was originally considered at the May 8, 2008 Committee of Adjustment meeting, however the application was deemed incomplete and was TABLED to allow for the applicant to submit the required information regarding the proposed accessibility ramp, The revised application is to permit the construction of an accessibility ramp within the easterly interior side yard, by reducing the minimum required interior side yard setback from 1,2 metres to 1,07 metres to the ramp and 0.77 metres to the landing, and increasing the total lot coverage from 40% to 46% of the lot. Staff recommended approval of this application subject to conditions, as the reduced interior side yard setbacks will not adversely affect the maintenance or drainage on the property, and there will remain sufficient private amenity space in the rear yard. The Committee concurred with staff recommendations and imposed the following condition: · That no existing drainage patterns are altered or adversely affected as a result of construction. 1.3 Application A2008-Q017 was filed to permit the construction of an addition to a single detached dwelling by increasing the maximum permitted lot coverage from 40% to 43%. The existing buildings on the property include the primary dwelling with an attached garage, a garden shed and a covered patio, The applicant proposes to build a second detached garage, remove the shed and enclose a pool area, After the removal of the shed, and the construction of the second garage, the enclosed pool area will result in an increase in the maximum permitted lot coverage, 895 REPORT NO.: PSD-068-08 PAGE 3 Staff recommended approval of the application subject to conditions, as the increase in total lot coverage from 40% to 43% is considered minor in nature, the proposed addition will continue to comply with all other requirements of the Zoning By-law and the application conforms with the intent of the Zoning By-law, It was also staff's opinion that the subject property is located in an eclectic neighbourhood, having a variety of different sizes and styles of accessory buildings and dwellings, and the proposed addition would maintain the existing character of the neighbourhood. The Committee concurred with staff recommendations and imposed the following conditions: . That the existing garden shed be removed from the property prior to the issuance of a building permit for the pool enclosure; and . That no existing drainage patterns be altered or adversely affected as a result of construction, 1.4 Application A2008-0018 was filed to permit the construction of a single detached dwelling by reducing the minimum required westerly interior side yard setback from 1.2 metres to 1,1 metres. Due to an error made during the construction process, the foundation of the dwelling was poured 0.1 metres closer to property line than what is permitted by the Zoning By- law, A minor variance application was submitted to correct this construction error. Staff recommended approval of this application subject to conditions, The Committee concurred with Staff recommendations and imposed the following condition: . That the final lot grading conforms to the intent and integrity of the approved lot grading plan, 2.0 COMMENTS 2,1 Council's concurrence with the decisions of the Committee of Adjustment for applications A2008-0014, A2008-0017 and A2008-0018 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 896 Attachment 1 To Report PSD-068-0B ClfJ!ilJglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: CUTTING EDGE CONSTRUCTION PARTICIPATION HOUSE PROPERTY LOCATION: 258 WEST SCUGOG LANE, BOWMANVILLE PART LOT 13, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2008-0014 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSIBILITY RAMP WITHIN THE EASTERLY INTERIOR SIDE YARD FOR ACCESS TO THE REAR OF THE DWELLING WITH A SETBACK OF 1,07 METRES TO THE RAMP AND 0,77 METRES TO THE LANDING AND AN INCREASE IN TOTAL LOT COVERAGE FROM 40% TO 46 DECISION OF COMMITTEE: TO APPROVE THE MINOR VARIANCE TO PERMIT THE CONSTRUCTION OF AN ACCESSIBILITY RAMP WITHIN THE EASTERLY INTERIOR SIDE YARD FOR ACCESS TO THE REAR OF THE DWELLING WITH A SETBACK OF 1.07 METRES TO THE RAMP AND 0.77 METRES TO THE LANDING AND AN INCREASE IN TOTAL LOT COVERAGE FROM 40% TO 46% OF THE LOT, SUBJECT TO THE CONDITION THAT NO EXISTING DRAINAGE PATTERNS ARE ALTERED OR ADVERSELY AFFECTED AS A RESULT OF CONSTRUCTION, AS IT IS MINOR IN NATURE, CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD, DATE OF DECISION: May 29,2008 LAST DAY OF APPEAL: June 18, 2008 897 Clw;ington PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: WINDMILL DESIGN INC, ROBERT VAN LONDEN PROPERTY LOCATION: 65 SCUGOG STREET, BOWMANVILLE PART LOT 12, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2008-0017 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 43%, DECISION OF COMMITTEE: TO APPROVE THE MINOR VARIANCE TO PERMIT THE CONSTRUCTION OF AN ADDITION TO A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 43%, SUBJECT TO THE FOLLOWING CONDITIONS, . THAT THE EXISTING GARDEN SHED BE REMOVED FROM THE PROPERTY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THE POOL ENCLOSURE; AND . THAT NO EXISTING DRAINAGE PATTERNS BE ALTERED OR ADVERSELY AFFECTED AS A RESULT OF CONSTRUCTION AS IT IS MINOR IN NATURE, CONFORMS WITH THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD, DATE OF DECISION:' May 29,2008 LAST DAY OF APPEAL: June 18, 2008 898 ClwiggtDn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: VERMONT VILLAGE HOMES LIMITED VERMONT VILLAGE HOMES LIMITED PROPERTY LOCATION: 423 LONGWORTH AVENUE, BOWMANVILLE PART LOT 10, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2008-0018 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED WESTERLY INTERIOR SIDE YARD SETBACK FROM 1,2 METRES TO 1,1 METRES, DECISION OF COMMITTEE: TO APPROVE THE PROPOSED REDUCTION IN WESTERLY INTERIOR SIDE YARD SETBACK FROM 1,2 METRES TO 1.1 METRES TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING, SUBJECT TO THE CONDITION THAT THE FINAL LOT GRADING CONFORMS TO THE INTENT AND INTEGRITY OF THE APPROVED LOT GRADING PLAN AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD, DATE OF DECISION: May 29,2008 LAST DAY OF APPEAL: June 18, 2008 899 Cl!J!:il1gtDn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 16, 2008 Resolution #: Report #: EGD-027 -08 File #: By-law #: Subject: AGREEMENT OF UNDERSTANDING FOR FOSTER CREEK NORTH SUBDIVISION (18T -89059) - L1NDVEST PROPERTIES LIMITED Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report EGD-027-08 be received; 2, THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the Agreement of Understanding with Lindvest Properties Limited for the cut, fill and grading works and the erosion and sedimentation control works on the draft approved Foster Creek North Subdivision (18T -89059); 3, THAT Council approve the by-law attached to Report EGD-027-08 to confirm its decision to enter into the Agreement of Understanding with Lindvest Properties Limited; and 4. THAT Lindvest Properties Limited be notified of Council's decision and that the Agreement of Understanding be forwarded to them for execution once it has been drafted to the satisfaction of the Director of Engineering Services and the Municipality's Solicitor, CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 901 Report #EGD-027-08 Page 2 Respectfully by, 4t?'~ Submitted by: A.S. Cannella Director of Engineering Services ASC/LJB/jo June 4, 2008 I &~u Chief Administrative Officer 902 Report #EGD-027-08 Page 3 1.0 BACKGROUND 1,1 The Foster Creek North subdivision is located east of Rudell Road, north of Highway 2 in the Village of Newcastle, The 665 unit development was draft approved in April 2007. Engineering Department staff have recently completed the review of the second submission of engineering drawings, 1,2 The owner, Lindvest Properties Limited, has requested in their May 28,2008 letter (see Attachment 1) that the Municipality permit them to pre-grade the site within the Phase 1 and part of Phase 2 lands, The reason for the request is that fill is required to be placed in the area of Phase 1, and there is excess material which is required to be excavated in Phase 2, south of future Grady Drive, Approximately 78,000 cubic metres is proposed to be moved within the site, No importation or exportation of material will occur during this pre-grading phase, As the developer states in their letter, not only is it cost effective to cut and fill within the site, but it will also result in significantly reduced truck traffic compared to that which would occur if the material were imported for Phase 1 and exported for Phase 2, 1,3 The developer has submitted a cost estimate for the construction and maintenance of erosion and sedimentation controls and stabilization of the disturbed areas, They are prepared to post a $340,000 Letter of Credit for these works which can be drawn upon in the event that they do not comply with the Agreement of Understanding, 1.4 A small area of Phase 1 is regulated by the GRCA under the Conservation Authorities Act. Lindvest has obtained a permit from GRCA to grade in the regulated area, 1.5 A similar Agreement of Understanding was recently entered into by the Municipality for works very similar to this request in the Courtice Area, 903 Report #EGD-027 -08 Page 4 2.0 REVIEW AND COMMENTS 2,1 Staff have met with the developer and have reviewed their request as submitted. Staff have no objection to the pre-grading and concur with the cost estimate which will form the basis of the Letter of Credit. Staff will recommend that, if the Agreement of Understanding is approved, the developer communicate with the neighbouring property owners with respect to the proposed works and provide those property owners with contact numbers in the event that they have any questions or complaints, Staff have also requested a Site Alteration Plan which clearly depicts location and method of erosion and sediment control, dust and mud control and restorationlstabilization of disturbed areas, 3.0 CONCLUSION 3,1 Staff recommend that the Municipality of Clarington enter into an Agreement of Understanding with Lindvest Properties Limited for pre-grading works as outlined in their May 28, 2008 letter once a Letter of Credit and a Site Alteration Plan have been received to the satisfaction of the Director of Finance and the Director of Engineering Services respectively, Attachments: Attachment 1 - May 28, 2008 Request to Proceed with Topsoil Stripping and Grading - Lindvest Properties Limited Attachment 2 - Key Map Attachment 3 - By-Law authorizing the Mayor and Clerk to execute the Agreement of Understanding between Lindvest Properties Limited and the Municipality of Clarington 904 lindvesf ATTACHMENT NO,:1 REPORT NO,: EGD-027-08 May 28, 2008 Municipality of Clarington Department of Public Works 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 Attention: Ms. Leslie Benson, P. Eng. Transportation and Design Manager Re: Foster Creek North - Phase 1 Lindvest Properties (Clarington) Limited Draft Plan of Subdivision 18T -89059 Request to Proceed with Topsoil Stripping and Grading Dear Leslie: Thank you for meeting with us and Bob Annaert on May 12, 2008 to discuss the development approval status; the status of the preparation of the Subdivision Agreement; and the requirements of the Municipality to proceed with site preparation works. The discussions and approximate time lines to complete the planning and engineering approval process to the ultimate goal of obtaining a Subdivision Agreement and registration of the plan of subdivision for Phase 1 were very helpful. While significant progress has been made to satisfy the various draft plan conditions leading to the completion of a Subdivision Agreement, it was evident given staff time constraints and normal approval processing time frames, it would not be possible to have a Subdivision Agreement provided for execution until late July or August 2008. While this time frame appears to be acceptable for the start of underground servicing and road construction, a significant time is required in advance of those works including site preparation, tree clearing, installation of erosion controlp measures', topsoil' stripping and stockpiling'; and the rough grading' of the site prior to the start of underground servicing. As such, we respectfully request that the Municipality allow us to proceed with the site works in advance of the subdivision agreement. It is our hope to commence with the site works in late June, which in turn would allow us to service the site once the subdivision agreement is available. This schedule would allow time to complete the installation of the underground services and road work by December 2008 for building permit availability. We believe that the engineering review and approval process is far enough along to allow the site preparation work to begin. In this regard, we advise as follows: 3625 DUFFERIN STREET. SUITE 405 . DOWNSVIEW . ON . M3K 1N4 TEL: 416.635.7520 . FAX: 416.635.9921 905 Page 2 · A Tree Preservation Plan has been prepared, submitted, and reviewed by the Municipality to ensure that the site clearing activity will not impact any trees identified to be preserved. · In the engineering review process, we have now received 2nd submission comments from the Municipality which require only limited revisions for approval. There are no major issues with respect to road grades or lot grades which would impact on the rough grading of the site. · A permit has been issued by the Ganaraska Region Conservation Authority (copy attached) for the installation of erosion control measures, topsoil stripping and stockpiling, and rough grading of the site based on Erosion and Sediment Control Plans submitted to the Municipality and GRCA. As discussed in our meeting, the limits of the site preparation and rough grading work, must include all of Phase 1 and Phase 2, south of proposed Grady Drive (see attached plan). While the Subdivision Agreement will be limited to the registration of Phase 1, earthworks for Phase 1 cannot balance within the limits of it's registration. The existing topography and proposed road and lot grading is such that Phase 1 has a shortage of approximately 78,000 cubic metres of fill required, while Phase 2 has an excess cut of a similar volume. Therefore, we have proposed the grading of both Phase 1 and Phase 2 at this time in order to balance the earthworks operation by removing the excess cut on Phase 2 and placing it as the fill required for Phase 1. This operation is not only the most cost effective, it will also allow the cut and fill grading to remain on site, rather than importing fill into Phase 1 and exporting cut from Phase 2 by a trucking operation that would be a nuisance and source of potential complaints by neighbouring residents. Please note that all site preparation work would be limited to within the development site. The off-site Phase 1 grading and servicing of Rudell Road and the Rudell Road Stormwater Management Pond would not be initiated without an executed Subdivision Agreement. Prior to the start of the site preparation work, we are prepared to issue a security in the form of a Letter of Credit to the Municipality. This security would secure the site restoration works of the area to be disturbed. These restoration works would cost ih the order of '$340,000. A copy of the estimate for this security is attached for your use and information. Should there be complaints respecting dust, mud on existing roads, etc., these complaints would be dealt with expeditiously as required with water trucks, dust reduction with calcium, and street sweeping and cleaning. It is also our intention to hydro-seed the Phase 2 lands so as to minimize dust that may be generated following the initial site works. Given the above, your assistance in allowing us to proceed with site works in order to achieve our target construction dates would be greatly appreciated. If we are unable to proceed with the site preparation until a Subdivision Agreement is 906 '. Page 3 available for execution in late July or August 2008, the services and road construction will not be completed this year and we would be forced to service the site next year. Should you have any questions or require anything further to process this submission, please don't hesitate to contact us or Bob Annaert at your convenience. Yours truly, Lindvest Properties (Clarington) Limited /}' ;{/~. A.f / .~~~a~/~'~ Dianne Hipwell, MCIP, RPP Development Manager cc. Mr. Bob Annaert, DG Biddle & Associated Limited Mr. Larry Taylor, Planning, Town of Clarington 907 I ~~ // "'''''''\", - ~ f"'" :....,,,../ ,rIt~St' tawrenee" It / u~o ~~~""" /\ 1\' / ;\ / / ~n~a/fwaY ~~~~ ~yr:~ :=~' I~\\ II U=~~~2= =~\ 'llL/ ~ '----- Y..-----,-::::: 1--1-- I--t--- ~ =:] r L.. ~~ ~~ .==.=== TrTli ~ [ ::-=-- ~ L~ ~~ =c= =~~L~I I~ JJ\ I \ ~~ ~ ==== == I~\. S (, It RJ --:- == ~== == I-{/ ;= Z ~ ~ 11 M~S~ = ;:=;= = 1/ / - \ f-E_ J -I- - G.':"c:IY..l?rlv.e I I-- = \ ~~ = f-ll ,-- =-. ~ , 1 '---' ~ -\ '- II t:::::J t=t= I Iii I t=3 ~ I I III ~L' J - - ~\ ! IH 1--+-' I II-'-L~IIIIH I ~iGl ~ ~ 3, ill _ ~ Thomas. I- '- ~ __ 3l _ ~ , ill = -: '-- ~ I-- _ - -= I-- .9,eorge street 0- k' ,. G ,,-,...:a; ~..: \~f-~ ~:=~ = VI I-- /1 , ~ f-1-"l:I -I-- ~ Woodlock \" I- ::=t-~ =l- ~ r-r--- r-\ t I ~ I _J IJ#", (:\ \ = =:= B FIIIIIIIII,f= ::=I-&: =r-'P ~ \ . _le~ ~ \ lillrrrm ~o~~v_;~ ~]rrf-~ =]rr~ r=, ~\~ <" '"~~ WS~~ ~ / ~ ~~ '-- ~~.J II r;= ~ct ==== ~E _G~SUIAv~n~~ ~ N. ~ j) I LJ I Il== ~ 1 r :~ ~--J\\ \."_ '~-I::- I T _-.r- ~ King Street i }~ ~W~l~ ~ w.1H~~ ) \ \ \ "\ . =,,\ II /= ='"' I LlJi1a~ de~c!eht l.~ -- -- -~ \-- -- II -- - ~ I--- -== -- - ~ = -~ = ~ -3os~eq::re)ek' Drive - = ~ =8 ( I 1'- I I I I I TI1TI II'>-. ! ~ ~~r .~--~~ .....l."'~cl\I//~~ ~iIIJli:.~ z'C'~I?, :::1/ fi ! ~ ~ ~~., / I ~~III~ --;III I =tmf II ~ I ffi~= ~$YPi.ec;ti ~ ~ '(;i; ~ l L ~ PJrrr- :::--rLr<~ ~~= _Sitt's;;!. "1~. I J1lJ( I ~::;; 9III'II1I1I1J 11 V--o ~1lI:-; ~ I . I fT ~ ~_l-Z 111l=J ,~ - DRAWN BY: E,L. 1 :!M mIlt h C::: i: ~Ki'rnkSl --P==Cl Yl3llim~~~~ NEWCASTLE I ~~ ~. KEYM~~ u~ w~ ~s s I DATE: June 6,2008 REPORT EGD-027 -08 ATTACHMENT NO.2 908 G :\AttachmentsIFosterCkNth .mxd ATTACHMENT NO,:3 REPORT NO.: EGD-027-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2008-XXX Being a By-law to authorize the execution of an Amending Agreement of Understanding between the Corporation of the Municipality of Clarington and Lindvest Properties Limited for the purpose of cut, fill and pre-grade on a future development site in the Foster Creek North Subdivision (18T-89059), WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-027 -08, including the recommendation that the Corporation of the Municipality of Clarington enter into an Agreement of Understanding for the purpose of filling a future development site in the Foster Creek Neighbourhood, NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Mayor and Clerk are authorized to execute an Amending Agreement of Understanding between the Corporation of the Municipality of Clarington and Lindvest Properties Limited (18T-89059), BY-LAW read a first and second time this XXth day of XXXX, 2008. BY-LAW read a third time and finally passed this XXth day of XXXX, 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 909 Clillmgtnn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 16, 2008 Resolution #: Report #: EGD-028-08 File #: By-law #: Subject: PROPOSAL TO CLOSE AND CONVEY A PORTION OF AN UNO PEN ROAD ALLOWANCE SITUATED IN LOT 27, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF CLARKE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report EGD-028-08 be received; 2. THAT Council authorize the publication of a notice of application that the Municipality intends to pass a by-law to close that part of the unopen road allowance situated between George Manners Street (unopen) and Park Lane (Attachment No.1) and in Lot 27, Broken Front Concession, Former Township of Clarke, pursuant to section 34 of the Municipal Act and By-Law No. 95-22; 3, THAT when Section 34 of Municipal Act and By-Law No. 95-22 have been complied with, Council pass a by-law and declare that portion of the unopen road allowance to be surplus; 4, THAT subject to Council's consideration of any representations made at the public meeting respecting the passing of by-laws declaring the subject lands to be surplus, and authorizing the closure of the subject lands as a public highway and its conveyance to the applicant, Council pass the necessary by-laws to implement this report; 5, THAT the applicant pay all legal, advertising, appraisal and land costs associated with this transaction; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 910 Report #EGD-028-08 Page 2 6. THAT Mr, Corey Barr be advised of Council's decision. Respectfully by, Submitted by: A.S. Cannella Director of Engineering Services ASCljo June 5, 2008 hi viewed by: Franklin Wu /b v Chief Administrative Officer 911 Report #EGD-028-08 Page 3 1.0 BACKGROUND 1,1 An application for draft plan of subdivision has been submitted to the Municipality to subdivide a 4,5 ha property between (unopen) George Manners Street and Park Lane and between Boulton Street and Queen Victoria Street in Bond Head (Part Lot 27, Broken Front Concession, former Clarke Township). The developer proposes to create eight residential lots on this property. 1,2 The Municipality's solicitor has confirmed that there is an unopen road allowance (Darcy Street) which crosses the property approximately one quarter of the way south of the north property line (see Key Map), The Darcy Street road allowance does continue west to Mill Street but does not continue east of Park Lane, 1,3 The developer owns both sides of the road allowance and has made application to the Municipality to close and convey the road allowance in order to consolidate the properties and create the eight lot subdivision. 2.0 MUNICIPALITY POLICY AND PROCEDURE FOR ROAD CLOSURE 2,1 The Director of Engineering Services has made a preliminary determination that this portion of Darcy Street is not likely required for public highway purposes, In accordance with the Municipal Policy and Procedure for Road Closures, an application has been made, and staff request the consideration by Committee to recommend the closure and conveyance to Council. 2,2 If approved in principle, staff will circulate the application to all utilities, authorities and municipal departments, The applicant will be responsible to provide a reference plan and pay appraisal, advertising, legal and land costs, 2,3 The Municipality must, under By-law 95-22, declare the land surplus and also determine whether the surplus property shall be sold by the acceptance of an offer from a member of the public, sold at fair appraised market value to adjacent owners or exchanged for other property of equal or greater value, 912 Report #EGD-028-08 Page 4 2.4 Under the Municipal Act, the Municipality must give notice of its intention to pass a by-law closing the road allowance, hold a public hearing and, if Council approves, pass a by-law closing the road allowance, pass a by-law declaring the land surplus and pass a by-law conveying the land, 3.0 CONCLUSION 3,1 The Director of Engineering Services has determined the unopen portion of Darcy Street between George Manners Street and Park Lane in Bond Head is not required for the Municipal road network, It is, therefore, recommended that Council direct staff to process the application to close, declare surplus and convey this part of the road allowance, Attachments: Attachment 1 - Key Map List of Interested Parties: Mr, Corey Barr 913 585 26 ... C\) C\) 589 .. 590 ... en ~ 592 598 593 Queen Victoria Street 601 603 604 607 608 Darcy Street 612 615 ... C\) 619 ~ ... en ~ C\) 623 C C CU ~ C\) 627 E' 0 C\) 631 C) NEWCASTLE 44 33 C\) 73 C CU ...J ~ .. CU c.. 53 Portion of'Darcy St. I '- ~1 I Closed & Conveyed 35 o .... o to <Xl 3600 Boulton Street .., .... N L() 0> 4 It) M M .., , , , . i ! w4 ?e s DRAWN BY: E.L. DATE: June 6,2008 REPORT EGD-028-08 ATTACHMENT NO.1 G:\AttachmentS\BarrSsubd~~di\ead. mxd Cl{}l-!lJgton REPORT ENGINEERING SERVICES DEPARTME Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 16, 2008 Resolution #: Report #: EGD-029-08 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2008, Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report EGD-029-08 be received for information. Submitted by: .~t4'a A. S, Cannella, C,E.T. Director of Engineering Services Reviewed by: Franklin Wu ,# Chief Administrative Officer ASC*RP*bb June 10, 2008 CORPORATION OF THE MUNICIPALITY OF CLARIN( 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623 915 REPORT NO.: EGD-029-08 PAGE 2 1, BACKGROUND 1,1 With respect to the Building Permit Activity for the month of MAY 2008, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF MAY 2008 2007 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2008-2007 Residential 88 $10,123,761 94 $14,100,133 -28,2% Industrial 1 $1215056 2 $6,000,000 -79,7% Government 2 $1,675,000 0 $0 N/A Commercial 5 $131,200 8 $463,910 -71,7% Institutional 1 $20,000 0 $0 N/A Agricultural 3 $54,720 5 $1,681,014 -96.7% Demolition 2 $0 8 $0 N/A TOTAL 102 $13,219,737 117 $22,245,057 -40.6% 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 267 $43,819,476 358 $63,353,024 -30.8% Industrial 1 $1,215,056 6 $6,316,800 -80.8% Government 2 $1,675,000 0 $0 N/A Commercial 23 $2,117,151 21 $8,566,965 -75,3% Institutional 7 $3,115,000 0 $0 N/A Agricultural 14 $5,533,960 7 $1,771,014 212,5% Demolition 9 $0 16 $0 N/A TOTAL 323 $57,475,643 408 $80,007,803 -28,2% 916 REPORT NO.: EGD-029-08 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 MUNICIPALITY OF CLARINGTON H.R. WELDING L TO. Construction Type Public Library Facility New Building - H R Welding Ltd Location 150 KING EAST AVENUE, NEWCASTLE VILLAGE 40 BRITTON COURT, BOWMANVILLE Value $1,670,000 $1,215,056 917 REPORT NO.: EGD-029-08 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "MAY" and "YEAR TO DATE". Dwelling Unit Type "MAY' 2008 25 Townhouse 48% 6 Semi- Detached 12% I!l Single Detached 20 . Semi-Detached 6 DTownhouse 25 DApartment 1 Dwelling Unit Type ."YEAR TO DATE 2008" 25 T ownhous e 14% 28 Semi- Detached 15% 2 Apartment 1% I!l Single Detached 128 . Semi-Detached 28 DTownhouse 25 o Apartment 2 The following is a historical comparison of the building permits issued for the month of "MAY" and "YEAR TO DATE" for a three year period. $25,000,000 $20,000,000 $15,000,000 $1 0,000,000 $5,000,000 $0 Histolical DaM fOI Month of ..MAY" 2008 2007 2006 Ii:J Value $13,219.737 $22,245,057 $8,888,344 $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $1 0,000,000 $0 Histolic.11 ["lta .YEAR TO DATE" 2008 2007 2006 r:J Value $57,475,643 $80,007,803 $62,592,496 918 REPORT NO.: EGD-029-08 PAGE 5 PERMIT REVENUES 2008 2007 May Year to Date May Year to Date I PERMIT FEES $ 99,645 $ 398,820 $ 117,247 $ 616,740 INSPECTION SERVICES 2008 2007 May Year to Date May Year to Date Building Inspections 191 1,568 519 2,378 Plumbing & Heating Inspections 295 1,998 521 2,098 Pool Enclosure Inspections 0 0 0 0 TOTAL 486 3,566 1,040 4,476 NUMBER OF NEW RESIDENTIAL UNITS 2008 2007 May Year to Date May Year to Date Single Detached 20 128 49 188 Semi-Detached 6 28 4 58 Townhouse 25 25 8 20 Apartments 1 2 1 1 TOTAL 52 183 62 267 919 tEPORT NO.: EGD-029-08 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2008 (to end of 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 AREA May) Bowmanville 87 451 608 307 587 468 345 312 188 184 313 Courtice 60 82 126 241 173 180 133 129 231 296 254 Newcastle 9 77 84 202 191 123 131 76 110 78 4 Wilmot Creek 12 16 15 15 25 29 38 24 19 21 33 Orono 2 1 1 1 2 0 1 0 0 1 0 Darlington 1 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 6 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 183 655 860 802 1,015 843 701 609 679 640 636 920 ClfJ!.-YJgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 16, 2008 Resolution #: Report #: EGD-030-08 File #: By-law #: Subject: SITE ALTERATION BY-LAW AND POLICIES AND PROCEDURES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report EGD-030-08 be received; 2, THAT, provided there are no significant issues raised by the General Purpose and Administration Committee, the Committee recommend to Council that the Site Alteration By-law - Policies and Procedures be endorsed by Council; and, 3, THAT, subject to a final review of the By-Law by the Director of Engineering Services and the Municipal Solicitor, Council enact the Site Alteration By-law, Respectfully by, Ii ,//U~\ L RO wed by: Franklin Wu If Chief Administrative Officer Submitted by: A.S. Cannella Director of Engineering Services ASC/jo/dv June 6, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 921 Report #EGD-030-08 Page 2 1.0 BACKGROUND 1,1 Committee will recall that it reviewed, and Council approved in principle, a draft of the Site Alteration By-law at its April 14, 2008 meeting. 1,2 At that meeting, the matter was referred back to the Engineering Services staff to refine the By-law and prepare the Policies and Procedures for administering the By-law, 2.0 POLICIES AND PROCEDURES 2.1 Obiectives of the Site Alteration Bv-law The intent of the By-law is to: · prevent off-site impacts such as erosion, runoff and sedimentation, · ensure that all fill and excavation operations comply with all government standards and regulations, In the event that staff suspect that a fill or excavation operation does not comply with another authoritative body's standards or regulations, that authoritative body may be contacted for input to the application, · prevent the Dumping, as defined in the By-Law, of Contaminated Fill · ensure that placement or excavation of fill is compatible with the surrounding area, 2,2 Site Alteration Bv-Iaw Policies and Procedures (Attachment 1) To this end, staff have prepared the Site Alteration By-law Policies and Procedures (see Attachment 1) which outlines the recommended guidelines for administering all Site Alteration Permit Applications, There are five sections to the policy: 2.2,1 Permit Conditions - outlines the conditions under which the permit is issued, It outlines the obligations of the applicant and outlines the right of the Municipality to inspect and direct the works, This section also defines the Municipality's actions in the event of any non-compliance by the permit holder, 922 Report #EGD-030-08 Page 3 2,2,2 Requirements for Site Alteration Permit - outlines the information required from the Applicant in order to process the application, 2,2,3 Site Design Guidelines - defines the objectives of the Municipality in reviewing a permit and outlines design guidelines for the site alteration plan including erosion and sediment control and rehabilitation, 2,2.4 Letter of Credit - outlines the security which must be submitted to the Municipality to ensure that the works are done in accordance with the permit. 2,2,5 Site Alteration Application including application and permit fees. 3.0 COMMENT 3,1 The Policies and Procedures have been reviewed by staff, and it is staff's view that they will provide a solid basis and guideline for administering the Site Alteration By-law, 4.0 CONCLUSION 4,1 Staff respectfully request Committee's input on the Policies and Procedures at this time and request that Committee recommend that Council endorse the document. Attachments: Attachment 1 - Site Alteration By-law Policies and Procedures 923 Attachment #1-EGD-030-08 Page 1 of 10 Municipality of Clarington Site Alteration By-law Policies and Procedures June 2008 924 - 2 - Table of Contents 1, 2, 3, 4, 5. 6. Permit Conditions Requirements for Site Alteration Permit Site Design Guidelines Insurance Letter of Credit I Security Deposit Application Form 3 4 5 6 6 8 925 - 3 - INTRODUCTION The Municipality of Clarington Site Alteration By-law - Policies and Procedures have been prepared by the Engineering Services Department to set out guidelines for the dumping, excavation and filling of sites and associated works (the 'works') within the Municipality to ensure compliance with the Site Alteration By-law. Any variation from these guidelines will only be permitted if the intent of the Site Alteration By-law is met and at the sole discretion of the Director of Engineering Services, 1.0 PERMIT CONDITIONS 1,1 All permit holders shall: (a) notify the Director in writing a minimum of two (2) business days prior to the commencement or recommencement of any site alteration and/ or associated works; (b) obtain permission in writing from the Director prior to modifying any element of the Application; (c) install all control measures as identified in the approved Erosion and Sediment Control Plan prior to any site alteration; (d) maintain all road drainage systems, storm water drainage systems, control measures and other facilities identified in the Application; (e) promptly repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities; (f) inspect the sedimentation control measures at least once per week and after each rainfall within 24 hours and make needed repairs to the satisfaction of the Director of Engineering Services; (g) allow Municipal officers or agents of the Municipality to enter the site for the purpose of inspecting for compliance with the Application or for performing any work necessary to bring the site into compliance with the permit, including the Erosion and Sediment Control Plan; (h) maintain a copy of the permit on the site; (i) notify all sub-contractors and suppliers of approved access routes to the site and ensure compliance with these instructions; U) maintain all roads in same or better condition than existed prior to the commencement of the work and keep all roads free from any materials or equipment arising from the work set out in the permit; (k) ensure that no construction machinery is running or operating before 7:00 a,m. or after 11 :00 p.m" Monday to Saturday, inclusive, or at any time on Sunday; (I) be responsible for the activities of their agents, employees, contractors and sub-contractors who may create a situation of non- compliance with the permit; and, 926 - 4- (m) construct additional works and or erosion and sediment controls not identified in the Site Alteration Plan as deemed necessary by the Director. 1.2 The Municipality may: (a) inspect the site periodically to ensure compliance with the permit; (b) direct the permit holder to complete certain works in a defined period of time to bring the site into compliance with the permit and/or additional works to ensure no adverse impacts to the environment or to adjoining properties; (c) upon failure by the permit holder to complete all or part of the works in the time stipulated in the Application, may draw the appropriate amount from the securities posted and use the funds to arrange to complete the said works, or any part thereof; (d) upon failure by the permit holder to install, repair or maintain a specific part of the works as requested by the Municipality, and in the time requested, may at any time authorize the use of all or part of the securities to pay the cost of any part of the works it may in its absolute discretion deem necessary; (e) in the case of emergency repairs or clean up, may undertake the necessary works at the expense of the permit holder and reimburse itself out of securities posted by the permit holder; (f) when deemed necessary by the Director of Engineering Services, redesignate truck routes and trucking schedule and may require additional sign age; and, (g) require the applicant to provide pre and post hauling pavement assessment at their cost and to the satisfaction of the Director of Engineering Services. 2.0 REQUIREMENTS FOR SITE ALTERATION PERMIT 2.1 The following drawings, details and information may be required by the Municipality in order to process an Application for Site Alteration. Each required item must be prepared to the satisfaction of the Director: a) a key map showing the location of each Lot, including the nearest major intersection and north arrow; b) the Lot's boundaries and area (expressed in hectares) of each such lot or parcel of land; c) the existing and proposed use of the land and the location and use of the buildings and other structures adjacent to each Lot; d) the location, dimensions and use of any building and other structures existing or proposed to be erected on each Lot; e) the location of lakes, streams, wetlands, channels, ditches, other watercourses and other bodies of water on and within a minimum of 30 metres beyond each Lot's boundaries; f) the location of all Regulatory Flood Lines and Conservation Authority Fill Regulation lines; 927 - 5 - g) the location and identification of the predominant existing Soil types on the Lot; h) the species, Grade at base and size of all trees greater than 250 millimetres in calliper, all shrubs, trees and hedges within three (3) metre(s) of the property line and driveways on each Lot and all easements and rights-of-way over, under, across or through the Lot; i) the location and dimensions of any existing and proposed storm water drainage systems and natural drainage patterns on and within a minimum of 30 metres beyond each Lot's boundaries; j) the location and dimensions of utilities, structures, roads, highways and paving located within a minimum of 30 metres beyond each Lot's boundaries; k) the existing topography on the Lot and extending a minimum of 30 metres beyond the Lot's boundaries; I) the Proposed Grades of each Lot; m) the location and dimensions of all proposed land disturbance activities, including construction of access roads; n) the location and dimensions of all temporary Soil, dirt or Fill stockpiles; 0) the location, dimensions, design details and design calculations of all construction site erosion control measures that may be necessary to minimize the impact of the proposal; p) a schedule of the anticipated starting and completion dates of each land disturbance or land development activity; q) provisions for the maintenance of the construction site erosion control and dust control measures during construction and after as required; r) a plan of proposed external haul routes and daily schedule for hauling, including a plan showing signage as required by the Director; s) the scale of drawing, ranging from 1 :250 to 1: 1 000 as deemed appropriate (each drawing control plan to be in metres); t) an indication on the drawing of directions of overland water flow and overland flow route; u) any information, plans or studies required by Ontario Regulation 140102. v) Proposed Grades and drainage system to be used upon completion of the Placing or Dumping of Fill on a Lot; w) a description of the proposed Fill, including a list of the sources and geotechnical reports as to content and quality, prepared by qualified experts in that regard; x) a certificate of the Owner, Applicant and each qualified expert referenced in paragraph (e) certifying that the Fill contains no contaminants as defined in the Environmental Protection Act. R.S.O. 1990, c, E.19; 928 - 6- y) a plan showing the design details to proper scale of any Retaining Wall that may be required and the dimensions of any materials to be used in construction of such Retaining Wall; and z) security in a form and amount to be determined by the Director to secure performance of the work for which the Permit is being applied, 3.0 SITE DESIGN GUIDELINES 3.1 Every Site Alteration shall be performed in accordance with the following objectives: · prevention or limiting of off-site impacts of increased runoff, soil erosion, sedimentation, dust and mud; . prevention of Dumping of Contaminated Fill; · compliance with federal, provincial, Conservation Authority and Municipal standards and regulations; and · placement or excavation of fill which is compatible with and appropriate to the surrounding land placement or excavation of fill which results in a visually acceptable landscape as determined by the Director, 4.0 INSURANCE 4.1 The Director may require the applicant to provide certification of insurance in an amount and in a form which is satisfactory to the Director of Engineering Services and the Director of Finance, In certain circumstances, where the Director deems it appropriate, the Applicant will be required to name the Municipality as an additional named insured in the insurance certification, 5.0 LETTER OF CREDIT I SECURITY DEPOSIT 5,1 The applicant will be responsible to provide a cost estimate of maintaining erosion and sediment control measures, traffic control, mud tracking control measures, dust control measures, litter and debris control measures and stabilization of all disturbed surfaces, The cost estimate will be subject to review by staff and approval by the Director, 5,2 An irrevocable Letter of Credit or other security acceptable to the Municipality to cover 100% of the estimated cost of site control measures including the cost of the erosion and sediment control measures, mud tracking control measures, litter and debris control measures traffic control, dust control measures and stabilization shall be required. 5.3 The Letter of Credit I Security Deposit may also be required to include a road, sidewalk I curb, entrance culvert, utility or other damage deposit. 5.4 The security shall be in a form acceptable to the Municipality's Director of Finance, 5,5 The security shall remain in effect for the full duration of the permit with an automatic renewal clause in the document. Any Letter of Credit and its subsequent renewal forms shall contain a clause stating that thirty (30) days written notice must be given to the Municipality prior to its expiry or cancellation, A detailed cost estimate including unit prices and quantities are to be supplied by the owner or their representative and verified by Municipal staff, 929 -7- 5.6 In the event that the Municipality receives notice that a Letter of Credit is expiring and will not be renewed, or if further or additional securities are not provided within the said thirty (30) days, the Municipality may draw on the current Letter of Credit at the discretion of the Director. 5,7 It shall be the responsible of the permit holder: (a) to provide evidence satisfactory to the Director that the site has been adequately reinstated and stabilized in accordance with this by-law and the Erosion and Sediment Control Plan accompanying the permit; and, (b) to notify the Municipality no later than five (5) working days of the completion of works set out in the permit and to request that the Municipality carry out an inspection to confirm that all relevant terms of this by-law have been complied with, 5,8 When the provisions of this by-law have been fully complied with to the satisfaction of the Director, the Director shall release the applicant's security, Some security may continue to be held until the Director is satisfied that the site stabilization has taken effect. 5,9 All securities will be returned to the original applicant unless the original applicant authorizes, in writing, the return of the securities to another person, 5,10 If in the opinion of the Director the permit holder is not proceeding with the work as set out in the permit in a timely fashion or if the work is being improperly performed or if the work is neglected or abandoned, the permit holder shall be deemed in violation of the permit. Under this circumstance, the Municipality of Clarington shall have full authority to enter the site and complete or cause to have completed works set out and approved in the permit application, The Letter of Credit shall be drawn on to make payment for the work, materials, rentals and other sundry costs associated with the completion of the works, 930 - 8- The Corporation of the Municipality of Clarington ENGINEERING SERVICES DEPARTMENT Site Alteration Application For Dumping Fill, Removing Fill or Altering Grades within the Municipality ofClarington, under By-law xxxx. · Application cannot be processed until Permit Application Fee is paid · Application Fees and Permit Fees are non-refundable · Applications require five (5) business days to review once a complete application has been submitted · Applications must be complete with all required documentation I, APPLICANT NAME: ADDRESS: PHONE/FAX: 2, Removal site (ifnot same as Applicant) Owner NameIPhone: Location! Address: Dumping site (if not same as Applicant) Owner Name/Phone: Location! Address: 3, Where Applicant does not own both sites, confirm other affected property Owners have granted you permission to do the work in accordance with this by-law, Yes No 4, Purpose of work: 5, Provide drawing(s), to the satisfaction of the Director, which include: (a) key map showing location of each site and nearest major intersections; (b) plan showing the property boundaries, area in hectares or acres, abutting properties, nearest roads, an approximate scale and north arrow; (c) use of property and each abutting property; (d) all buildings, structures and other property features including entrances, fences, etc,; (e) location and dimensions of utilities, structures and roads within 30m of each site's boundaries; 931 -9- (f) tree details for 2S0mm calliper and larger (measured I,Sm above ground) and any other significant vegetation; (g) site topography and abutting property topography within 30m; (h) streams, wetlands, channels, ditches, swales or other watercourses and ponds on the site and on abutting property within 30m; (i) identification of predominant soil type of each site; G) regulatory Flood Lines and Conservation Authority Fill Regulation lines; (k) details of proposed work including methods of minimizing impact to the lands and abutting lands, Include limits of work areas, internal haul routes, stockpile areas, silt and erosion control measures, and final grades/changes to topography and drainage and method/type of restoration, For clarity, this may require an additional drawing; (I) a mud and dust control program for all dwnp and removal sites, including mud mat details, and proposed external haul routes and daily schedule for hauling; (m) a Site Alteration Plan (n) a cost estimate showing costs to install and maintain sediment and erosion control, seeding or sodding restoration costs, mud and dust control, etc,; (0) a detailed work schedule and proposed completion date; (P) names and contact nwnbers for contractors and subcontractors; (q) additional docwnentation when requested by the Director, including items such as drainage studies, pre-construction and post-construction surveys, pavement assessment reports and/or photos, additional tests and/or certifications, 6. Does the Fill contain any material other than clean fill/topsoil? Yes / No */f answer Yes, provide written certification from a Professional Engineer, in aform acceptable to the Director, outlining a list ofthefill contents and certifying that such material is not contaminated within the definition outlined in the Environmental Protection Act, R.S.O. 1990, C.E.19 and provide, when requested, a certificate from the Ministry of the Environmentfor such proposed work. Notwithstanding such certifications and certificates, the Director may amend, limit or fully reject such applications where deemed to significantly impact the Municipality. 7. Is the work in advance preparation for a development project? (If so, provide additional information) Yes / No 8. V olwne of earth to be moved in cubic metres (m3): 9. Proposed Start Date: Completion Date: 10. Fees: Less than 250 m3 of Fill: Application Fee Permit Fee $100 $250 (inc!. Application Fee) More than 250 m3 of Fill: Application Fee Permit Fee plus surcharge $25 per 1000 m3 $100 $500 (inc!. Application Fee) Extension of Permit: $100 11. Securities: Cost estimate of all works Road or other damage deposit $ $ $ Total security/Letter of Credit 932 - 10- Acknowledgement and Declaration The Applicant hereby aQrees: 1. That this application and all studies submitted in support of this application may be made available for public review, pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. 2. That personal information on this form will be used to determine compliance with Municipality of Clarington Site Alteration By-law No. 20GB-XXX. 3. To comply and, where applicable, cause others to comply with the provisions of this permit including all sections of the Municipality's Site Alteration By-law, 4. To install and maintain proper sediment and erosion control at all times. 5. To obtain all other permits necessary to carry out the work described on this permit, 6. That the issuance of a permit by the Director shall in no way constitute approval or supervision of the work being undertaken, material being transported or removed/deposited, methods being used or resulting impacts, in whole or in part, nor shall it relieve the Applicant or Owner(s) of obligations to meet all requirements set out in this by-law, and all other laws, regulations, by-laws, agreements, approvals and permits, 7. That securities posted to the Municipality shall be maintained in good standing and shall not be cancelled without the written consent of the Director, and that the Municipality shall be entitled to draw on any or all of the securities to payout or recover costs to ensure compliance with all conditions of this Permit, in addition to a 30% administration/management fee and legal costs, where applicable, 8. To hereby forever release and indemnify and save harmless the Municipality, its employees, representatives, agents and contractors, from and against all claims, demands, damages, causes of action, I costs, expenses and other liabilities of any nature, which may arise through the issuance of this Permit. I, , of , solemnly declare that all statements contained in this application and supporting documentation are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. I also agree to allow the Municipality of Clarington, its employees and agents to enter upon the subject lands to assess, inspect, conduct surveys and investigations relating to this permit application. I further declare that I have read and fully understand the provisions contained in the acknowledgement section above and agree to comply with all of them. Signature Date FOR OFFICE USE ONLY DATE REVIEWED: Needed Acceptable N.A. TREE PRESERVATION GRADING PLAN-P.ENG CERTIFICATION RE:CLEAN FILL-P.ENG EROSION AND SEDIMENT CONTROUPLAN-P.ENG MUDIDUST CONTROL PROGRAM HAUL ROUTEIPAVEMENT ASSESSMENT FINANCIAL SECURITY AMOUNT APPLICATION FEE AMOUNTIPAID PERMIT FEE AMOUNT/PAID INSURANCE Permit Approval Date: Permit Expiry Date: (90 days) Permit Approved by: The Director shall determine all supporting documentation required to form part of any Application, Such requirements may include drainage studies, pavement assessment reports, site topography information, silt and erosion control plans and details, cost estimates, schedules, preconstruction and post construction surveys, certifications, photos and/or tests, The Director shall have the sole discretion of determining the acceptability of any of these requirements, 933 CI!J!-!lJgton REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: JUNE 16, 2008 Report #: OPD-007 -08 File #: By-Law #: Subject: 2008 WINTER BUDGET REPORT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report OPD-007-08 be received for information; Submitted by: Reviewed by: ranklin Wu, ~ Chief Administrative Officer Fre B.A., .D,M,R, RRF.A. Director of Operations FH\kr 1001 REPORT NO. OPD-007 -08 PAGE 2 BACKGROUND AND COMMENT: As of May 23, 2008 the Operations Department from January 1 st to May 23rd incurred 8,431 hours of total overtime including 1,721.5 hours for Sunday maintenance. During this four month period the Operations Department provided 64 responses, which included 19 full call outs. Please note in the following table the total number of our responses for the 2008 winter season compared to the previous two years: YEAR JAN FER MAR APR TOTAL 2006 19 18 9 0 46 2007 17 27 13 2 59 2008 19 27 18 0 64 Spring clean up of winter sand has been ongoing since April 1st and was completed by June 13th. BUDGET: For 2008 Council approved a winter maintenance budget of $1 ,400,540.00; $192,000 for sidewalks and parking lots and a Senior Snow Clearing contract of $85,000. Winter Maintenance: As of May 23, 2008, the following table illustrates the expenditures incurred. Winter Control :Z008 Budget 2008 Actual Variance Plowing $ :274,630.00 $ 324,855.62 ($ 50,225.62) SandinglSalting $ 1387,185.00 $1,003,769.35 ($116,584.35) Winter Maintenance $ :238,725.00 $ 237,713.03 $ 1,011.97 Other Total $1 AOO,540.00 $1,566,338.00 ($165,798.00) The 2008 winter maintenance budget from January 1 st to May 23rd actual expenditure of $1,566,388.00 includes an estimated sand/salt end of season inventory value of $71,622.95. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 1002 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 263-2292 F (905) 263-4433 REPORT NO. OPD-007 -08 PAGE 3 Sidewalk Snow Clearing Contract: The total budget for this program in 2008 is $192,000.00 with an actual expenditure of $105,397.00 as of May 23rd. Senior Citizens and Physically Disabled Sidewalk Program The total budget for this program for 2008 is $85,000.00 with an actual expenditure of $59,408.90 as of May 23rd. Below is a table of call-out statistics for this program from 2001 to April 2008: Call-Out Statistics January February March April November December Total 2002 10 10 7 0 2 11 40 2003 23 14 11 4 1 6 59 2004 23 23 8 0 2 13 69 2005 20 7 9 2 5 10 53 2006 7 9 2 0 0 3 21 2007 12 12 6 1 2 12 45 *2008 11 10 9 0 * A total of 30 callouts for winter sidewalk maintenance to date in 2008. FUEL COSTS: As Council is aware, the increased cost of fuel will certainly impact our Operations budget. Since 2004 our fuel costs have increased by 42.75%. Clarington is paying at least twenty cents per litre more for gas and thirty cents per litre more for diesel based on the price of fuel paid since January 1st. If these prices continue, we are projecting an increase of approximately $120,000 based on our annual average fleet consumption. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 1003 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433 REPORT NO. OPD-007 -08 PAGE 4 SALT MANAGEMENT: Environment Canada published on April 3, 2004 the Code of Practice for the Environmental Management of Road Salts, Although the implementation of the code is voluntary, it is in the best interest of the Municipalities and other road authorities to comply witt! the code requirement to better manage their use of road salts. Environment Canada after five years will review and indicate if more rigorous actions are required. Clarington has participatl3d in this program and has provided annual reports since 2005. CONCLUSION: Staff will continue to provide storm updates to you throughout the fall and winter and will report to Council in early 2009 on the costs of the 2008 winter maintenance program. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433 1004 Cltg-!Qgron REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2008 Report #: ESD-009-08 File# 10,12,6 By-law # Subject: MONTHLY RESPONSE REPORT - MAY 2008 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - THAT Report ESD-009-08 be received for information. Submitted by: J~- Reviewed by: d~ &.sk Franklin Wu. Chief Administrative Officer rdon Weir, AMCT, CMM111 Director Emergency & Fire Services GW*sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F 905)623-6506 1101 REPORT NO: ESD-009-08 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month May 2008. It is our intent to provide Committee with information relevant to Ithis department, in a timely manner. 2. REPORT 2.1 The department responded to 271 calls during this period and recorded total fire loss at $68,500. A breakdown of calls responded to follows in the table attached. Attachment: Activity Report Response Categories 1102 CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT Period: May 1, 2008 00:00:00 to May 31, 2008 23:59:59 CALL TYPE VOLUME _ STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 CALL TYPE CALL TYPE BOWMANVILLE NEWCASTLE ORONO COURTICE ENNISKILLEN TOTALS PERCENTAGE PROPERTY FIRE 3 4 1 7 2 17 6.3% CALLS BURNING 5 3 0 2 6 16 5.9% COMPLAINTS FALSE FIRE CALLS 17 4 1 6 2 30 11.1% PUBLIC HAZARD 12 4 0 6 0 22 8.1% CALLS RESCUE CALLS 15 4 4 5 3 31 11.4% MEDICAL ASSIST 88 13 8 19 4 132 48.7% CALLS MISCELLANEOUS 8 2 4 6 3 23 8.5% CALLS TOTAL FOR MONTH 148 34 18 51 20 271 100.0% YEAR TO DATE 763 193 98 363 65 1482 YEAR TO DATE 54.6% 12.5% 6.6% 18.8% 7.4% 100.0% PERCENTAGE STANDYBY CALLS 6, 0 0 3 0 9 DOLLAR LOSS $7,000 $500 $5,000 $25,000 $31,000 $68,500 APPARATUS CALL VOLUME STATION 1 PUMPER 1 SCAT 1 PUMPER 11 TANKER 1 UTILITY 1 AERIAL 1 RESCUE 1 270 174 74 10 4 0 4 4 STATION 2 PUMPER 2 TANKER 2 46 33 13 STATION 3 PUMPER 3 TANKER 3 UTILITY 3 ATV 32 21 5 3 3 STATION 4 PUMPER 4 PUMPER 44 TANKER 4 Aerial 4 100 91 7 2 0 STATION 5 PUMPER 5 TANKER 5 24 17 7 472 265 74 88 31 3 7 f103 RESPONSE CATEGORIES PROPERTY FIRE CALLS: includes a response by this Department to Fires involving structures, vehicles or open areas; Combustions Explosions (no fire); Overpressure Rupture, Munition Explosion - No Fire; Overpressure Rupture - No Fire, (e,g, Steam boilers, hot water tanks, pressure vessels, etc,); Munition Explosion-No Fire (e,g. bombs, dynamites, other explosives, etc.); whether or not they result in property losses, injuries or deaths. BURNING COMPLAINTS: Includes a response to investigate Authorized and Unauthorized Controlled Burning Complaints. FALSE FIRE CALLS: IncludeB a response by this Department to Pre-Fire Conditions- Overheat and Pot on Stove; and calls precieved to be an emergency and are concluded to be Alarm Equipment - Malfunction, Alarm Equipment - Accidental, Human - Malicious, Human - Perceived Emergency, Human - Accidental, and Other False Fire Call PUBLIC HAZARD CALLS: Includes a response by this Department to Gas Leak - Natural Gas, Gas Leak - Propane, Gas Leak - Refrigeration, Gas Leak - Miscellaneous, Spill- Gasoline or Fuel, Spill- Toxic Chemical, Spill- Miscellaneous, Radio-active Material Problem, Ruptured Water, Steam Pipe, Power Linles Down, Arcing, Bomb, Explosive Removal, Standby, Co (carbon monoxide) reporting, and Other Public Hazard. RESCUE CALLS: Includes a response by the Department to a Vehicle Extrication, Vehicle Accident, Building Collapse, Commercial/Industrial Accident, Home/Residential Accident, Persons Trapped in Elevator, 'Nater Rescue, Water Ice Rescue, and Other Rescues. MEDICAL ASSIST CALLS: Include a response by this Department to a patient(s) suffering from Asphyxia, Respiratory Condition, Convulsions, Epileptic, Diabetic Seizure, Electric Shock, Traumatic Shock, Heart Attack:, CPR, Stroke, Drug Related, Alcohol Related, Cuts, Abrasions, Fracture, Burns, Person Fainted, Nausea MISCELLANEOUS CALLS: Includes a response by this Department to Assist another Fire Department, Assist Police, ASBist Other Agencies, Other Public Service, 911 Unknown Calls and Other Responses 1104 Cl~n REPORT Meeting: EMERGENCY AND FIRE SERVICES GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2008 By-law # Report #: ESD-010 -08 File # 10,12,6 Subject: EMERGENCY AND FIRE SERVICES - 2007 ANNUAL REPORT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report ESD-010 -08 is received for information, Submitted by: /4-uf '" ~ /' Gordon Weir, AMCT, CMM111 Director of Emergency & Fire Services Reviewed by: Cl~~~ Franklin Wu, Chief Administrative Officer GW:sr Attachment: 2007 Annual Report CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6,Ofb5 Cl!Jlpn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2008 Resolution #: Report #: CSD-013-08 By-law #: File #: Subject: SUPPLEMENTARY RATES AND FEES RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report CSD-013-08 be received; 2, THAT the Supplementary Rates and Fees Report CSD-013-08, as outlined in Attachment #1, be approved; and 3, THAT the Corporate Membership Program be renamed the Group Membership Program and that the program be available to any group of 10 or more individuals purchasing a membership at the same time. SUbmi,tt8 t;b~"",>1 /11/-4u.u4 rv Joseph p, Caruana Director of Community Services ()~~ Reviewed by: Franklin Wu Chief Administrative Officer J PClsmlwg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-5506 1201 REPORT NO.: CSD-013-08 PAGE 2 1.0 BACKGROUND 1,1 The Community ServicEls Department completes a full review of rates and fees on a bi-annual basis. In June 2007, Council received Report CSD-008-07 Schedule of Rates and Fees 2007/08 - 2008/09, Fee increases for most programs and services for September 1st 2008 were approved in Report CSD- 008-07. From time to time it is necessary for a supplemental report in order to deal with specific issues or changes that are required ahead of the scheduled bi- annual report, as is the purpose of this supplementary report, 1,2 With the opening of the Newcastle & District Recreation Complex scheduled for later this year, program development has now occurred and as a result there are a number of new progralms proposed that currently do not have established rates. This supplementary report will propose rates for new programs developed for the Newcastle & Disltrict Recreation Complex as well as a few minor additions to address specific departmental needs. 1,3 In the development of proposed fees staff take into account the direct costs to provide the program/service, current fees for existing similar programslservices, and where possible, a comparison of similar programs in neighbouring municipalities. 2.0 SUMMARY OF PROPOSED CHANGES 2,1 The chart below identifies new programs for the Newcastle & District Recreation Complex with a brief description and a proposed fee: Program/Service Age Description 2008/09 Proposed Youth Dodgeball 9-13 years Building on team skills in a fun and $28 active environment. This program incorporates the different types of dodgeball such as King's Court, Elimination, and Survivor, Youth 6-12 years Instructional focus, will teach $34 BasketballNolleyball participants rules of the game, different techniques, maneuvers and sportsmanship, Kids in Action 5-a years A variety of sports will be played in $28 this program, Program will focus on introduction to sports, fun and safety, Sports Club 9-1.2 years A variety of sports will be played in $28 this program, Program emphasis on teamwork, sportsmanship, fun and safety, Jr, Badminton 6-1.2 years Participants will learn the rules and $34 skills of badminton, 1202 REPORT NO.: CSD-013-08 PAGE 3 Salsa Babies 6 months - 1 Salsa Babies offers a great workout, $120 year a chance to socialize with other moms, and an opportunity to introduce one's child to music and movement. Diaper Fit 6 months - 2 Enjoy participating in an Aquafit $81 years class with your little one right beside you! This course is designed to provide an opportunity for the adult to participate in the exercise class and involve the child as much as possible, for a fun and different workout. Water Explorers 4 months - 5 An opportunity for parents and $75 years children to have fun, play water games and activities, develop new skills and explore through a series of theme-based stations each week. Networking with other participants and their oarents is oart of the fun! Friday Fun 6-12 years For the child who is interested in $2,75 per visit some after school water fun, Facilitated by qualified staff, children will participate in water games and activities, develop new skills and explore through a series of theme- based stations each week, Participants must be comfortable in the water. Successful completion of Red Cross Swim Kids Level 1 (or equivalent abilities) is required, Aquatic Adventure 8-13 years Offers skill-based activities with a $75 strong emphasis on fitness. Each week a new skill or activity will be introduced, including Water Polo, Water Volleyball, Fitness Relays, Obstacle Courses and more. Participants must be comfortable in the deep end, Red Cross Swim Kids Level 3 (or equivalent abilities) recommended, Adult Volleyball 18+ years A great way to keep fit and meet $60 new people, Each evening will consist of rules, safety and basic skills such as bumping, spiking and servinQ in a recreational settina, Adult Basketball 18+ years This is a supervised but non- $60 instructional program, Games will be olaved and refereed. Adult Floor Hockey 18+ years This program is geared for the $60 hockey lover and is geared toward non-comoetitive olav, Adult Drop in 18+ years Basketball, Volleyball, Badminton $4 per visit 1,5 hrs 1203 REPORT NO.: CSD-013-08 PAGE 4 2,2 The chart below identifies new departmental programs/services that have been developed since the last rates and fees report but are not specific to the Newcastle & District Recreation Complex: Program/Service A~le Description June 1, 2008 Proposed High Five- 16 + years - Gain a basic understanding of the $60 Principles of HIGH FIVE~ Quality Assurance Healthy Child Process for children's sport and Development recreation - Design an activity plan that enhances a child's healthy development - Practice tips and skills that can be applied to building healthy relationships in all areas of programming for children - Learn to create environments and spaces that foster healthy child development Kinder Camp 4-6 years A Day Camp for young campers. $130 (Summer and Each week children will participate in ($135 effective March Break) games, songs, crafts, sports, outdoor September 1/08) activities and fun, Child Supervision 6 months - 5 Babysitting service provided at the 1,5hrs-$4 years Courtice Community Complex for 15hrs- $36 Fitness Centre members and facility users. Gymnasium N/A 1 hour rental Adult $20 Rental (SCA) Youth $15 Shinny 55+/Youth 55+/Youth 10 visit pass $36 Adult Shinny Adult 10 visit pass $54 2,3 In the fall of 2007, in an effort to respond to customer requests and to continue to increase the fitness centre membership base, two running programs and sports team personal training were introduced on a trial bases. In the short term, these programs and services have proven to be successful and therefore staff is recommending that Council approve the following rates: Program/Service A!~e Description June 1, 2008 ProDosed Learn to Run A program designed to take $60 (Beginner & participants from walking to running Intermediate) a 5 km distance (beginner) and a 10 km distance (intermediate). Half Marathon A program designed to assist $160 individuals in making the transition from shorter distance runs through to the half marathon distance, 1204 REPORT NO.: CSD-013-08 PAGE 5 Sports Team Training Packaaes Basic Training- Youth Under 18 Team training offered in the studio/ $54,OO/hour 10-15 players multipurpose room only -Additional players $4,50 each up to a maximum of 18 players Adult 18 + years $108/hour 10-15 players -Additional players $9,00 each up to a maximum of 18 olavers Flex Package- Youth Under 18 Team training offered in the studio/ $106,25/hour 1 0-15 players multipurpose room and on the gym -Additional floor players $7,10 each up to a maximum of 18 players Adult 18 + years $200,OO/hour 10-15 players -Additional players $13,33 each up to a maximum of 18 plavers 2.4 Finally, as recommended in the recently adopted Community Services Department Strategic Plan, staff is actively working to improve new member and retention rates, At this time, staff is proposing a change to the Corporate Membership Program, 2,5 The Corporate Membership Program has been in place since the early 1990's and was developed to increase membership sales to the business community, The Corporate Membership Program offers a discounted fee to employees of the same company where 10 or more employees purchase a membership at the same time, Recently, there has been interest expressed by other organizations or groups of people who are interested in a similar program. At this time staff is recommending that the Corporate Membership Program be extended to include any group of 10 or more individuals purchasing a membership at the same time and that the Program be renamed, Group Membership Program to reflect this change in scope. 1205 REPORT NO.: CSD-013-08 PAGE 6 3.0 CONCLUSION 3,1 In an effort to maintain quality programs and services at an affordable price the Community Services Department will continue to monitor rates and fees. Staff will bring back a full review of all departmental rates and fees in June 2009. Attachment #1-Supplementary Rates and Fees 1206 CSD-013-08 ATTACHMENT #1 MUNICIPALITY OF CLARINGTON COMMUNITY SERVICES DEPARTMENT PROPOSED RATES AND FEES EFFECTIVE JUNE 23, 2008 Rates include GST where applicable New programs that will occur at the Newcastle & District Recreation Complex: Program/Service Unit 2007/08 2008/09 2008/09 Current Rate Approved Proposed Youth Dodgeball 10 hrs New New $28 (1 hrX 10 wks) Youth 10 hrs New New $34 BasketballN olleyball (1 hrX 10 wks) Kids in Action 10 hrs New New $28 (1 hrX 10 wks) Sports Club 10 hrs New New $28 (1 hrX 10 wks) Jr. Badminton 10 hrs New New $34 (1hrXlO wks) Salsa Babies 10 hrs New New $120 (1 hrX 10 wks) Diaper Fit 10 hrs New New $81 (1hr X 10 wks) Water Explorers 10 hrs New New $75 (1 hrX 10 wks) Friday Fun Per visit New New $2.75 Aquatic Adventure 10 hrs New New $75 (1hrXlO wks) Adult Volleyball 15 hrs New New $60 (1.5 hrs X 10 wks) 1207 Adult Basketball 15 hrs New New $60 (ll.5hrs X 10 wks) Adult Floor Hockey 15 hrs New New $60 (1.5 hrs X 10 wks) Adult Drop in 18+ New New $4 Basketball, Per visit Volleyball, Badminton . New Departmental Programs/Services: Program/Service Unit 2007/08 2008/09 2008/09 Current Rate Approved Proposed High Five - 7 hours New New $60 Principles of Healthy Child Development Kinder Camp 37.5 hrs New New $130 (Summer and (7,5 hrs X 5 ($135 effective March Break) days) Sept 1/08) Child Hour New New 1.5 hrs - $4 Supervision Pass 15hrs- $36 Gymnasium Hour Adult $20 rental (SCA) Youth $15 Shinny 10 Pass New New $36 55+/Y outh 10 visit pass Adult Shinny 10 Pass New New $54 New programs at the Courtice Fitness Training Facility: Program/Service Age Description June 1, 2008 Proposed Learn to Run (Beginner A program designed to take $60 & Intermediate) participants from walking to running a 5 kIn distance (beginner) and a 10 kIn distance (intermediate). Half Marathon A program designed to $160 assist individuals in making the transition from shorter distance runs through to the 1208 half marathon distance. Sports Team Training Packages Basic Training- Youth Under 18 Team training offered in the $54.00/hour 1 0-15 studio/ multipurpose room -Additional players only players $4.50 each up to a maximum of 18 players Adult $108.00/hour 18 + years -Additional 1 0-15 players $9.00 players each up to a maximum of 18 players Flex Package- Youth Under 18 Team training offered in the $106.25/hour 1 0-15 studio/ multipurpose room -Additional players and on the gym floor players $7.10 each up to a maximum of 18 players Adult $200.00/hour 18 + years -Additional 1 0-15 players $13.33 players each up to a maximum of 18 players 1209 Clw:..n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2008 Report #: COD-031-08 File#_ By-law # Subject: ARRANGEMENT WITH KNOX CHRISTIAN SCHOOL FOR PERMITTED USE OF SOCCER FIELD(S) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report COD-031-08 be received; 2, THAT a lease agreement between the Municipality of Clarington and Knox Christian School be approved, as set out in Schedule "A", Attachment #1, Conditional on approval by Knox Christian School; and 3, THAT the attached By-law marked Schedule "B", Attachment #2, be approved authorizing the Mayor and the Clerk to ex~cute the necessary agreement. ~ .' ,/ Submitted by:,' ~ . arie Marano, H,8,Sc" C,M,Q" Director of Corporate Services Reviewed by: a Franklin Wu, Chief Administrative Officer AI MM\JDB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1401 REPORT NO.: COD-031-08 PAGE 2 BACKGROUND AND COMMENT The Municipality of Clarington has approached Knox Christian School, 410 Scugog Court, Bowmanville, Ontario about the possible use of their soccer fields for community use during the periods of Monday to Friday, 5:00 PM to 9:00 PM and Saturday 8:00 AM to 9:00 PM during the months of April 15th to Octobe!r 15th, each year, Included in the agreement is the use of the school parking lot during the permitted use periods, The term of the agreement is open ended and subject to termination by either pa.rty by giving ninety (90) days notice of termination in any subsequent year, A copy of the agreement is provided as Schedule "A", Attachment #1, As part of the Terms and Conditions, the Municipality of Clarington would be responsible for the grass maintenance of the designated areas, including garbage pick-up during the months of permitted use, The Municipality of Clarington is also permitted to make any improvements to the sports fields consistent wilth the provision of safe playing surface for recreational purposes. The Directors of Operations and Finance have reviewed this report and the agreement and concur with the recommendations. Representatives of Knox Christian School have reviewed an earlier draft of the agreement and were satisfied with the terms and conditions. However, they have yet to agree to changes in the areas of insurance and the termination clause, They look forward to partnering with the Municipality of Clarington, Inquiries with respect to this agreement should be referred to the Director of Operations, This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows for: Concurrence: Director of OpElrations Director of Finance Attachments: Attachment 1 - Schedule "A", Draft Agreement Attachment 1 - Schedule "B", By-law 1402 Schedule "A" AGREEMENT made this day of June, 2008, BElWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (Hereafter called the Municipality) - and - KNOX CHRISTIAN SCHOOL (Hereafter called the School) WHEREAS the school hereby grants to the Municipality the right to use the Soccer Field(s) located at the Knox Christian School, 410 North Scugog Court, Bowmanville, Ontario, L 1C 3K2, from the date hereof, on the terms and conditions contained hereafter, The Municipality to pay $2,00 per annum of lawful money of Canada, to be due and payable upon execution of the agreement and on the anniversary of the agreement thereafter, 1, The Municipality covenants with the School as follows: a) To pay rent. b) To provide proof of public liability insurance in the amount acceptable to the Director of Finance of the Municipality for its obligations in this agreement. c) To provide regular grass cutting and garbage pick-up of the soccer field(s) during the period of use (April 15 to October 15), d) To refrain from erecting any permanent structure of whatever kind upon the leased land, e) To maintain and keep the property in clean and tidy condition and not permit objectionable materials of any kind to be accumulated during the period of permitted use, f) For permitted use Monday to Friday, 5:00 pm to 9:00 pm and Saturdays 8:00 am - 9:00 pm during the period of April 15 to October 15 of each year, 2. The School covenants with the Municipality as follows: a) For quiet enjoyment. b) To permit the Municipality to make such improvements to the land that they deem appropriate at their cost and such improvements will be considered lease hold improvements and becomes part of and remain with the lands, c) To permit the use of the school parking lot by permitted soccer teams/players during the permitted use periods, 1403 Schedule "An 3, a) The Municipality shsllI be solely responsible for any claims which may arise during its permitted use of the sports field and hereby indemnifies and saves harmles!l Knox Christian School of and from all claims, demands, actions and costs incidental thereto, that may be made or instituted by any person or persons with respect to damages or injuries that may be sustained to person or property arising out of the use of the soccer field, b) Knox Christian School shall be solely responsible for any claims which may arise during its use of the sports field and hereby indemnifies and saves harmless the Municipality of and from all claims, demands, actions and costs incidental thereto, that may be made or instituted by any person or persons with respect to damages or injuries that may be sustained to person or property arising out of the use of the soccer field. 3, Either party may terminate this agreement by giving ninety (90) days notice in writing, 4, For the purposes of this a!~reement notice any notice or other document is required to be or may be !Jiven by the School to the Municipality or by the Municipality to the School under this agreement such notice shall be transmitted by telefax, mailed by first claiss prepaid mail or delivered to: Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario, L 1C 3A6 Attention: Purchasina Manaaer If by telefax to: (905) 623-3330 Knox Christian School 410 North Scugog Court Bowmanville,Ontslrio, L 1C 3K3 Attention: Principal If by telefax to: (905) 623-8877 1404 Schedule "An 5, The Municipality will not be held responsible for any levies, taxes etc. for the use of the lands as described, THIS AGREEMENT IS EXECUTED ON BEHALF OF KNOX CHRISTIAN SCHOOL by their authorized agent, this day of 2008, Mr. George Petrusma, Principal THIS AGREEMENT IS EXECUTED ON BEHALF OF THE MUNICIPALITY OF CLARINGTON, under the seal of the Municipal Corporation and the hands of its officers duly qualified, this day of 2008, Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1405 Schedule "B" THE CORPORATION OF THE: MUNICIPALITY OF ClARINGTON BY-LAW 2008- Being a By-law to authclrize the execution by the Mayor and Clerk of an Agreement between the Corporation of the Municipality of Clarington and Knox Christian Church for the use of their Soccer Fieldl;, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1, THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality elf Clarington and seal with the Corporation Seal, an agreement with Knox Christian School to implement the recommendations contained in Report COD-031-08; and 2, THAT the contract attached heneto as Schedule "A" form part of this By-law, By-law read a first and second time thin day of ,2008. By-law read a third time and finally passed this day of ,2008, Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk 1406 ClW:pn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2008 Report #: COD-033-08 File#_ By-law # Subject: CL2008-20, 2008 Crack Sealing Programs, Various Locations Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report COD-033-08 be received; 2. THAT Road Savers 2000 Ltd, Toronto, Ontario with a total bid in the amount of $37,295.72 (excluding G,S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2008-20, be awarded the contract to provide crack sealing at various locations as required by the Municipality of Clarington; 3. THAT pending satisfactory service and acceptable pricing the contract be extended for a second and third year; 4, THAT the funds required be provided from the Operations Department 2008 Budget Account #100-36-381-10250-7163; and 5, THAT the attach d By-law marked Schedule "A" authorizing the Mayor and Clerk to execute th e essary agreement be apProved.~ Submitted by: Reviewed by: --'---~ 'e Marano, H,8,Sc" C,M.Q" d,j Fr: /hn u, Director of Corporate Services A II Chief Administrative Officer MM\JDB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1407 REPORT NO.: COD-033-08 PAGE 2 BACKGROUND AND COMMENT Tender CL2008-20 was advertised and issued with bids being received and tabulated as follows: I BIDDER TOTAL BID (plus GSTl Road Savers 2000 Ltd. $37,295.72 Toronto, ON R & N Maintenance $39,959,70 Guelph, ON Queensway Excavating $47,951.64 Harwood, ON The low bidder's submitted tender has been reviewed and is in order. Road Savers 2000 Ltd. has completed a number of projects with similar work for public agencies and these agencies provided satisfactory references. The total project cost for 2008, including tendering, project administration and contingencies is $50,000,00 as detailed in the letter from Totten Sims Hubicki Associates, marked Schedule liB", This amount is provided in the 2008 operation budget. Tenders for this service were called on the basis of a firm price for the 2008 service period and provided an option to extend the agreement for a second and third year provided the contractor's performance, quality and completion of the work are satisfactory and proposed prices for years two and three are acceptable to the Municipality, and budget approval is received from Council, The Directors of Operations and Finance have reviewed the recommendation and funding requirements and concur with the recommendation, Queries with respect to department needs, specifications, etc" should be referred to the Director of Operations. It is recommended that the tender in the amount of $37,295,72 (exclusive of G,S.T.) be awarded to Road Savers 21000 Ltd, Toronto, Ontario. 1408 REPORT NO.: COD-033-08 PAGE 3 The report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows: Concurrence: Director of Operations Director of Finance Attachments: Attachment 1 - Schedule "A" Attachment 2 - Schedule "B", Letter from Totten Sims Hubicki Associates 1409 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008-. Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Road Savers 2000 Ltd., Toronto, Ontario for the Crack Sealing Programs, Various Locations. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Road Savers 2000 Ltd., Toronto, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2008. By-law read a third time and! finally passed this day of ,2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1410 SCHEDULE "B" . VH Totten Sims Hubicki Associates 513 Division Stree1, Cobourg, Ontario, Canada K9A 5G6 (905) 372-2121 Fax: (905) 372-3621 E-mail: cobourg@tsh.ca www.tsh.ca engineers architects planners May 23,2008 Mr. Larry Postill, Supervisor Operations Department Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L I C 3A6 Dear Sir: Re: 2008 Crack Sealing Program Tender No. CL2008-20, Municipality of CIa ring ton TSH Project No. 42-65106-12 Tenders for the above project were opened at the Municipal Offices on Wednesday, May 141h, 2008 at 2: 15 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of GST. Bidder ,. Total Te~der~ . AmolJnt Road Savers 2000 Ltd., Toronto, Ontario I $37,295.72 R & N Maintenance, Guelph, Ontario ! $39,959.70 I Queensway Excavatinl!:, Harwood, Ontario ! $47,951.64 TSH has reviewed all bids accepted by the Clarington Purchasing Department and have confirmed the bid values noted above. As requested by the Purchasing Department, references have been checked for the low bidder. Road Savers 2000 Limited has completed projects of similar scope and value for the County of Peter borough and the Town of Markham. Staff members from these municipalities were contacted for references and have confirmed the Contractor's performance on these past projects to be satisfactory. The following is a summary of the total project costs: Total Construction Costs Based on Low Bid Preparation of 2008-20 II Crack Seal Program and 2008 Tender (to May 10, 2008) Contract Administration Contingencies Total $37,295.72 $5,978.68 $4,500.00 $2.225.60 $50,000.00 1411 SCHEDULE "B" Municipality of Clarington Mr. Larry PostiIl, Supervisor May 23.2008 2. Based on the total budget amount of $50,000 allocated for these works from the 2008 budget (Account No. 100-36-381-10250-7163) the total project costs based on the low bid are within budget. It should be noted that this Tender was structured in such a manner too allow the Municipality of Clarington to reserve the option to extend the contract for a second and third year provided the supplier's performance, quality and completion of the work are satisfactory, proposed pricing for the subsequent year is acceptable to the Municipality, and budget approval is received for subsequent years from Municipal Council. The contract is open for acceptance for a period of ninety (90) days after the tender closing date of Wednesday, May 14,2008. The contract work is scheduled for completion by July 251h, 2008. We recommend acceptance of the low tender and award of a contract to Road Savers 2000 Limited of Toronto, Ontario in the amount of$37,295.72 exclusive ofGST. Upon receipt of your instructions, we will prepare the contract documents for execution. Please advise if you require additional information to supplemenfthe above. Should you require any additional information, please do not hesitate to contact the undersigned. Best regards, ~ Ron Albright, P.Eng. Project Manager RAJra P:\Depl 42\42-65 I 06-12\Corresp\CL2008-20 Tender Report.doc pc: Mr. Jerry Barber, CPPO, Municipality ofClarington Mr. Ian Roger, P. Eng., TSH TIH 1412 Cl~mgton REPORT CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: June 16, 2008 Resolution #: Report #: COD-36-08 File #: By-law #: Subject: TOTAL HOCKEY OFFICIAL MARK/OFFICIAL DESIGN REGISTRATION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-36-08 be received; 2. THAT Council approves the release of the Total Hockey Official Mark for the sum of $ 2,500.00 (CON) identified as the amount paid by the Municipality for the purpose of registering the mark. ie Marano, H.B.Sc., C.M.O. Director of Corporate Services Reviewed bd~ ~ Franklin Wu Chief Administrative Officer MM/GW/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1413 REPORT NO.: COD-36-0e: PAGE 2 1.0 BACKGROUND In May of 2006 the Communications & Tourism Division initiated the process of registering the Total Hockey logo and logo design as official marks with the Canadian Intellectual Property Office. To complete this task, the Thomson Law Firm (Trade Mark A~gent), located through the Canadian Intellectual Property Office, was retained. The process was completed by July 2006 with the certificate of official registration being dHlivered to the Municipal Clerks Office for inclusion in the Municipality's official records. 2.0 CURRENT ST A TU~~ On March 28, 2008 the Manager of Communications received an email correspondence from the Trade Mark Agent. They had received written correspondence from another Trade Mark Agent, representing the Minnesota based company Total Hockey Worldwide (www.totalhockevusa.com) requesting the release of the Canadian rights to the Total Hockey trademark/official mark. This company holds the American rights to the Total Hockey official mark and is in the process of expanding their operations into Canada. Upon trying to register this trade mark in Canada, they were informed that the trade mark is owned by the Municipality of Clarington. The Municipality is being asked to release their rights to the Total Hockey trade mark since the facility is no longer in operation. 3.0 Recommendation The cost of registering the Total Hockey trade mark was approximately $2,500.00 Canadian including all legal and registration fees and incidental 1414 REPORT NO.: COD-36-08 PAGE 3 expenses incurred during the registration process. The funds used for this process were from the Communications & Tourism operating budget. It is recommended that, since there is no other obvious use for this trade mark, there is no legal reason for the Municipality to retain the rights to the Total Hockey trade mark. However, it is further recommended that the trade mark only be released on the proviso that the Municipality is able to recover the original costs of the registration process - the sum of $2,500.00. The Trade Mark Agent has been contacted to inquire if Total Hockey Worldwide would be interested purchasing the trade mark. To date, there has been no response however, it is noted that this type of process takes significant time. Should Total Hockey Worldwide not be interested in paying for the rights to the Total Hockey trade mark, it is recommended that the trade mark rights be retained until such time as there is a willing buyer. 1415 CJ~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2008 Report #: COD-03? -08 File#_ By-law # Subject: Lions Club Offer to Lease, Clarington Beech Centre Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: . 1. THAT Report COD-037-08 be received; 2. THAT the Manager of Purchasing be authorized to proceed with the formal negotiations of a new lease agreement with the Bowmanville Nursery School, a project of the Bowmanville Lions Club, for the lease of space in the Clarington Beech Centre in the amount of $964.58/ month for the term of September 1, 2008 to June 30, 2009; 3. THAT the Mayor and Clerk be authorized to execute the lease agreement in a form satisfactory to the Municipal Solicitor; and 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and Clerk to execute the proposed Lease Agreement with the Bowmanville Lions Club be forwarded to Council for approval. Submitted by: Reviewed bY.: 4 anklin Wu, .# Chief Administrative Officer arie Marano, H.B.Sc., C.M.O. Director of Corporate Services MM\\JB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1416 REPORT NO.: COD-037-08 PAGE 2 BACKGROUND AND COMMENT The existing lease for the Bowmanville Nursery School, a project of the Bowmanville Lions Club for space located at the Clarington Beech Centre expires June 30, 2008. On April 29, 2008 the Lions Club notified the Municipality that the Bowmanville Nursery School would cease to operate as of June 30, 2008 and the Lions Club would not be renewing the lease. Shortly thereafter, the Municipality was notified that the matter was being reconsidered. Subsequently, the Lions Club advised that they wished to renew for a further one year term on a month to month lease basis and they were agreeable to a nominal increase in the lease rate based on Consumer Price Index for the month of April at 1.7 %. This increase will adjust the rate from $948.46 to $964.58. The increase proposed is reasonable and in line with market conditions. In order to proceed a new algreement will be required to cover the lease rates, the terms and the duration. Although the lease rate has been agreed to, there are a number of issues to resolve in the lease. Under the circumstances, it is also recommended that the agreement be reviewed by the Municipality's solicitor. Once a final lease has been prepared and approved by all parties including the Municipality's Solicitor, the agreement will be provided for execution by the Mayor and Clerk. This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows for: Concurrence: Director of Operations Information: Director of Finance Executive Director, COACB Attachment: Attachment 1 - Schedule "A", By-law' 1417 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Lions Club, Bowmanville, Ontario, to enter into agreement for the lease of Clarington Beech Centre, 26 Beech Street, Bowmanville, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Lions Club, Bowmanville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2008. By-law read a third time and finally passed this day of ,2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1418 Clw:mgtnn REPORT Meeting: CORPORATE SERVICES DEPARTMENT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2008 Report #: COD-038-08 File#_ By-law # Subject: Ontario Realty Corporation, Lease Extension - 132 Church Street, (Court room) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-038-08 be received; 2. THAT the lease extension from the Ontario Realty Corporation for the Lease space at 132 Church Street, Bowmanville, in the amount of $5,400.00 per year for the term of June 1, 2008 to May 31, 2009 be approved; and 3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the proposed Lease agreement marked Schedule "B" with the Ontario Realty Corporation be forwarded to Council for approval. Submitted by: ne Marano, H.B.Sc., C.M.G., Director of Corporate Services Reviewed by: u~ .L; ranklin Wu, /0 U' Chief Administrative Officer MM\JDB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1419 REPORT NO.: COD-038-08 PAGE 2 BACKGROUND AND COMMENT During the period of June 1, :2006 to May 31, 2008 the Municipality had an agreement with the Ontario Realty Corporation for the use of the court room located at 132 Church Street, Bowmanville. The agreement provided for the use of the court room for sixty (60) days each year and the lease rate was based on a per diem rate of $175.00. The Ontario Realty Corporation has proposed a lease extension for the court room area for a one (1) year period from Junl~ 1, 2008 to May 31, 2009 based on usage of thirty (30) days per year with a nominal increase in the per diem rate to $180.00. The annual fee of $5,400.00 will be paid in advance in equal rnonthly instalments of $450.00. There is also provision in the agreement to use the court mom for additional days if needed, at the per diem rate; however, this option has not been utilized in recent years. The extension agreement continues to make provision for a change in the number of days required or the cancellation of the agreement on ninety (90) days notice (see Section 3). A copy of the proposed agreement is attached as Schedule "B". This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows for: Concurrence: Director of Operations Information: Director of Finance. Attachments: Attachment 1 - Schedule "A"" By-law Attachment 2 - Schedule "B" Lease Agreement 1420 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Ontario Realty Corporation, Toronto, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Ontario Realty Corporation, Toronto, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2008. By-law read a third time and finally passed this day of ,2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1421 SCHEDULE "B" L01739 PER DIEM LICENSE EXTENSION AND AMENDING AGREEMENT THIS AGREEMENT made in quadruplicate as of the 16th day of April, 2008. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Herein called the "Licensor" OF THE FIRST PART AND: ONTARIO REALTY CORPORATION, ACTING AS AGENT ON BEHAL.F OF HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL Herein called the "Licensee" OF THE SECOND PART WHEREAS by a Per Diem License Agreement dated June 1,2005, (the "Original License"), the Licensor did license unto Her Majesty the Queen In Right of Ontario As Represented by the Chair of the Management Board of Cabinet (the "Chair'') for a term of One (1) year commencing on June 1,2005 and ending on May 31,2006 (the "'Term"), the premises more particularly described as approximately ]:our Thousand, One HWl(lred and Twenty-Seven (4,127) square feet on the second floor (thel "Licensed Premises''), in the building municipally known as 132 Church Street (the "Building"), in the Town ofBowmanville, in the Province of Ontario (the "Lands''), as more particularly described in Schedule "A" attached thereto; AND WHEREAS by Order in Council No. 1487/2005 dated September 21, 2005, all of the powers and duties of the Chair relating to real property leased by the Government of Ontario pursuant to the Ministrv of Government Services Act. R.S.O. 1990, c.M.25, as amended, were transferred and assigned to the Minister of Public Infrastructure Renewal; AND WHEREAS the Licensor and the Licensee agreed to extend the Term by way of a License Extension and Amending Agreement dated July 28, 2006 (the "First Extension Agreement''), for One (1) further term of Two (2) years commencing on June 1,2006 and ending on May 31, 2008 (the "First Extension Term''), in addition to other terms and conditions as set out therein; AND WHEREAS the Original License, the First Extension Agreement and this License Extension and Amending Agreement (the "Agreement") are hereinafter collectively referred to as the "License", except as specifically set out herein; AND WHEREAS the parties have agreed to (i) reduce the Licensee's use of the Licensed Premises from Sixty (60) days per year to Thirty (30) days per year; and (ii) extend and amend the License on the following terms and conditions: 1422 SCHEDULE "B" -2- NOW THEREFORE TmS AGREEMENT WITNESSES THAT in consideration of the sum of Two Dollars ($2.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. The parties hereto confinn that the foregoing recitals are true in substance and in fact. Extension of License 2. The Tenn of the License is hereby extended for a further term of One (1) year commencing on 1une 1,2008 and ending on May 31,2009 (the "Second Extension Tenn"), at an annua1license fee of Five Thousand, Four Hundred Dollars ($5,400.00) (the "License Fee''), payable in advance in equal monthly installments of Four Hundred and Fifty Dollars ($450.00) on the first day of each month during the Second Extension Term, based upon use of the Licensed Premises for Thirty (30) days pee year at a rate of One Hundred and Eighty Dollars ($180.00) per day. Any additional days of use will be paid for by the Licensee at the abovementioned daily rate upon receipt of an invoice from the Licensor for such additional use, such invoice to be issued once a year at the end of the calendar year in which such charges were incurred. Any additional days are to be invoiced to the following: Ministry of the Attorney General 720 Bay Street 5th Floor Toronto, ON M5G 2Kl Attention: Manager, Leasing Services The Licensee hereby continues to certify that the Licensed Premises is licensed for use of the Crown in Right of Ontario and is therefore not subject to the Goods and Services Tax. 3. The Licensee shall continue to have the right to cancel this Agreement or alter the number of days per annum for. which use of the Licensed Premises is designated hereunder at any time during the Second Extension Tenn, by giving the Licensor not less than Ninety (90) days' prior written notice of cancellation or change, as the case may be. Amendments to License 4. The extension contemplated pursuant to this Agreement is subject to all the covenants and agreements contained in the License, as amended, renewed and extended from time to time, save and except Section 6.13 of the Original License (Notices) is hereby amended to provide the following addresses for notice: Licensee: Ontario Realty Corporation I Dundas Street West Suite 2000 Toronto, ON M5G 2L5 Attention: Vice-President, Leasing and Lease Administration Tel: 416-327-3937 Fax: 416-327-3376 And an additional copy to: SNC Lavalin ProFac Inc. Suite 900, 304 The East Mall Toronto, ON M9B 6E2 1423 SCHEDULE "B" - 3 - Attention: Director of Lease Administration Tel: 416-207-4700 Fax: 416-207-3208 Any notice required shall be given in writing and delivered personally or by facsimile or mailed by either registered or signature mail and postage prepaid. The time of giving of notice by either registered or signature mail shall be conclusively deemed to be the third BusineS!1 Day after the day of such mailing. Such notice, if personally delivered or if delivc~ed by facsimile, shall be conclusively deemed to have been given and received at the time of such delivery. S. The Licensor and the Licensee hereby mutually covenant and agree that during the Second Extension Term they shall each perform and observe all of the covenants, provisos and obligations on their respective parts to be perfonned pursuant to the terms of the License, as extended and amended hereby. 6. The Licensor and any of its sucx:essors, permitted assigns, directors, officers, employees, agents, servants, and representatives shall not engage in any activity where such activity creates a conflict of interest, actual or potential, in the sole opinion of the Licensee, with the License or the e:xercise of any of the rights or obligations of the Licensor hereunder. The Licensor shall disclose to the Licensee in writing and without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. For clarification, a "conflict of interest" mClUlS, in relation to the performance of its contractual obligations pursuant to the License, the Licensor's other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement; or (ii) could or could be: seen to compromise, impair or be incompatible with the effective perfonnance of its contractual obligations pursuant to the License. 7. Except as otherwise specifica11yprovided in this Agreement, all words and expressions used in the License shall apply to and be read as applicable to the provisions of this Agreement. 8. The provisions of this Agreement shall be interpreted and governed by the laws of the Province of Ontario. 9. The Licensor acknowledges and a~:es that the commercial and financial information in this Agreement is subject to the freedom of Information and Protection ofPrivacv Act, R.S.O. 1990, c.F.3I, as amendc:d. to. This Agreement shall be binding upon and enure to the benefit of the administrators, successors and/or assigns of the respective parties hereto. THE REMAINDER OF THIS PAG1E IS INTENTIONALLY LEFT BLANK. 1424 SCHEDULE "B" -4- 11. This Agreement shall not be binding upon the Licensee until it has been executed by or on behalf of the Licensee. IN WITNESS WHEREOF the parties hereto have executed this Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Name: Title: Per: Name: Title: Authorized Signing Officer(s) ONTARIO REALTY CORPORATION, ACTING AS AGENT ON BEHALF OF HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF PUBLIC INFRASTRUcrURE RENEWAL Per: John Contestabile Vice-President, Transactions Authorized Signing Officer 1425 q@l]gton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2008 Report #: COD-040-08 File#_ By-law # Subject: CL2008-21, Foster Creek Erosion Protection @ Roberts Street, Newcastle Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-040-08 be received; 2. THAT S & F Excavating Limited, King City, Ontario with a total bid in the amount of $184,500.00 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2008-21, be awarded the contract for the Foster Creek Erosion Protection @ Roberts Street, Newcastle as required by the Engineering Department; 3. THAT funds required in the amount of $237,000.00 (which includes $184,500.00 Tendering, Consulting and Contingencies) be drawn from Engineering 2007 and 2008 Capital Account #110-32-340-83317-7401 in the amount of $230,000.00 and from Engineering 2007 Capital Account #110-32-342-83315-7401 in the amount of $7,000.00; and 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to e. xec. ute the necessary agreement be approved. ~ Submitted bY:~ Reviewed bY~ rie Marano, H.B.Sc., C.M.O. 11 Franklin Wu, Director of Corporate Services 1 v Chief Administrative Officer MM/JB/km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1426 REPORT NO.: COD-040-08 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Foster Creek Erosion Protection @ Roberts Street, Newcastle as required by the Engineering Department. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per the letter from Totten Sims Hubicki Associates Schedule "B" attached. The total project cost, including project administration, contingency and tender price of $184,500.00 is $237,000.00. This amount exceeds the 2007 and 2008 Capital Budget estimate of $230,000.00 provided in Engineering account 110-32-340-83317-7401 by $7,000.00. In order to proceed with this important project an additional $7,000.00 is required and is available in the 2007 Colwell Bridge Erosion project, Engineering Capital account #110-32-342-83315-7401. The low bidder has previously performed satisfactory work for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. The Director of Engineering has reviewed the bids, the recommendation and the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, S & F Excavating Limited, King City, Ontario, be recommended for the contract .for the Foster Creek Erosion Protection @ Roberts Street, Newcastle. 1427 REPORT NO.: COD-040-08 PAGE 3 This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows: Concurrence: Director of Engineering Director of Finance Attachments: Schedule "A" - By-law Schedule liB" - Memo from Engineering Services & Letter from Totten Sims Hubicki 1428 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and S & F Excavating Limited, King City, to enter into agreement for the Foster Creek Erosion Protection @ Roberts Street, Newcastle. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, S & F Excavating Limited, King City, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2008. By-law read a third time and finally passed this day of ,2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1429 SCHEDULE" B" Cl~-!lJgton MEMO TO: Jerry Barber, Purchasing Manager FROM: Bruno Bianco, P. Eng., Design Engineer DATE: June 6, 2008 SUBJECT: Foster Creek Erosion Protection Robert Street Culverts, Newcastle cL2008-21, CED.FosterCreek.2 5800-8310-07115 The Engineering Services Department has reviewed the recommendation provided by TSH and offers the following comments: In 2007 the Municipality completed similar erosion protection works at the Colwill Bridge on Old Scugog Road. Our budget value for Foster Creek erosion works is based on indexed construction costs from the Colwill Bridge project. The total budget value for the Foster Creek erosion protection is $230,000.00 (2007 & 2008 Capital Budget). The total tendered project cost, including design and tender fees as well as contract administration fees, for the Foster Creek erosion works is $7,000.00 over budget for a total of $237,000.00. Due to the erosion implications at the Robert Street culvert, it is imperative that the project proceed. In order to continue with these works, our department would like to utilize the unspent funds from the 2007 Colwill Bridge Erosion project (Account # 110 32 342 83315 7401). The financing splits for each project are the same. Our cost of works for the 2007 Colwill Bridge project was substantially lower than the estimated cost of works in our 2007 capital budget. Should the funding source detailed above be available, we concur with the recommendation to award the contract to S&F Excavating Ltd. in the amount of $184,500.00 exclusive of G.ST Due to past experiences on a similar project, a contingency amount of approximately 4% is carried forward. Therefore, including design and tender fees as well as contract administration fees, the engineering department advises the following Municipal breakdown for the above referenced project; 1430 SCHEDULE "B" Foster Creek Erosion Protection Robert St Culverts, Newcastle CEO. Fostercreek.2 2 June 6, 2008 Project Breakdown Total Project Amount $237,000.00 Budget Amount $230000.00 Foster Creek Erosion Protection (2007 &2008) 11032340833177401 Estimated Budget Deficit ($7,000.00) Additional Funding $7,000.00 Colwill Bridge Watercourse Realignment (2007) 110 32 342 83315 7401 Total Proiect DeficiUSurplus $0.00 Should the additional funding be available, we recommend the report to Council move forward based on the above apportionments. Attached for your files is the recommendation provided by TSH. Should you have any further questions, please feel free to contact the undersigned. Regards, /dv Attachment cc William McCrae, P. Eng., Totten Sims Hubicki Nancy Taylor, Director of Finance I. IE ng ineeringAdministrationlM E MOS20081B iancolJ un. 6.08. F OSTE R C R E E KEROSI 0 N PR OTE C TIO N. Robe rtyStCulvens NewCE D. F ostercreek .2. BMBdoc CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 1431 SCHEDULE.. B" . VH Totten Sims Hubicki Associates 513 Division Street, Cobourg, Ontario. Canada K9A 5G6 (905) 372-2121 Fax: (905) 372-3621 E-mail: cobourg@tsh.ca www.tsh.ca engineers architects planners June 6, 2008 Mr. A.S. Cannella, C.E.T., Director Engineering Services Department Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1 C 3A6 Dear Sir: Re: Foster Creek at Robert Street Culverts, Newcastle Erosion Protection and Remedial Works, Contract No. CL2008-21 Municipality of Cia ring ton, TSH Project No. 12-29604 Tenders for the above project were opened at the Municipal Offices on Wednesday, June 41", 2008 at 2: 15 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of GST. Bidder Total Tendered ;; Amount S & F Excavating Ltd., King City $184,500.00 Ron Robinson Ltd., Bowmanville $213,023.76 Iron Trio Demolition Inc., Concord $236,338.25 Peninsula Construction Inc., Fonthill $280,285.27 Dynex Construction Ltd., Concord Non Compliant ~ .. Improper Bid (insufficient deposit}- Rejected by Purchasing Department TSH has reviewed all bids accepted by the Clarington Purchasing Depaltment and have confirmed the bid values noted above. S & F Excavating Limited has completed the Wilmot Creek Pedestrian Bridge Erosion Protection project tendered by the Municipality of Clarington and administered by TSH, under Quotation No. Q2007-11. The contract was completed in a satisfactory manner. As requested by the Purchasing Department, references have been checked for the low bidder. S & F Excavating Limited has also completed projects of similar scope for the Town of Whitby and the City of Pickering. Staff members and agents from these municipalities were contacted for references and have confirmed the Contractor's performance on these past projects to be satisfactory. 1432 SCHEDULE "B" Mr. A. S. Cannella, C.E.T., Director June 6, 2008 2. The following is a summary of the total project costs: Total Construction Costs Based on Low Bid Permit to Take Water Application Fee Detailed Design, Approvals and Tender Preparation (to May 10, 2008) Contract Administration (Estimated) Contingencies (Estimated) Total $184,500.00 $750.00 $26,033.02 $16,000.00 $9.716.98 $237,000.00 Based on the total budget amount of $230,000 (2007 and 2008) allocated for these works from the 2008 Budget (Account No. 100-32-340-83317-7401), the total project costs based on the low bid are over budget by $7,000. Erosion control projects are unique. In this regard, using benchmark cost data in the preparation of cost estimates often results in estimates which do not reflect the level of eff011 required to complete the work. In addition, rising fuel costs have significantly affected the cost of material delivelY which comprises a large part of this project. The project is necessary to stop creek erosion that will in the short term, compromise the existing property at the southeast corner ofthe culverts. If the watercourse is left in its current state, erosion will continue to impact this property as well as pose a safety hazard due to the steep banks and drop off at this same location. If additional financing can be secured, we recommend that the tender in the amount of $184,500.00 (exclusive ofG.S.T.) be awarded to S & F Excavating Limited of King City, Ontario. Deposit cheques or bid bonds shall be retained for the low and second low bids until the contract has been executed. Should you require any further information, please contact the undersigned. Best regards, i f 0 \1... Ron Albright, P .Eng. Project Engineer RAfra P;\Dept 12\12-29604\Corresp\CL2008-21 Tender Repon.doc pc: Mr. Bruno Bianco, P.Eng., Municipality ofClarington lilt 1433 OTHER BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON GPA RESOLUTION # DATE: MOVED BY: SECONDED BY: WHEREAS Council adopted the Bowmanville Community Improvement Plan (CIP) and project area by By-Law 2005-123 in June and the Ministry of Municipal Affairs and Housing approved the CIP with amendments on September 16, 2005; WHEREAS Community Improvement Plans allow the Municipality to provide incentives to business owners and property owners within the Project Area (as set out in the CIP); WHEREAS the two other Community Improvement Plans in Clarington have infill grants; WHEREAS at the time the Bowmanville Community Improvement Plan was written there was no opportunity for infill development within the historic downtown core; WHEREAS on April 29th, the four buildings between 19 % to 33 King Street West were damaged by fire; WHEREAS the Municipality would like to assist the property owners in rebuilding in accordance with the historic main street features; and THEREFORE be it resolved that Staff be authorized to review and bring forward to a Public Meeting, as called for in the Planning Act, a proposed amendment to the Bowmanville Community Improvement Plan to provide an infill grant with conditions and funding levels similar to the other CIP's. 1801 HANDOUTS I CIRCULATIONS FOR GP&A ClfJ!ilJgtoo MEMO CLERK'S DEPARTMENT To: From: Date: Subject: Mayor Abernethy and Members of Council Anne Greentree, Deputy Clerk June 13, 2008 GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA - JUNE 16,2008 - UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, June 16, 2008: 6. DELEGATIONS See attached Final List 14. CORPORATE SERVICES (a) COD-031-08- AGREEMENT WITH KNOX CHRISTIAN SCHOOL FOR PERMITTED USE OF SOCCER FIELD(S) Revised Schedule A 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: June 16, 2008 (a) Jaison Gibson, Regarding Free Speech and Civil Disobedience (b) Perpetua Quigley, Regarding Free CPR Training in all High Schools in the Municipality of Clarington (c) Wayne Clarke, Durham Region Home Builders Association, Regarding Addendum to Report FND-012-08 (d) Richard Ward, Regarding Suspending Actions Pending Request for Criminal Investigation (e) Anne White, Regarding Confidential Report CLD-020-08 Schedule IIA" AGREEMENT made this day of June, 2008. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (Hereafter called the Municipality) - and- KNOX CHRISTIAN SCHOOL (Hereafter called the School) WHEREAS the school hereby grants to the Municipality the right to use the Soccer Field(s) located at the Knox Christian School, 410 North Scugog Court, Bowmanville, Ontario, L 1 C 3K2, from the date hereof, on the terms and conditions contained hereafter. The Municipality to pay $2.00 per annum of lawful money of Canada, to be due and payable upon execution of the agreement and on the anniversary of the agreement thereafter. 1. The Municipality covenants with the Schooi as follows: a) To pay rent. b ) To provide proof of public liability insurance in the amount acceptable to the Director of Finance of the Municipality for its obligations in this agreement. c) To provide regular grass cutting and garbage pick-up of the soccer field(s) area, (area to be mutually agreed by both parties) during the period of use (April 15 to October 15). d) To refrain from erecting any permanent structure of whatever kind upon the leased land. e) To maintain and keep the property in clean and tidy condition and not permit objectionable materials of any kind to be accumulated during the periOd of permitted use. f) For permitted use Monday to Friday, 5:00 pm to g:oo pm and Saturdays 8:00 am - 9:00 pm during the period of April 15 to October 15 of each year. 2. The School covenants with the Municipality as follows: a) For quiet enjoyment. b ) To permtt the Municipality to make such improvements to the land that they deem appropriate at their cost and such improvements will be considered lease hold improvements and will become part of and remain with the lands. c) To permtt the use of the school parking lot by permitted soccer teams/players during the permitted use periods. Schedule "Au 3. a) The Municipality of Clarington shall not be liable in any manner whatsoever for any loss, injury, or damage to person or properly including loss of life, by whomsoever suffered, that in any way is connected to the establishment, use or the operation of soccer fields unless caused by the negligence or the wilful act of any employee or agent of the Municipality of Clarington, while acting within the scope of his or her employment or agency respectively. This provision shall survive the termination or expiry of this agreement. b) Knox Christian School shall be solely responsible for any claims which may arise during lis use of the sports field and hereby indemnifies and saves harmless the Municipality of and from all claims, demands, actions and costs incidental thereto, that may be made or instituted by any person or persons with respect to damages or injuries that may be sustained to person or property arising out of the use of the soccer field. 3. Eilher party may terminate this agreement by giving ninety (90) days notice in writing. 4. For the purposes of this agreement notice any notice or other document is required to be or may be given by the School to the Municipality or by the Municipality to the School under this agreement such notice shall be transmitted by telefax, mailed by first class prepaid mail or delivered to: Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario, L 1 C 3A6 Attention: Purchasina Manaoer If by telefax to: (905) 623-3330 Knox Christian School 410 North Scugog Court Bowmanville, Ontario, L 1 C 3K3 Attention: Princioal If by telefax to: (905) 623-8877 Schedule "A" 5. The Municipality will not be held responsible for any levies, taxes etc. for the use of the lands as described. THIS AGREEMENT IS EXECUTED ON BEHALF OF KNOX CHRISTIAN SCHOOL by their authorized agent, this day of 2008. Mr. George Petrusma, Principal THIS AGREEMENT IS EXECUTED ON BEHALF OF THE MUNICIPALITY OF CLARINGTON, under the seal of the Municipal Corporation and the hands of tts officers duly qualified, this day of 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Clarington Board of Trade Report to Council June 16, 2008 Calls Handled varies - average 5 per day Emails handled 5 to 10 per day Meetings with existing businesses 27 Meetings with prospective businesses 2 Regional leads 18 New business 10 Business moved 1 (within Bowmanville) Business expansion 1 New jobs created 39/Rona job fair June 18 I would like to take a moment and introduce our team: . Sheila Hall- Executive Director/Economic Development Officer · Karen Fedato - Membership Services Co-ordinator/Physician Recruitment · Bonnie Wrightman - Business Development Co-ordinator As mentioned I have been out visiting with our some of our businesses including Halminen Building, Valiant Properties, Syvan Developments, Veltri, Veyance Technologies, Greeley Containment, Fabricating Techniques, Global Rotary Engines, OPG, and various retail and service companies. As a step to assist the retail and service sectors, we are teaming up with the Municipal communications department to gauge interest in a "Shop Local" campaign to encourage growth for this sector. Agriculture is a key driver in the Clarington economy, we are looking at opportunities and possible solutions to ensure Agriculture is sustained and recognized for their impact on our economy. In addition to these activities it is important for us to ensure that partnerships, resources and structures are in place to support growth. We are proud to be actively participating with the Regional efforts, the official plan review, sign by-law review, Metrolinx and the EA process for Ontario Power Generation. We are offering satellite coaching opportunities through the Business advisory centre in Durham and round table discussions. We are all aware of the two largest topics of discussion for Economic Development in Durham Region today. The GM Shut down and the hopes of a positive announcement for New Nuclear Build in Clarington. Our president Mike Patrick is sitting on the Durham Community Adjustment Committee, where a lot of work is being done on a labour market study. This will help us to understand the skills we currently have in our community, where we need to create jobs and or what we need to focus retraining programs on. New Build will be a great announcement, we have been researching and beginning to set up meetings with feeder business for new build, both for the construction phase but also for the 60 years to follow. LLI C <3: a: t- L&- a c a: <3: a m Z a t- ~ Z - a: <3: ..... u ~ ...., QJ c: u .- OJ : I E 0 +J OJ C ~ 0 QJ 0 -c - E +J OJ rn ta > c.. c 0 OJ .- I- - "'C ~ C QJ ~ I > 0 '+- U QJ I 0 c 0 -- E 0 0 U rn E rn u +J V) E ra .- rn QJ +J -C 0 OJ :c E "'C u ..c I- c:1- rn 0 QJ .- b.O - LL > .- ta 0 .- c ~ ~ QJ 0 C QJ $ 0 u ..c u QJ V1 CC w V1 UJ ~ c.. QJ .............. rn .- U) .- ~ ~ ..c c -- 0 c: c: V) C +J ~ 0 0 0 u QJ QJ ..c co ..... ...., ~ bO .- E 0 c: c: QJ -- QJ ~ -- '- > l- ra .- +J ta - :J U - u U QJ X UJ OJ -c ta '- I- \l- e -c '- ta e cc c: e ...., bO c: .- '- ta - U ~ .... .- > .- .... (.) <( .... c: (1) E c- o - (1) > (1) c (.) .- E o c: o (.) w >- ro "'0 - 00 ~ OJ n - OJ - >- .- OJ a. > ro c c L.f') "'0 ro ::J OJ ~ E ....., b.O OJ ~ ~ .- ro a. 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OJ -c ta l.- I- '4- o -c l.- ta o m c:: o ...., bO c:: .- l.- ta - U OJ -c ta "- I- ~ o -c "- ta o cc c: o ...., bO c: .- "- ta - U Q) ..c ... ~~c c ...." 0 U 0 C __ ro ~ EbO>-~ o C ~ ~ . C -(I; -- ~ Vl O ~ C ~ ~ ...J ~ ro ~ U U 0 UJ 0 E ~tt:: ~ 4-... E 6 Q) ~"E8-So6 U~bO~Vl bOC:Coc -- ~ ro -~ ~ U ..c c. ~ C ~ x o~~~Q) C.O-cC-c ~EroQ)c ...J ~ E ro Vl Q) 0 c.c ~s4-.2o o >- Q) __ 4-Vl~>~ ~ro=Q)C O~..c-cQ) >- C -- ~ Q) Vl Vl Q) ~Eg~~ roc.c.c ..c 0 Vl -(I; ~Q)~~ > ..c Q) (:) Leading the W¢y MEMO TO: Mayor and Council Frank Wu, Chief Administrative Officer Department Heads FROM: A.S. Cannella, Director of Engineering Services DATE: June 16, 2008 RE: REVISED SITE ALTERATION BY-LAW - POLICIES AND PROCEDURES Please find attached a revised copy of the Site Alteration Bylaw -Policies and Procedures adding a new section entitled "Permit Exceptions" (see section 1.0). The intent of the Policies and Procedures is to administer the provisions of the Site Alteration Bylaw in a "user friendly" manner. The addition of the "Permit Exceptions° section provides the relevant information for the public to determine if a permit is required. A.S. Cannella, C.E.T. Director of Engineering Services ASC/jo CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 Municipality of Clarington Site Alteration By-law Policies and Procedures June 2008 -2- Table of Contents 1. Permit Exceptions 3 2. Permit Conditions 4 3. Requirements for Site Alteration Permit 6 4. Site Design Guidelines 7 5. Insurance g 6. Letter of Credit /Security Deposit 8 7. Application Form 10 -3- INTRODUCTION The Municipality of Clarington Site Alteration By-law -Policies and Procedures have been prepared by the Engineering Services Department to set out guidelines for the dumping, excavation and filling of sites and associated works (the 'works') within the Municipality to ensure compliance with the Site Alteration By-law. Any variation from these guidelines will only be permitted if the intent of the Site Alteration By-law is met and at the sole discretion of the Director of Engineering Services. 1.0 PERMIT EXCEPTIONS 1.1 A permit is not required to be taken out where the Placing or Dumping of Fill, removal of topsoil or alteration of the Grade of land is: (a) undertaken by the Municipality or a local board of the Municipality; (b) on residential properties for the purpose of swimming pool installations; (c) imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53 respectively, of the Planning Act or as a requirement of a site plan agreement or a subdivision agreement executed and in good standing entered into under those sections; (d) imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Actor as a requirement of an agreement entered into and in good standing under that regulation; (e) undertaken by transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; (f) undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; (g) undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, that has not been designated under the Aggregate Resources Actor a predecessor of that Act, and ii) on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act, (h) undertaken as an incidental part of drain construction under the Drainage Act or the Tite Drainage Act, (i) undertaken in accordance with a permit issued by the Municipality's Chief Building Official pursuant to the Building Code Act, 1992 for the erection or demolition of a building or structure, provided the Director and the Chief Building Official are satisfied that the permit application provides sufficient information to determine compliance with the provisions of this By-law; -4- Q) undertaken in accordance with an order issued pursuant to the Municipality's Property Standards By-law as amended from time to time; or (k) Contractor's Yard which imports, processes, used and/or calls organic or granular material and which complies with the Municipality's Zoning By-law. 1.2 In addition, a permit is not required for Fill placed on lands zoned for residential use within the meaning of the Zoning By-law for the purpose of lawn dressing, landscaping, adding to flower beds or vegetable gardens, provided that: (a) the elevation of the land within 1.0 metres of the property line is not changed; (b) there is no change in the location, direction or elevation of any natural or artificial watercourse, open channel, Swale or ditch used to drain land; (c) the functionality of any drainage infrastructure is not impeded; (d) the Dumping or Placing of Fill on a Lot which is 0.1 hectares or less, provided that the volume of Fill Dumped or Placed does not exceed 30 cubic metres in any consecutive 12 month period; and (e) the Dumping or Placing of Fill on a Lot which is greater than 0.1 hectares in area, provided that the volume of Dumped or Placed Fill does not exceed 60 cubic metres in any consecutive 12 month period. 1.3 The provisions of this By-law do not apply to the extent that Topsoil is removed or placed as an incidental part of bona fide Normal Agricultural Practice. 1.4 The provisions of this By-law do not apply in an area to the extent of any conflict with a regulation made under section 28 of the Conservation Authorities Act respecting the Placing or Dumping of Fill, removal of Topsoil or alteration of the Grade of land in such area. 1.5 The provisions of this By-law do not apply in an area to the extent to any conflict with a regulation made under Ontario Regulation 140/02 -The Oak Ridges Moraine Conservation Plan respecting the Placing or Dumping of Fill, removal of Topsoil or alteration of the Grade of land in such area. 2.0 PERMIT CONDITIONS 2.1 All permit holders shall: (a) notify the Director in writing a minimum of two (2) business days prior to the commencement or recommencement of any site alteration and/ or associated works; (b) obtain permission in writing from the Director prior to modifying any element of the Application; (c) install all control measures as identified in the approved Erosion and Sediment Control Plan prior to any site alteration; (d) maintain all road drainage systems, storm water drainage systems, control measures and other facilities identified in the Application; -5- (e) promptly repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities; (f) inspect the sedimentation control measures at least once per week and after each rainfall within 24 hours and make needed repairs to the satisfaction of the Director of Engineering Services; (g) allow Municipal officers or agents of the Municipality to enter the site for the purpose of inspecting for compliance with the Application or for performing any work necessary to bring the site into compliance with the permit, including the Erosion and Sediment Control Plan; (h) maintain a copy of the permit on the site; (i) notify all sub-contractors and suppliers of approved access routes to the site and ensure compliance with these instructions; Q) maintain all roads in same or better condition than existed prior to the commencement of the work and keep all roads free from any materials or equipment arising from the work set out in the permit; (k) ensure that no construction machinery is running or operating before 7:00 a.m. or after 11:00 p.m., Monday to Saturday, inclusive, or at any time on Sunday; (I) be responsible for the activities of their agents, employees, contractors and sub-contractors who may create a situation of non- compliance with the permit; and, (m) construct additional works and or erosion and sediment controls not identified in the Site Alteration Plan as deemed necessary by the Director. 2.2 The Municipality may: (a) inspect the site periodically to ensure compliance with the permit; (b) direct the permit holder to complete certain works in a defined period of time to bring the site into compliance with the permit and/or additional works to ensure no adverse impacts to the environment or to adjoining properties; (c) upon failure by the permit holder to complete all or part of the works in the time stipulated in the Application, may draw the appropriate amount from the securities posted and use the funds to arrange to complete the said works, or any part thereof; (d) upon failure by the permit holder to install, repair or maintain a specific part of the works as requested by the Municipality, and in the time requested, may at any time authorize the use of all or part of the securities to pay the cost of any part of the works it may in its absolute discretion deem necessary; (e) in the case of emergency repairs or clean up, may undertake the necessary works at the expense of the permit holder and reimburse itself out of securities posted by the permit holder; -6- (f) when deemed necessary by the Director of Engineering Services, redesignate truck routes and trucking schedule and may require additional signage; and, (g) require the applicant to provide pre and post hauling pavement assessment at their cost and to the satisfaction of the Director of Engineering Services. 3.0 REQUIREMENTS FOR SITE ALTERATION PERMIT 3.1 The following drawings, details and information may be required by the Municipality in order to process an Application for Site Alteration. Each required item must be prepared to the satisfaction of the Director: a) a key map showing the location of each Lot, including the nearest major intersection and north arrow; b) the Lot's boundaries and area (expressed in hectares) of each such lot or parcel of land; c) the existing and proposed use of the land and the location and use of the buildings and other structures adjacent to each Lot; d) the location, dimensions and use of any building and other structures existing or proposed to be erected on each Lot; e) the location of lakes, streams, wetlands, channels, ditches, other watercourses and other bodies of water on and within a minimum of 30 metres beyond each Lot's boundaries; f) the location of all Regulatory Flood Lines and Conservation Authority Fill Regulation lines; g) the location and identification of the predominant existing Soil types on the Lot; h) the species, Grade at base and size of all trees greater than 250 millimetres in calliper, all shrubs, trees and hedges within three (3) metre(s) of the property line and driveways on each Lot and all easements and rights-of-way over, under, across or through the Lot; the location and dimensions of any existing and proposed storm water drainage systems and natural drainage patterns on and within a minimum of 30 metres beyond each Lot's boundaries; j) the location and dimensions of utilities, structures, roads, highways and paving located within a minimum of 30 metres beyond each Lot's boundaries; k) the existing topography on the Lot and extending a minimum of 30 metres beyond the Lot's boundaries; the Proposed Grades of each Lot; m) the location and dimensions of all proposed land disturbance activities, including construction of access roads; n) the location and dimensions of all temporary Soil, dirt or Fill stockpiles; -7- o) the location, dimensions, design details and design calculations of all construction site erosion control measures that may be necessary to minimize the impact of the proposal; p) a schedule of the anticipated starting and completion dates of each land disturbance or land development activity; q) provisions for the maintenance of the construction site erosion control and dust control measures during construction and after as required; r) a plan of proposed external haul routes and daily schedule for hauling, including a plan showing signage as required by the Director; s) the scale of drawing, ranging from 1:250 to 1:1000 as deemed appropriate (each drawing control plan to be in metres); t) an indication on the drawing of directions of overland water flow and overland flow route; u) any information, plans or studies required by Ontario Regulation 140/02. v) Proposed Grades and drainage system to be used upon completion of the Placing or Dumping of Fill on a Lot; w) a description of the proposed Fill, including a list of the sources and geotechnical reports as to content and quality, prepared by qualified experts in that regard; x) a certificate of the Owner, Applicant and each qualified expert referenced in paragraph (e) certifying that the Fill contains no contaminants as defined in the Environmental Protection Act, R.S.O. 1990, c. E.19; y) a plan showing the design details to proper scale of any Retaining Wall that may be required and the dimensions of any materials to be used in construction of such Retaining Wall; and z) security in a form and amount to be determined by the Director to secure performance of the work for which the Permit is being applied. 4.0 SITE DESIGN GUIDELINES 4.1 Every Site Alteration shall be performed in accordance with the following objectives: • prevention or limiting of off-site impacts of increased runoff, soil erosion, sedimentation, dust and mud; • prevention of Dumping of Contaminated Fill; • compliance with federal, provincial, Conservation Authority and Municipal standards and regulations; and • placement or excavation of fill which is compatible with and appropriate to the surrounding land placement or excavation of fill which results in a visually acceptable landscape as determined by the Director. -8- 5.0 INSURANCE 5.1 The Director may require the applicant to provide certification of insurance in an amount and in a form which is satisfactory to the Director of Engineering Services and the Director of Finance. In certain circumstances, where the Director deems it appropriate, the Applicant will be required to name the Municipality as an additional named insured in the insurance certification. 6.0 LETTER OF CREDIT /SECURITY DEPOSIT 6.1 The applicant will be responsible to provide a cost estimate of maintaining erosion and sediment control measures, traffic control, mud tracking control measures, dust control measures, litter and debris control measures and stabilization of all disturbed surfaces. The cost estimate will be subject to review by staff and approval by the Director. 6.2 An irrevocable Letter of Credit or other security acceptable to the Municipality to cover 100% of the estimated cost of site control measures including the cost of the erosion and sediment control measures, mud tracking control measures, litter and debris control measures, traffic control, dust control measures and stabilization shall be required. 6.3 The Letter of Credit /Security Deposit may also be required to include a road, sidewalk /curb, entrance culvert, utility or other damage deposit. 6.4 The security shall be in a form acceptable to the Municipality's Director of Finance. 6.5 The security shall remain in effect for the full duration of the permit with an automatic renewal clause in the document. Any Letter of Credit and its subsequent renewal forms shall contain a clause stating that thirty (30) days written notice must be given to the Municipality prior to its expiry or cancellation. A detailed cost estimate including unit prices and quantities are to be supplied by the owner or their representative and verified by Municipal staff. 6.6 In the event that the Municipality receives notice that a Letter of Credit is expiring and will not be renewed, or if further or additional securities are not provided within the said thirty (30) days, the Municipality may draw on the current Letter of Credit at the discretion of the Director. 6.7 It shall be the responsible of the permit holder: (a) to provide evidence satisfactory to the Director that the site has been adequately reinstated and stabilized in accordance with this by-law and the Erosion and Sediment Control Plan accompanying the permit; and, (b) to notify the Municipality no later than five (5) working days of the completion of works set out in the permit and to request that the Municipality carry out an inspection to confirm that all relevant terms of this by-law have been complied with. 6.8 When the provisions of this by-law have been fully complied with to the satisfaction of the Director, the Director shall release the applicant's security. Some security may continue to be held until the Director is satisfied that the site stabilization has taken effect. -9- 6.9 All securities will be returned to the original applicant unless the original applicant authorizes, in writing, the return of the securities to another person. 6.10 If in the opinion of the Director the permit holder is not proceeding with the work as set out in the permit in a timely fashion or if the work is being improperly performed or if the work is neglected or abandoned, the permit holder shall be deemed in violation of the permit. Under this circumstance, the Municipality of Clarington shall have full authority to enter the site and complete or cause to have completed works set out and approved in the permit application. The Letter of Credit shall be drawn on to make payment for the work, materials, rentals and other sundry costs associated with the completion of the works. -10- The Corporation of the Municipality of Clarington ENGINEERING SERVICES DEPARTMENT Site Alteration Application For Dumping Fill, Removing Fill or Altering Grades within the Municipality of Clarington, under By-law xxxx. • Application cannot be processed until Permit Application Fee is paid • Application Fees and Permit Fees are non-refundable • Applications require five (5) business days to review once a complete application has been submitted • Applications must be complete with all required documentation APPLICANT NAME: PHONE/FAX: 2. Removal site (if not same as Applicant) Owner Location/Address: Dumping site (if not same as Applicant) Owner Location/. Where Applicant does not own both sites, confirm other affected property Owners have granted you permission to do the work in accordance with this by-law. Yes No 4. Purpose of work: 5. Provide drawing(s), to the satisfaction of the Director, which include: (a) key map showing location of each site and nearest major intersections; (b) plan showing the property boundaries, area in hectares or acres, abutting properties, nearest roads, an approximate scale and north arrow; (c) use of property and each abutting property; (d) all buildings, structures and other property features including entrances, fences, etc.; (e) location and dimensions of utilities, structures and roads within 30m of each site's boundaries; -11- (f) tree details for 250mm calliper and lazger (measured 1.Sm above ground) and any other significant vegetation; (g) site topography and abutting property topography within 30m; (h) streams, wetlands, channels, ditches, swales or other watercourses and ponds on the site and on abutting property within 30m; (i) identification of predominant soil type of each site; (j) regulatory Flood Lines and Conservation Authority Fill Regulation lines; (k) details of proposed work including methods of minimizing impact to the lands and abutting lands. Include limits of work areas, internal haul routes, stockpile azeas, silt and erosion control measures, and final grades/changes to topography and drainage and method/type of restoration. For clarity, this may require an additional drawing; (1) a mud and dust control program for all dump and removal sites, including mud mat details, and proposed external haul routes and daily schedule for hauling; (m) a Site Alteration Plan (n) a cost estimate showing costs to install and maintain sediment and erosion control, seeding or sodding restoration costs, mud and dust control, etc.; (o) a detailed work schedule and proposed completion date; (p) names and contact numbers for contractors and subcontractors; (q) additional documentation when requested by the Director, including items such as drainage studies, pre-construction and post-construction surveys, pavement assessment reports and/or photos, additional tests and/or certifications. 6. Does the Fill contain any material other than clean fill/topsoil? Volume of earth to be moved in cubic metres (m3): *If answer Yes, provide written certification from a Professional Engineer, in a form acceptable to the Director, outlining a list of the fill contents and certifying that such material is not contaminated within the definition outlined in the Environmental Protection Act, RS.O. 1990, C.E.19 and provide, when requested, a certificate from the Ministry of the Environment for such proposed work. Notwithstanding such certifications and certificates, the Director may amend, limit or fully reject such applications where deemed to significantly impact the Municipality. Is the work in advance prepazation for a development project? (If so, provide additional information) 8. 9. 10. 11 Proposed Start Date: Completion Date: Yes / No Yes / No Fees: Less than 250 m3 of FiII: Application Fee Permit Fee $100 $250 (incl. Application Fee) More than 250 m3 of Fill: Extension of Permit: Securities: Cost estimate of all works Road or other damage deposit Total security/Letter of Credit Application Fee Permit Fee plus surcharge $25 per 1000 m3 $100 $500 (incl. Application Fee) $100 -12- Acknowledgement and Declaration 1. That this application and al! studies submitted in support of this application may be made available for public review, pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. 2. That personal information on this form will be used to determine compliance with Municipality of CJarington Site Alteration By-law No. 2008-XXX. 3. To comply and, where applicable, cause others to comply with the provisions of this permit including all sections of the Municipality's Site Alteration By-law. 4. To instal! and maintain proper sediment and erosion control at all times. 5. To obtain all other permits necessary to carry out the work described on this permit. 6. That the issuance of a permit by the Director shall in no way constitute approval or supervision of the work being undertaken, material being transported or removed/deposited, methods being used or resulting impacts, in whole or in part, nor shall it relieve the Applicant or Owner(s) of obligations to meet all requirements set out in this by-law, and all otherlaws, regulations, by-laws, agreements, approvals and permits. 7. That securities posted to the Municipality shall be maintained in good standing and shall not be cancelled without the written consent of the Director, and that the Municipality shall be entitled to draw on any or a!1 of the securities to pay out or recover costs to ensure compliance with all conditions of this Permit, in addition to a 30% administration/management fee and legal costs, where applicable. 8. To hereby forever release and indemnify and save harmless the Municipality, its employees, representatives, agents and contractors, from and against al! claims, demands, damages, causes of action, costs, expenses and other liabilities of any nature, which may arise through the issuance of this Permit. I~ , of ,solemnly declare that all statements contained in this application and supporting documentation are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. I also agree to allow the Municipality of Clarington, its employees and agents to enter upon the subject lands to assess, inspect, conduct surveys and investigations relating to this permit application. I further declare that I have read and fully understand the provisions contained in the acknowledgement section above and agree to comply with all of them. Sig nature Date FOR OFFICE USE ONLY DATE REVIEWED: TREE PRESERVATION GRADING PLAN-P.ENG CERTIFICATION RECLEAN FILL-P.ENG EROSION AND SEDIMENT CONTROL/PLAN-P.ENG MUD/DUST CONTROL PROGRAM HAUL ROUTE/PAVEMENT ASSESSMENT FINANCIAL SECURITY AMOUNT APPLICATION FEE AMOUNT/PAID PERMIT FEE AMOUNT/PAID INSURANCE Needed Acceptable N.A. Permit Approval Date: Permit Expiry Date: (90 days) Permit Approved by: The Director shall determine all supporting documentation required to form part of any Application. Such requirements may include drainage studies, pavement assessment reports, site topography information, silt and erosion control plans and details, cost estimates, schedules, preconstruction and post construction surveys, certifications, photos and/or tests. The Director shall have the sole discretion of determining the acceptability of any of these requirements.