The URL can be used to link to this page

Home My WebLink About09/08/2008 qfJ!i!lgron GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: September 8, 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 July 7,2008 401 5. PRESENTATIONS There are no presentations 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) 601 (a) Mandy Baker, Regarding Driveway at Her Residence (b) Jaison Gibson, Regarding Constructive Forgiveness with Regards to Social Concerns (c) Robert Hann, Regarding Report PSD-087-08 (d) Beth Kelly, Regarding Report PSD-087-08 (e) Jay Summers, Regarding Report PSD-088-08 (f) Kelvin Whalen, Kaitlin Group, Regarding Report PSD-091-08 (g) Kevin Taylor, Regarding Report PSD-091-08 (h) Reid Allin, Regarding Report PSD-091-08 (i) Richard Ward, Regarding Taxes and Property Standards CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TIOMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - September 8, 2008 7. PUBLIC MEETINGS (a) Proposal by the Municipality of Clarington to Amend the Bowmanville 701 Community Improvement Plan Applicant: Municipality of Clarington Report: PSD-085-08 (b) Application to Amend the Zoning By-Law 84-63 703 Applicant: 668390 Ontario Limited Report: PSD-086-08 (c) Application to Amend the Zoning By-Law 84-63 705 Applicant: Edward Whiting c/o Shoppers Realty Inc. Report: PSD-087-08 8. PLANNING SERVICES DEPARTMENT (a) PSD-085-08 Bowmanville Community Improvement Plan Amendment 801 (b) PSD-086-08 Rezoning Application to Permit Three (3) Temporary Sales 810 Trailers and Associated Parking Lot for a Maximum of Three (3) Years Applicant: 668390 Ontario Ltd. (Kaitlin Group) (c) PSD-087-08 Rezoning Application to Permit a Shoppers Drug Mart and 819 Second Storey Office Space Applicant: Edward Whiting (c/o Shoppers Realty Inc.) (d) PSD-088-08 Minor Variance to Sign By-Law 97-157 833 Applicant: Tim Hortons, Newcastle (e) PSD-089-08 Guidelines for Noise Attenuation Along Arterial Roads 840 (f) PSD-090-08 Monitoring of the Decisions of the Committee of 856 Adjustment for the Meetings of July 24th, August ih and August 21St, 2008 (g) PSD-091-08 Applications for Clarington Official Plan Amendment, 868 Proposed Draft Plan of Subdivision and Rezoning to Permit a Mixed Residential Development in Port Darlington Proponent: Port Darlington Land Corporation G.P. & A. Agenda - 3 - September 8, 2008 (h) PSD-092-08 Report for Information Regarding Appeal of Official Plan Amendment, Proposed Plan of Subdivisions, and Zoning By-Law Amendments Applicant: Brookfield Homes (Ontario) Limited, Smooth Run Developments Inc., West Diamond Properties Inc. and Players Business Park Limited ENGINEERING SERVICES DEPARTMENT 890 9. (a) EGD-036-08 Monthly Report on Building Permit Activity for June, 2008 901 (b) EGD-037-08 Monthly Report on Building Permit Activity for July, 2008 907 (c) EGD-038-08 Proposal to Convey a Closed Road Allowance Situated 913 Between Lot 28 and 29, Concession 3 Former Township of Clarke 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-012-08 Monthly Response Report - June, July and August 2008 1101 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-023-08 Amendment to Parks By-Law 2006-126 1301 (b) CLD-024-08 Animal Services Quarterly Report - April to June 2008 1305 14. CORPORATE SERVICES DEPARTMENT (a) COD-051-08 Tender Awards Summer Council Breaks 1401 15. FINANCE DEPARTMENT (a) FND-016-08 Financial Update as at June 30, 2008 1501 (b) FND-017-08 2009 Budget Schedule 1507 (c) FND-018-08 Creating Jobs, Building Ontario Funding 1510 G.P. & A. Agenda - 4 - 16. CHIEF ADMINISTRATIVE OFFICE No Reports 17. UNFINISHED BUSINESS 18. OTHER BUSINESS 19. COMMUNICATIONS (a) Appointment To The Energy From Waste Site Liaison Committee (applications to be distributed under separate cover) 20. ADJOURNMENT September 8, 2008 1901 FINAL LIST OF DELEGATIONS GPA Meeting: September 8,2008 (a) Mandy Baker, Regarding Driveway at Her Residence (b) Jaison Gibson, Regarding Constructive Forgiveness with Regards to Social Concerns (c) Jay Summers, Regarding Report PSD-088-08 (d) Kelvin Whalen, Kaitlin Group, Regarding Report PSD-091-08 (e) Kevin Taylor, Regarding Report PSD-091-08 (f) Reid Allin, Regarding Report PSD-091-08 (g) Richard Ward, Regarding Taxes and Property Standards ~~ocmgron General Purpose and Administration Committee Minutes July 7,2008 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, July 7,2008 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 G. Robinson Councillor C. Trim Councillor W. Woo Councillor M. Novak Chief Administrative Officer, F. Wu Deputy Fire Chief, Emergency Services, M. Berney Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Recreation Services Manager, Community Services, S. Meredith Director of Finance, N. Taylor Deputy Clerk, A. Greentree Clerk II, E. Atkinson Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Hooper thanked staff and the citizens of Clarington for all the help with the celebration of Bowmanville's 150th Anniversary. He informed the Committee the weekend was a great success, and apologized for any oversights the Committee may have made. The parade was a huge success, and the turn out for the church service superseded their expectation. 401 General Purpose and Administration Committee Minutes July 7,2008 MINUTES Resolution #GPA-41 0-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on June 16, 2008, be approved. CARRIED PRESENTATIONS Robert Mongiat, Project Manager, Hydro One addressed the Committee regarding Report PSD-010-08. Mr. Mongiat informed the Committee of the preferred site for the transformer station as well as the alternate sites. He described the typical transformer station and stated the proposed transformer station will be similar, and will have two transformers and eight feeder lines. He described for the Committee the planning and approval process. The planning process was done under the Class Environmental Assessment for Minor Transmission Facilities. He outlined the public and agency consultation process since December 2006, including community meetings, dates of the public information centres, newspaper advertisements, and flyers delivered to homes. Mr. Mongiat provided the Committee with the following key milestones: . June - Confirmed Preferred Transformer Site 1 C, 3rd public information centre, Environmental Study Report for 60 day review . August - expect Class EA approval · Fall 2008 - execute access road options and agreements · Spring 2009 - Site Plan Approval, begin construction . Winter 2009 - Building Permits · Spring 2010 - Station to be in service DELEGATIONS Richard Ward addressed the Committee regarding his past delegations and the results. Mr. Ward expressed concerns over the lack of understanding from Council and would like to see something done with his requests other than being received for information. Mr. Ward requested that Council ask the Durham Regional Police to relinquish authority to undertake a criminal investigation outside of DRPS. Linda Gasser addressed the Committee regarding EFW Health and Environmental Monitoring. Ms. Gasser expressed concerns whether the Joint Waste Management Group has the expertise to evaluate and direct the Project Team with regards to matters pertaining to human health. She would like to see anything pertaining to human health matters be a joint effort with the Medical Officer of Health and Health & Social Services Committee. She expressed concerns over Dr. Chris Olsen's focus on the environmental side of issues and not human health. Ms. Gasser stated that agriculture - 2 - 402 General Purpose and Administration Committee Minutes July 7,2008 is one of Clarington's primary industries and access to local grown food is important, thus, she would like to see expert agencies or Dr. Lesbia Smith who's primary mandate is human health be consulted. Ms. Gasser had the impression that Dr. Olson would meet over the summer with the Medical Officer of Health and staff to develop a monitoring framework for review. She requested that Council ensure that if the Region does not commit to an independent expert peer review, Clarington should do their own independent peer review with the funds being made available through the current Peer Review Budget or through Host Community Agreement negotiations. She would like to see Council put the Region on notice that Clarington Council will do their due diligence with regards to this matter. Libby Racanksy addressed the Committee regarding Report PSD-010-08. Ms. Racnasky thanked the consultants and the proponent for listening to the people and addressing their concerns. She would like to see Hydro One participate in a rehabilitation of the endangered species that used to live in the area. She believes only a few bushes would need to be planted in the area to encourage nesting and perching. Ms. Racansky extended the invitation to have a member of the proponent's staff attend the next meeting of the Friends of the Farewell. She requested that Council consider participating in the protection of the environment within the Black-Farewell. Sandra Wedlock addressed the Committee regarding Report PSD-016-08. Ms. Wedlock's concerns are with safety, maintenance and the quality of life for the area. The proposed parking lot may put the citizens in danger when they try to cross the road to access the park. She believes the construction of the parking lot could possibly lead to an increase in noise, and illegal activity. It is not a good use of the land. Krista Barr, Barr's Development, addressed the Committee regarding Report PSD-016-08. Ms. Barr informed the Committee that approximately 29 months ago Barr's Development started the process of developing 10 acres in Bond Head. They intended to develop a small subdivision as well as build their own home on the land. She was upset to hear that on June 23, 2008, the Municipality of Clarington would be extracting 1125 m2 of the land for a future parking lot. She informed the Committee they were prepared to fulfill the parkland dedication with a complete cash-in-lieu option, and this never seemed to be an issue for either party. They were never informed the Municipality of Clarington would require additional parking lots. She has concerns that the proposed parking lot will encourage vandals, illegal activities and foster an unsafe environment to raise families. She has concerns the parking lot and a chain link fence would reduce the value of the surrounding properties. Ms. Barr objects to the recommendations contained in Report PSD-016-08. Dan Strike addressed the Committee regarding Report PSD-016-08. Mr. Strike stated the existing park is relatively small, no future expansion is planned for the park, and therefore a parking lot is not required at this time. He would like to see the Municipality of Clarington use the lands which they already own to build a parking lot in the future if and when one is required. Additionally, Mr. Strike believes the chain link fence, item 16 - 3 - 403 General Purpose and Administration Committee Minutes July 7,2008 of Condition of Draft Approval, would detract from the area. He would like to see this application move forward and not be referred back to staff. Arthur Wynn addressed the Committee regarding Report PSD-016-08. Mr. Wynn informed the Committee he has been a resident in the area for over 10 years and has not seen an increase in the use of the park. He is not in objection to the development, but he feels the best land to be used for a parking lot would be the lands that are already owned by the Municipality just east of the park. Using these lands would provide a large enough parking lot and the vehicles would be in close proximity to the picnic area which eliminates any safety concerns. Glenn Genge, G.D. Biddle & Associates, addressed the Committee regarding Report PSD-011 -08. The applicant requested the amending application for the proposed area to allow for better flexibility to attract other commercial uses. He informed the Committee the open space land may be used for a fitness trail or provide an area for wedding photographs. He requested that the maximum term in which the hotel must be constructed be extended to ten years rather than six years. His client is anxious to proceed. Beth Kelly, Valiant Property Management addressed the Committee regarding Report PSD-011-08. Ms. Kelly stated she has an issue with a financial institution being approved and requested that the Commercial Policy Review also apply to the Bowmanville West Town Centre. They would like to have a Credit Union on their site. Glenn Genge, G.D. Biddle & Associates, addressed the Committee regarding Report PSD-081-08. He informed the Committee his client is in agreement with the recommendations contained in Report PSD-081-08, and he is available to answer any questions or address any concerns. The Committee had no questions or concerns with regards to Report PSD-081-08. Libby Racansky addressed the Committee regarding Regional Growth Durham. Ms. Racansky asked the Committee to request the Region to delete the expansion of urban boundary at this time and to designate lands along the Tooley Creek as open space. She informed the Committee there appears to be enough land in Bowmanville and Courtice to support urban growth within the existing urban boundary without having to develop this area of land. She expressed concerns that a water study may not be done and does not want to see the outcome with this watershed to be the same as the Farewell Creek in 1995. She does not feel this development will benefit the area. Libby Racanksy addressed the Committee regarding the Technically Preferred 401 Route. She reported that deposits (983 ppm) of lead from the GM Battery Plant are on the lands through which the preferred route passes. Ms. Racanksy requested that the site be cleaned up prior to highway construction. She stated that there was no Provincial policy for well interference similar to the Region policy. She requested that Council have the Province monitor the impact on the local wells and restore them if there were to be any impact on the water table due to, or after, the construction. -4- 404 General Purpose and Administration Committee Minutes July 7, 2008 Joanne McQuaid, Phoenix Transportation addressed the Committee regarding a zoning infraction notice. Ms. McQuaid requested the Committee grant a one year extension to allow the owner of Phoenix Transportation time to find a suitable location to move the business. Councillor Foster chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Notice of Highway Closing, Road Allowances Situated in Lots 3, 4 and 5 and Located Between Broken Front Concession A and Broken Front Concession B in the Former Township of Clarke Municipality of Clarington EGD-031-08 Applicant: Report: No one spoke in opposition to or support of Report EGD-031-08. Resolution #GPA-411-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the Committee recess for 5 minutes. CARRIED The meeting resumed at 11: 1 0 a.m. Mayor Abernethy chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 12,2008 Resolution #GPA-412-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-069-08 be received; and THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on June 12, 2008 for application A2008-0019 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 - 5 - 405 General Purpose and Administration Committee Minutes July 7,2008 ENFIELD TRANSFORMER STATION - CLASS ENVIRONMENTAL ASSESSMENT NOTICE OF COMPLETION Resolution #GP A-413-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-010-08 be received; THAT Hydro One be thanked for their presentation to Council and their work in resolving the issues brought forward by the residents prior to finalizing the Notice of Completion for the Environmental Study Report; THAT Hydro One and the Ministry of the Environment be forwarded a copy of Report PSD-010-08; and THAT all interested parties listed in Report PSD-010-08 and any delegation be advised of Council's decision. CARRIED APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: PRESTONV ALE HEIGHTS LIMITED Resolution #GPA-414-08 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-011-08 be received; THAT the application submitted by Prestonvale Heights Limited, to remove the "Holding (H)" symbol, be approved and that the By-law attached to Report PSD-011-08 to remove the "Holding (H)" symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT the applicant, Region of Durham, Municipal Property Assessment Corporation (MPAC), and all interested parties listed in Report PSD-011-08, and any delegations be advised of Council's decision. CARRIED - 6 - 406 General Purpose and Administration Committee Minutes July 7, 2008 GO RAIL SERVICE EXTENSION TO BOWMANVILLE FEASIBILITY STUDY Resolution #GP A-415-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-012-08 be received; THAT Council adopt the following resolution: WHEREAS the Municipality of Clarington Official Plan supports transit- oriented development and has designated the Bowmanville West Town Centre Area as the concentration of high density and commercial development on the premise of the development of the GO Station; WHEREAS the expansion of the Darlington Station, the Clarington Energy Park, future transit facilities in association with the proposed 401-401 link reinforces the need for a GO Train Station in Courtice reflecting Clarington's Official Plan; WHEREAS these transit-oriented planning policies of the Municipality of Clarington are also reflected in the Regional Official Plan; WHEREAS the transit-oriented policies and land use designations of the Municipality's Official Plan for the lands adjacent and in close proximity to the proposed GO Station implement the policies of the Places to Grow Plan as well as the principles of the Green papers released by Metrolinx in preparation of the Regional Transportation Plan; WHEREAS the Bowmanville GO Station will become the gateway to areas east of the GT A to include Peterborough, Lindsay, Cobourg, Port Hope and beyond; WHEREAS the extension of GO rail service to Bowmanville is one of the early priorities of Provincial Government as reflected in the 2020 Move Ontario plan: - 7 - 407 General Purpose and Administration Committee Minutes July 7, 2008 THEREFORE BE IT RESOLVED THAT the Boards of Directors for GO Transit and Metrolinx be urged to: 1. Select and fund an alignment for the extension of GO rail service into Bowmanville that utilizes the CPR rail corridor to support the current transit-supportive land use plans reflecting the principles of a mobility hubs, builds on the existing infrastructure and development of the Bowmanville West Town Centre and utilizes the lands previously acquired by GO Transit; and 2. Make provision for a GO rail station in Courtice that can serve the Darlington Generating Station, the Clarington Energy Business Park and other industrial lands in Courtice with consideration for coordinating with the future transit infrastructure in the 401 East Durham link; and THAT a copy of this resolution be forwarded to the Board of Directors for GO Transit, the Board of Directors for Metrolinx, the Regional Municipality of Durham, and all constituent municipalities in the Region of Durham. CARRIED NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN IMPLEMENTATION COMMUNITY LIAISON GROUP Resolution #GPA-416-08 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-013-08 be received; THAT the Terms of Reference for the Newcastle Village Community Improvement Plan Community Liaison Group be accepted as amended to limit the Council representative's authority to sit as Chair to a maximum of three meetings; THAT Councillor Robinson be appointed as the Council Liaison; and THAT all interested parties listed for Report PSD-013-08 and any delegations be advised of Council's decision. CARRIED - 8 - 408 General Purpose and Administration Committee Minutes July 7, 2008 APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: CCCC DURHAM EAST LIMITED Resolution #GPA-41 1-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-014-08 be received; THAT the application submitted by CCCC Durham East Limited to remove the Holding (H) symbol be approved; THAT the By-law attached to Report PSD-014-08 to remove the Holding (H) symbol be passed; and THAT all interested parties listed in Report PSD-014-08 and any delegations be advised of Council's decision. CARRIED MUNICIPAL PEER REVIEW - ENVIRONMENTAL ASSESSMENT FOR NEW NUCLEAR REACTORS AT THE DARLINGTON GENERATING STATION (DARLINGTON B) Resolution #GPA-418-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-015-08 be received; THAT staff be authorized to initiate formal discussions with Ontario Power Generation with respect to the provision of peer review funding for the Darlington New Nuclear Build Project; THAT Staff be further authorized to prepare a Terms of Reference for a peer review of the Environmental Impact Statement for the Darlington New Nuclear Build Project in accordance with the scope of work outlined in Section 4.2 of Report PSD-015-08, and to issue a Request for Proposals for the undertaking of the subject peer review; and THAT a copy of Report PSD-015-08, and Council's resolution be forwarded to Ontario Power Generation, all interested parties listed in Report PSD-015-08 and any delegations. CARRIED - 9 - 409 General Purpose and Administration Committee Minutes July 7,2008 APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION, OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICANT: BARR'S DEVELOPMENTS LIMITED Resolution #GPA-419-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-016-08 be received; THAT the Clarington Official Plan be amended as shown in Attachment 3 to Report PSD-016-08, to permit a minor expansion to the Bond Head Rural Cluster as proposed by the application submitted by Barr's Developments Limited, and that the necessary by-law be passed; THAT the application for proposed draft Plan of Subdivision S-C-2006-0002 submitted by Barr's Developments Limited be approved in principle, subject to the conditions as contained in Attachment 5 to Report PSD-016-08, and that the Director of Planning Services not be authorized to issue draft approval until such time as the Darcy Street road allowance conveyance has been finalized; THAT the Zoning By-law Amendment application submitted by Barr's Developments Limited be approved, as contained in Attachment 6 to Report PSD-016-08; THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2006-0002 and the Municipality of Clarington be approved as contained in Attachment 1 to Report PSD-016-08, and forwarded to Council for approval; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-016-08 and Council's decision; and THAT all interested parties listed in Report PSD-016-08 and any delegation be advised of Council's decision. DEFERRED AS AMENDED (See following motions) - 10 - 410 General Purpose and Administration Committee Minutes July 7, 2008 Resolution #GPA-420-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the recommendations contained in Report PSD-016-08 be amended to add the following paragraph immediately before paragraph 3; THAT Condition 14 of the Conditions of Draft Approval (Attachment 5 to Report PSD-016-08) be amended to read "THAT the Owner is required to provide the appropriate cash contribution in lieu of the normal parkland dedication."; and THAT the words "as amended" be inserted immediately following "Attachment 5" in paragraph 4. CARRIED Resolution # GPA-421-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the foregoing resolution #GPA-419-08, as amended, be deferred to the next Council meeting, scheduled for July 14, 2008, to allow for staff to seek input from the Municipal Solicitor. CARRIED The foregoing resolution #GPA-419-08 was then put to a vote and deferred as amended. 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-422-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-011-08 be received; THAT Official Plan Amendment No. 54 to the Clarington Official Plan to provide a wider range of commercial uses on the lands owned by Bowmanville Creek Developments Inc. be approved as indicated in Attachment 3 to Report PSD-011-08, and that the necessary by-law be passed; THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as amended, be approved and that the by-law as contained in Attachment 4 to Report PSD-011-08 be passed; - 11 - 411 General Purpose and Administration Committee Minutes July 7,2008 THAT an exception to the Municipality's policy and practice be granted to provide for a private open space area with the valleylands provided that a hotel greater than 100 rooms is constructed on site within six years of the zoning approval; THAT prior to adopting the proposed amendments, arrangements be made to the satisfaction of the Municipality's solicitor for the transfer of the private open space to the Municipality after six years if a hotel is not constructed; THAT a copy of Report PSD-011 -08 and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-011 -08 and any delegations be advised of Council's decision. CARRIED AS AMENDED (See following motion> Resolution #GPA-423-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the draft by-law attached to Report PSD-011 -08 be amended to remove the provision for a drive-through option. MOTION LOST Resolution #GPA-424-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the six year construction period stated in paragraphs four and five of the recommendations contained in Report PSD-011 -08 be reduced to three years; THAT the following be added after paragraph 5 of the recommendations contained in Report PSD-011 -08; THAT the provision for a fitness center be removed; and THAT an appropriate by-law be passed for the Mayor and Clerk to execute an option agreement for a nominal cost. CARRIED The foregoing resolution #GPA-422-08 was then put to a vote and carried as amended. - 12 - 412 General Purpose and Administration Committee Minutes July 7,2008 APPLICATIONS FOR REMOVAL OF HOLDING SYMBOL APPLICANTS: 2117412 ONTARIO LIMITED and POINTE OF VIEW DEVELOPMENTS (STONECREEK POINTE) INC. Resolution #GPA-425-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-018-08 be received; THAT the application submitted by 2111412 Ontario Limited to remove the Holding (H) symbol be approved; THAT the application submitted by Pointe of View Developments (Stonecreek Pointe) Inc. to remove the Holding (H) symbol be approved; THAT the By-laws contained in Attachments 3 and 4 to Report PSD-018-08 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-018-08, any delegations, the Regional Municipality of Durham Planning Department and Municipal Property Assessment Corporation be advised of Council's decision. CARRIED ONTARIO HERITAGE TRUST HERITAGE COMMUNITY RECOGNITION PROGRAM NOMINEE Resolution #GPA-426-08 Moved by Councillor Trim, seconded by Councillor Woo THAT Report PSD-019-08 be received; THAT the Ontario Heritage Trust be advised that the Council of the Corporation of the Municipality of Clarington nominates William Calver for recognition under the Heritage Community Recognition Program for his significant contribution to the preservation of the cultural heritage of the Municipality of Clarington; and THAT William Calver, the Clarington Heritage Committee, and the Ontario Heritage Trust be advised of Council's decision. CARRIED -13 - 413 General Purpose and Administration Committee Minutes July 7,2008 HERITAGE DESIGNATION BY-LAW AMENDMENT 19 KING STREET EAST, BOWMANVILLE Resolution #GPA-421-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-080-08 be received; THAT the Clerk be authorized to prepare the required Notice of Intention to amend the heritage designation to delete the existing panelled door of 19 King Street East, Bowmanville from the designated features contained in By-law 90-185, and report back to Council following the prescribed notification period; and THAT the Ontario Heritage Trust, the Clarington Heritage Committee, the property owner and the interested parties listed in Report PSD-080-08 be advised of Council's decision. CARRIED STEPHENSON PROPOSED PLAN OF SUBDIVISION APPLICANT: PATRICIA STEPHENSON Resolution #GPA-428-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-081-08 be received; THAT the application for Draft Approval of the proposed Plan of Subdivision submitted by Patricia Stephenson be approved as contained in Attachment 2 to Report PSD-081-08, subject to the Conditions of Draft Approval, contained in Attachment 3 to Report PSD-081-08; THAT the application for Zoning By-law Amendment, submitted by Patricia Stephenson, be approved as contained in Attachment 4 to Report PSD-081-08; THAT the Mayor and Clerk be authorized by By-law to enter into an Agreement with the Owners and the By-law be forwarded to Council at such time the Owners are prepared to proceed with this development; THAT a copy of Report PSD-081-08 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation; and THAT all interested parties listed in Report PSD-081-08 and any delegations be advised of Council's decision. CARRIED - 14 - 414 General Purpose and Administration Committee Minutes July 7,2008 CONFIDENTIAL REPORT REGARDING A PROPERTY MATTER PSD-083-08 CONFIDENTIAL VERBAL REPORT REGARDING A PROPERTY MATTER Resolution #GPA-429-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Confidential Report PSD-083-08 and the Verbal Confidential Report from the Director of Planning Services be referred to the end of the Agenda to be considered in a "closed" session. CARRIED Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT PROPOSAL TO CONVEY UNOPEN ROAD ALLOWANCES SITUATED IN LOTS 3, 4 AND 5, BETWEEN BROKEN FRONT CONCESSION A AND BROKEN FRONT CONCESSION B, FORMER TOWNSHIP OF CLARKE Resolution #GPA-430-08 Moved by Councillor Robinson, seconded by CouncillorTrim THAT Report EGD-031-08 be received; THAT the road allowances situated in Lots 3, 4 and 5, between Broken Front Concession A and Broken Front Concession B, further identified as Part 8 on Registered Plan 1 OR-619 and Parts 10 and 12 on Registered Plan 10R-681 be closed and declared surplus and that the road allowances be conveyed to Cameco Corporation; THAT the applicant's pay the appraised land value of $18,000.00 as well as all legal and other financial costs associated with the transaction; THAT Council pass the necessary by-laws to implement the recommendations of Report EGD-031-08; and THAT Cameco Corporation be advised of Council's decision. CARRIED - 15 - 415 General Purpose and Administration Committee Minutes July 7, 2008 AMENDING AGREEMENT OF UNDERSTANDING FOR NORTHGLEN WEST SUBDIVISION - BA YSONG DEVELOPMENTS INC. Resolution #GPA-431-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report EGD-032-08 be received; THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the Amending Agreement of Understanding with Baysong Developments Inc. for the grading works and the erosion and sedimentation control works on the draft approved Northglen West Subdivision; THAT Council approve the by-law attached to Report EGD-032-08 to confirm its decision to enter into the Amending Agreement of Understanding with Baysong Developments Inc.; and THAT Baysong Developments Inc. be notified of Council's decision and that the Amending Agreement of Understanding be forwarded to them for execution once it has been drafted to the satisfaction of the Director of Engineering Services and the Municipality's Solicitor. CARRIED ROUNDABOUT EDUCATION PROGRAM Stepehn Sargeant, TSH, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-033-08. Resolution #GPA-432-08 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report EGD-033-08 be received for information. CARRIED - 16 - 416 General Purpose and Administration Committee Minutes July 7, 2008 MEARNS AVENUE RECONSTRUCTION CANADIAN PACIFIC RAILWAY COMPANY AGREEMENT Resolution #GPA-433-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report EGD-034-08 be received; THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the Agreement with Canadian Pacific Railway Company for the purpose to widen Mearns Avenue through the crossing at grade across the railway at Millage 162.92, Belleville Subdivision; THAT Council approve the by-law attached to Report EGD-034-08, to confirm its decision to enter into the Agreement with Canadian Pacific Railway Company; THAT Canadian Pacific Railway Company be notified of Council's decision and that the Agreement be forwarded to them for execution; and THAT the Engineering Department proceed with the installation of the drop arms by Canadian Pacific Railway Company as approved through the capital budget and pursue cost sharing possibilities with Transport Canada and Canadian Pacific Rail. . CARRIED 2008 MUNICIPAL ROAD AND BRIDGE INFRASTRUCTURE PROJECTS Resolution #GPA-434-08 Moved by Councillor Trim, seconded by Councillor Woo THAT Report EGD-035-08 be received; THAT the works listed in the 2008 Municipal Road and Bridge Infrastructure Projects list contained in Report EGD-035-08 be endorsed as the Municipality's highest priority projects in accordance with the 2008 Municipal Road and Bridge Infrastructure Investment eligibility criteria; THAT Report EGD-035-08 be forwarded to the Ontario Ministry of Transportation; and THAT the Engineering Services Department proceed to tender and construct the road improvement works in the fall of 2008. CARRIED - 17 - 417 General Purpose and Administration Committee Minutes July 7, 2008 OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Resolution #GPA-435-08 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT the Committee recess for 40 minutes. CARRIED The meeting resumed at 1 :40 p.m. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT RESIDENTIAL SPRINKLERS - CORRESPONDENCE FROM CITY OF MISSISSAUGA Resolution #GPA-436-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report ESD-011-08 is received for information; and THAT the resolution passed by the City of Mississauga, with respect to residential fire sprinklers, be received by Council. CARRIED Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT DISSOLUTION OF TOTAL HOCKEY Resolution #GPA-431-08 Moved by Mayor Abernethy, seconded by Councillor Trim THAT Report CSD-016-08 be received and approved; THAT a Request for Proposal be issued for the sale of the Total Hockey Transferred Assets and Total Hockey trademark; - 18 - 418 General Purpose and Administration Committee Minutes July 7, 2008 THAT the Total Hockey Loaned Assets be offered to Brian McFarlane in return for a release and indemnity agreement satisfactory to the Municipality's Solicitor and a search for the lawful owner of Total Hockey Loaned Assets be undertaken if Brian McFarlane is unwilling to accept the return of the Loaned Assets on these terms; THAT assets acquired (purchased or donated) by the Municipality of Clarington for the "Local Heroes of Hockey" display be retained by the Municipality for display in Clarington; and THAT any revenue received from the sale of Total Hockey assets be deposited into the Community Services Refurbish Reserve Fund Account #560-00-000-00000-6160. CARRIED GRANT REQUEST-EVENT TO ASSIST PEOPLE DISPLACED BY BOWMANVILLE FIRE Resolution #GPA-438-08 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report CSD-011-08 be received; THAT Council consider the request for funding from Ms. Joan Winters under the Municipal Grant Program; and THAT Ms. Joan Winter be advised of Council's decision. MOTION LOST (See following motion) Resolution #GPA-439-08 Moved by Mayor Abernethy, seconded by Councillor Foster THAT the foregoing resolution be amended to replace the second paragraph with the following paragraph: "THAT the Ms. Joan Winter be approved for a grant in the amount of $638.91 plus $31.63 GST;" CARRIED The foregoing resolution GPA-438-08 was then put to a vote and the motion was lost. - 19 . 419 General Purpose and Administration Committee Minutes July 7,2008 Resolution #GPA-440-08 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report CSD-011-08 be received; and THAT Ms. Joan Winter be advised of Council's decision. CARRIED GRADE 5 ACTION PASS Resolution #GPA-441-08 Moved by Councillor Foster, seconded by Councillor Woo THAT Report CSD-018-08 be received for information. CARRIED NEWCASTLE & DISTRICT RECREATION COMPLEX - FACILITY UPDATE Resolution #GPA-442-08 Moved by Councillor Trim, seconded by Councillor Woo THAT Report CSD-019-08 be received for information. CARRIED GRANT REQUEST - PARTICIPATION HOUSE PROJECT Resolution #GPA-443-08 Moved by Councillor Foster, seconded by Councillor Woo THAT Report CSD-020-08 be received; THAT the request of Participation House Project for funding through the Municipal Grant Program be denied, as the request does not meet the criteria of the Municipal Grant Program; and THAT Gabriele Albrecht, Director of Residential Services, Participation House, be advised of Council's decision. CARRIED - 20 - 420 General Purpose and Administration Committee Minutes July 7, 2008 Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT APPOINTMENT OF OFFICER Resolution #GPA-444-08 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report CLD-021-08 be received; THAT the by-law attached to Report CLD-021-08 be forwarded to Council for approval; and THAT Mr. Davi Sinde be advised of Council's actions. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT RFP2008-2 - GARNET B. RICKARD RECREATION COMPLEX - LEASE SPACE Resolution #GPA-445-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-039-08 be received; THAT the Community Care Durham proposal be accepted for the leasing of the space available at Garnet B. Rickard Recreation Complex for a five year term with the option to renew for a further 5 years pending satisfactory terms for both sides; THAT the Evaluation Committee be authorized to proceed with negotiations for a lease agreement with Community Care Durham on behalf of the Municipality of Clarington to the satisfaction of the Municipality; THAT the requested funds be drawn from the General Municipal Reserve Fund and paid back over the five year lease term on a payment schedule established by the Municipality's Finance Department; THAT the Evaluation Committee be authorized to negotiate with Denrain as the alternate proponent should negotiations with Community Care Durham fail to produce an acceptable lease agreement; - 21 - 421 General Purpose and Administration Committee Minutes July 7,2008 THAT the attached By-law marked Schedule "C", to Report COD-039-08, be approved authorizing the Mayor and the Clerk to execute the lease agreement which is satisfactory to the Municipal's Solicitor; and THAT Staff report back to Council on the results of the negotiations with the successful candidate. CARRIED PURCHASE OF A PRE-BUILT PUMPER Resolution #GPA-446-08 Moved by Councillor Woo, seconded by Councillor Robinson THAT Report COD-041-08 be received; THAT Fort Garry Fire Trucks Ltd, Winnipeg, Manitoba with a total bid in the amount of $306,106.00 (Plus GST) being the lowest responsible bidder providing a unit meeting terms, conditions and specifications of the Emergency and Fire Services Department be awarded the contract for the supply and delivery of a 2008 Model 1250 GPM Pumper as required by the Emergency and Fire Services Department; THAT the required funds be drawn from the Fire and Emergency Services Department 2008 Capital Account # 110-28-388-82812-1401; and THAT the Manager of Purchasing be authorized to negotiate the acquisition and place orders for additional ancillary equipment needed to equip the truck ready for service and that the required funds be drawn from the Emergency and Fire Services 2008 Capital Account # 110-28-388-82812-1401. CARRIED TENDER CL2008-23, HIGH FLOAT RESURFACING Resolution #GPA-441-08 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report COD-042-08 be received; THAT Miller Paving Limited, Gormley, Ontario, with a total bid price of $515,865.15 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2008-23, be awarded the contract for the High Float Resurfacing; THAT the required funds be drawn from the Department of Operations, 2008 Current Budget Surface Treatment Account #100-36-381-10210-1163; - 22 - 422 General Purpose and Administration Committee Minutes July 7,2008 THAT the additional expenditure for Road Stabilization in the amount of $6,500.00 be approved; and THAT the balance of the funds be used as needed for a contingency for the 2008 High Float Program with any remaining amount being carried forward to the 2009 program. CARRIED CO-OPERATIVE TENDER CL2008-17, TRAFFIC SIGN REQUIREMENTS Resolution #GPA-448-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report COD-044-08 be received; THAT Owl-lite Rentals & Sales, Toronto, Ontario, with a total bid price of $29,594.32 (excluding G.S.T.), being the lowest responsible bidder for Year 1, meeting all terms, conditions and specifications of Tender CL2008-11, be awarded Section Part A - Traffic Signs for the Municipality of Clarington's traffic signs requirements; THAT, Section Part B - Posts and Hardware be re-tendered as the hardware product specifications were inadequate and the vendors quoted on a wide range of products which do not meet the Operations Department requirements; THAT, Sections Part C, Part D, Part E, Part F are not required for the Municipality of Clarington's traffic sign requirements; THAT the contract be extended for a second year and third year, pending satisfactory service and acceptable pricing; and THAT the funds expended be drawn from the Department of Operations, 2008 current budget Traffic Sign account 100-36-384-10315-1112. CARRIED SUPPLIER INFORMATION NIGHT Resolution #GPA-449-08 Moved by Councillor Hooper, seconded by Councillor Trim THAT Report COD-045-08 be received; and THAT future Supplier Information Nights be scheduled and presented at least once during each term of Council. CARRIED - 23 - 423 General Purpose and Administration Committee Minutes July 7,2008 CL2008-6, CONSTRUCTION OF KNOX NEIGHBOURHOOD PARK Resolution #GPA-450-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-046-08 be received; THAT Rutherford Contracting Ltd, Gormley, Ontario with a total bid in the amount of $414,544.56 (Excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2008-6, be awarded the contract for the Construction of Knox Neighbourhood Park, Bowmanville, Ontario as required by the Engineering Department; THAT funds required in the amount of $443,562.00 (which includes $414,544.56 tendering and contingencies) be drawn from Engineering 2008 Capital Account #110- 32-325-83302-1401 with the budget shortfall to be financed from the Park Development and Related Facilities Development Charges Reserve Fund in the amount of $39,205.80 and from the Municipal Capital Works Reserve Fund in the amount of $4,356.20; THAT the By-law marked Schedule "An attached to Report COD-046-08 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED BOWMANVILLE TENNIS CLUB - LEASE RENEWAL Resolution #GPA-451-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report COD-041-08 be received; THAT the Manager of Purchasing be authorized to continue with the formal negotiations of a new lease agreement with Bowmanville Tennis Club, for the lease of tennis courts located at the Clarington Older Adults 26 Beech Avenue for the term of January 1, 2008 to December 31, 2010 with an option extend for up to three one year terms; THAT the Mayor and Clerk be authorized to execute the lease agreement in a form satisfactory to the Municipal Solicitor; and THAT the By-law marked Schedule "An to Report COD-04 1-08, authorizing the Mayor and the Clerk to execute the proposed Lease Agreement with the Bowmanville Tennis Club be forwarded to Council for approval. CARRIED AS AMENDED (See following motion) - 24- 424 General Purpose and Administration Committee Minutes July 7, 2008 Resolution #GPA-452-08 Moved by Councillor Trim, seconded by Councillor Foster THAT the lease term for the tennis courts be amended to "January 1,2008 to December 31, 2011 with an option to extend for up to three one year terms". CARRIED The foregoing resolution #GPA-451-08 was put to a vote and carried as amended. JOINT AGREEMENT PURCHASE - ORTHOPHOTOGRAPHY Resolution #GPA-453-08 Moved by Councillor Trim, seconded by Councillor Foster THAT Report COD-049-08 be received; THAT Council approves the purchase of Orthophotography for 2008 and 2010 from the Region of Durham for an approximate costfor 2008 and 2010 are $15,300 and $9,300 respectively plus taxes in a joint agreement with the lake front Municipalities and First Base Solutions Inc; THAT the requirements of Purchasing By-law 2006-121 be waived in this instance; and THAT the By-law marked Schedule "A" to Report COD-049-08, authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED CLARINGTON KIDS INC. COURTICE COMMUNITY COMPLEX LEASE SPACE Resolution #GPA-454-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report COD-050-08 be received; THAT the Manager of Purchasing be authorized to proceed with the formal negotiations of a new lease agreement with Clarington Kids Inc., for the lease of space in the Courtice Community Complex for the term of September 15, 2008 to September 14, 2013; THAT the Mayor and Clerk be authorized to execute the lease agreement in a form satisfactory to the Municipal Solicitor; and - 25 - 425 General Purpose and Administration Committee Minutes July 7,2008 THAT the By-law marked Schedule "A" to Report COD-050-08, authorizing the Mayor and Clerk to execute the proposed Lease Agreement with the Clarington Kids Inc. be forwarded to Council for approval. CARRIED FINANCE DEPARTMENT FINANCIAL UPDATE AS AT MARCH 31,2008 Resolution #GPA-455-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report FND-013-08 be received for information. CARRIED 2008 /2009 INSURANCE PROGRAM Resolution #GPA-456-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report FND-014-08 be received; and THAT the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an integrated pooling arrangement that includes integrated insurance coverages and common self retention deductible levels for the period July 1, 2008 to June 30, 2009 at an approximate cost to Clarington of $610,291 be confirmed. CARRIED ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUNDS FOR THE YEAR ENDED DECEMBER 31,2007 Resolution #GPA-451 -08 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report FN D-O 15-08 be received for information; and THAT a copy of Report FND-015-08 be sent to the Ministry of Municipal Affairs and Housing. CARRIED - 26 - 426 General Purpose and Administration Committee Minutes July 7,2008 CHIEF ADMINISTRATIVE OFFICE MUNICIPAL ENERGY MANAGEMENT Resolution #GPA-458-08 Moved by Councillor Hooper, seconded by Councillor Trim THAT Report CAO-006-08 be received; and THAT Council endorses the Municipal Energy Management Framework and authorize staff to proceed with an RFP process of an energy audit for each of the MAC/Library building and the Garnet B. Rickard Complex with funds to be drawn from the Municipal Government Enterprises Reserve Fund. CARRIED CONFIDENTIAL REPORT REGARDING A LEGAL MATTER Resolution #GPA-459-08 Moved by Councillor Trim, seconded by Councillor Woo THAT Confidential Report CAO-Q01 -08 from the Chief Administrative Office be referred to the end of the agenda to be considered in a "closed" session. CARRIED PHYSICIAN RECRUITMENT Resolution #GPA-460-08 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report CAO-008-08 be received; THAT Council authorize a further four year commitment to the Physician Recruitment Committee of the Clarington Board of Trade on the basis of funding four new doctors per year consistent with the current arrangements of $30,000 for each new doctor recru ited; THAT the transfer of funds to the Board in the amount of $30,000 per each new doctor recruited will be made upon the Board providing to the Director of Finance a copy of the contract with the new doctor; - 27 - 427 General Purpose and Administration Committee Minutes July 7,2008 THAT the funding arrangements be approved based on a transitional phasing onto the tax levy over the four years whereby in 2009 one doctor is funded from the tax levy and three are funded from the Impact/Escrow Reserve Fund, in 2010 two doctors be funded from the tax levy and two from the Impact/Escrow Reserve Fund, in 2011 three doctors be funded from the tax levy and one from the Impact/Escrow Reserve Fund, and in 2012 four doctors be funded from the tax levy; and THAT Mr. Michael Patrick and the Physician Recruitment Committee of the Clarington Board of Trade be thanked for their successful efforts and commitment to recruit physicians to Clarington and be advised of Council's decision. CARRIED FLAG RAISING POLICY Resolution #GPA-461-08 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report CAO-009-08 be received; THAT Council approves the amended Flag Raising Policy as per Attachment No.1 to Report CAO-009-08. CARRIED AS AMENDED (See following motion> Resolution #GPA-462-08 Moved by Councillor Trim, seconded by Councillor Foster THAT the Flag Raising Policy contained in Report CAO-009-08 be amended to add the requirement that all requests shall be in writing and signed. CARRIED The foregoing resolution #GPA-460-08 was then put to a vote and carried as amended. UNFINISHED BUSINESS DELEGATION - RICHARD WARD- PAST DELEGATIONS Resolution # GPA-463-08 Moved by Councillor Foster, seconded by Councillor Woo THAT the delegation of Mr. Richard Ward be received. CARRIED - 28 - 428 General Purpose and Administration Committee Minutes July 7, 2008 DELEGATION - LINDA GASSER - REGARDING EFW HEALTH AND ENVIRONMENTAL MONITORING Resolution #GPA-464-08 Moved by Councillor Trim, seconded by Councillor Foster THAT the delegation of Ms. Linda Gasser be received with thanks. CARRIED DELEGATION - LIBBY RACANSKY - REGARDING REGIONAL GROWTH DURHAM & TECHNICALLY PREFERRED 407 ROUTE Resolution #GPA-465-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the delegation of Ms. Libby Racansky be received with thanks; and THAT Ms. Racansky be encouraged to forward her comments regarding the technically preferred 401 route to the Ministry of Transportation. CARRIED DELEGATION - JOANNE MCQUAID - REGARDING A ZONING INFRACTION Resolution #GPA-466-08 Moved by Councillor Trim, seconded by Councillor Woo THAT the delegation of Joanne McQuaid on behalf of Archie Groth, Phoenix Transportation, be referred to the Municipal Clerk's Department, for preparation of a report detailing the history of this matter for Council's consideration at the meeting of July 14, 2008. CARRIED OTHER BUSINESS HEAD OF COUNCIL Resolution #GPA-461-08 Moved by Councillor Woo, seconded by Councillor Hooper WHEREAS By-law 2006-211, appointing an acting Head of Council to act in the place of the Head of Council was passed on December 18, 2006; - 29 - 429 General Purpose and Administration Committee Minutes July 7,2008 AND WHEREAS By-law 2006-211 appoints Councillor Charlie Trim and Councillor Mary Novak as acting Head of Council on a rotating basis; AND WHEREAS there may be occasions when both the Head of Council and the acting Head of Council are absent from the Municipality at the same time; NOW THEREFORE BE IT RESOLVED THAT Councillor Charlie Trim be appointed in the role of acting Head of Council in those instances when Councillor Novak and the Head of Council is absent from the Municipality during the period December 1, 2001 to November 30, 2008 and December 1, 2009 to November 30, 2010; THAT Councillor Mary Novak be appointed in the role of acting Head of Council in those instances when Councillor Trim and the Head of Council is absent from the Municipality during the period December 1, 2008 to November 30, 2009; and THAT the appropriate by-law be forwarded to Council for passage. CARRIED Councillor Foster informed the Committee that the City of Ottawa has signed a deal with Plasco with regards to an incinerator for the City of Ottawa. He feels we should be able to get a better understanding of the costs and effects from this incinerator. COMMUNICATIONS There were no communication items to be considered. Resolution #GPA-468-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the meeting be "closed" to allow for consideration of Confidential Report PSD-083-08 regarding a property matter, a confidential verbal report from the Director of Planning Services regarding a property matter, and Confidential Report CAD-001 -08 regarding a legal matter. CARRIED The meeting resumed in "open" session at 4:25 p.m. - 30 - 430 General Purpose and Administration Committee Minutes July 7,2008 CONFIDENTIAL REPORT PSD-083-08 - PROPERTY MATTER Resolution #GPA-469-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the recommendations contained in the Confidential Report PSD-083-08 be approved. CARRIED CONFIDENTIAL REPORT CAO-007-08 - LEGAL MATTER Resolution #GPA-410-08 Moved by Councillor Foster, seconded by Councillor Woo THAT the Confidential Report CAO-001-08 be received for information. CARRIED ADJOURNMENT Resolution #GPA-411-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 4:31 p.m. CARRIED MAYOR DEPUTY CLERK - 31 - 431 DRAFT LIST OF DELEGATIONS GPA Meeting: September 8,2008 (a) Mandy Baker, Regarding Driveway at Her Resjdence (b) Jaison Gibson, Regarding Constructive Forgiveness with Regards to Social Concerns (c) Robert Hann, Regarding Report PSD-081..08 (d) Beth Kelly, Regarding Report PSD-081-08 (e) Jay Summers, Regarding Report PSD-088-08 (f) Kelvin Whalen, Kaitlin Group, Regarding Report PSD-091-08 (g) Kevin Taylor, Regarding Report PSD-091-08 (h) Reid Allin, Regarding Report PSD-091-08 (i) Richard Ward, Regarding Taxes and Property Standards 601 , - PUBLIC MEETING . " () rmglO~n MUNICIPALITY OF CLARINGTON REPORT II PSD-085-08 \)l(LLJ II NOTICE OF PUBLIC MEETING MUNICIPALITY OF Letu:ling the Way CLARINGTON (PROPOSAL BY THE MUNICIPALITY OF CLARINGTON TO AMEND THE BOWMANVILLE COMMUNITY · iMPROVEMENT PLAN TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Community Improvement Plan Amendment, under Section 17 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Community Improvement Plan Amendment initiated by the Municipality will add an additional grant program to the Bowmanville Community Improvement Plan, being a Reconstruction Grant. The Grant Program is subject to budget amounts approved by Council annually. The proposed Bowmanville Community Improvement Plan Amendment includes lands in Bowmanville as shown on reverse. Planning File No.: PLN 37.2 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME: PLACE: Monday, September 8,2008 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanvi/le, 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 September 15, 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, September 10, 2008, to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Community Improvement Plan Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. A Community Improvement Plan Amendment adopted by the Municipality of Clarington is forwarded to the Ministry of Municipal Affairs. . Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Faye Langmaid at (905) 623-3379 extension 216 or bye-mail atflangmaid@clarington.net APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Bowmanville Community Improvement Plan Amendment to the Ontario Municipal Board does not make oral submission at a public meeting or does not make. written submissions before the proposed Bowmanville Community Improvement Plan Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. . ipality of Clarington this 4th day of August 2008. Dav. J. me, M.C./.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street BowmanvilJe, Ontario L 1 C 3A6 701 WAVERlEY ROAIl OJ ~ 3 DI ::::I < = CD o - 1J OJ o C ::::I Q. DI ~ MEARNS A.VENUE 702 cggpn CORPORATION OF THE MUNICIPALITY OF CLARINGTON AN APPLIcATION 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 proposed Zoning By-law Amendment submitted by 668390 Ontario Limited, would permit three (3) temporary sales trailers having 350 m2 in total floor space with an associated parking lot on the subject property for a maximum three (3) years. The subject property is located on Part Lot 15, Concession 1, former Township of Darlington, and west of Martin Road, south of Durham Highway 2 as shown on reverse. The Municipality of Clarington has deemed the above-noted application complete. Planning File No.: ZBA2008-0014 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME: PLACE: Monday, September 8, 2008 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St, Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, September 15, 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, September 10, 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, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Meaghan Kroon at (905) 623-3379 extension 327 or bye-mail atmkroon@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 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, there are reasonable grounds to add the person or public body as a party. Dated at the Municipality Of Clarington this ~/U David Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 11111 day of July 2008. 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 703 :! ~ I ID .... I c 1 t e D. ;.: . c ~ 1! . ~ E '""~ ~ . ClO~ ~~ c( >. mm N DI C 'c ~ ~ o "C ~ o o GI C') l8 CQ ~ (LS avo~ lVNOIE>3~) avo~ NI.L~VV\l I I 1W21 I f""\/ I I LL <(I I -.., I t -.J 'I I---" . .,..-J I =:) -.-l: LL 3:: i I I I I I I I I I I I I I I I I \ I \ I \ \ \ \ \ \ \ \ \ , j ----- - 704 'OBJUL17 Pt1 2:?n:n? PUBLIC MEETING REPORT # PSD-087-08 EDWARD WHITING MUNICIPALITY OF CLARINGTON c/o SHOPPERS REALTY INC. NOTICE OF COMPLETE APPLICATION AND PUBLIC MEETING I DEVELOPMENT APPLIcATION BY: EDWARD WHITING c/o SHOPPERS REAL TV INc. AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 CLEifillgtnn CORPORATION OF THE TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington has deemed the above noted application complete and will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Edward Whiting c/o Shoppers Realty Inc. would permit development of a commercial building with retail and office floor space. The subject property is located at 1428 and 1430 Durham Highway 2 and 8 Varcoe Road as shown on reverse. Planning File No.: ZBA 2008-0015 Related Planning File No.: SPA 2008-0015 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME: PLACE: Monday, September 8,2008 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre 40 Temperance Sl, 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, September 15, 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, September 10, 2008, to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit 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, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Richard Holy at (905) 623-3379 extension 332 or bye-mail atrholy@clarington.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated at the Municipality of Clarington this 16th day of July, 2008. ~ tn"LBavid Crome, M.C.I.P., R.P.P. l' Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 705 ~ z U w i? ::& "i? ..i? gg- .g.e ."fi g . geT ~~ _CI' _Ill 11-11I II-t; -I>- :6 lIS """W "ClN ~18 0::& CO 'gC1. c . :c~ <;>>0( :I'" :lI>- St:. CO e!i 0.... ~e ~~ .. - ..s C).s C). fI)'S '0. "Cl'- '2:; "Clfl) ..a. . :I l~ lIS a. <c> i~ III(1) ~O 0- Q.- 'O.c mID e-e ~! e'2 Wcl) Ne> II.D:: II.::E t.: Z D ~ ~ . z c 0 ~ N L -;.......... , "' oI! ~ I , I " I . l. ~~ 706 Cl~il1gtDn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8, 2008 Report #: PSD-085-08 File #: PLN 31.2 By-law #: Subject: BOWMANVILLE 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-085-08 be received; 2. THAT the Bowmanville Community Improvement Plan Amendment contained in Attachment 2 continue to be processed and that staff consider the comments received in writing or at the Public Meeting prior to finalizing the Amendment; and 3. THAT any interested party or delegation be advised of Council's decision. Submitted by: David . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: O~ ~ Franklin Wu, Chief Administrative Officer FLldf 14 August 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-085-08 PAGE 2 1.0 BACKGROUND 1.1 In December 2003 Council approved the preparation of a Community Improvement Plan (CIP) for Bowmanville and a study area By-law 2003-186 as amended. The Bowmanville Community Improvement Plan was adopted by Council in June of 2005 and by the Ministry of Municipal Affairs and Housing in September 2005. The Bowmanville CIP covers the area shown in Attachment 1. 1.2 The community has been kept informed of the progress as the implementation has occurred. To date the Municipality has expended just under $35,000 on the grant program, currently there are $80,000 grants pending to various owners. There is another $30,000 that has been earmarked for 3 of the properties between 19 1'2 and 33 King Street, we are awaiting the design drawings prior to approving the remaining funds. 1.3 The Bowmanville Community Improvement Plan allows the Municipality to provide incentives and grants to business merchants and property owners in the Bowmanville Community Improvement Project Area. It is anticipated that Council will continue to approve funding in the capital budget in future years. 1.4 At the June 23, 2008 meeting, Council approved Resolution #GPA-404-08 which requested staff to bring forward a grant program that would assist the property owners that suffered a significant loss, with rebuilding in accordance with the historic main street features. The four properties, 19 1'2 to 33 King Street West that were damaged by fire, were the impetus for this request. 1.5 Other works that the CIP has been a catalyst for include the urban design elements included in the enhancement features on the refurbishment of the King Street Bridge, and sponsorship of the Bowmanville 150th Anniversary. 2.0 PUBLIC MEETING 2.1 In accordance with the Planning Act, R.S.O. 1990, appropriate notice of the Public Meeting was given through advertisements placed in the August 20, and August 21 editions of Clarington This Week. A copy of the draft Community Improvement Plan Amendment has been circulated to the commenting agencies and Ministry of Municipal Affairs and Housing. 3.0 DESCRIPTION OF THE PROPOSED COMMUNITY IMPROVEMENT PLAN AMENDMENT 3.1 Outline The existing Community Improvement Plan defines why Bowmanville was studied for a CIP, identifies the area that was studied, and recommended a four grant program and a number of other actions. The Plan listed the priorities that the Community Focus Group 802 REPORT NO.: PSD-085-08 PAGE 3 had identified for improvements and provided information about the community such as its historical context, land use, architectural character and amenities. Economic factors, building conditions, land use restrictions, and the significance of enhancing civic pride were noted as issues. Problems and deficiencies identified included such items as: . business incentives . development charge levies . encouragement for building refurbishment . marketing ideas . identification of parking areas The CIP made a number of recommendations and provided for incentives such as grant programs to address the issues that have been noted. 3.2 Existinq Grant Proqram There are a number of general rules within the grant program that are applicable to all grants and then there are specific rules for the different types of grants. In all cases we have worked with applicants and inspected the buildings prior to the anticipated works. Grants are not released until the works are completed and the contractor has been paid. Property owners must be current with their tax payments. For properties that have multiple. municipal street addresses or storefronts, each property owner is subject to an overall maximum of $45,000. · HeritaGe BuildinG Fa9ade Improvement Grant The intention of the Heritage Building Fa9ade Improvement Grant Program is to assist property owners with the financing of heritage building fa9ade improvements within the Community Improvement Plan area. The program allows the Municipality of Clarington to provide a grant for up to one third of the costs of the eligible work per building to a maximum of $10,000 per municipal street address or storefront. · UPGrade to BuildinG Code Grant The intention of the Upgrade to Building Code Grant Program is to assist property owners within the Community Improvement Plan area with the financing of building improvements required to bring existing older buildings into compliance with the current Ontario Building Code. The program allows the Municipality of Clarington to provide a grant for up to 50% of the costs for eligible work per building to a maximum of $5,000 per municipal street address or storefront. · Site Plan Control Fee Grant The program allows the Municipality of Clarington to provide a grant to offset the amount of the Site Plan Control Fee to a maximum of $3,000 per property. 803 REPORT NO.: PSD-085-08 PAGE 4 · Buildina Permit Grant The program allows the Municipality of Clarington to provide a one time grant to offset the amount of the building permit fee to a maximum of $3,000. 3.3 Proposed Reconstruction Grant This grant program is intended to assist property owners with financing reconstruction projects that meet the architectural character and streetscape of Bowmanville. It is not intended to encourage the neglect or demolition of buildings. It is proposed that the grant cover up to $10,000 per building. Reconstruction projects will qualify for funding if they are being redeveloped as a result of fire or other natural disaster. This grant is intended to fund the redevelopment of a building or structure on the same land that has been destroyed in whole or in part by fire, explosion or Act of God and has to be in whole or part demolished and reconstructed for the same purpose. In a loss due to fire, the Ontario Fire Marshall has to have ruled "no malfeasance". The reconstruction grant will provide funding for a front fa9ade that is architecturally attractive. The grant is intended to provide the owner with additional funds to enhance the front fa9ade beyond what typical functional replacement insurance funding would provide for. The designer/owner will involve the Planning Services staff in the design process to ensure that the fa9ade meets the criteria. 4.0 CONCLUSIONS 4.1 The Bowmanville Community Improvement Plan identified a series of recommendations for implementation by the Municipality and/or stakeholder groups over time. The CIP has functioned effectively to date and based on works that have happened over the past 3 years. The amendment set out in Attachment 2 is recommended to augment the existing grant program. 4.2 The Planning Act requires that a Public Meeting be scheduled to consider an amendment to a Community Improvement Plan. The purpose of this report is to facilitate the public consideration of the proposed Bowmanville Community Improvement Plan Amendment. Attachments: Attachment 1 - Bowmanville CIP Area Attachment 2 - Amendment NO.1 to the Bowmanville Community Improvement Plan 804 REPORT NO.: PSD-085-08 PAGE 5 List of interested parties to be notified of Council's decision Bowmanville BIA, c/o Garth Gilpin Ken and Sherry Rupa Bethesda House, Jaki MacKinnon Patricia and Richard Lange Bill Walker, Gowlings 805 To R Attachment 1 eport PSD-085-08 3nN3^" SNl:fV'3~ is 113 3nN3^V 3>m::us 3nN3AV 311111 avo~ A31Cl3^\fM aVQC! A31Cl3^,iM ~ CO "C c:: ~ o m D. - U (1) - - 'S; c:: CO E ~ m 133~ av 806 Attachment 2 To Report PSD-085-08 AMENDMENT NO.1 TO THE BOWMANVILLE COMMUNITY IMPROVEMENT PLAN PURPOSE: The purpose of this amendment is to add to the grant program a Reconstruction Grant. BASIS: The Amendment is based upon the success of the existing grant program, and the desire to assist with the reconstruction of the heritage streetscape when portions of it are lost through a fire or natural disaster and the reconstruction effort meets the criteria of being a public benefit. ACTUAL AMENDMENT: Section 5 and Appendix 5 of the Community Improvement Plan is hereby amended as follows: 1. ADD to Section 5 5.2.5 RECONSTRUCTION GRANT PROGRAM The Municipality of Clarington may provide a grant for up to $10,000 of the cost of reconstruction of a property within the Bowmanville CIP project area, providing that the reconstruction enhances the streetscape and the fa~ade maintains the heritage character of Bowmanville. 2. ADD to Appendix 5 1.5 Reconstruction Grant Prooram This grant program is intended to assist property owners with financing the cost of the reconstruction process by providing a one time grant to offset the amount of reconstruction to a maximum of $10,000. All reconstructed buildings are to be designed to be in keeping with the historical context of Bowmanville and in- keeping with the heritage streetscape context. Area of Application The Reconstruction Grant Program is available to all registered property owners within the Community Improvement Project Area as shown on Schedule A. Elioibilitv for Grant Reconstruction projects will qualify for funding if they are being redeveloped as a result of fire or other natural disaster. This grant is intended to fund the redevelopment of a building or structure on the same land that has been destroyed in whole or in part by fire, explosion or Act of God and has to be in whole or part demolished and reconstructed for the same purpose. In a loss due to fire, the Ontario Fire Marshall has to have ruled "no malfeasance". The Reconstruction Grant is intended to provide the owner with additional funds to enhance the front fa~ade of the impacted building over and above the monies collected for functional replacement purposes through the insurance funding. The designer/owner shall involve the Planning Services staff in the design process to ensure that the front fa~ade meets the criteria. 807 Individuals and/or corporations applying for a Reconstruction Grant must be the registered owner(s) of the property and must receive site plan approval and obtain a building permit for the property in compliance with the provisions of the approved site plan within the Community Improvement Project Area. 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 Reconstruction 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 and/or underground utilities. The provision of any Reconstruction Grant will be administered on a first come first served basis to the limit of available funding and in accordance with any administrative rules governing this and other grant programs. General Terms of Grant Any Reconstruction Grant will be provided as a one time grant to the registered owner of the property. Grants will be in the amount of up to $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. This grant program is not intended to encourage the neglect or demolition of existing buildings. Other Proqrams Provided all eligibility criteria and conditions are met for this program, participation in the Reconstruction 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. Procedures 1. Grant Application Submitted at Time of Site Plan Control Application The applicant is required to submit a completed Reconstruction 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. 808 3. Description of Eliqible Works and Submission of Quotations The reconstruction 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 up to a maximum of $10,000. 4. Decision of Director of Planninq Services The final decision on whether a property is eligible for an Reconstruction 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 Reconstruction 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 Reconstruction Grant 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. 809 Cl~J!il1glOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8, 2008 Report #: PSD-086-08 File #'s: ZBA 2008-0014 and SPA 2008-0009 By-law #: Subject: REZONING APPLICATION TO PERMIT THREE (3) TEMPORARY SALES TRAILERS AND ASSOCIATED PARKING LOT FOR A MAXIMUM OF THREE (3) YEARS APPLICANT: 668390 ONTARIO LTD. (KAITLlN GROUP) RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-086-08 be received; 2. THAT provided there are no significant objections to the application during the public meeting, the application submitted by 668390 Ontario Ltd. to change the zoning to permit three (3) temporary sales trailers and an associated parking lot for a maximum of three (3) years be APPROVED; 3. THAT the attached by-law to change the zoning from "A" to "A-82" be passed; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Reviewed by: ( ) ~_--eu~ Franklin Wu Chief Administrative Officer August 28. 2008 MK*CP*sh*sn*df CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 810 REPORT NO.: PSD-086-08 PAGE 2 1.0 APPLICATION DETAILS 1.4 Location: 668390 Ontario Ltd. (Kaitlin Group) Kelvin Whalen Zoning change from "Agricultural (A)" to permit a new home sales pavilion with three (3) sales trailers and an associated parking lot. Part Lot 15, Concession 1, Former Township of Darlington (Attachment 1) 1.1 Applicant: 1.2 Agent: 1.3 Rezoning: 2.0 BACKGROUND 2.1 On May 22, 2008 Staff received applications from 668390 Ontario Ltd. for a zoning amendment and site plan approval to permit a new home sales pavilion with three (3) sales trailers and an associated parking lot located at the southwest corner of Martin Road and Regional Highway 2 in Bowmanville. The applicant wishes to change the zoning and locate the trailers only on the portion of the property located south of the future Prince William Boulevard extension and north of the Canadian Pacific Railway (Attachment 1). 2.2 The applicant currently has the three (3) sales trailers and an associated parking lot located at 10 Martin Road just south of the Canadian Pacific Railway at the corner of Martin Road and Aspen Springs Drive. The operation received site plan approval on May 12, 2006 (SPA 2005-0039). In consideration of the rezoning and site plan application being considered by the Municipality of Clarington for a service station, car wash and drive-through restaurant at 10 Martin Road, the applicant wishes to relocate the existing trailers onto the subject property north of the Canadian Pacific Railway. 2.3 The Site Plan application has had its preliminary review, and all comments made by applicable agencies and Municipal Departments were provided to the applicant on August 21, 2008 for action thereon. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property has existing non-residential and residential buildings on site, most of which were built in the 1950's, situated north of the future Prince William Boulevard. The part of the property located south of the future Prince William Boulevard is currently vacant land. The applicant wishes to change the zoning on the south part of the property only, so the application does not include the area of the property north of the future Prince William Boulevard. 811 REPORT NO.: PSD-086-08 PAGE 3 3.2 The surrounding uses are as follows: North: South: East: Garnet B. Rickard Recreation Complex Canadian Pacific Railway and existing sales trailers south of tracks Vacant land (zoned "Agricultural (A)") and some residential properties further south along Martin Road Vacant land (zoned "Agricultural (A)") and commercial development (Canadian Tire) West: 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement addresses the need to maintain and direct land use to achieve efficient development and land use patterns. Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns. The proposed temporary use of the subject property is an efficient use of the land as it will provide an interim use for an otherwise unutilized parcel of land, whilst allowing for future development as the site will be designed to accommodate the future Prince William Boulevard extension. 5.0 OFFICIAL PLANS 5.1 Durham ReQional Official Plan The subject property is designated "Regional Centre" in the Durham Regional Official Plan. Section 8A.2.2 of the plan states that Regional Centres shall be planned and developed as the main concentrations of urban activities within area municipalities, providing a fully integrated array of community, office, service and shopping, recreational and residential uses. 5.2 Municipality of ClarinQton Official Plan The subject property is designated "Town Centre" in the Municipality of Clarington Official Plan. Town Centres shall be developed as the main concentrations of urban activity in each community with the Town Centres providing a fully integrated array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. The subject property is also located within the Bowmanville West Town Centre Secondary Plan, and is designated "Mid-rise High Density Residential". Section 23.4.4 of the Official Plan allows Council to pass Temporary Use By-laws subject to conditions. 6.0 ZONING BY-LAW 84-63 The entire property is currently zoned "Agricultural (A)" which does not permit the use of a temporary sales trailer. 812 REPORT NO.: PSD-086-08 PAGE 4 7.0 PUBLIC NOTICE AND SUBMISSIONS One inquiry (1) was received from a property owner in the area prior to the public meeting. The property owner was requesting additional information on the application, with regards to the proposed entrance off of Martin Road on the subject property, but was more curious about what may be developed in the current location of the sales trailers located at 10 Martin Road. 8.0 AGENCY COMMENTS 8.1 The application has been circulated to the applicable agencies for comment. The Central Lake Conservation Authority has reviewed the application and has no objections to the approval of the Zoning Amendment application. 8.2 The Durham Regional Works Department has reviewed the application and has no objection to the further processing of the rezoning application provided that the existing entrance is removed, and the applicant receives a 6 month renewable Regional entrance permit. 8.3 The Clarington Emergency and Fire Services Department have confirmed that there are no fire safety concerns found on the submitted drawings and therefore have no objection to the application. 8.4 The Region of Durham Planning Department, the Clarington Engineering Services Department, Clarington Operations, Canadian Pacific Railway and Hydro One had no objections to the application as filed. 9.0 STAFF COMMENTS 9.1 All agency comments have been received and there are no objections to the approval of this application. Neither have there been any objections from the public. 9.2 Planning Staff have reviewed the application relative to the policies of the Official Plan and are satisfied that the use is temporary in nature; will have no impact on natural features; will have no adverse impact on traffic or transportation facilities; and will not have an impact on the long term implementation of the Plan. The application provides a temporary use of otherwise undeveloped land until future development occurs. As the proposed trailers will be built as temporary structures, once the by-law expires and the trailers are removed, the site will be relatively unaltered thereby maintaining a good opportunity for redevelopment of the site in the future. The access to Regional Road 51, a Type 'A' Arterial is in the location of the future Prince William Boulevard. The Sales Pavilion is expected to disappear in advance of Prince William Boulevard being constructed to Regional Road 57. 813 REPORT NO.: PSD-086-08 PAGE 5 10.0 CONCLUSION Provided there are no objections during the public meeting, it is respectfully recommended that the proposed Zoning Amendment application be APPROVED and the attached Zoning By-law be ADOPTED by Council. Attachments: Attachment 1 - Key Map Attachment 2 - Aerial Photo Attachment 3 - Zoning By-law to amend By-law 84-63 List of interested parties to be advised of Council's decision: Kelvin Whalen 814 Attachment 1 To Report PSD-OB6-0B ~ 'S; - ,; c c:: CIS CI) ~ ~ ~ E 0 'C O' c:: "C: m cu o CI) - Q. . E c CIS co<( 0 :E 0 ~ 0 c 0 en 0 ~ N ..J ('t) :; ~;>-; <( I co "''-<J ~ CD u i:'i9: In In CD 0 (l3~ .J ~8 N C) i.: ~ c:: CI) c:: Gl c:: ~ Q. 0 e N 0 D.. ~ (L9 avo~ lVNOID3~) aVO};! NI1};!VV\I : LJJ :cr:: :~ f-- ~ LL 2: <C: _I _J: _II -I >1 -=:::> I 1 I I 1 1 I I I I \ I \ \ \ \ \ \ \ \ \ \ \ \ \ \ I I I I \ \ \ \ \ \ \ \ \ \ \ \ -- --------- / /' --~'~ ~- ------~--. . , i /ff _-,_O'lll .." 815 ~, I' , , ,\ . IJ !-\uacnmem "L To Report PSD-086-08 "' .)....,. ,. dYOH NI1HYW ~ ..... ~fIl"" . ~ .....r" ~"-P'~ 'i:!. ._. - -,. . _ ... u ....~...'"\~ ".......-....... ~:r~;: ;!f;,-..;/,. .t,ft ~%'$.~ .,~ ~.. - '\<',i" ..... N , ~1 <~\ ". ,'.' ,. ;~;. '. , ' io '^,}. ~ J;',\'~ "cO. .,.'~ .., .' ":~,..," ...... .~ .~ ~. ," !'-: .' ~'\t\;. -". "',! '-~. , ,Q.' " "VI" ~ . ~. ai" ii' ,.p-.. n Attachment 3 To Report PSD-086-08 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend 13y-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2008-014; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4 "Special Exceptions - Agricultural (A) Zone" is hereby amended by introducing a new subsection 6.4.82 as follows: "6.4.82 SPECIAL EXCEPTIONS - AGRICULTURAL (A-82) ZONE I\lotwithstanding Sections 3.13, 6.1, 6.2 and 6.3 c) iii), d), those lands zoned A-82 as shown on Schedule "A" attached to this By- law shall only be used for a Temporary Sales Office for a maximum of 3 trailers or buildings, subject to the following zone regulations: a) b) c) Yard Requirements i) Interior Side Yard (minimum) Lot Coverage (maximum) Loading Spaces (minimum) 2 metres 10% o For the purpose of this Section, Temporary Sales Office shall mean a temporary building used exclusively by a realtor, builder, developer or contractor on a temporary basis for the sale, display and marketing of residential lots and dwellings within a Draft Approved Subdivision or Condominium Plan. l:Jursuant to the requirements of Section 39 of the Planning Act, 1990, as amended, this use may be permitted for a period of three years, ending on September 15, 2011." 2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Agricultural Exception (A-82)" as illustrated on the attached Schedule "An hereto. 3. Schedule "An attached hereto shall form part of this by-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first lime 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 817 This is Schedule "A" to By-law 2008- passed this day of ~ 2008 A.D. ---- '" -,' ,- -- ' //' '.::~~;>:~ ~2] Zoning Change From "A" To "A-82" Jim Abernethy, Mayor , r-- L{) 0 <( 0 0:: ....J .. <( z 0 C> UJ 0:: :2: <( I 0:: ::> 0 J Patti L. Barrie, Municipal Clerk J " ---.J .--- I I \ \ I I I I I I DURHA.M HI~ 2 STEVENS ROAD I '\ uPTowr~ ,AVE GA.RNET B. RICK ARC RECREATI()N COMPLEX o > '" [ I I I I t I ~ I ~ ________..J I I I I _ I 2 I ~ z I ~ < 1_______ U z ----------------- w ~ " / / / / !Tn Bowmanville z ~ 818 Cl~-ilJglon REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8, 2008 Report #: PSD-087 -08 File #: ZBA 2008-0015 By-law #: Subject: REZONING APPLICATION TO PERMIT A SHOPPERS DRUG MART AND SECOND STOREY OFFICE SPACE APPLICANT: EDWARD WHITING (C/O SHOPPERS REALTY INC.) RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-087 -08 be received; 2. THAT provided there are no significant issues raised at the Public Meeting, that the proposed amendment to Zoning By-law 84-63 to permit the development of a mixed use building be APPROVED and that the by-law as contained in Attachment 3 be PASSED; and 3. THAT all 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:~~~ . ~ David J. Crome, M.C.I.P., R.P.P. '\ Director, Planning Services Reviewed byi~ -: t..slc Franklin Wu Chief Administrative Officer COS/sh August 29,2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 819 REPORT NO.: PSD-087-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Shoppers Realty Inc. 1.2 Owner: Edward Whiting 1.3 Proposal: To permit the development of a mixed use building with 1,920 sq.m. of retail commercial floor space and 703 sq.m. of second storey office floor space. 1.4 Site Area: 0.81 hectares 2.0 LOCATION 2.1 The subject lands are located at the northwest corner of Durham Highway 2 and Varcoe Road in Courtice. The application includes two separate properties located at 1428 & 1430 Durham Highway 2 and 8 Varcoe Road (Attachment 1). 3.0 BACKGROUND 3.1 On June 10, 2008, Staff received a rezoning application from Shoppers Realty Inc. on behalf of Edward Whiting to permit the development of a mixed use building containing 1,920 sq.m. of retail commercial floor space and 703 sq.m. of second storey office floor space. A copy of the proposed building elevations are contained in Attachment 2. 3.2 The proposal encompasses lands which contained a former automotive repair garage at the corner of Durham Highway 2 that has been recently demolished and an existing furniture store located towards the rear of the property. The proposal also contains a residential property at 8 Varcoe Road (See Attachment 1). 3.3 A complete site plan application (SPA 2008-0015) has also been submitted by the applicant for approval. 4.0 LAND CHARACTERISTICS AND SURROUNDING USES 4.1 The site is generally flat and drains towards the intersection between Durham Highway 2 and Varcoe Road. The front portion of the site is vacant while the rear portion contains a commercial building. The proposal also includes a vacant property at 8 Varcoe Road. 4.2 The surrounding uses are as follows: North - Urban residential South - Commercial uses East - Medical centre and seniors' retirement facility West - Commercial uses 820 REPORT NO.: PSD-087 -08 PAGE 3 5.0 PROVINCIAL POLICY 5.1 Provincial Policy Statement The proposed development application is within the Courtice settlement area and proposes to increase the range of retail and office uses in the area. The existing mixed use designation permits commercial and office uses that better serve the needs of area residents. Provincial Policy states that there shall be an appropriate mix and range of serviced commercial lands available to meet the long-term retail and employment needs of the community. 5.2 Provincial Growth Plan The Provincial Growth Plan for the Greater Golden Horseshoe directs new development to existing serviced urban centres and encourages a compatible mixture of land uses within the urban centres. A fundamental principle of the Plan is to encourage intensification of underutilized urban lands to create a vibrant community where infrastructure exists to accommodate growth. Compact urban growth is encouraged in urban centres and along transportation corridors. The provision of additional retail choices for existing and future residents supports the goals of the Provincial Growth Plan. 6.0 OFFICIAL PLANS 6.1 Durham ReQional Official Plan The Durham Regional Official Plan designates the subject lands "Living Area" and "Regional Corridor". Within Regional Corridors, the Plan permits a mixed use area that support higher order transit services and feature a high degree of pedestrian oriented design. Local Centres designated in the local official plan shall be planned and developed in accordance with a hierarchy of functions. The proposal conforms to the Durham Regional Official Plan. 6.2 ClarinQton Official Plan The Clarington Official Plan designates the subject lands "Mixed Use Area" in Courtice West Shopping District Secondary Plan. This property contains a mixture of older buildings and uses that may be redeveloped into higher intensity uses to become a focal point of architectural interest in this commercial area. Permitted uses include mixed uses buildings containing ground floor retail and personal service uses and second storey office uses. Policies in the Secondary Plan delineate the intersection at Durham Highway 2 and Varcoe Road/Darlington Boulevard as a prominent intersection to have visual significance, relating to urban design. Transportation policies also require an integrated system of rear laneways between commercial properties to accommodate movement of 821 REPORT NO.: PSD-087 -08 PAGE 4 vehicles between properties. Finally, parking is encouraged to be located at the side or rear of buildings. A review indicates that the proposal conforms to the Clarington Official Plan. 7.0 ZONING BY-LAW CONFORMITY 7.1 The property under consideration is zoned "Special Purpose Commercial (C5) Zone", which does not permit retail commercial and office uses. In order to permit the proposed development, a rezoning application was submitted for consideration. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and three (3) public meeting notice signs were erected facing Durham Highway 2 and Varcoe Road. 8.2 Two inquiries of concern have been received regarding the proposed development. a) The adjacent commercial landowner to the west (Birchdale Investments Limited) has submitted a letter outlining the following concerns with the proposal. . Birchdale indicates that their property is used for overflow parking by patrons of the Courtice Medical Clinic. Since the Shoppers parking area will now be closer, the proposal should have surplus parking in order that Shoppers parking isn't pushed onto the Birchdale site. . They also have a concern that the second storey office space will place an additional demand on available parking. . Since the subject lands and the Birchdale site will share Birchdale's easterly entrance on Durham Highway 2, internal drive aisles, and access over the rear lane, Shopper Realty must enter into an agreement with Sirchdale on these matters. b) A resident of Bridle Court, a residential street abutting the subject lands to the north, inquired whether or not the proposed Shoppers Realty would charge for parking. According to this resident, many patrons of the Courtice Medical Clinic park on their street to avoid paying for parking on the clinic premises. The resident wanted to ensure that Shoppers Realty will be prohibited from installing paid parking. These issues will be discussed in Section 10.2 of this report. 9.0 AGENCY COMMENTS 9.1 The Clarington Emergency Services Department, Hydro One Networks Inc., and Durham Region Transit have no objections to the application. Any conditions will be dealt with through the site plan approval process. 822 REPORT NO.: PSD-087-08 PAGE 5 9.2 The Clarington Engineering Services Department has no objections to the proposal provided that the following issues are addressed through site plan approval. · Clarington will require a road widening along the Varcoe Road frontage to accommodate our road requirements. The proposed 3.00 m road widening is acceptable. · All remaining engineering matters will be dealt with through site plan approval. 9.3 The Durham Region Planning Department has no objections to the proposal provided that the following matter is addressed. · A draft Phase 1 Environmental Site Assessment was submitted with the application for review. It indicated that there were potential environmental concerns, including the presence of contaminated soil and groundwater, hazardous materials in the existing building, the proximity to a gas station, and the existing wells that would need to be decommissioned. The report recommended that a Phase 2 assessment be conducted to fully investigate the problem. Upon submission of these reports to the Region for review, a Record of Site Condition (RSC) must be submitted to the Ministry of Environment (MOE). Prior to the removal of the Holding (H) symbol from the proposed zoning, the Region will require a letter from MOE, which acknowledges the RSC and indicate that the site has not been selected for audit. 9.4 The Durham Region Public Works Department has no objections provided that the following issues are addressed through site plan approval. · The Region will require a road widening along the Durham Highway 2 frontage to accommodate their road requirements. The proposed 1.61 m road widening is acceptable. · In order to provide access safety and corridor control, this section of Durham Highway 2 will have a centre median to restrict access. The applicant will be responsible for 50% of the project's construction cost. Construction of the median will be a regional contract. · All remaining engineering matters will be dealt with through site plan approval. 9.5 The Central Lake Ontario Conservation Authority has no objections to the proposal provided that the following issues are addressed through site plan approval. · CLOCA guidelines require that post-development stormwater flows from the site do not exceed pre-development stormwater flows from the site. Due to existing stormwater capacity constraints in the Durham Highway 2 storm sewer system, the stormwater management report must be revised accordingly. · Sedimentation fencing must be installed to ensure that sediment do not travel from the site. · All remaining engineering matters will be dealt with through site plan approval. 823 REPORT NO.: PSD-087 -08 PAGE 6 1 0.0 STAFF COMMENTS 10.1 Urban DesiQn The policies contained in the Courtice West Shopping District Secondary Plan define the intersection at Durham Highway 2 and Varcoe Road/Darlington Boulevard as an intersection of prominence. From an urban design perspective, buildings should be street-related for a number of reasons to achieve important design goals. . The building contains ground floor retail with second storey office space. The applicant has oriented the building towards the intersection but aligned with Durham Highway 2. This creates building massing, architectural interest, and prominence at this intersection rather than placing the building at the rear of the property. The parking area is also partially shielded by the location of the building and can be more easily mitigated through landscaping. This continues the theme of street-related building massing established with the Courtice Medical Clinic and the pub/restaurant at other corners of the intersection. . A street-related building allows for improved pedestrian access from existing sidewalks to the building. The building proposes two building exits directly to the sidewalk but no building access directly from the sidewalk. Staff will further discuss the opportunity for direct building access from the sidewalk either on Varcoe Road or Durham Highway 2 through the site plan process. . Shoppers Realty is proposing a variety of building materials to add interest to the building, including brick and stone precast panels, stucco, and glazing. There will be a large number of windows at the store entrance and some along Durham Highway 2. Spandrel glazing will be included along Varcoe Road and along the rear of the building to create interest. The second storey office space also contains a large number of windows, adding interest to the building design. . Representatives of Shoppers Realty have indicated their willingness to explore options for a more street-related entrance to Durham Highway 2. Staff will also be encourage replacement of the spandrel glazing with real glazing along the Durham Highway 2 frontage as well as the provision of some glazing along Varcoe Road. 10.2 AddressinQ Public Concerns a) Birchdale Investments Limited (Birchdale) Concerns Birchdale Investments Limited has submitted a letter outlining concerns over: a. parking of patrons from the Courtice Medical Clinic on the Shoppers Realty site; b. sufficiency of proposed on-site parking levels; and c. easement arrangements for points of joint access and the rear lane. Staff have reviewed the comments and offer the following comments. a. The Municipality does not get involved in parking matters on private property. 824 REPORT NO.: PSD-087-08 PAGE 7 Should patrons of the Courtice Medical Clinic decide to park on the subject property, it is the property owner's responsibility to ensure that patrons from other properties do not park on their site. b. Birchdale has questioned whether there is sufficient parking on the Shoppers Realty site. The applicant submitted a parking demand survey prepared by BA Group, a transportation consultant, on the amount of parking being provided for the development. The report calculated parking rates for the ground floor retail space on the basis of retail parking rates and assumed that 7 medical practitioners would occupy the second floor office space. Discussions with the planning consultants indicated that 7 medical practitioners would be typical for this form of project by Shoppers Realty. The memo states that for a similar project developed in Brampton, parking utilization ranged between 44% and 65% of the total spaces. The peak number of cars noted in the parking lot was 64 vehicles. The report also noted that peak parking usage for the medical office space is during the week while the peak parking usage for the retail component is during the weekend. Based on these observations, the letter concluded that the 107 parking spaces being provided were sufficient. From a zoning perspective, the amount of parking proposed meets with our current zoning standards. The ground floor is comprised of the main Shoppers Drug Mart unit (1,613 sq.m.) and a smaller ancillary retail unit (301 sq.m.). The second storey contains 703 sq.m. of medical office space. Although the main floor could be characterized as a multi-tenant situation, Shoppers Realty would generally tenant the smaller retail unit with a related medical retail tenant instead of a tenant that would generate higher parking rates. The second floor would be leased to medical practitioners since other types of office uses would not be consistent with the medical theme. Under our current parking standards, the following amount of parking is required for the building: . Ground floor area at 1 space/30 sq.m. yields 64 parking spaces; and . Second floor area with 1 medical practitioners at 5 spaces/medical practitioner yields 35 parking spaces. Since the applicant is providing a total of 107 spaces and only 99 spaces are required, there is a small surplus of parking. Therefore, sufficient parking is being provided to satisfy the requirements of the zoning by-law. c. The applicant will be required to obtain long-term easements under the Planning Act with Birchdale to ensure that points of joint access and the rear lane can function in perpetuity. The Municipality will not be involved in any financial arrangement between the two parties. b) Bridle Court Resident's Concerns According to the Bridle Court resident, patrons began parking on Bridle Court once the Courtice Medical Clinic started charging for parking. The Municipality cannot prohibit landowners from charging for parking. While the Bridle Court on- 825 REPORT NO.: PSD-087-08 PAGE 8 street parking issue does impact those residents, this issue is beyond the scope of this approval and must continue to be dealt with through the Municipality's Law Enforcement Division. While Shoppers does not typically charge for parking on their properties, they do want the option of installing some form of system should this issue become a problem for them as well. 10.3 Site Remediation Since the site has been used for various automotive sales and repair uses over the years, the applicant has submitted a Phase 1 site assessment of the property for review. There are a number of potential areas for environmental concern. . There is evidence of contaminated soil and groundwater present in the vicinity of the former auto repair facility at the intersection as well as at the existing retail building. An above-ground fuel oil tank that was removed was also reportedly leaking. . The report recommends that existing building be surveyed for asbestos materials, lead paint and moulds. . The presence of the existing Esso gas station across the street is a potential for concern. . Existing water wells are a potential source of groundwater contamination. These wells must be properly decommissioned in accordance with the proper environmental regulations. Staff fully support the report's recommendation for further environmental review of the site. Based on the comments contained in Section 9.3 of this report, the applicant will have to ensure that all contamination is removed and that the Record of Site Condition and requisite acknowledgement letter is obtained from the Ministry of Environment to the satisfaction of the Region of Durham and the Municipality of Clarington 11.0 CONCLUSION 11.1 In consideration of the comments received from circulated agencies and review of the proposal, it is recommended that the application to amend the Zoning By-law 84-63, as amended, be APPROVED. 11.2 The proposed zoning by-law contains the Holding (H) provision to ensure that the site is properly remediated and a Record of Site Condition is obtained by the applicant. Staff would recommend that the Holding (H) provision is not removed until the Record of Site Condition is finalized to the satisfaction of the Region of Durham. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Building Elevations Attachment 3 - Zoning By-law Amendment 826 REPORT NO.: PSD-087-08 PAGE 9 List of interested parties to be advised of Council's decision: Edward Whiting c/o Kim Johnson Shoppers Realty Inc. MHBC Planning Valiant Property Management Birchdale Investments Limited Jim & Lorraine Ewen 827 Attachment 1 To Report PSD-087-08 ~ gN 1l:: c::s v>: CIl ~ ,~ I- C\j Z o c.i u ~ lX):J: w = 1:: liJ ~!:2 :E 6= ...= -I: :J ...., ,....:J: ... . (J- 0 ~ C o . OCT C)~ 0 It) o . o CT o II) Z _D' _II) al/oCl 30:JClI//1 11.11) 11...... -..... 1:- or- W u.U) ._ cu a.. 0 "CN "C1t) "C1t) ~Q) lIS 0 :E eQ eM e ~ :E1t :E . ct :Jl't :Jr-:' ot:. ~~ ..... 00 OM O~ U CIl e ~ ~ ...- ...- ClI_ O 0 C)C11 C)C11 (/) 'S "OQ) ~ 8 0 "C:!:: "C:!:: "C(/) ...e. u N CIl :J CII :J CII_ CUe. 0 ~ I II)(/) II)(/) II) lIS ~ 0 .J L..I >- 0:: 0:: o u "OJ: ~ ~ mm a.. lIS a.. lIS a.. .- W(/) 0- 0- 0"C ~ Nc) ... CII ... CII ... CII i.: CIl lti n..Q: n..Q: n..:E a.. ~ Q) e D ~ ~ I: n.. Z ~ 0 0 N , a"o~ 30:>~" ^ , , ,-- " , , ,I II ,I g II 41 I II I! I jb~/ V ~ I I I ~..: : ~:i~ l' .~ , ,- ~-- .-J , '" >- ~ ::r: 52 ::r: ~ ~ g o I-~~ ...., I \ I \ ____.-J\ I \ I \ _____---.....l \ I \ ~ "I 828 Attachment 2 To Report PSD-087-08 \ 829 \ \ ~! tu<0 lliW ' ~~~ ~~~ ~~~ 830 Attachment 3 To Report PSD-087 -08 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2008-0015 and permit development of a mixed use building with retail commercial and second storey office floor space; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Special Purpose Commercial (C5) Zone" to "Holding - General Commercial ((H)C1) Zone". 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 831 This is Schedule "A" to By-law 2008- passed this day of 'I 2008 A.D. -- DURHAAA -2--.--.--.- ---..-___ IVI HIGHIAI . 1~ ----__ vv'AY 2 ~ Zoning Change From "C5" To "(H)C1" Jim Abernethy, Mayor , o <( o 0::: w o o 0::: ~ I I .l. J Patti L. Barrie, Municipal Clerk . . I I I I NASH I I I II ROAD i!: f5 <: C:l ~ 0:: ~ ~ ~ e i!: :;) ~ ~ ~ ~ ~ e Courtice 832 Cl!1!.mgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, September 8,2008 Report #: PSD-088-08 File No's: SVA 2008-0001 By-law #: Subject: MINOR VARIANCE TO SIGN BY-LAW 97-157 APPLICANT: TIM HORTONS, NEWCASTLE RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-088-08 be received; 2. THAT the application for Minor Variance to the Municipality of Clarington Sign By-law 97-151, submitted by Jay Summers for Tim Hortons Newcastle, to permit an increase in the number of permitted signs, for a stand-alone building on a multiple business site, from two (2) wall signs to three (3) wall signs, with a maximum size of 2.9 m2 for the third wall sign, be APPROVED; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: . avid J. Crome, M.C.I.P., R.P.P. Director of Planning Services cJ~ r{^-.J~ Reviewed by: ... ~ Franklin Wu, Chief Administrative Officer PW/CP/av/df 26 August 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 833 REPORT NO.: PSD-088-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Jay Summers for Tim Hortons Newcastle 1.2 Owner: 131964 Ontario Limited 1.3 Proposal: To vary the Sign By-law (97-157) to permit an increase in the number of permitted signs, for a stand-alone building on a multiple business site, from two (2) wall signs to three (3) wall signs with a maximum size of 2.9 m2 for the third wall sign. 1.4 Location: 361 King Avenue East, Unit 12, Newcastle 2.0 BACKGROUND AND PROPOSED VARIANCE 2.1 Tim Hortons operates a franchise in Newcastle Village within the retail plaza located at the southeast corner of King Avenue East and Brookhouse Drive. The Tim Hortons is located in a stand-alone building that includes a drive-through window located in the northwest corner of the site. Currently, Tim Hortons has two (2) wall identification signs, located on the north and east elevations, as well as signage on the group identification sign (pylon sign) for the plaza. 2.2 On June 5, 2001, Planning Staff received a sign permit application from Tim Hortons of Newcastle to add a third identification sign to the roof of their western building elevation. An initial review of the application by staff found the sign type, size and the total number of signs to not be in compliance with the requirements of the Sign By-law. 2.3 Due to the signage requirements enforced by the franchisor, the applicant took over a year to re-evaluate their needs and determine what form of signage might satisfy the intent of the Sign By-law requirements while still maintaining the Tim Hortons corporate signage requirements. 2.4 On July 21, 2008, the Municipality received an application for a Minor Variance to the Sign By-law which requested an increase in the maximum number of permitted identification signs. The proposed sign was reduced to 2.9 m2 and the proposed location was revised to the west wall of the restaurant instead of the roof. 3.0 SIGN BY-LAW PROVISIONS 3.1 The provisions of the Sign By-law permit the following for any stand-alone business located on a multiple business site: . One (1) group, identification sign on the site; . Two (2) wall or window signs; and . One (1) additional sign on each canopy to a maximum of three (3) canopy signs. 834 REPORT NO.: PSD-088-08 PAGE 4 5.3 The speed limit along King Avenue East up to the plaza, in which the applicant's restaurant is located, is 50 km/hr. While travelling east along King Avenue East the restaurant's identification signs have limited visibility for motorists. 5.4 The Sign By-law permits stand-alone businesses on multi-tenant properties to have two (2) wall identification signs in addition to signage on the group identification sign. The intent of this section of the Sign By-law is to permit an additional wall sign on an alternate building elevation where the type and location of the building provides that more than one side of the building is made visible to the public. The Sign By-law permits that wall signs may occupy up to 10% of the wall area. At 2.9 m2 the proposed third wall sign, to be installed along the western elevation, will occupy less than 4% of the wall area. Staff believe that the intent of the By-law will still be maintained by approving a third wall identification sign, to a maximum of 2.9 m2, to be installed along the western elevation. 6.0 CONCLUSION 6.1 Based on the comments provided in this report, it is respectfully recommended that the minor variance to the Sign By-law to permit an increase in the number of permitted signs, for a stand-alone unit on a multiple business site, from two (2) wall signs to three (3) wall signs, with a maximum size of 2.9 m2 for the third wall sign, be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - Sign Illustration Attachment 3 - Wall Elevation Interested parties to be notified of Committee and Council's decision: Jay Summers 131964 Ontario Limited 836 ~ REPORT NO.: PSD-088-08 PAGE 3 4.0 APPLICANT'S RATIONALE 4.1 The applicant has stated that their business requires increased visibility for traffic travelling east on King Avenue East which would be facilitated by a sign on the west elevation of the building. The two (2) existing wall, identification signs face north and east. Due to the restaurant's close proximity to the street line these two (2) wall, identification signs are only visible from the north and from the east. The applicant believes that the group identification sign (pylon sign) is partially obstructed to east bound traffic by the restaurant and is therefore only visible as one is driving past the restaurant and not as one approaches the entrance to the plaza. View of Tim Hortons from eastbound lane of King Avenue East approximately 10 metres from the King Avenue plaza entrance. 5.0 STAFF COMMENTS 5.1 The subject property is located on the south side of King Avenue East on the eastern edge of downtown Newcastle. The business is located on a mutli-tenant commercial property with entrances from King Avenue and from Brookhouse Drive. The applicant's restaurant is a stand-alone business in the northwest corner of this property. 5.2 The restaurant has been designed with the dining area and the front building fa9ades facing north to King Avenue East and into the plaza, to the east and south. The design of the restaurant locates the service side of the restaurant along the western elevation. 835 Attachment 1 To Report PSD-088-08 y ""- I '1 GRAHAM COURT I- III j/ III Cl: l- (/) Cl: <i: z () :2 ) "- tu RESNIK DRIVE III (' I- / Cl: III ~ III OATLEY COURT / Cl: Cl: l- (/) ~ III / J: u. ~ u. f ::i <t: ~ j <t: () / :2 CHALLENGER COURT ANDREW STREET I I ~1 KING AVENUE EAST KING AVENUE "- \ \ ) \ HARMER DRIVE ~ ----.. --... ~ 0 () - III - (/) 0 - -, :2 l-- l-- v - <t: ~ ::i I- III -l III > 3: III ~ III Cl: Cl > VV l- e) ~ (/) ..-vv z z Cl \ 0 s;2 III ~ l- ~ (/) u. ~ <t: 0 BLOOM AVENUE Cl: J: ~ 0 OJ 0 ~ Cl: 0 co 0 i 0 AI c C/l ~ m ~ 0 ~ I -1 I RAVEY STREET <- m ( I l I \ Lot 27 Lot 26 N C o .- tn tn Q) (,) c o o "t"'" C o .- tn tn Q) (,) c o o _ 361 King Avenue East NEWCASTLE KEY MAP SVA 2008-0001 837 - .t I . ,..... . - 00 I I __i~ Attachment 2 To Report PSD-088-08 ~-/+ .Z/L 6 - t8~ 838 ~ ~ ~ !S .. g ;: ~ ... .. ~ ~ ~ ~ !: ;:; ~ T.. ~ :=1. z !2 .. <i9: 1 .C..' .", /1,.. "",!,..I. ...., . ..~ ~ ., :i: ^ " ;j ii; -@] ., .. i, "~ - ..... ;/ "'\... .; II , ..... ;; I / / )\~j ...... ... ~ \ .$: /~ ; ...... I <8 \~/:{., ,: ;! '.' ,...., "';''':-!!i -G "ii' , : I ,~ I, \ " -G ! N --9~ , ... 11 'f N I. 1 ~w 00<, I.'. . ~~ (J, " i, _.- r ............ ........ ............... !l: !'= ...... ; ..... ..... il I': d ill "j; I. ..~.. ,:: !!! .... ;!; .. :' , I "i ~ :,: ' ii; - N /~ ,: \ .s. X ~ ;! ''\. ~ ~ "',\ ~\ -@] ... .' '\ ~ ~. '\. &- :: ii' ---@] ~: ~I " " 1~ : ;' ..~ or:: ~ r l-=J ----rn ~ G ~ ~ ~ ~ ~ 8 z o i= <( > W -l W .... ~ (/) .. W ~ 3: VI Attachment 3 To Report PSD-088-08 ~ ~.n c( 839 CI!J!.-!lJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8, 2008 Report #: PSD-089-08 File #: PLN 31.14 By-law #: Subject: GUIDELINES FOR NOISE ATTENUATION ALONG ARTERIAL ROADS RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-089-08 be received for information; and 2. THAT the "Guidelines for Noise Attenuation along Arterial Roads" be APPROVED. t:: r!.7IIl' '? ~.. .' /~ /, Submitted by-. 6Zt. /, fa "'-~ ~L2navid J. Crome, M.C.I.P., R.P.P. tt Director of Planning Services /-\ /) n ~,.-( '\; "~"'~ ---L\....... Reviewed by: '-..-/ . Franklin Wu, Chief Administrative Officer MK*CP*lw*df 21 August 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 840 REPORT NO.: PSD-089-08 PAGE 2 1.0 BACKGROUND 1.1 In past years, the use of noise attenuation fencing along arterial roads within the Municipality of Clarington has had some adverse affects on surrounding neighbourhoods. Issues such as lack of walkability within neighbourhoods, monotonous design and long term maintenance are all resulting from the use of noise attenuation fencing along arterial roads. The "Guidelines for Noise Attenuation along Arterial Roads" have been drafted to assist in addressing those issues. 1.2 A draft copy of the guidelines was circulated to Municipal Departments and branches, as well as to various consultants, developers and builders currently working within the Municipality of Clarington, for comments or concerns with regards to the proposed "Guidelines for Noise Attenuation along Arterial Roads". The final copy of the guidelines was revised to address the relevant comments and concerns received. 2.0 PURPOSE 2.1 The Ministry of the Environment has established maximum noise levels that are considered acceptable for amenity areas (rear yards) in new residential developments. Noise is attenuated in many ways, often through the use of noise fencing. The primary purpose of establishing the "Guidelines for Noise Attenuation along Arterial Roads" is to achieve more aesthetically pleasing and attractive streetscapes by eliminating the use of noise attenuation fencing where possible, and to ensure that alternative methods and designs of noise attenuation are being used. 2.2 Since 1996, reverse - lot frontages along arterial roads have been eliminated, as much as possible, during consideration of new plans of subdivision. Regardless of this, there continues to be a need for noise attenuation and fences are the last resort to address this. The primary concern is that while the fences serve a very utilitarian purpose, they should have an architectural character that is attractive for the community. These guidelines are intended to provide a design standard for noise attenuation fences by encouraging the use of design and materials that are attractive and contribute, in terms of colours, textures and patterns, to the overall design of the neighbourhood. 3.0 CONTENT 3.1 The guidelines address all aspects of the development and decision making process for noise attenuation along arterial roads by including the following sections: Alternate Design Considerations; Noise Attenuation Fence Guidelines; Examples of Acceptable Fence Designs; Warning Clauses; and Conformity with Fence By-law. 841 REPORT NO.: PSD-089-08 PAGE 3 3.1.1 Deskm considerations The design considerations section suggests various ways in which roads and lot patterns can be arranged, in such a way as to minimize, or in some cases eliminate, the use of noise attenuation fencing. Some of the suggested designs include direct frontage lots and rear lane arrangements. 3.1.2 Noise attenuation fence quidelines As the primary goal of the guidelines is to eliminate noise attenuation fencing where possible, a separate set of guidelines has been provided to ensure that where proposed noise attenuation fencing is required, it is built and designed to improve the streetscape. The fence guidelines include general policies to make certain that: · the developer/applicant provides justification for the use of noise attenuation fencing versus an alternative mitigation measure; · the developer/applicant demonstrates how landscaping in association with the fence will create an aesthetically pleasing and pedestrian friendly streetscape; and · details for the cost, design, financing, timing of implementation and construction are provided. The guidelines also include a set of noise attenuation fence criteria and criteria for landscaped noise berms, which are required to be met by the developer/applicant prior to the successful approval of the noise attenuation fencing. 3.1.3 Examples of acceptable desiqns Where noise attenuation fencing is justified as being the only option for achieving noise attenuation along an arterial road, a shopping list of acceptable fence design features are provided to steer the developer/applicant in a direction that is considered satisfactory to the Municipality. Acceptable designs include a variation in design materials (i.e. decorative columns), articulation and altering geometry, complementary landscaping, berming and living barriers. 3.1.4 Warninq clauses A list of warning clauses were included in the guidelines to ensure that within the subdivision, site plan and condominium agreements, there are clauses speaking to: · the homeowner's acknowledgment of current and future noise levels; · the responsibility of the homeowner to maintain and/or replace at their own expense, all fencing/noise attenuation walls necessary to maintain them in their original condition; · the responsibility of the developer to maintain/replace any required landscaping within the first three years of completion; and · the homeowner's responsibility to satisfy the requirements for a pool enclosure permit, where the form of attenuation provided does not comply with the Pool Enclosure By-law (i.e. living barriers). 842 REPORT NO.: PSD-089-08 PAGE 4 3.1.5 Conformity with Fence Bv-/aw It is clearly stated in the guidelines that all noise attenuation fencing shall conform to the guidelines themselves, Durham Regional standards and to the Municipality of Clarington Engineering standards including the Fence By-law 2000-105 as amended and the Pool Enclosure By-law. 4.0 CONCLUSIONS The "Guidelines for Noise Attenuation along Arterial Roads" firstly seek to eliminate the use of noise attenuation fencing wherever possible by offering alternative methods of achieving noise attenuation along arterial roads. Where required as a last resort, the Guidelines provide direction so that noise attenuation fencing and berming is designed in an attractive rather than utilitarian manner and is in keeping with the character of the surrounding neighbourhood. Attachment: Attachment 1 - Municipality of Clarington "Guidelines for Noise Attenuation along Arterial Roads" 843 )> "'tJ "'tJ :;0 o < m o CO -< (") o c z (") r o Z '"'C - Q) ::s ::s () -. o ::s -ace o ~cn <:5' CD a~ ..... -. ::Tn CD CD ~cn ::J 5: C -gCD ~""C o Q) 0::+ ~. 3 ~CD 0::S ::Jr+ Attachement .\ lV Report PSO-089-08 G) C -- c.. CD - -- ::J CD tn ..... )>0 ;1.'" CDZ :::!_O 0) -- _tn :;:oeD 0)> 0)= c..CD tn ::J C Q) r+ -- o ~ )> - o ::J (Q 844 OO~ m ~ ~WN ~~ ~~~. . ~~~~~P) ~~~~~. ~~~~. . . :-"':-"'. ~ WN~O~m~~WN~m~~WN~z~WN~OC~N~Z~ -i~ X 0 m(J)c-im I- )> - (J)m;o 0 ~)>om;oZ-iOJOI<<~OZ~O<m(J)~<;oo~O~r~;oO"T1 CD "0 0 :::r CD 0 0 0) 0) ..., 0 0 0'" -. \AI < CD -. 1.1/ 0 J> ::::!. "0 ;0 Z CD ..., 3 -n ::::!. ::::!. -0 ;:;: (ii' =....... ~. )> en S' 0) CD Z " 0 0 0 (") o=Z- 3 ~O)O)ICD nCDo en~""n (J) Zc ~ n ,,(J) G) c: S'"'Q. N :::!: =: m ~. CD roO Sl :J ~ (J) 0 I - 0 Z m ^ 0 0 0 c:r ~ 0 (J) ~ ~. co CD 0 0 0 (J) )> en <': m CD :E 0) "0 0: 0 --1 --1 Z -. C \, / :J 3 :J:J -... ::+. CD' :J :J"" Z - . -, -, ~ ;0 0 ;::0 m ~ co : Z -. -. 0 Q CD: en: Z en (J) CD 0 (J):" 0 0 m '" :J =" . CD -I :J :J" ..... . C -. - ,^ :J (J) m. ~ Z \AI :::.o(J) ....,..... ..-oJ. .. -..., '" --' zZ < 0 - C \JJ' oJ)> 'e' .. -. CD' 0) . 0 -. -., -i: (J) 0): Qi 0 ~ )> 0) 0): : : )> Ci5 CD : co 0 )>:)> . ~ CD ~ -( : ..., : ."":1 I CD 0) 0 :J _: : : -i -: CD m -i: I c: en :E 1.1/ <: m ffi': "<;; )> ~. CD 0 ~ 0': : : 0 I:: ;0 -i: ^ (J) : : ~. <: (J)...,: 1::4. co ...,. m en :J: :: 0) : I )> m:)> : . ~ - . " 0) -. :J iii n " Z:J . 0 -i Z' OJ 0 . : CD -i: :::J n: _~O),,:: ~: C;;---1: -m: . =I: :: ~~: ~ -1"0 CD:: "c: 0-': I(J): :J . . en 0). )>CD:J.. men' zC. ::2-' CD": : n =:: OJ~n: ZCD' )>: G): en m: : 0) 0: IZCD: Oen (J)-i: z: Z : : -g.:J: moO: m : -::. ~. . .... O' -....,. . o. . \, / . . oJ . 0 en -.'. . m: : co,,: CD CD: G): z: " . m ...,. c. ". OJ :: " : (J) OJ -. : _ : : -(: m: -CDO): 0: m: ': z: G)3': m: z: ~: 0: zen: c: 0: <. m' (J).. Z' m. < . .... (J) . : !' ~ 8L : . . . . . . . . . . . . . . moooooooooo~~~mmm~~~~~~WWWNN~~~~~ )>G') ~c 0- zO G')J!! )>- ::oZ ~m men ::o"T1 -0 )>::0 ~Z ::00 0- )>en om en)> ~ ~ m Z c )> ~ o Z 845 o.-lQ) Z ...... ~. m 3 Q. N 00.0C/l _;::+:CCD Q) o';a. Q) r O:::l - )> @Q)g,CD () C/l...., :::l ^ C/lCD;:EC 0 -<Q)Q) OCD-~ " _...., ,,0 ::r C/l Q):::l :2: CD cP !2: _ )> ....,5'=CD r o ~-<,:::l Q) _. 0 ^ 0. :::l ;:E 5' )> . co _.co OJ 3'0:TQ) C/l ;a. 5' - r 00 g -l 3Q)Q)co -< CD:::l5.Q) o Q) :::l 3l ~o-Q) CDC/l ~. ~ ;I. _ Q)<:CD -CD"'" Cil ...., CD iir C/l 0 :::l _.Q) ...., o.o.:::lo ~ ;:E ~. ~ -oco C/l C ::T 0 ;:E 0. 0- Q) = o:::l -....,c "0 CD...., = ....,.0 ::r3 o C 0 -. < :::;'0 - a:CDo.:T CDQ)~CD C/l nr 0 "0 Z ::;-0Q)00 CD " C/l CD -. !l CD:::l~ C/l0C/l~ 0-0.Q) Q)-=ii;::!a 16 g o' 0 CD . COCO":::l I~CDC CD-<!a ...., 0 CD -. 33-<g 3~' 3 - Q);a.oCD S'~.5 g -CD:::l-CD . 0 C/l ~ -l :::l :::l 0 0 Q) ococ- CD !l ~. g "0 ::r :::l co ....,~o. o - CD Q) ~. 3 ~.;I. 0.0 co CD CD .... :::l ~. oJ - Q) _OQ)- 00:::l ...., :::l 0. (3 Q)OQ)Q) :::lC""'o. C/l CD C/l C 0.-' :::lCD:::l::r ~~. Q) C/l co < _ :::l CD ::r 3 CDQ)o- ~:::lC/l::r oo._CD o -. Q) C -l C :::l co C/l ::r -CDQ)CDCD 0. X -. C/l Oo:::l s: QCD~C/l C/lCDCO Q)C/l_Om 30~::rCil CD-Q)Q).o 2. 8l CD C/l s. -<' 0. ...., ...., o.C/lCDCD Q) OJ 0 ~. ~ Cil)>co.::r . :::l CD Q) 3l-0.:::l- :::l CD go Q)o<-S- Cila.CDo.o. CD C/l CD g Q)....,-<...., o ...., CD ooo-Q) CD 303 "0 CD ^' "03 CD -:::l.... :::l Q)C/l.9:CD;::+: O"cQ):::l'< CD"'" 0- CD CD Q) -o-:::lQ)Cil ::T-CilQ) _ !a Q) C/l ~C/l~og, s: g ~. 0- ~ _.:::l - CD :::l :::l 0.. ...., Ci)' _ 0 "0 ~ - CD Q) ...., -. ....,<0.0< ~CD-CDCD _iii'm$lQ) ::r _. 3l CD :::l CD:::l 0 0.0. "T1C men Zm 00 m"T1 en Z o - en m )> ...-t ...-t m Z ...-t C )> ...-t - o Z w . ;:E""'o-"-"'OZ ;::+:Q.0S::::l0 2: CD 5 0"0 Ci)' :::l -. 0. m ~. CD . :::l _< CD~ Q)!a _0 r""+" ~ C/l CD C/l CD CD niC/lni :::l o-O:::l~C =-0.0Q) C/l 0 Q) "0 ~. 2:0a.CDg :::l3 ;I. co 3 ~ ~. Ci)' :Tc)>:::lCO CD 2.;1. 0 CD -. ~ CD 0 ~ 3 C/l ~. a m Q)n.Q)0_ CO....-....,- CD:::l 3'< 0. ...., -. ...., Q)og-<'2 :::loo.<:c 0. :::l C/l ~ :::;. a: ~ ::r CD CD.o_ 0. :::lcoS:- ~CD"'" 5'0 -<' ;a. 3 -. Q) _ C/lo o '< _.~ ::r - "0 ::r "<: -. -Q)CDO~ ~'< -CD Q)CDm:::l o o.:::l 0 o ~. co ~. Ci)' 3co CD (3 CD 3 2. C/l :::l _ c:l 3CD :::l 0 Q) < _.Q):::l CD CD -<,;a.o.;a.Cil CD CD (3 roQ)-l :::l:::lQ):::lCD::r ~. ::r 0. 0 ~ CD ...., Q) - :::;'::T O:::l oJCD"O :::l 0 :T co - ~. ~ JJl m Ci)' g' ~ :::l CD-="'" _ ::r '< '< . Q)CO CD :::lco"2."O 0. -. :::l CD C 0._Q)"'" CD'<C/l"O = 0 -.0 -':::l :::l C/l C/lCD-g.COCD C/l o'Q) 0 8 Q) :::l :::l - 3....,_0.- CDOQ)::r "0 ""'_CD CD3:::l::;-~ 3 ~ Q.~ CD:::l~~G) :::l- <c ni-Q) CD a: -<Oft~CD CD :::l ...., -. :::l C CD :::l -C/lQ)m.m o C ~C/l _ Cil g g Ci)' ::r _ Q) "0 0 CD ::r _ CD !ag~Q) C/l _co ~g. C ::r Q) _ -. ~CD:::l::TCD 0_ CD(ii CCDQ) :::l:::l;l.Vl3 9: Q. ~ CD 0 :::l :::l -. ...., co co Q) Q, CD ...... :::l CD:::l Q) Q)""'O:TQ) G)C:::l-l O-CD~o. ~ C/lCD::r (ii' fl <0' CD < ~ CD CD s. CD CD CD CD ':-' ::r :::l CD - O:::l CDo. 0 0. ......c...., :::lC_ _:::::0' Q) -l '-' Q) C/l _ - Q) -' - 0 ~ _ ::r 0 _ CD ::r'< _ :::l .... ...., C - C -. -'CD oJ :::l CD CD ...., 0 CD 0 0 C/l 0 :::l -' :::l _::r :::l Q) ~ -g. :::l Ci)' 0 Q. li5 Q. g CD' CD o' Q) "0 CD Ci)' "0 ~ 5' 0. :::l ~ co :::l 0 (3 Q) CD ~. 0<: C/lo::rC_:::l<::+Q)- :::l S. - -. CD -. 0 co -' CD - '< :::l :::l_o....., 0. - 3 co 3 co o' ~ Q) Q) CD ~ ~ g, Q) _. 0 -=: 5' 0;:::1. Q) C '< 3 5 CD -. CD 2: ~ ~ ~ !a () ::r Q) _' 3 C/l CD -. CD 0 -. Q) Q)coo-"C <~....,:::lo...., < CD :::l Q) Q) Q) 5' :::l :::l-' CD C/l 0 ~ $l Cil co (3 !a CD' O'~ o _.C C/l :::l Q) -.:::l....,- :::l C C/l g, Q) 0 0. (ii Q. :::l g Q) C/l 0. - Ci)' ~ :::l CD - CD ~ :::l C/l CD 3 co <: -. 0""'C/lQ)00 - . <C/l o Q) -. - ...., Q):::l CD 3 CD CE " 3 :::;. - - - (')::ro 0 oJQ)Q)oJ-::r::ro 0 3 :T-_Q:=CD~ CD O:::l 3 3 C CD 0 ='< :::l coo. C/lCD CD 3 :::l - 0. C/l C/l _' :::l '< CD Q) Q) .0 -' -<,-gco~oo.~C/loc::E::+ .. _ _ _. CD g CD - CD ::r ~ CDCD:TQ)- <: :::l= :::l 3"'" -. _ 0 Q) < Q) =. CD - ~ :::lCD 0::ro'<30 Q) 0. 3 CD::r - 3 Q) :::l ...., -' - -. Q) Q) Q):::l 5' co CD ~ ~ 2. 0. ~ -. 0. 0- -' Q) - -. 3 0. CD :::l 0" '< 3 :::l CD :::l - -' ...., O CD- CD -. :::l co 0 N CD _ N Q) 0 = -. C/l C/l ~ ~ :::l CD ;I. 5' :::l ~ ~ C/l :T :::l CD Q. _ ~ co Q. -. - - Q) 0 CD C/l ::r ;;;. _. C/l :::l ::r ::r _CD:::lCDCD~C/lCDCOCDCD ...... s: o z o -l o Z o C (J) o m (J) G) Z I\) . ""C C :;c ""C o en m ....10. - Z ...-t :;c o c C o -I - o Z ""'Q)- 2;1.~ C ~ :::;. :::;. iir 0 CD - ~ 3 ...., :::l CD 0 :::lQ)"O Ciio.~ . 0" C/l '<0 o :::l o Q) :::l Q) ~o ...., 0 C CD $lC/l 5' C/l co~ Q) ~ co_ Q)::r -CD CD _. ...., -' ...., :::l CD o Q) o ...., ;a.Di ...., ...., Q)o. < C/l CD_ ~~ o 0 :::l C _co o::r S:O O:T mCD Ci)3: S;C:: tJC!: rn- r-Q ~~ rnr- C/)- ."..... 0"<: ::tJ~ C!:o Or- -:b C/)::tJ rn_ :bC!: .....Ci) f:ri..... C!:O c::C!: :b ::! o C!: :b r- o C!: Ci) :b ::tJ rri ::tJ :b r- ::tJ ~ tJ C/) ~ Ci') rn -.Ii. 846 3 =rG)en 9,-; -. CD I:: I:: :r :!. 0: ~::J CD 3 CD Q.::::o I:: s:;=o en::::" 31::::JfflCD5 _::J m CD Q) -. I:: -. en _ 0 ::J Q. ::E CD "e5" o "0 = ::E ::J Q) ~Q)-:rl::;:;: O;:;:enCDQ),< ~ '<..cE CD ~ 0 -en(Q g_ en CD Q) - en;:;= ....... 0 ~m-CDCDiif o..::J 3 3 ~ ~. Q) (Q CD Q) -. ::J .., S' _ ~ ::J (Q 0.. CD :r < (Q 0 -,... 0 CD -'::J O~o..en::J .., -. en (Q ::J::J Q) or CD O(Q 9, CD <::J (ii' C"' ::J 0 CD CD(j)l::o~@ Q)CD=- = ~.,Q:Q)9,'< CD<;::J 0.. ::J O'(Q < 0.. -. I:: CD -'CD en Q)eno~eno - ::J '-J -.0 o' Q) CD cg ~ ::Jo::J Q) CD CD 0.. ~ en (Q ..... -OCD ::J '-J CD -. - en OQ)::JOI:: S' ~ :r _::J g: =r (Q3~-::JCD . CD.....:ren ::J Q. CD' I:: "",:::Jen_en en (Q CD ::J CD "Tl cO' t:_ .., CD I\.) ./ "C a ~~ o CD < -c.CD :Tll):E CD _ ll) 0" :T~ -CDll) 0'-' ll) CD o " Ifj ~[lJ ~~ iil lots Facing local Road ./......, - '.',-'. ., .....-- \ . ft t /:\ CD I 5" ::; :5" co ~~ <: III ~iii c:lz (t 0 2~' ~.~ ~~ 0.::1 (Q -, 111 J --..._- Lots Facing local Road -'-\T-n""" - --., I o - en "T1 I>> !2. ::::J ..... -, 0.. C"' Q) r g~CDCD~O o..l::~~~Cii Q) 0.. CD CD iir 0 C"'CDo..CD-Q) s.~..,::J(3::J ~Q)CD_Q),..,... ::J..,Q)~o..~ (Q CD ..... '" .., '" - 0..,< _ CD N :r0..Q)'" en 0 CD ..... .., Q) I:: .., -. 0.. ~ ;:;= ::J CD <. -. -. CD Q)CD O::Jo.. .., ::E)> (Q Q) ;:;= Q) -.- o '< CD ::J ::J 0 :: _en 3 0.. s: en ::JoQ)=rCD"O ~""'~CD:r~ .....CD 0:::0; ~ 01::'< .....O"I::~_ ..., r"'t- ...., ::T" (Q <' 0.. _, Q) ~CDOCii_ Q) ::E Q CD _ (QQ) ::;;:r CD '< Q) C"' CD Q) 3CD o ~ CD S' ~ @ @ :!. (Q g en::J-<:'-_ en (Q :r _CDenCD,< (33"O::J~ 3 CDo Q) Q, 0.. ::J en S:CiiCDCDor CD -. C"' 0 _o::JQ)CD oo_~_ o I:: :r -. :r ~o..CD~CD )> :::l CD ... D)' ::0 o I>> C. ,J::. -" o ;0 m (') -l "Tl ;0 o z ~ G) m r o -l C/) Q) 0 en "0 zen s:; ~ 0 I:: .., 0 I:: _. CD ::J 0 0 -. 0 ~ ::J en :r"O en :r (Q I:: ~ CD CD Q) Q)I::Q)~-Q)!:!: ~Oen'<CDeno o~ 0< ::J ::JoenQ)~::E3 _ ::J _. ..... 'ft ft, CD' -......"~CD ::J " CD Q) -. en Q) o -. - ::J - en -. (Q "0 en I:: ::JI::-oo~.., (Q.....Q) o "'CD ::ECD5g3~en o ....... -. "0 CD 0 I:: (Q::J Q) = en Q) -= 0Q) ::J o..c- :r::::J Q) C"' en -. 0 ::J C"' CD~~~CDo..CD CD ~ ~ CD ::E C"' S' ,DCD;:;:o..;:;:CD_ l::enCD-:r"':r -. o:r 3 CD CD Q) 2" (3 S:;_en 0..0"'1::0 0- , - ~(Q m 03 ..... _ :r .., Q)o..Q)enoO Q"CD;:;=iiio- -'~.CD ::J 3"0 o (Q .., 0.. :r _::J ?, Q) Q: '< o ~.....::Jen .., Q) <' 0.. ~ o' ::E::J CD en o.Q) :!:0..3g::J~ o CD .., :rgQ)"o =rl:: ::J = en ~, CD Sl Q. Q: ~ D3 CD ~ en:JCD_OCD CD (Q en CD =-" en -; :r CD 0- o ::E S' ea (ii' Q) C"' ..... CD' - 0.. CD en o ..... -0' - 0' :J o - - :r CD 3 :J Q) -'- o~::J::J (ii'CD en 3 ....CD::JI::Q) -5i~::J r<;:oo~~ '< CD $; CD ::;' 0 0 Q) 0.. en ::J Q) CD -.::J CD en 0....... oc3.......::E< enO-- CDQ)CD CD ::E ~ ~ =r ::J '< 0' ~ en 0.. 0 Q) Q. Q) "0 ;:;:~en~-::Jen3 -. CD Q) =r ~ CD < CD (Q 0- :J CD_ CDCD-; _ Q)en -s:;:r30 ::J ~ I:: CD -, Q) 0.. en :!,3 :!.~ I:: Q. 0 3 en en "0 .., N'- CD Q) CD CD :r en ;:;: 0 0 CD '<0"'1:: CD3CDo- ~3=Q) 003::J I:: 2. -. _ @,<~Q) (QI::-Q" CD en CD -. enCD_o Q) 0.. :r 0 .., Q) CD ~ CD ;:;= I:: CDenC"' 3 CD CD ~o~ -. - en < ::J -. CDo(Q en _.::J _en CD o CD 0.. ~~.~ < ~(Q ~~ o' ~~::J 3 g 0 CD - ~30 en CD I:: Q)Q)3- .Q:~Q) Q) .., 3 o CD CD en Q) ::::J ::J -Q)o.. oeD,. Q) :r ~ -. CD CD ~ ~.O s:; ~-a 5 (3 Q 9: Q)Q)"O o..CD~ ~o..;:;: '< S' 0 0- o ::J- CD ~ ::E S' (Q .., - CD 0 en ::J 0:- CD ::J ::J 0 - -. iir ~ ~ . o m en - G) Z (") o z en - o m :;0 )> ::! o z en G)3!: S~ 0_ J!!Q SiE" rn~ C/)- 'l1..... 0"'< ::00 :c:'l1 O~ Ci):b rn3;! :be: .....G) rr:..... e:o c::C: :b :::! ~ :b r- o :c: G) :b ::0 rr: ::0 $; r- ::0 ~ o C/) ;g G) rn N 8117 "'T I 'Oo..en'O~~ia~ ~ !!t ~ ~ CD (t) ~ S' ~ S' - (t) 0 en :::!. (t) 0.. en 0.. (t)-(t)(t)W30 0 30en~- ~_~ en'O CD _.0 CO 3 W a 0 _. '0 CJ) (t)(t)O'oww:J..,~ :Ja:J-o..=o~(t) ~ CO:J ~ _ _. S- W en Q. 0 < ::T g. en_ =::TStenCD_(t) - '<0 (t)(t)w 0 WW =c -"':Jo'" 30: w(t)<:(t)o(t) -. W:::: en S. co-' (t) en - ::+ (t) :J en-' (t) -, (t):J 0.. ::T en :J o..:J..,cooO" co _0 iirw'O <: o-CD o 0 - -'0 < C 0 I .., o' 0 .., _ o '0 .., ..... ::+ en ::T _. 0 :Joo.....c~o:Jw (t)"'w_:JCDoo..o.. C" !!a. 0.. (t) ;:;: (t) 0.. <' (t) - CD en :J -. -, _. 0.. o . o(t)o 0.. o -. en 0 c .., 7' en CJ):J .., (t) W 0 . ii) c co - !!!. en - ~ co 0" W 0 o..cO'::T en co 0.. :J (t):J 0 ~ s: 0.. CD '< S' 3 ~ (t) en 0.. w co CD~. 0.. -. 0" c.., en W o(t)oo.._ 0 :J::::(t)en::Tw(t) en (t) n, (t) :J :J (t) 0.. .., ... 0.. _ <CDo..StO"O' _ -. en CD CD S. 0 w 0 g cO' :::!! !:!: W W :J:J<:J-<::+ (t) -. co .., (ij' (t) a w - ~ - g C :::!. W:J::TW~o..~~ o..o..CD_", ~ Z o o ~ (J) -l ::u m m -l ", cO' \ c -. CD ~ :::0 CD Dl -. r- Dl ::I CD )> -. -. Dl ::I <0 CD 3 CD ::I ..... 'T1 cO' I C (j) 01 Z o ::I en CD ::I C/l ;:+ <' CD c C/l CD CD c ::l:, CD -. r- ~-, -:~ ~I. 1- -- Ii; I :_~Ii i~ :Ttl> o~ Cr- -.. ~5 g,~ ":r ~o' Ol~ !~ ~.; g~ i! ii: 2. -jjJ an .. ~ 0.- In a . " Et '" <t :J 0 S' r .j::. Q. CD ~ g ~ en w ;:;: w (t)etc!:!: 0" !:!: :J WWoco .., :J :::!."7"'< Dl _ (t) ~ - (t) .., 0 Dl en -o..:Jen oCo.. .., 0 en CD !:!: 0 (t) en<'O:J _.(t) (t) en g.Dl:J~ :J:J en < !:!: 0.. '0 (t) W Dl ~ W::::(t)W CDQ)C/la WOW en~oc O"(t):Jen (t) co (t) ~~Dlen aCD::+en . (t) (t) C .....:::!, 0 ~Dl::T W .., 'OOw CD W en wo.. :Jeno 0..:::0 W =3 0::T3 -(t)CD w-'" en '0 Q, _W wo~ - - - - r m (J) (J) (J) m z (J) --l < m ); z o c (J) m (J) - -O"W O"St~;o .j::. ~ (t) g S. (t) 0' m N ~fJ(t)""':J~'" c~'O(t)-nr en ..,(t)::T:J (t) (t)o..(t)(t) <-g~O'o..en (t) 0 :J .., ~ _. ::T 0" 0 (t):J o' (t) (t) E = .., c 3 -.:J (t) W en ~ en co !!!. .., o(t)eno.. WDl:JW.....(t) o -co - 0 :J 00 et_!:!: (t):JSt:Jaw en co (t) c :J en W_W ...... ::::T en 0: -'CD o -...... 0 0 co .., :J :J wen ..... ::T (t) _ ::T (t) _ 0 CD ..... (t) W <. :JSto" 0' Q.. --l Q. CD S. ..... C ::T:J !:!: <: 3 -. co W :J < (t) en ::+ co o Dl (t) C ~:J :::!.w -~oo..w::+ o..w c -(t) 0" 31 0.. Q a :::!, (t)o (t)DlW - w!!to.. a St (jj' S' - a 3 a 0 co ~, ~ .....cwDl3en ::T co = en S' <: (t)::T(t)_w< .., ::: :s. a !:!: g (t) ~ !!a. :J :J _ ~ en (t) (Q co 0.. - - .- -$ - ." AI n S' - I / / I I I I / I I , / / / - " cO' t: -. CD ~ ~ ::I 0- o ::E en ..... (j) m. )> -. -. Dl ::I <0 CD 3 CD ~ , .-! ~ I r r-- \---=1 ..---.U.L-. ~ t.! __~. ~.--.~t /<< \11 i~~--q I ~I' ~. I =1 I j' f-<r'-l----- - 1-' I =1 (II !-'-, '----1. - I 1-. 1- I, .1.: --~ ~-ll- _: -~ .p- 1_] f ~T-~ :- ~l - . - ~l--c~ fl_ /'- I "~ \ ""1':': \=: , \ I . . .-:-. - 1T11illl ' ' , IT-j'! r '--:: i'~ 'il ./'/- II .. :; :;l II I I l..i iil *, a. - _...:........ ~~~ ' ~.~l!l-; TTTT"" ~;g. -; 'I' g, g !!l I I III I --, ~:.> ~ __ ,. 2l S' iil --, I .+-;--11 I'''' ~ g..... ---j "- ", - ~ ~ ~ I -l i 1 . a"" g, ---. \, . 0" ~ --I I " .t....J-.. I.l) ; > _.~ \ ~- ::J tJ . I -- ; - ~ ~ 1~ . \. r. ~ ~ - I '-:( ',!:. :;' :l ~ ','.). _. It>. -----r ! -g -.... ......-.7 :t ~ If..~. I ---1 " _ _ __1 ... "-":~",.."}','-i i ~.:~'- <~'?-./' i ~ .t-__ " f - ~- ......... / .. I \~-:).,)';: ... , '- '-. ::u m )> ::u ); z m (J) G)i: s~ t:J_ I!!Q ~~ rnr- (1)- """i .,,-<: 00 ::0." ~(') Or- -:b (1)::0 rn_ :b~ """iG) n1"""i ~O c::~ ):; ::! o ~ :b r- o ~ G) :b ::0 nl ::0 ); r- ::0 ~ t:J (I) ~ G) rn w 848 3' CD 0' ~ g- ~ "0 "0 -. 0" < ::r (j)g,g-9:~~ 3- :J<O CD ::!: w'"O - ...." -. CD :J a ::r'< 0 ~ 0 CD 0) :J 0) w' 0) :J 0)"0 CD :J 0 0."0"0 0) ~. '-. ~. o' S, ;::+c~oO)(j) ~3::!:s'a:J :J en - -. C 0)_'<0<0) _O)_:J<_ <':J 0 0 = o' CDg_..., :J ::renO" :J en CD -'CD 2. _ en (j) CD' ~?,'s'''2.CD~ ~ w' 0).0 S' 3 iii':J~. co ;::;:300)"" <0' 0) ::!:"O CD -. 0) ,,0"0 a. en ::!:CD:JaO)_ o O<_::r :J;::;:_O) CD en-- 3c-0)::r0 CD:J 0)"0 CD:J ~ CD :: ~. a. '< CO):JO..., ""en 0)0)0 CD 0 0) ::!: ~"O en :J"O 0 ::!: co)_:J"Oo o 0" 0) en ii)_:J ::rCD5Di:J -.co - 0)_:J CD o::r en oco_ _CD ()'] ~ N ---C:JO ::r ::r CD "0 0 CD CD :J 0 -. ~ o:Jg:J~O) ::ro - 0) w' a. - 0) ~ ii3CDCD::r:::: o _CD CD a. -0)0) .....CD CD - -. .... ..., (j) en s: C ~. O:J cs'co - C 0) :J -':J _ 0) en -. 0 ::r _ 0) Q.:J C CD o' "0 _"0 0):J30)CDCO a. _ _. ;::;: :J ii3 '-. CD :J '<.. Q. a. O):J -'en:J CD g03 COen :JCDCen -en3-enO) :J::r O)::r :J CDoen:Joo. -. C - a. C co_O) 0) a: a. ::ra.:Ja CD 0".....0. .....0 o ..... 0) ..... 0 C CD"":J CD..., ...,...,P-o S, ::r CD -. a. -. O"O-!~CDCD< O""::r",en CD -. P-enCDO)tgg CDo.::::CD- aCDCDa.3c 0) en :J ::!: -. C 0" :J CD< tg S, 0) en _.en ooOCDO' __:Jo...., coz CD 0 :J w' ~ CD S,O) CD- o.(j) -:J ..., C o 0) 3::!: ..., 0 o :J 0)- a. CD ~ :J Q. :J co w' CJ1 W "'0 o r () m C/) O)-O)-!"O ::l- 0 :::: 0 ..., CD CD 0 ::!. 3 :J CD g O)CDc:J en :;- CD S, 0 en o - o' g 0) :J :J ii3 a. 0 -co w'~ CD CDo_ CD::r 0) en CD ::::O)c CD :J en ~o.CD 0) 0 0 -:J_ 0'';: a. :JCCD en en CD CD <0' .0 CD':J E:Jo) ""0- CD -. CD 3 :J ..., CD co :J :JO)S, - en -. enO)~ 0) 0) en oen- :J - 0 CO"":J CD 0 en _. O)Oen :J ::l- CD ~ N N ~ CJ1 N N ....... CDffiCD~d ~ <o..g CD o ::r ::;. !2. 0) :JO"CDeng. 0) 0 a. 0 -. 0" C 0) CD -..., "0 < CD::rO) CD CD 0.00. CD 0 '-. 0" 0) ~. ~ ~ '< :J co CD 0) :J-:JCDCD ena-ijl~ Di3_c::r :J 0 ::!.CD a. CD :J::!: O)X coo ...,00) 0) o.CD::l--= . en CD ::r '< ~. ::!. s'"O < 0) - CD --CD ::r0) :J...,CDen o 0 S' -. 0) :J co en 0.0 CD en w'O) 0) CD:J :J "0 a. 0....,0)'7"'< o :::: ..... _. - CD CD enCD:Jo. oS4.cCD -en!a~ r-o+ -. -., ::r ..., 0 ni" CD CD :J :J en ::r -. - - -. a. CD ::!. COCD:JCD ::r:J0:J CD ::!: -. a. enO):J- _ _co '< o s: - en 0" -. - 0) <"0 - - 0) en 0) 0" 0 ccQcCD3~::::CDa~~~-CD""~~CD ...,..... 0" ..., "0 - CD ~ -. 0) .... 3 ::r :. a. 3 CD C :J c"Oo 0 a. CD - 3 0) 0 - -<' en a. C 0) CD Q _::r 0 3 -. ::r _. 3 CD 0) en en - < '" en !2. 0) :J "0 CD en n, CD _ CD CD CD :J 0 -. ..... en 0) -. .... a. -. - a. - 0) 0 .... = O:J a CD 0 CD::r -::r 0 0 "0 0) e:::r -:Jo.:J _ 0) '<"0- -s'Di' :J CD "0 0 CD.;: 0 _ a en Q 0'= 02,03 3 ~ ..., CD 0"0;::;: :Jen ~enoCD3::r :J::r - 0 CD :J - - CD en a C ="0 2. 0 en 2. 0' - _. :J CD CD en ~ ()CD"OenO..., aO)oO);::;:...,O)CD_ 0) a. 0) CD g - :::: - :J '< CD ~. 0) 0) ..., :JO)en::r O)CD-a.O)"O:J_:J S' - - CD :J:J 0 :J CD co (j) a. cog-QCD2o. O)fficB a. en :J~ 0'< :JOCD;::+_ -CDO)CO) :J CD 0 C ::!:~. CD o' -CD ::r a :J s,"O. - 0 0) 0 co "":J..., CD -. a. _. ~ O:J-:J :J 3 :J 0.... 0) "0 a. o' _:J S, --. f; co :J co :J 3 0 :J 0) _ <_. CD 3 0" -"0 _~. a. CD 3 :J -. :J 0) ::r CD CD -' :J _. CD' a. :J CD 0 0) :J CD a. :J 0) :J 0) -. -. 0 en :f -- _.:J -:J a. :J:J a. 0 CD CD en '" C Q. 0) 0 CD co CD- CD::r en 0 '" 3:J:J -. en en 0) - < co o.:J _. 0:J -. ..., ::!. < 0 en cp co..., 0) co 0) 0) = 0)' ;0<0)<0 :J:J :J0:J ::!: CD < co < n, - 0 _ - 0 0 co -. ..., -. .... -. 0 en CD ::r CD ..., -. :f CD :f"O 3 - ::r CD ..., _ CD :J g CD3 S'~' S' :J 2i a 3 a~' CDs' ~ co 0- CD:J;::;: O :f CD :f 0 0 w' !:i :f :f a. 0) ::r _CDaCD__ CDCDCD aCD'<:JO) 0) CD S, :J .0 (j) en E:Jc CD C 0 a.s,::r - o' ~ o:Jen _CD CD en :J ~ Q. ::r :J CD co CD -() ::ro CD C :J 0.0 CD= < en CD C 0"0 "0"0 CD 0 ~::l- 0) en "0 - "O::r =CD o C 0) en aCD ~a =:J o 0" W . CD CD - ::r CD 0) en - ..., CD en o ::l- 0' 0) a. a. CD en en :J o w' CD ~ o OO)-! OJ o :::: 0 C-. 3 CD m 3:JCD () C ffi:J -; :J ::!:::r < ;::;:00) CD':J ~ m en CD' CD C/) 0) :J -00) 0) S'~ :J co 0) 0) CD CD en :J 0) 0) CD ::!.. en '<enen ~ eg' 0 <8 ~- CDo_ O)::r oaCD -a. CD -. :fen 3 CD<o'-g o.:Jo CD CD- ~ CD 0 -3- o CD "O:J:J 3 - 0 ~ 0' w' _...,CD 0" CJ1 CDO)oo.o ::::-CD:J .gCDO)eno _.:J 0 CD ..., C ::!. CD 0) "0 0" - :J ::!: 0) CD CD::r 00""0. w.:J g -.a. CD -:JCD CD' 0) :J :f (f) ~. ::1:0 CDCO CD _.CD O:J :J:J ::!: n, ccoO'o~ O)O)=:JCD ::!:_0,J::."" oo~ :J :J :J -. ::r 0) . co :J n, - co <: <' 0) CD CD ::l-~O"en ~=CD-O -. CD ~co :J :J o 0 a < 0) -. 0) CD "0 CDen """0 o.:J=O) en CD_ -:f a. CD QCDO':J C :fo.:f!a o CD CD -. enen 0 CD -. a. :J co CD O):J<CD' CDoCD~ 0) - 0 -. en "O:J _53cp ::r -. CD 0) en :J 0) _CD_en ...... < C/) o z 0" ()'] ~ -CD 0 )>0.0. a. en )> - CD ..., - CD CD -.;::;: :JCD-o<<~CDo. Q. S4. ~ 0 CD CD..., CD cB S' 0) 3 0- 0 .g a. 3 co_"O"O"OOCDo - CD ~ 3 3 ::l- ~. ijl ..., 0) CD CD -. CO _ 32::!::J:JQ:J~ 0)....<--.... ~ S' ~ CD :f en S, o' -CDCDO)OCD~:J 0) X-CD ::r S' :J 0) -. CD a. -. 0 -. 0 en w' 0 - cB w' ~. :J ffi Q ::r o::r CD:JOo.CD O)O)_'"'!" "O""~ O)_::!:O)O"O)CDen :JCDo:J'<:J~;::;: o.:J:Jo.:JO;::+CD Co 0'< 0 ..., s, - w' S' _. 0 CD -. - CD :J:J "Oo::r - en O):JCD O)~ ::r o 3 :::: 0) 0) -. "0 CD 0 :J _. :J CD::!. :J"" :J COO) < C Cii enS, 0)5c :Jf;CD ::!:;::;::J"2. 2. m 0) g '< CD ~ en:J -'0) CD CDO'a. CD'CDen_ _ "0 :J a. g 3' !a ::r C Q. 0" 0) ;::;: -CDO" :JCDO"O) CDo= C02"-- :J 0 0 < CD o' ffi en 0 0) CD :J -Ciio :JCDO)en o' ~ a. :J :J 0 :Jaen 0)0)a.:J G>Z CO -- COO mm C)> Z-I m-l oom Z C )> -I - o Z "T1 m Z (1 m !>> 3 :f 0) 0 ,<en -. CD :J 00. C w' 0.0 CD C _en ::ren CD CD _a. Q.O) og ~. < :J CD co- S' - ::r CD a. CD < CD o "0 3 CD :J - '-. C en - =+; o' 0) - o' :J c.n G)~ Sc:: O~ J!!n ~~ ~t: -,,"""f 0"< ::00 ee-" 00 _r- en:b rn~ :bee """fG) rT:"""f <:0 c::ee ):l; :::! o ee :b r- o ee G) :b ::0 rr: ~ :b r- ::0 ~ o en -! ::r CD ~ G) rn ~ 84G 00--00<. "OO)CD::r<. L\)::J::JO)::r Oo.O-CD CD 0. CD - ::J - CD (ii' 0- ::J 00. CD L\) -.0) 0 o ::1. - (ii' g ~ O' g CD o O'C 0) 0) 3::Jmco= 33coo.~ oO)o.oc 0..,< _ .... 0) L\) 0...._ (i) 0- 0)"0 O' 00 CD < .., ::J o -. C .., -. D1 m OCDo._ ::r.o 0) CD g L\) C -. ;:+ ::::;. 3 "0 ::J -. CD 0 .., <0 o o.::J 0 ~ _ 0 -g (ii' ~00::1.'" ~"O ::J'<~ .., 0 C _ ~ C 0 -. CD _.OO::J (j) g g- !!l. ':< _0. -. .., cP~m~s: CD en ::r CD .ooCDm cO)(j)::J 0)"0 0 co _CD 0) CD 01 01 01 01 01 ~ 01 ~ w D1-1 ..,::r CD'CD 0.<0 _CD o 0 0) 3 < CD 0- 0.:-< o 0 .., - CD_ ~::r 5' CD <0 ::J 0) 0 3 ~. o 0) ::J_ g.(i) o ::J ::J C o 0) C~ 00 0 00 ::J - .., - CD CD CD ::J -0 ~ CD 0) 00 "O::r CD 0) 01 ~ I\J 01 01 ~ ~ ~ z (j) ::r s: Z 0 00 ~,O) 0 CIJ -, <0 ::J (ii' 0. ::r CD m CD_~ ::J . 0) )> gO) N= ~ -0-3 CD ~ O)oCD::J m ..,<_C Z CD CD .., 0) 0) CD ~ C ~_ooO ~ 5' O)::J -, (ii' a m 0 ::r ::J Z ~ ::J Q. O::J 'T\ <0<0 m <0 .., 00 Z (3CD::r C ~ 0) 0 ::JCD= m 0.'" 0 _<0 CD ::r ~ ;;0 - 0) CD --' CD ::J.., -, D1 N 0) m ~~'< ;;0 g ~ 0- )> 3 CD 0) CD ::J o-c !:t 0 _CD ~OOCD ::J _.00 <O::JOO 0- CD ~ ~ w 0) 0. 0) 0) -I )> (j)(3aa~ o)c 00 ::J <0 0.. 0 ::r CD 0 s: (ii' - Q, ~ C CD -o..CD::J o C 0. o' 0- CD 0 -. ~ "'c::E"O 3 ~ 00 ::+ 0) ..... r+ :J'" 3 ~m~6:* :E UJ 0 (1) ~. 3~30 Ui 0) 0..!2:- 3 _. ::J ::JOOO)-C co ::r.., ~::rCD 00 ::Jco - 0) 0" ::J 0- ::J 00 o::J CD o _ - Q. 0 CD::rOOO ::E O)~ECD ::JO)!!l.0-3 0. .., CD CD ~. CD ..,.., ::J ::Joo~3 - ~L\) ~ ~' :: g (ii' ~ o _, 0 OCD mo CD .., .., _0)0 ::r::JCO- CD"-ooCD 0)0-r3-1 < CD 0) CD::r Q. 0) a !:t CD 0. ;:+ 00 CD 3 3 o' 0 00 0) g ~ ~. 'Q, ~. o _::J 0-3 -CD<O 0) C go.O) g:3 '<o::J -00 -. .., 0. 0 - ::J<o 0 ::+0)'" ~"O oo..,_3CD -. ::r 0) CD CD CD <0 "0 0. - .., "0 CD::J (j) ~ m < Q. Q, CD' .., CD 00 ::r::J_ 0) -< CD ::J O)~. 00 O:;:t <O::r CD <: = ::r 0) o ~ :- = _C o 0) - =r cr .., ::J CD_ CD CD 3~ CD ~ !:tCD CD 00 OO::r 00) ~ 01 N 01 01 01 01 ~ 0- CD W o ;;0 ~ m ;;0 )> 'T\ o ;;0 );: z o CIJ o )> "U m o z o CIJ m OJ m ;;0 s: s: ~ CIJ w o 3r CD 0) _::J (j)o. CIl ~ -'0) ::J"O ::rCD CD 0. cO . ::J ::ro - -' . 00 CD 0- CD 3 00 CIl ::r 0) ~ 0- CD ::J o <0 .., CD 0) - CD .., 3 CD 0) ::J ::J <0 W ~ ~ 0> 5'"'Q Z CD -.0 < -. . 0) 00 co CD "OL\) .., = o CD "O::J CD C ::1.0) '<~ ::J 0 o ::J C'm ::1.::J ::r Q, CD ::J "'<0 S:oo O)::r ::J 0 oC wOO 30- CD CD - .., - CD 0 00 0 -0) .., - o CD 30. 0) 0 ::J ::J '< - - ::r g.CD O::EZ -::+0 ~ ::r (ii' (10) CD 3 ::J 0) CD 0.= _CIlCD .., 0 ::J CD 0) C 00 "0 0) CIlCD- C 0.-' 0- 0 ~, 0- ::J CDCD_ o .., CD -3::J o CIl Q. _-::J ::rO<o CD 0) 3 0) 0 0) 0-0,< ~30- CD !2: CD .., ::J CD CD C .0 0. 00 C CD ::::;'30. CD 0) _' 3 ~.::J CD 3 0 aco CIl 3 2. . C ::r::J CD 0 -. - <0 -, ::ro _::J 3g~ o 3 -. ~ CIl en-"O CD Vi 3' 0) CD CD_ o.a(i) _O)::J ::r -< C .., 0) g"O ~ (00)0 ::rro::J o = CCD_ - CD -O::J ::r-o CD 0 -. 0) 0 ::J 0.0<0 >0-, C 0) .., CIl g _00 ::r a.3g 0.0)- CD-o. < ~ CD or 5' o -0 "0 _00 0 3-'" CD 0"0 ::J .., 0 _3ii) . 00 co 0) ::J 0.0) 01 ~ CD ::E-I ::+::r ::rCD ::J -' 00. -.CD 00 L\) CD- 0) ::E ::; -. CDo. ::J- c::r 0)- ~o o .., ::J - _::r CD CD ::J o 0) -. ::l ::Jo. <000 CIl 0 ::rL\) 0)"0 =CD 0-0.. CD 0- Wc oar 3 .., CD L\) !:tZl m 0 o 0)' - CD 0.. 01 W 01 o mmr ~ (j) ::J ::J 0) O)o.o::J _ CIl -. 0. CD 0 ::J CIl 0)0)<00 ::J"O CIl 0) CD ::r"O O)_o~ "OCDC -g~o.m 0) C _.0) =(j)::JC' ::J 00 0 .., <0 CCD CD CIl 0. CIl o.CCDO) <0 0 n, 00 CD ::r.... 00 _0)00 o CIl 0 Q. S:0-3~ CD CD Q: o.CD ...... .., ::J o ~. ~ ::E 3 ::J o' ::+ 3 <0 ::J ::r coo::J ::J .., - Q. ::+<CIlCll ':<CDoCD <0 ;:S! 0) m.0)= 0) ::J CD ~o.::J o C ::J ::r 0) - 0)- _ .., o' o 0. ::J 01 f>- (Xl 0)0.0.0--1 (j)(3~CD::r 0) C _' _ CD . <oo.O)s: ;a:gac - Vi ~ 2. Q.. 0) Q. CD _"0"0 ii)(j)~~ ::J CD CIl "-OO::Eo.: -O)::+CD ~ ::J ::r 0 0.0)- 3C1loS: 0) ::r 0 CD 5'2 3 ::J co 0- 0- Q. ::J CIl 5'CIl 0) 0) CD ::J s: ~ 0) (0)0- CD_::JCO 0) 0) 0 ::J ::J..,_C o.CDo~ ::JOOOO 0) 0) 2. ::J ~ ;:; m -CD < .., CD_O::J o C 0 OCDCIlCD r+ @ Q.l 00" ::r::J::J_ CD ..- 0. 0 01 W ~ (ii' m 0) 0.: s: g Z ::J ::J co CD CD ::J Q. o Q. .., a 3 CIl CIl - ::J ::J ::+ CD (ii' CD =<0 0) '< =_ 3 ~ CD -, 3 CD< O::J 0) COC 00-= o.CIl CIl_::J CD CD _ oo.::J - - CD c o 0- 0 _ ~ <0 n, "CD ::r~CD~ _ CD CD -. 0) o' ~ 5- CIl::J::J O)OCllo. 3g~50)m ~.CD 3 c CIl::J ::J - 0 -::J C o.-g CD ~CD::JO)::1.CIl Q50::+CIl ::JCD'<CIlOCll o 00 (ii' - ::r CD~ -0)0 0) -< ~. 5' ::J S. ::J s: 0 0. 0. ::J 5' Q < 30. CD CD "0 (ii' ~ ii) .., 0) CD -. = 0 '< r::J < -' 0) 0) <0 0 0.: g::::aO)OCD E~CIl 3 g-c~~30' ~"O CD c .., 0- 0' 5' Q. 2. S. ::J <0 ~ -< 0) 0- 0) OJ CD .., 3 ::J <0 ::l o o 2. c ::J o - O' ::J ::E ::+ ::r ::J o (ii' CD m ::J Q. ::J <0 -I .., CD CD <0 .., o c "2. ::J <0 CIl 0) ::J 0. -.. o .., '0 m ::J - 5' <0 CIl s: c ;:; -0' CD .., o ::E CIl o - - .., CD CD 00 01 ~ -...j CQ3~)> CDO)-- 0) _,CD _::J::J3 CD-C ..,CDO)O) . ~~- ::J 0 ~ o ::J iii' CD_Ui CD =l'::J CD Q.c CD ::J CIl <0 CD _. 0. m::E =5' CIl "00-_ o)CD::r ::J CD 0. o C _..,0 0) 0 s:o-::J -.CD CIl ::1. !:t '< ~.~ (;)s:g 80)::J ,<'00 CD"'- 0) CD CiJ 9: ::J o 0 - -' o CD CIl .., 0. CD ~ ~ 0> 0)0)0 =::JCD <00.0 ::Joo 30'" CD _.0) ::J::J~ _0< o 0.: CD -CDo S:::E0 CD ::+ c ::J ::r 3 O-::J (ii' ~ CIl CD 0) _"0 ::J CD 0)0. ::J ::J o CD '0 ~ Ui 0 O)!!l. ::J CIl 0.::E o -, ::r= 0)0- ~CD CD CD CIl < -'CD ::J ::J ::r-< o ::J.CIl N'O o 0) ::J 0 -CD 0)0. 01 ~ 01 CIlOZ -< - 0 -0 -. CD 0 CIl o - CD _00) _c_ ::r"'- CD CIl CD - ::J 0) - C 0. CD 0) _.x ..... 0) --. o c 0 CD (j) ::J aOOm ::J 0) ::J CD o.::J Q. cO' ::J :::r '0 co o-O)CIl O:::::::r c CD 0) 3-3= 0000- g,::ECD . -.0 -0 ::3 ::r'O CD 0) O)~ ..,2: o CD ::r _. ::+::J CD_ SlCD C .., .., 3 ~oo 01 W W G)3f: ~~ 1110 t::i; ~):l. rnt: ."..... 0"< ~o ~." 00 _r- en):. 1l1~ ):.~ .....G) n:I..... ~o I:::~ :b :::! o ~ ):. r- o ~ G) ):. ~ n:I ~ );; r- ~ ~ t:J en 01 ~ ~ ~ G) rT1 (J1 850 - o o o 3 0- ll) - - :T CD o ll) :J '< o :J .L ~ CD CD ~ o - o - CJ) ~ ~ :::0 )> --l o Z z :s: )> --l m :::0 )> r (j) en 01 i:J1 m >< )> :s: "tJ r m en o II )> o o m "'C -f )> OJ r m c m en - G) z en ->. ->. ->. o (/) r "0 ):> :Tll)0= ll) 5. n:"Q. o-(/)CDll) CD~(/)a: ll) "0 0 :J "0 CD 0 co "0 :J(/) "'0- o CD e:!. ~ < (/) :J CD -'CD ll) a.CO a. = 0- :J _. 0- '::. G):J CD :T C _ _. CD -':T:J g-CDll) s:=~0 C :J ::::.. 0 :JCDCO n: (/) :2. a. ..... Oll) Ii) 0' -C' :J ~ ", e:!.. OCD '< en;:;: o ;:;: '< :E - CD _. () 0:T 5' - "U - ~. ll) ():T o 5:J-CD o co:J~ :J -0 5' 5' "0 c' :J co co ll) :J -:J U ll) 0 !:!: o' :J:J_ :J :J a. (/) co :Er -.ll) -:J :Ta. a.(/) CD 0 o ll) 0"0 ", CD !!ta. <' :J CD 0 :J (ij" o CD (ij' 0- CD CD ll) ", ===3 CD (/) :J C 3 !!tll) 0''< :Jo- -CD CD :J C o (/) -'CD cEa. 01 01 :TCO Z CD 0) ll) "'(/)c o-(/)", ll) CD ll) o(/)= CD - N o ll) c:E!:!: (/)=0 -a.:J ll)::!l '<00 ~:E- . CD- ",:T (/) CD CD :J 0" 2. . (/) -.CD (/) 0- CD CD ~ 3 o (/) C 0) ~. coa. CD CD a.(/) -0- 0"0 o CD Ci3 :E ll);:;: co:T ll) nr :J= 01 0, (0 "O--l CO:T ", 0- CD -g CD ~. (/)_a. CD CD CD (/)=l~ ll) 0 0"0 ~CD o -- o ll) -0- 0) CD "0'" 3 :E -. ll) :J -- CD:T ", CD -< o _. ", 0 :E ~r ll)- -'< CD 0 "'- o ll) Oca ~ CD CD _ < Ci3 ll) CD !:!:(/) o _. :J (/) 01 i:J1 CD 01 01 -....J ll)~"U :J 0 ll) a. "0 :J ll)CD- c5 5'3 -. ll) a.o_ a.a.~ -< CD iii' . ", - 5_(/) coo:T 0-0 cll)c -"'- OCDa. -ll) "0 a. 0- Dr<CD :Jll)_ -:Jo 3 Q) ~ ll) co _ -CD CD CD a. "'.0 iii - ll) :-- co - 0)- <:T -.CD io- -'ll) o (/) :J CD e:!.. ", 0 c- :J_ O:T =l:CD O--l CJ) :T 0:T i-v ll) 0 CD 0) ", ll) o CD a. -!!ta. ~CDa: -. 0 ~ll):J o :5.0 o(/)_ -cCD gll)en ;;;. ,..... 3 .." ..., CD CD ll) ll)ll);a -:J(/) coo(/) :JCDc C ll) 0 !!t co :T -'ll) ll) g 5'(/) -(/)a. CD-CD :J-o o :T 0 5' CD 0) co(/)!:!: -< "3 CD :J 0 COo :TC o 3 ~. :J ~ (/) ;a ~. e:!..= =~ :J_ CD "0 ll)--l 0- _0:T - :ECD 0ll)"Ull)()3ll) - "0 Dr:g C e:!.:J :T"Q :J ", se. :J a. CDO-oCDco(/) "0 "O"':Jo :J...., 3 ~.(/) ll) ll) 2. iii' ll)!!t :J "'2. (/)coroCDoo:J CD ", -_CDCO !!t 8" iii' Q ll) ll) ,......~-,..... :J-, CD :T (/) :T "0 a. CD :J CD "0 CD Dr (/) ll) 55 (/) ll) en:J :T ll) !:!: 16 Q. :J go: e:!.. 0 oo:Jcoco-:J ~ ro' co :T (/) "Q co CD (/) ll) 0 ~:T ll) ll) :J - -. CD C:Ja._(/) a. ", a. :T "0 CD :J CD CDll)_O . - se. _ 0 :T_. :TCD ll) CD CD CD (/) co:Ja._CD (/) co Q. 0,..... OCD:J =..., ll) ~. co ll) ~ ~ CD:J -<:3 ll) co 5' :J (/) 5'~ 3 a.:T _ C :J ll) CD (/) ll)= < _ Co- e:!.. 0- Ci3 CD (/) CD ~ :::0 ~ o z z CJ m (j) G) Z "'2. CD Q g o :J CD _. - co ll) (/) C --CD ...., :T CD CD '< (/) ll) (/) :::: o:J<CD :J 2.(ij':J -(/)cc :TCDll)!!t CD ll) - o' -., ::: -. :J oCD;a -:JCD_ o C ", CD ~. !!t m ~ :J _. _ _. coo :J "0 :J ll) co ll) CD':J 0 co :J a. :J ~oo-ll) CD",::+ -lCDCD :T ~~. (ij'(/) ll) CD C ", =l: "0 0 CD ll) o_a. -:T(/) -. CD . (/) -l =3CD co~ (/) :J C -0'" O)-CD coo< a.:Jll) . '< :::!. 50!!t .... .-... -. ~ll)g 01 01 m G)3r: c::s 6::: ~Q ;:~ f11r- (1)- ""'I ~"'( ~~ ~() ~~ f11a! :b~ ""'IG) ~d ~~ ~ :::! ~ :b r- ~ G) :b ~ ~ a! :b r- ~ ~ tJ (I) ~ G) f11 0) 851 L 00 s'"1J '0 CD 00 'Oen::l CD _ 00 -. S' Q3::lCC ::l 00 en 0::l0 CD 000 (ij'::l CD 0' O'CD ~ 00 ~.::l ~ CD :E~ ::r0 -.- o -. ::r(ii ~ 3 CD CD ~Dl CD ::l en en 00 0 - 3CD Q 3 CD '0 O'::r 00 ~ ~ !5!: o ::l CDCC 0..< < CD _.~ en _. c: 0 ~Dl Q') ,l:o. () o ~ "'U r m :5: m z );! :::0 -< S; Z o en () )> "'U Z G) I- I ::lDlO~ro:EDl)> Q. a: CD CD 0.. 00 ::: :J en 000 c:_CD CDC:-300::lCD -CD CD c::::: 0000 0 ""00 CD :::~'O::l -m ~o CDOOO::r.....O~ :J::l~oCDCD::l< c: ::r CD ::l '0 0.. _ CD ~ CD -en '< CD 0' CD 3 -. - ",,::l o'O<:OO'<OCD :J en <: - CD _ -. _ en _ ;;r. 00 <:'::r ~ ::r q-OO_CDCD R c: _.::r CD o..::l (ij' 0::l3::l 0 - - 0 cc::r _. 0' 0 5i ro Q) ~ ~. en '< "" CDDl'<,<CCCDDl"" . ~ O'::l a:2ta-.~ CDO .....Oc: - c: -. 0 CD c: 0 ::r en en -:J - -. CDCDCD_c:Dl::l ~ 0.. 00 ~ ~ gcc CD 0' ~ _ c'j'CC ~ CD ..., :J ~ :J 0 CD en'Oc:o-"" or - 00 CD CD ~. :S. ::lQ)~ :JOen o..::lODlOCCc: -' ~::l en CD CC 00 ::l ::l . S'- CC ~ CD' :E --iCC -. en :JCD::r.....3 - C 0 - -. ::r '0 "" - CD en 00 CD~. 00 CDo :J3_en:E=_ caDl-O'=::lO ::r CD ~. ro ::r CD - O':::=DlCDO:J -- 00 "'0 - 0 r"'f'o ,.... _ ro+ _. ::r::renc:.....::ren CDCDO'OOCDCD -'-'00 "" 3..... CD ::l en ..... CD ::r CD ODlCDDlDlCD..., _'0 ::l ~'< 00 3 ::r '0 c: 0 00 '0 en CD a ~ :J (j)'O 0 en 00 -. ..... 0 ~ 00 c:ogo CD::l ..., ::r 0' ::l a S' - ..... CD - 0' c: cc CD ::r _ ::r CD ::l ::l CD CD CD c: 0.. ..... Q. en -' en -. ::r::l 0 en cc CD ~CDCCOCDa:o.. en en :J ::l 0 -. 00 Dl::r!e.CD_::l :J30Dlo.._0 O"CDc::J......::rO en -.....'-'CD::l o ::r 0.. '< ~. 00 CD ::r :E c: '0 -' 00 CD < 00 ::l CD cc c::: -. 00 - 0 . ::r<:cc-<:-~ ..... 00 ::r _. ---' 0 00 '< - :J :Jl ::l enenOccCD:E ~CD-~en::+ CD""-CDq-::r 3::r Dl::l CD' S' CD ::r -. 0 ::l 00 CD cc -. O _ - -. ::r en CDCDCDCC.....CD ::l::r=_ -':E 0 ..... ::l CD ::l _. CD 0 CD ::l o ~. - 0 Q. ..., ,....."""::3 g. 00 --i::r ~ cc ""O'::rCDCD- -CD CD 0' 0 0..., CDCD'"" 0'3::l",,::l~ CD ~ Q. 3 Q. c: ::l 00 en _.:J 0 0.. ..... CD :J cc CD Q') w G)3i: S=C:: t:J~ ~Q ~~ rnr- (1)- 'Tl-l 0"< ::00 ~'Tl 00 _r- (I))::. rn3;! )::.~ -1G) rrI-I ~o c::~ :b ::! o ~ )::. r- o ~ G) )::. ::0 rrI ::0 $; r- ::0 o )::. t:J (I) I o :::0 N o Z );! r )> :::0 -l () C S; -l o Z o "T1 "T1 m Z () m Q') 0'1 OJ m :::0 ~ Z G) ~ G) I'T1 ..... 852 (j)'~CDg:(j)'CD;! ~ :5" -0 CD ~"'Q. CD CD,,... Q) 3 -,Q) ....0 ::JoCD o - CD -, co CD C/l ..... ::T 3 ::J 3'" -0 Q)CDCD_O=t'O o C/l ::J ::T -. 0 ::J 0Q)-CDC/l3C/l C C/l -, CD -, ~3C/l""'Q)!::!:2: 0' CD ::T 0 ::+ 3 ;::;: < 3 Q) ~, CD CD '< c; -CO::J 0 Q)Q)o-:j'c_- :-CDCDQ)Q)0- ..... _!::!: ::T 0)' 3 O!::!: CD (jj'Q)g::J3::T o..::J:ECDO Q)CDo.. 3 ::J_;::;:Q) !a CD a. 0 _. C/l 0 o _ < og:::J::J::T< o CD' CD~. ~ gC/l)>g.......... .....Q).;!C/lOo C/l3.......C/l:E Q) CD ..... .~ ::J 3 C/l CD "<; Q) !e. -0 CD-' -Q)Q)-x;a. ::T ::J :;. 0 -0 Q) CD a. C/l CD-' Q) 3::J::J QaQ)Q)C/lQ) cO' ::J:5" _CD ::J -. Q) a. - a. ~ ::J 0- ~. Q) 0- _O".....::J=..... coocoo..-:::::O--I C - C -. 0 :::.. 0 ::T a:-a:~0-5Q)CD m.. ::T m.. CD CD o' = z -. CD -. _ _. ::J ::J -. _. -0 0 CD CD 0 ::J Q) a. -. C/l"QC/l::Jo=CDC/l o __<CD 0-00 c'<CDQ) Q)0Q)00..0-_ ::J C/l ::J - CD -.g CD o-CDo-_o..03::J CDo..CD::T<_ C 3 CDc;Q)CDQ) a. 3 ;::;: ~.::J !::!: Q)CDOO::T::J-o ::;. < 0.. co ::J ...J CD -. -. _ - Q) Qi_::!'ICD::TO o..co -. 0 CD CD::J '-. C ::J -0 0.. n. Q) -. CD30..QQ):Ego.. p.. CD CD -o::T ::J ~. ::J -0 -0 CD - ::J --CDo.....CD CD ::J-o -C/l 0.. <::JO "Q -. "T'> Q) 0 Q) o ::J ~ (ij' Q) 0" <co Q)oCD;::1.::J a:o::J- CDCO CD ::J 2. 0.. Q) ~. o.._::JCD::+Q)Q) ::TCO<CD-;::1. -CD CD::J.....CD ::T ::J ,^ - C 0 ~. CD '" CDw 0 !a Q) Q) WI -0 -. a. -. C < 3 0 C/l ..... ;a. ..... o' CD::J 0 CD CD CD::J -.< Q) ;a. Q) C/l !""" C/l :So g. ::J - ..... - o 0.. )> CD 2': Q) _ C/l - _.0 ::J -0 o::T E. -0 -,,,CD_....._= ::T~C/l::TCD::TCD CDCDCDCDo..CDC/l 0- - -0---1 ~ '< S. ::T -. _ C CD ..... ::T..... -oCDCD::T .....s::::Jo o _.0 3 16 2,(ij'CD ~.q CD ~ - . "<; CD ::J Q)O<CD ::J-m......... o..mC/lC/l ~ ::J Q) :;'CD ~ oX::J ::Joo 3CD:E CDC/l_ ::J C/l CD -00.. ..-... _co C11:ECD ~::T3 OJQ)CD )>-;a. --. _.C/l 0 ::J....._ _CD ::TOo CD 0 C <3::: 0'3 CD 5' CD ;a. ;::;:::J '< 0.. Q) o CD ::J _0..0.. ex> tv )> \J \J r () )> -l o Z o ." (j) C o m r Z m en Q) -Q)-I - ::T::J ::T CD a. CD - ogs:: O::JC :E 0.. 2. -'0 0 c.E 3-0' -'Q) ::J_ c';::;: 3~ Q)- CQo CD Q) CD ~, 3 ::J CD '9. ::J 0 (jj ::J_ C/l C/l ::TC/l Q)- -Q) -::J 5' g. 9....... co.. 0..C/l CD C 00- - a. Q) -. C < C/l (ij . m o' ::J ..... - CD C/l Q);::;: !::!:CD c.E-o -Q) o ::J :EC/lQ)g:z ::Tc::JCDCD =::S:o.. 0 CD o' 0- 0.. CD 3 (D...... CD C/l ::J C/l < C/l Q) - -. CD Q) aC/lCDo-< Q) -0 -0 -0 - 5'Q) Q) 3 Q) -'O::J CD::J ::JCD ::Jo.. co Q)_..... C/l - -0 CD ;::;:o-o~.o CD Q) (3 -0 E. ~o<=""'CD -'0 Q) 0 ~0:-!a3 co 3 -I -. CD CD 32':g;a. C/l 0 C/l C/l g: 0.. :E "Q C/l Q) !a -. 0 ::T _CD=OO Q) ::T CD C CD5CD~0.. -. -0 0- 9..C/l_"QCD CD CD 0 -. Q) 0 0.. ..... 3 ~ ..... CD o -. C/l - - -$cO~ (5Q) CD 0..3 co - .....-. CD o' - Q) ::J _::J~~~ Q) - !::!:(j)'-Q)- g Q) ::T:g ~ _CD.....O cCD.....oC ..... < CD _. Q) co C/lC/l_::T --... :e :t> ;0 z' - z G) (") r :t> c en m en Q)C/lQ)o..C/l-l ::J nr -0 0 ::T ::T 0.. ::J -0 0 Q) CD -o..=c= ::TQ)03C/l0.. CD.....Q)CDQ)CD 0..0- _C/l "J C/l CD ;a. (ij' cO' o 5' - __ -<' ::J -0Q)0_0 m-::J ::T- C 0.. - CD n, ::J a. ::T WI o -. _ CD ..... -0 0" ::J 0 CD -0 C/l co C/l'O.....o --c C g:::T Q) _. < CD CD CD ::J CD CD 0.. 0.. OJTlS::Q)3Q) '<CDCaCD..... ..!....::J::J ::J- Q) 0 -. C/l - CD :E CD Q. 0 C/l ~. . -o-oQ) OJQ)_- '< =::T-(3 ~-<CD ~Q) :Eo::O 0.. -CDS::::J N coQo o 0 o' m (ij' 8~::J- CD ~ 5' 0 ~ !a o '9. - 0.. CD _C11 0 0 0 ::J ::Jcoc ~m3-~~ Q)::JQ)oo 3 ~...3 3 :: ~CD:E_CD o..CD::TO::J CD ~. CD g: Q. _0.. c.E CD (ij' c.E _ .~'fi -----a. ex> ....lo. () o Z ." o :::0 s: ~ ~ -l I ." m z () m l]J -< I ~ o Q) r C/l C/l 0 -0 r (j) ::s: c- <' 0 CD 0 CD <' C/l -. C Q) ::J Q) -. (j) Q) 0 ::J ::J 3 < C/l ::J ::J ..... co 0.. - CD -. co -l 0..2:0- CD::J::Jo- C/l ::J Q) Q) C/l !::!: co Q) I nrco..... c-!:!!.o ..... m 0- 0 ~. C/l ,<::J ~. r -. CD 0 _. Q) Q) CD N' f? Cil -a ;a. - ::J Cil < 5' - Q)!::!: 0 ::J a. Q) Z co ::!'I(jj'o -0 ..... (j) C/l ;::;: 0 ::J ::T (ij' CD c~ CD CD CD ..... -. -0 0- ::J ::J::J l]J (3::J(3'<Q) <Q )> c co < - Q) -. CD :::0 ::J -0 a: 0 ~ ::+ (3 Q) a. 0 CD 0 Q) CD ::J~. :::0 5' c C/l 3 CD ~ 3 c.E m co Qi CD -0 ::J Q) CD - :::0 C/l ::J < 'S. < !::!:;a. '< o _ CD ::J :;. 0 Q) ..... = C/l ii3 co 0 ::J = CD . - - ::J "'fg Q) ~ :E 3 - 5:co CD 0 -'CD CD CD::J < - ::J::J -. -. 0 ::T _ 0 ::J N !a co 5' 0.. CD -. -. s:: Q) co '< a. ::J 0 ::J, coQ)Qo.. ~ ~o-m"Q-IQ)Q) O~.....O::T;::;:::J 3 CD CD $,~ ~ Q) ::!'I.o a. ::J CD :E (jj E. CD Q) C/l !a C/l CD CD 5' ~ g: CDC3&CDCD$2. ..... 0 CD 0 co -. .....::T::J_..... f3 5 Q) - <' !a - = 1C/l~CDCDO'< 00 o -I ::I: m ;0 - en en c m en 0- ::T Q) OJ r ..... 0 ::+ '< <' 3 CD I -. Q) ::J Q) ::J -o~C:Eco O<Q) 0- OC;!::!:Q)Q) -::JO::J..... CD CD ::J 0.. ~. ::J ....... CD oC/l -..... O".....Q)::TC/l C/lmo~o.. ~ -0 ::J m. 0 CD OCO O::J :E~ CDS- ;::;:o:Q)- 0 2':=::J:Eo ::J;::;: ::T 3 - '< Q) CD -0 ::T-;::1.::J- CDoCD '< "'0 !f, ~. g: :E O~Q)CD;::;: o (ij' - '< ::T m-<'.....Q)g: ::J_O CD CD o ::T Q) O"CD_o..~ "J C/l CD CD 0 ~ .0 -. 0.. - CDc- m :;. Q)::J OJ CD -. C/l 0 '<3C/l - ..!.... ::JO Q) CD 0 C/l :E ;a. g: (ij' ~ . C/l CD CD CD 0.. 0 - - CD'<Q)-I C/lCD::J::T nr~'< CD 0-C/lQ)..... = ::JCD C/l 0 0.. C/l ::T _ -0 CD Q)O o..O=::J n, 0 C/l 53CDO: 0.. -0 .0 =: -. CD c-< ::J !::!:~. nrgo..Q. o __ - Q)::T --::JCD 000.. :E C/lo.. 3CDoCD ::J n, < Q) C/l WI CD _. ,... -0_ _ ::J!:; . 0 -CD::J-o CD co CD ::J Q)g::E::' ::JQ);::;:O O-::T ~ _5'3 ~ -~. o..::T::J C/lCDnr o ::!'I 5' Q).....- 12. ~ CD ::J --0 co~Q) _.CD 0 C/l CD CD G)3: Sc: t:J~ I!!Q ~~ mt:: "..... 0"'< :tIO ~" 00 _r- en:b Fl1~ :b~ .....G) ~..... ~O c:~ :b :::! o ~ :b r- o ~ G) :b :tI ~ :tI $; r- :tI ~ t:J en ~ G) Fl1 Co 853 -I ::T CD C/l CD CO c a: ~. ::J CD C/l ~. 0- CD ..... CD < CD' :E CD a. Q) ::J 0.. C -0 0.. Q) CD a. -0 CD ~. o 0.. o' !:!!. -< ex> c..> :E -0 - )> ::T.....~= CDgOco ..... CD c c CD C/l (0 _, <C/l::To.. CD _CD .....Q)::T= -o::JCD::J Oo..C/lm ~o-;::;: o:CDCDQ - -'-0 CD ::J - Q) . OQ)::J O::J,< -0"'03 000 ii3::Jo.. _ C/l _. CDCD::!'I o..::JO -Q) -. - ::J 0 -. -.....0 O_::J _::T_ ::TCD::T CD -0 ~ o..-CD CDQ)- <::Jo ~Q.:E o -. -oC/l= 35-0- CD 0.. CD ::J <'-, - (ij' 3 Q) -'-0 coo- ..... ::J CD CD ..... 3 CD CD CD 3 $.;a. CD CD CD ;a.:E0.. \J m :::0 o o () :::0 m < m ~ (j):S: S;~ t:J_ ~Q ~~ FTIr- CI)- ..... ~"'< :tI~ ~O Or- -:b CI):tI FTI_ :b~ .....G) rri..... ~O c:~ :b :::! o ~ :b r- o ~ G) :b :tI rri ::0 $; r- ::0 o :b t:J en ~ (j) FTI <0 854 This page was left blank intentionally. 855 Clwil1glDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, September 8, 2008 Report #: PSD-090-08 File No's: A2008-0019 through A2008-0026 By-laW#: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 24th, AUGUST 7th and AUGUST 21sT 2008 RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-090-07 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on July 24, August 7 and August 21, 2008 for applications A2008-0019, A2008-0020, A2008- 0021, A2008-0023, A2008-0024, A2008-0025 and A2008-0026, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and 3. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on July 24, 2008 for application A2008-0022 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. Reviewed by: c.)~~~ Franklin Wu, Chief Administrative Officer vid J. Crome, M.C.I.P., R.P.P. Director of Planning Services PW*MK*CP*sh*df 28 August 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 856 REPORT NO.: PSD-090-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR JULY 24, AUGUST 7 AND AUGUST 21, 2008 A lication Number A2008-0019 A2008-0020 A2008-0021 A2008-0022 JULY 24 Staff Recommendation A rove Table A rove with conditions Den Decision of Committee A roved Tabled for max. 6 months A roved with conditions A roved with conditions AUGUST 7 Denied A roved A Iication Number A2008-0025 A2008-0026 AUGUST 21 Staff Recommendation A rove with cond itions A rove Decision of Committee A roved with conditions A roved 1.2 Application A2008-0020 was filed to permit the construction of an accessory building by increasing the maximum permitted lot coverage from 40% to 65% of the existing main building total floor area to a maximum 92 m2, and by increasing the maximum permitted height from 5 metres to 6.3 metres and by reducing the minimum required setback to the main building from 1.2 metres to 0.9 metres. The subject property is a designated heritage property for its existing single detached dwelling and detached garage. The existing dwelling is also known as the Waltham Cottage, which was built in the mid 19th century. Because of the historical significance of the subject property, it was recommended the application be TABLED until visual displays were provided to determine if the proposed garage would have a negative impact on the property and surrounding neighbourhood. Committee concurred with Staff's recommendations and the application was tabled for a maximum of six (6) months. 1.3 Application A2008-0022 was filed to permit the construction of a 70.8 m2 accessory building (detached garage), by increasing the maximum permitted lot coverage for accessory structures from 40% to 88% of the existing main building total floor area, to a maximum of 135.5 m2. 857 REPORT NO.: PSD-090-08 PAGE 3 Existing on the property are three (3) accessory structures (2 sheds and 1 sunroom) having a total lot coverage of 42% of the main building total floor area. The existing accessory structures have legal non-complying status as they were built prior to the passing of the Zoning By-law 84-63. Staff recommended denial of the application as it was not considered to be minor in nature and as the intent of the Zoning By-law was not being met. The proposed garage would have resulted in a total lot coverage of accessory structures which is more than double what currently exists on the subject property and more than double what is permitted. The existing accessory buildings along with the proposed garage would no longer appear subordinate, in size or use, to the principal building. After reviewing the application and Staff comments the Committee approved the application for a reduced increase in total lot coverage for all accessory buildings from 40% to 59% of the main building total floor area, subject to the following conditions: . That the existing sheds (shed 1 and 2) be demolished within one hundred eighty (180) days of issuance of a building permit for the new detached garage; and . That no single accessory building exceed 70.8 m2 in size. 1.4 Application A2008-0023 was filed to permit a garden shed with a reduced minimum required interior side yard setback and rear yard setback from 1.2 metres to 0.15 metres and to permit a lean-to building with a reduced minimum required interior side yard setback from 1.2 metres to 0 metres and by reducing the minimum required setback from the principal building from 1,2 metres to 0 metres. This application sought relief from the setback requirements for two non-complying accessory buildings which had been constructed too close to their respective property lines and, in the case of the lean-to building, too close to the house. Staff felt that both parts of the application were not minor in nature, not desirable for the neighbourhood nor did they conform to the intent of the Zoning By-law. After hearing from the applicant and the neighbouring property owner to the south, the Committee accepted Staff's recommendation and denied all parts of the application. On August 26 Staff received an appeal of the Committee's decision made by the applicant. The applicant advised the structures are maintenance free and satisfy the four tests. Furthermore, the applicant felt the committee did not treat the accessory buildings as two (2) separate issues. 2.0 COMMENTS 2,1 Staff have reviewed the Committee's decisions and are satisfied that applications A2008-0019, A2008-0021, A2008-0024, A2008-0025 and A2008-0026 are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 858 REPORT NO.: PSD-090-08 PAGE 4 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2008-0019, A2008-0020, A2008-0021, A2008-0023, A2008-0024, A2008- 0025 and A2008-0026 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. 2.3 Council's concurrence is required with Staff's opinion that an appeal by the Municipality on the decision made by the Committee of Adjustment on July 24, 2008 for application A2008-0022 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. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 859 Attachment 1 To Report PSD-090-08 cmr.pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: BERNHARD KOPP BERNHARD KOPP PROPERTY LOCATION: 6800 ENFIELD ROAD, DARLINGTON PART LOT 31, CONCESSION 6 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2008-0019 PURPOSE: TO PERMIT THE CONSTRUCTION OF A LIVESTOCK BUILDING (10 CHICKEN COOP) BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 110 METRES TO THE NEAREST NEIGHBOUR'S DWELLINGS. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A LIVESTOCK BUILDING (10 CHICKEN COOP) BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 110 METRES TO THE NEAREST NEIGHBOURS DWELLINGS AS IT CONFORMS WITH THE INTENT OF BOTH OFFICIAL PLANS AND ZONING BY-LAW IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: July 24, 2008 LAST DAY OF APPEAL: August 13, 2008 860 QfJ!il1gton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: NEW CASTLE DRAFTING & DESIGN CATHERINE SMITH PROPERTY LOCATION: 49 DIVISION STREET, BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2008-0020 PURPOSE: TO PEMRIT CONSTRUCTION OF AN ACCESSORY BLDG (DETACHED GARAGE) BY INCREASING MAX PERMITTED LOT COVERAGE FROM 40% TO 60% OF MAIN BLDG FLR AREA TO MAX 92 M2 & BY INCREASING THE MAX PERMITTED HIEGHT FROM 5 M TO 6,3 M & BY REDUCING MIN REQ'D SETBACK TO MAIN B DECISION OF COMMITTEE: TO TABLE THE APPLICATION UNTIL FINAL COMMENTS ARE RECEIVED FROM THE SPECIAL PROJECTS BRANCH, FOR A MAXIMUM OF 6 MONTHS. DATE OF DECISION: July 24,2008 LAST DAY OF APPEAL: August 13, 2008 861 Cl!J!.WglDn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: GARY CHAPPELL GARY CHAPPELL PROPERTY LOCATION: 4118 CONCESSION RD 4, CLARKE PART LOT 16, CONCESSION 4 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2008-0021 PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 65% OF THE EXISTING MAIN BUILDING FLOOR AREA, TO A MAXIMUM OF 101 M2, AND BY INCREASING THE MAXIMUM HEIGHT OF THE BUILDING FROM 5 METRES TO 6 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 65% OF THE EXISTING MAIN BUILDING FLOOR AREA TO A MAXIMUM OF 101 M2 AND BY INCREASING THE MAXIMUM HEIGHT OF THE BUILDING FROM 5 METRES TO 6 METRES, SUBJECT TO THE FOLLOWING CONDITIONS: · THAT NO ADDITIONAL ENTRANCE BE PERMITTED ONTO THE SUBJECT PROPERTY FROM EITHER ROAD FRONTAGE; AND · THAT THE EXISTING SHED BE DEMOLISHED, WITH AN APPROVED DEMOLITION PERMIT, WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE ISSUANCE OF A BUILDING PERMIT FOR THE NEW DETACHED GARAGE. AS IT CONFORMS WITH THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY- LAW, IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: LAST DAY OF APPEAL: July 24, 2008 August 13, 2008 862 Cl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ATLANTIC ELEMENTS DESIGN TOM KEHOE PROPERTY LOCATION: 4617 CONCESSION RD 3, CLARKE PART LOT 6, CONCESSION 2 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2008-0022 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR ACCESSORY STRUCTURES FROM 40% TO 88% (135.5 M2) OF THE EXISTING MAIN BUILDING TOTAL FLOOR AREA. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR ALL ACCESSORY STRUCTURES FROM 40% TO 59% OF THE EXISTING MAIN BUILDING TOTAL FLOOR AREA, SUBJECT TO THE FOLLOWING CONDITIONS: . THAT THE EXISTING SHEDS (SHED 1 AND 2) BE DEMOLISHED WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE ISSUANCE OF A BUILDING PERMIT FOR THE NEW DETACHED GARAGE; AND . THAT NO SINGLE ACCESSORY BUILDING EXCEED 70.8 M2 IN SIZE; AS IT CONFORMS WITH THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY- LAW, IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD DATE OF DECISION: LAST DAY OF APPEAL: July 24, 2008 August 13, 2008 863 Cl(}l-ilJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PAUL JEFFERSON PAUL JEFFERSON PROPERTY LOCATION: 73 CHERRY BLOSSOM CRESCENT, COURTICE PART LOT 34, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2008-0023 PURPOSE: TO PERMIT CONST. OF A GARDEN SHED BY REDUCING THE MIN REQ'D INTERIOR SIDE YARD SETBACK & REAR YARD SETBACK FROM 1.2 M TO 0.15 M & TO PERMIT CONST. OF A LEAN-TO BLDG BY REDUCING THE MIN REQ'D INTERIOR SIDE YARD SETBACK FROM 1.2 M TO 0 M & BY REDUCING THE DECISION OF COMMITTEE: TO DENY THE APPLICATION AS IT IS NOT MINOR IN NATURE; IT IS NOT DESIRABLE FOR THE NEIGHBOURHOOD AND DOES NOT COMPLY WITH THE INTENT OF THE ZONING BY-LAW. DATE OF DECISION: August 7,2008 LAST DAY OF APPEAL: August 27,2008 864 ~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JAN ANDRINGA JAN ANDRINGA FILE NO.: 37 LIBERTY STREET NORTH, BOWMANVILLE PART LOT 10, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2008-0024 PROPERTY LOCATION: PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 5,2 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE), BY REDUCING THE MINIMUM REQURIED SIDE YARD SETBACK FROM 6 METRES TO 5.2 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS, DATE OF DECISION: August 7,2008 LAST DAY OF APPEAL: August 27,2008 865 Clw.pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DARRYL FIERHELLER DARRYL FIERHELLER PROPERTY LOCATION: 194 SPRUCEWOOD CRESCENT, BOWMANVILLE PART LOT 8, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2008-0025 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE MINIMUM REAR YARD SETBACK FROM 1.2 METRES TO 0.9 METRES AND BY REDUCING THE MINIMUM NORTHERLY INTERIOR SIDE YARD SETBACK FROM 1,2 METRES TO 0.6 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE MINIMUM REAR YARD SETBACK FROM 1.2 METRES TO 0.9 METRES BY REDUCING THE MINIMUM NORTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.6 METRES WITH THE FOLLOWING CONDITION: . THAT EAVESTROUGHING BE INSTALLED ALONG THE NORTH AND WEST ELEVATIONS OF THE SHED WITH A DOWN SPOUT(S) LOCATED ONLY AT THE SOUTHWEST AND/OR NORTHEAST CORNER OF THE SHED. AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS, MEETS THE INTENT OF THE ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: LAST DAY OF APPEAL: August 21,2008 September 10, 2008 866 ClWilJgfon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ASPEN SPRINGS WEST LTD. ASPEN SPRINGS WEST LTD. PROPERTY LOCATION: 77 REMMINGTON STREET, BOWMANVILLE PART LOT 16, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2008-0026 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED FRONTAGE FROM 16 METRES TO 13.8 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE PROPOSED EXTERIOR LOT FRONTAGE REDUCTION FROM 16 METRES TO 13.8 METRES AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS, MEETS THE INTENT OF THE ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: August 21,2008 LAST DAY OF APPEAL: September 10, 200S 867 CllJl-!lJglDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8, 200S Report #: PSD-091-0S File #'s: COPA 2002-006, S-C-2002-002 and ZBA 2002-002 By-law #: Subject: APPLICATIONS FOR CLARINGTON OFFICIAL PLAN AMENDMENT, PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A MIXED RESIDENTIAL DEVELOPMENT IN PORT DARLINGTON PROPONENT: PORT DARLINGTON LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-091-0S be received; 2. THAT the applications for amendment to the Clarington Official Plan, Files COPA2002- 006, Draft Plan of Subdivision, S-C-2002-002 and Amendment to the Zoning By-law, file ZBA2002-002, submitted on behalf of Port Darlington Land Corporation, be DENIED; and 3. THAT the Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision. Reviewed by: (5 ~-~ Franklin Wu Chief Administrative Officer SNCP/sh/df 27 August 200S CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 868 REPORT NO.: PSD-091-08 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: Sernas & Associates Port Darlington Land Corporation 1.2 Current Owner: 1.3 Proposal for Official Plan: i) Amend "Map A3 - Land Use Bowmanville Urban Area" to relocate the District Park Symbol and realign the intersection of the arterial road system south of the Canadian National Railway; ii) Amend "Map B3 - Transportation Bowmanville Urban Area" to realign the intersection of the "Type C Arterial" road system south of the Canadian National Railway; iii) Amend "Map A - Land Use Port Darlington Neighbourhood Secondary Plan" to relocate the District Park location easterly, adjust the limits of the Parkette, adding a neighbourhood park and realigning the intersection of the arterial road system south of the Canadian National Railway; iv) Amend "Map B - Natural Features and Constraints" to realign the intersection of the arterial road system south of the Canadian National Railway; v) Amend "Table 9-2 - Housing Targets by Neighbourhood" by changing the "Port Darlington - N15" housing targets from 1 ,200 to 725 and making the corresponding adjustments to the housing targets in the low, medium and high density categories as well as the Bowmanville totals for each category. 1.4 Proposal for Plan of Subdivision: To permit the development of 699 dwelling units comprised of 153 single detached lots, 220 semi-detached units, 116 townhouses, 210 apartments, together with a school block, 7 park blocks, 4 opens space blocks, 2 stormwater management facilities and 1 commercial block within the Port Darlington Neighbourhood. 1.5 Proposal for Rezoning: To rezone the subject lands from Agriculture "A", to appropriate zones, to implement the proposed draft plan of subdivision. 1.6 Area: 40.405 ha 869 REPORT NO.: PSD-091-08 PAGE 3 1 .7 Location: The subject lands are located in part Lots 5, 6, 7 and 8, Broken Front Concession, former Town of Bowmanville. The subject lands consist of three municipal addresses, 130 East Beach Road, 2765 South Service Road and 100 Bennett Road. 2.0 BACKGROUND 2.1 In February 2002, G. M. Sernas & Associates, on behalf of Sylvan Estates Inc. and Bennett Developments Inc, submitted applications for a proposed draft plan of subdivision and amendment to the Zoning By-law for the subject lands. An amendment to the Clarington Official Plan was submitted in June 2002. The Port Darlington Land Corporation took over the application in 2005 as the new owners of the property. 2.2 The proposed plan of subdivision was revised in June 2002 to recognize the future locations of the clarifiers at Durham Region's Bowmanville Water Pollution Control Plant and the required setbacks. In March 2005 it was further revised to respond to a proposed realignment of East Beach Road to the west of the subject property. Phase 1, encompassing the western half of the site, is planned for a maximum of 249 single-detached and semi-detached dwellings and 61 townhouses for a total of 310 residential units. Phase 2, the eastern half of the site is planned for 124 single- detached and semi-detached dwellings, 55 townhouses and 210 apartment units for an additional 389 units. 2,3 Amendments to both the Clarington Official Plan and the Port Darlington Neighbourhood Secondary Plan are required to implement the proposed development. The official plan amendment application includes the reduction in the proposed population and densities in the Port Darlington Neighbourhood, adjustments in the park space, including the relocation of the District Park, and a realignment of the collector road system. 2.4 A number of studies have been submitted in support of the applications. These include: . Preliminary Environmental Overview, ESG International, May 2001 . Phase 1 Environmental Site Assessment, Golder Associates, October 2001 . Calculation of Shoreline Hazard Limit, Sernas & Associates, November 2001 . Site Traffic Analysis, RGP Transtech, November 2001 . Traffic Noise and Rail Vibration Feasibility Study, HGC Engineering, May 2002 . Conceptual Servicing Report, G.M. Sernas & Associates, December 2001 2.5 A public meeting was held on April 8, 2002 for the proposed draft plan of subdivision and amendment to the Zoning By-law. At that time it was indicated that an official plan amendment would be required prior to consideration of the applications. The public meeting for the official plan amendment application was held on September 9, 2002. A number of people attended the public meeting or wrote letters in opposition to the proposed applications. The submissions are detailed in Section 8. The file has been 870 REPORT NO.: PSD-091-08 PAGE 4 largely inactive since that time but the proponent has wished to see the file remain open. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3,1 The subject lands are currently under agricultural production and contain existing residential buildings, barn and shed. Bennett Creek flows southerly through the middle of the subject lands, into Lake Ontario. 3.2 The surrounding uses are as follows: North - Canadian National Railway and the hydro electric transmission corridor South - Existing residences fronting on East Beach Road, other existing residences at the mouth of the Bennett Creek and Lake Ontario East - An existing residence and lands acquired for a waterfront park by Clarington West - The Region of Durham Water Pollution Control Plant and the Water Treatment Plant 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) 1997 These applications were received in 2002 and are subject to the 1997 Provincial Policy Statement. 4,1.1 The 1997 PPS promotes the development of strong communities, by focusing growth in settlement areas. This Policy Statement was intended to recognize the complex inter- relationships among environmental, economic and social factors in land use planning. The following policies are particularly relevant for the consideration of the proposed development. 1.1.1 a) 1.1,1 f) Urban areas and rural settlement areas will be the focus of growth. Development and land use patterns which may cause environmental or public health and safety concerns will be avoided. 1.2.2 a) Land requirements and land use patterns will be based on densities which efficiently use land, resources, infrastructure and public service facilities; avoid the need for unnecessary and/or uneconomical expansion of infrastructure; support the use of public transit in areas where it exists or is to be developed; take into account the appropriate Public Health and Safety policies; and use development standards which are cost effective and reduce servicing costs. 871 REPORT NO.: PSD-091-08 PAGE 5 2.3.1 Natural heritage features and areas will be protected from incompatible development. However, development and site alteration may be permitted on adjacent lands if it has been demonstrated that there will be no negative impacts on the natural features or on the ecological functions for which the area has been identified. 3.1.1 a) Development will generally be directed to areas outside of hazardous lands adjacent to the shorelines of the Great Lakes which are impacted by flooding, erosion and/or dynamic beach hazards. The proposed development is considered to not be consistent with the Provincial Policy Statement 1997. 4,2 Provincial Growth Plan 2006 4.2.1 As these applications were submitted prior to June 16, 2006, the Growth Plan is not applicable policy. 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The Durham Regional Official Plan designates the subject lands "Living Area and Major Open Space - Waterfront". The predominant use of lands within the Living Area designation shall be for housing purposes. An Environmental Impact Study is required prior to development in the 'Major Open Space' system to ensure that the environmentally sensitive areas are not negatively impacted. There is specific recognition of Port Darlington area as a Waterfront Place. The predominant use of lands in the Waterfront designation may include marina, recreational, tourist, and cultural and community uses. Residential and employment opportunities may be permitted, which support and complement the predominant uses. The scale of such development can be detailed in the respective local official plans. The proposed residential development conforms. 5.2 Clarinqton Official Plan Clarington Official Plan designates, on Map A3 Land Use Bowmanville Urban Area, the subject lands as Waterfront Greenway, Urban Residential with a District Park on the Lake Ontario shoreline at the mouth of the Bennett Creek and Environmental Protection Area. Map B3 Transportation Bowmanville Urban Area identifies an alignment for a Type 'C' Arterial through the subject lands. Map C1 Natural Heritage System identifies Significant Valleylands and a cold water stream along the Bennett Creek. The Regulatory Shoreline Area adjacent to Lake Ontario is indicated on Map F Natural Hazards and Land Characteristics. The Clarington Official Plan also recognizes the Lake Ontario Waterfront as a unique and dynamic feature and a vital public resource. The continuation of the Waterfront 872 REPORT NO.: PSD-091-08 PAGE 6 Trail for such purposes as walking and cycling is required along the Lake Ontario Waterfront. The Official Plan also contains policies regarding the extension of public infrastructure and services to accommodate growth in an orderly and cost-efficient manner. Section 5,3.9 identifies a number of circumstances in which Council may declare a subdivision premature. These include the requirement that capital works and services required to service the lands for the future residents are not within the Municipality's current capital budget or 10 year capital works forecast as updated from time to time. The Port Darlington Neighbourhood Secondary Plan, incorporated into the Official Plan in 1996, provides a detailed comprehensive guide for the development of a new residential area and the transformation of the existing residences. Map A designates the extent of the Waterfront Greenway with the Waterfront Trail and the District Park along the Lake Ontario shoreline, A Parkette is also shown on the subject lands adjacent to the designated Open Space areas adjacent to the CNR tracks. The majority of the lands are designated Low Density Residential, with several areas of Medium Density Residential and one High Density Residential Block. The Port Darlington Neighbourhood has a housing target of 1,200 units, consisting of 550 low density, 450 medium density, 175 high density and 25 units for intensification. The Official Plan amendment proposes to reduce the housing target to approximately 750 units. Any application for residential development must be assessed in accordance with the growth management principles described in Chapter 5; the Housing targets contained in Table 9-2; and the provision of municipal services and facilities and the provisions of the Port Darlington Neighbourhood Secondary Plan. An application to amend the Clarington Official Plan and the Port Darlington Neighbourhood Secondary Plan was submitted to address the reductions in density, the adjustments to the park system and road alignments. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the majority of the subject lands in an Agriculture (A) zone category. The lands adjacent to Bennett Creek are zoned Environmental Protection (EP). The proposed residential development does not conform with the current Zoning By-law provisions and an application to implement the proposed draft plan of subdivision was submitted concurrently with the draft plan of subdivision. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Preliminary Environmental Overview, ESG International. Mav 2001 The report addresses the western portion of the site and is intended to refine the scope of forthcoming environmental studies. The most significant natural feature on the 873 REPORT NO.: PSD-091-08 PAGE 7 property, Bennett Creek, provides direct fish habitat in all reaches south of Highway 401. A significant portion of the required EIS should address the Bennett Creek. This Creek should remain in its current location and be unaffected by development plans. A valuable component of the EIS would be a hydrogeologic study. A logical conclusion of any EIS conducted for this property should include the notion that reasonable development will enhance Bennett Creek by eliminating cattle access, reducing stream bank erosion, and providing riparian vegetation where now there is none. 7.2 Phase 1 Environmental Site Assessment. Golder Associates. October 2001 No significant issues of potential environmental concern were identified. 7.3 Calculation of Shoreline Hazard Limit. G. M. Sernas. November 2001 The limit was based on criteria set out in the Lake Ontario Shoreline Management Plan and on the shoreline survey conducted in 2001. It is proposed to adjust the ground level in four areas and therefore the setback line moves closer to the shoreline of Lake Ontario. The report suggests an adjusted shoreline hazard limit would allow for a smoother south limit of development, superior road gradients and more practical road and lot layout throughout the development. 7.4 Site Traffic Analysis. RGP Transtech. November 2001 Build-out of the residential units by 2010 will result in a total of 96 new trips inbound and 346 new trips outbound in the a.m. peak hours, and a total of 364 new trips inbound and 195 new trips outbound in the p.m. peak hour. Bennett Road is a rural unimproved road with a paved roadway of 5.3 metres adjacent to the site. No lane improvements are indicated for the intersections on Bennett Road on the east side of the site. No lane improvements are indicated for the intersection of Port Darlington Road and West Beach Road. With the current lane configurations at the intersection of Liberty Street and Lake Road, excessive queuing is predicted during the p.m. peak hour, due to traffic exiting eastbound Highway 401 to northbound Liberty Street. A northbound right turn lane and westbound turn lane at this intersection will be required prior to full build-out of the site. The intersection of Lake Road and Liberty Street is a candidate for signalization and the operational characteristics of this intersection should be re- examined upon completion of Phase 1. The installation of traffic signals may improve the operating characteristics of the Lake Road/Liberty Street intersection. CNR warrants for grade separation will not be satisfied at either of the existing level crossings, If CN proposes track changes, measures should be further investigated to improve the Bennett Road level crossing. Due to their limited width and the deteriorated condition of their asphalt surface, Bennett Road and East Beach Road are considered to be candidates for improvement consequent to development of the site. Additionally, the East Beach Road right-of-way should be assessed for sufficient width to serve as the primary site access, Lambs Road will be unsuitable for use as a site access and should be closed until such time as the underpass is replaced. The East Beach Road extension to Bennett Road should be constructed as the emergency access for the development of Phase 1. 874 REPORT NO.: PSD-091-08 PAGE 8 7.5 Traffic Noise and Rail Vibration Feasibilitv Study. HGC Enqineerinq. May 28. 2002 The study indicated that it is feasible to achieve the MOE/CN sound level guidelines at the proposed residential development using acoustical barriers and by optimally orienting the dwellings. Physical noise mitigation is required for outdoor living areas, in the form of acoustic barriers, or by locating the amenity spaces on the shielded side of the buildings for lots adjacent to the CN rail line. The dwelling units closest to the CN rail line will require central air conditioning units. Warning clauses are recommended to inform future owners of residual sound level excesses over MOE/CN guidelines. Detailed recommendations are to be developed for the sound insulation requirements for fayade constructions for individual dwelling units when unit plans are available and for specific barrier heights and extents when grading plans are available. In order to address vibration requirements, it may be necessary to stipulate heavy poured concrete foundations and brick exterior walls for the dwellings immediately adjacent to the rail line. Alternately warning clauses addressing vibration could also be considered. 7.6 Conceptual Servicinq Report. G.M. Sernas & Associates. December 2001 The southern limit of development along the Lake Ontario shoreline was based on a calculated shoreline hazard limit based on MNR guidelines, The shoreline was adjusted in several places due to proposed road grades, The entire site can be serviced with a gravity sewer and there is sufficient capacity in the Port Darlington Water Pollution Control Plant to accommodate the development of the subject lands. Three separate stormwater management ponds are required to service the development. Water supply to the development will be provided from the Bowmanville Water Supply Plant. An existing water main is located adjacent to the subject property in the southwest corner. An extension to the water services from Lake Road, down Lamb's Road and Bennett Road to allow for looping of the watermain through the proposed subdivision is required. There are three existing roads currently providing access to the site. East Beach Road will provide access on the west side. East Beach Road connects to Port Darlington Road, an unimproved rural road, via Smart Avenue and Second Street. Bennett Road, an unimproved rural road, will provide access from the east. Lamb's Road which provides access to the middle of the site is also an unimproved rural road. Due to a low narrow underpass under the CNR tracks, this road is unacceptable for site access. The existing topography of the site is somewhat severe and will require regrading in order to establish suitable road and lot grades. 8.0 PUBLIC SUBMISSIONS 8,1 On March 20, 2002, Phillip Nixon, a resident of the Port Darlington Neighbourhood submitted a letter objecting to the proposed subdivision. His concerns relate to overcrowding, proximity to railroad traffic and the inevitable damage to the environment. He identified that fish spawn at the mouth of the creek; it is also a nesting ground for ducks; and swallows nest in the banks along the shore, 875 REPORT NO.: PSD-091-08 PAGE 9 8.2 On April 6, 2002, a submission was received from Heather Davis, a resident of the Port Darlington Neighbourhood. She expressed concerns with respect to the density of the development; access and egress; cost of infrastructure; public safety; environmental protection and long-term viability of the plan if implemented. Attached to the submission was a petition that indicated that those that signed the petition were strongly opposed to the re-zoning and land development proposal. There are 42 signatures on the petition. 8.3 Lynne Dennis, President of the Port Darlington Community Association requested that a public meeting be held in the evening to discuss the concerns regarding the proposed development in a letter dated April 8, 2002. 8.4 A number of residents of the Port Darlington Neighbourhood contacted the Planning Department regarding the proposed development. Their concerns related mainly to access, traffic, upgrading of Port Darlington Road, the extension of sewer services to the existing residences on East Beach, and time frames for development. 9.0 AGENCY COMMENTS 9.1 In July 2002, the Region of Durham Planning Department confirmed that the subject lands are within a 'Living Area' designation and advised that, based on the Regional Official Plan policies, the applicant will be required to participate in an Environmental Impact Study prior to development of the property as a portion of the lands are within the 'Major Open Space - Waterfront' designation. Based on provincial plan review responsibilities, an archaeological assessment is required, and as a result of the proximity to the CNR line, a record of site condition is required. Servicing for the site can be accommodated with extensions of the existing municipal water supply and sanitary sewer services. Both the Regional and Provincial concerns can be dealt with through the conditions of draft approval of the related planning application. The application to amend the Clarington Official Plan is exempt from Regional approval. 9.2 Durham Region Works Department provided detailed information regarding the provision of water supply from the existing 150 mm watermain on East Beach Road and the 400 mm watermain on future Lake Road extension north of the CN railway. Due to the location of the Water Pollution Control Plant and its proposed expansion, the Draft Plan is to be revised. The revised plan shall show future clarifier locations and new limits of the buffer zone. Standard conditions for inclusion in the Subdivision Agreement were provided. 9.3 CN has indicated that impact mitigation measures are required to reduce the incompatibility. These include a minimum building setback from the railway right-of-way of 30 metres; the need for an analysis of noise and vibration; the construction of a berm and an acoustic barrier; fencing, warning clauses and restrictive covenants. 9.4 The Kawartha Pine Ridge District School Board indicated that upon review of the Traffic Noise and Rail Vibration Feasibility Study it had no comment and no objections. 9.5 The Peterborough Victoria Northumberland and Clarington Catholic District School 876 REPORT NO.: PSD-091-08 PAGE 10 Board requests that adequate provision be made for sidewalks in the development but otherwise has no concerns. 9.6 Bell Canada, Enbridge and Veridian Connections have provided comments for standard conditions of draft approval but otherwise have no concerns. 9.7 Rogers Cable has no objections to the proposal. 9.8 The Clarington Emergency Services Department has expressed concerns that train traffic on the level crossings on both Bennett Road and Port Darlington Road could cause extended response times to the proposed development. 9.9 In May 2002, the Clarington Engineering Services Department considered the submission premature as the Municipality has not been able to complete all the necessary background studies it requires to effectively evaluate the proposal for the subject site or allow them to plan for the capital works needed to provide an acceptable level of service for residents and businesses within the Port Darlington neighbourhood. Specifically, the following issues regarding the proposed development were identified: · additional studies need to be conducted to adequately assess the transportation needs of the entire Port Darlington Neighbourhood; . the long-term or ultimate development of the Port Darlington Neighbourhood road network is directly related to a number of external future road improvements; · none of the capital works related to the external future road improvements have been included in the current capital budget or the 10 year capital works forecast; · the signalized intersections of Liberty St./Baseline Road and Hwy 2/Bennett Road will be significantly impacted by the increased traffic generated by the proposed development; · the proposed East Beach Road "Possible Road Alignment" does not take into consideration the future redevelopment plans for the waterfront including new commercial/residential and waterfront park/boardwalk; · the design of the level CNR crossing on Bennett Road should be revisited to address the upgrade of the road to urban collector, increased design speed and pedestrian crossing; · a more detailed trip generation and distribution analysis needs to be undertaken either through future submissions or more appropriately in the required Transportation Feasibility and Needs Study; · the Lambs Road underpass is an integral part of Port Darlington Neighbourhood development and replacement of the structure needs to be reviewed prior to future submissions for the site; · no provisions for access has been provided for the residents at the south limit of Lambs Road and on Crescent Avenue; · the placement of the stormwater management facilities at the foot of Lambs Road will not allow for the construction of a district park at the desired location; · prior to the "Open Space" along the shoreline being dedicated to the Municipality, a thorough review of the stability of the "bluffs" should be undertaken to determine what, if any, measures have to be taken to mitigate any further erosion or flooding; 877 REPORT NO.: PSD-091-08 PAGE 11 . urban design guidelines will have to be developed prior to any future detailed submissions for the neighbourhood; . a stormwater management review of the entire area bounded by Bennett Road to the east, Hwy 401 to the north and West Beach Road/Liberty Street to the west should be undertaken to establish the overall stormwater management needs of the area; . an Environmental Impact Study should be completed for Bennett Creek. Updated comments were provided in March 2006. It was noted that the revised submission was very similar to the initial submission and that the original comments still apply. There continue to be significant transportation issues which must be resolved prior to development: . it is imperative that MTO complete its corridor study which will establish the future configuration of the Bowmanville interchanges prior to the finalization of the Port Darlington road network; . the municipality is in the process of completing the Transportation Network Needs and Feasibility Study identified in the DC background report; . there is no connection shown to Collector Street 'A'; . significant improvements to grade separations and level crossings are required to facilitate development; . a transportation implementation plan needs to be developed outlining the sequence of road projects required to provide connectivity and facilitate development. 10.0 STAFF COMMENTS Staff has indicated in previous reports a number of serious issues relating to the proposed development and the timing of the development. These relate to specific land use issues, transportation infrastructure, additional information required; and fiscal impact. 10.1 Specific Land Uses 10.1.1 The provisions of the Port Darlington Neighbourhood Secondary Plan recognize the importance of establishing a continuous waterfront greenway. An important component of this greenway is the establishment of two district parks - one at the mouth of the Bowmanville Creek and the other at the mouth of the Bennett Creek. The existing natural features are retained within public ownership and provide a basis for the development of a park system that can provide a wide range of outdoor and recreational opportunities to the residents of Clarington. The proposed relocation of the district park to a location further east and the addition of a stormwater management facility on the Bennett Creek does not meet the intent of the Official Plan. The applicant is proposing a smaller park to be located further north in close proximity to the CNR corridor, again contrary to the priority of retaining lands along the waterfront for public use. 878 REPORT NO.: PSD-091-08 PAGE 12 10.1.2 Prior to any open space lands along the shoreline being dedicated to the Municipality, a thorough review of the stability of the bluffs is to be undertaken. Such a review would identify what measure would be required to mitigate any further erosion or flooding. In addition, all recommended stabilization work should be completed prior to assumption of the lands. 10.2 Transportation Infrastructure 10.2.1 Provincial policy requires that the investment in community infrastructure be provided efficiently and effectively in order to meet the needs resulting from the proposed developments and to foster complete communities. Municipalities are required to optimize the use of existing infrastructure and public service facilities, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. 10.2.2 There are significant improvements that must be made to the existing road network that are directly related to the development of the Port Darlington Neighbourhood. The Engineering Services Department has identified seven specific future road improvements. In addition, the need for two grade separations on Bennett Road and Port Darlington Road should be considered. In addition, the Lambs Road underpass is unsuitable for use as a site access. As it is proposed to be an integral part of the Port Darlington Neighbourhood, the development and replacement of the structure needs to be reviewed and addressed, 10.2.3 None of the costs for municipal capital works that are required to provide safe access to the proposed development have been included in the current capital budget or the 10 year capital works forecast. 10.3 Additional Information Required 10.3,1 The Region of Durham has indicated that the following additional studies are required: . an Environmental Impact Study . an archaeological assessment · a record of site condition 10, 3.2 The Engineering Services Department has indicated that the following studies should either be completed or are required: · Port Darlington Neighbourhood Transportation Needs and Feasibility Study · Transportation Implementation Study · Shoreline Stability Study . Urban Design Guidelines · Stormwater Management Review 10.4 Financial Impact 10.4.1 The development proposal cannot currently be accommodated under the capital forecast prepared for the Development Charges Background Study as it accelerates 879 REPORT NO.: PSD-091-08 PAGE 13 growth beyond the Municipality's ability to service the subject lands. Significant public investment is required. Recently the Municipality conducted a Financial Impact Analysis that quantified the overall impact of selected large scale development proposals in the context of overall growth in Clarington. The subject application was included in the analysis. The analysis demonstrated that Clarington has a sufficient supply of land either draft approved or registered subdivisions to achieve the 10 year growth forecast under the Development Charges Study. 10.4,2 The subject lands are not anticipated, by the municipality to develop until after 2014. The applicant has indicated that development is intended to commence as soon as 2010. Once approval is granted to a residential development the municipality is committed to providing the necessary municipal infrastructure for that development. The Financial Impact Analysis clearly showed that the current Development Charges are too low and do not adequately fund the eligible growth-related costs for which they are charged. The most significant funding shortages are with respect to the provision of roads and related infrastructure. Even though the Development Charges have been amended, the subject works are not included in the short run and there are no funds available to finance the necessary works. 10.4.3 According to the Financial Impact Analysis, advancing this development will have an overall negative fiscal impact on the Municipality. It would obligate Clarington to make significant capital investments to facilitate residential development over and above its current commitments. This obligation would impact negatively on other proposed residential developments within the Municipality, that have been included in the capital budget and/or 10 year capital works forecast, and require extensive capital investments in order to proceed further. As Council is aware, funding issues have been exacerbated in late 2007 and 200S as anticipated growth numbers have not been achieved. Additional financial commitments cannot be undertaken at this time. 11.0 CONCLUSION 11,1 It is recommended that the applications to amend the Clarington Official Plan, the proposed draft plan of subdivision and implementing Zoning By-law be DENIED. This denial is based on non-conformity with the Provincial Policy Statement and the policies of the Clarington Official Plan. Additional studies are still required to provide information necessary for the appropriate evaluation of the proposed development. In addition, the development is premature in that the Capital Works to service the lands and the future residents are not within the Municipality's current Capital Budget or 10 year Capital Works Forecast. 11.2 The Director of Finance and the Director of Engineering Services have reviewed this report and concur with the comments and recommendations contained herein. 880 REPORT NO.: PSD-091-08 PAGE 14 Attachment: Attachment 1 - Key Map Attachment 2 - Proposed Official Plan Amendment Attachment 3 - Proposed Plan of Subdivision List of interested parties to be advised of Council's decision: Bryce Jordan, Sernas Group Kelvin Whalen, Kaitlin Group Heather Davis Philip Nixon L. B. Short Larry Metcalf Les Coleman Debra Allin Gary Madill Irv Gill Joe DaSilva Erenst Burnie Kevin Taylor Prof. Dryer Tom & Chigi Cauchon Alvarina Delemos Don Wilkinson Glenda Gies Lynne Dennis 881 Attachment 1 To Report PSD-091-0a Lot 8 Lot? Lot 6 Lot 5 ----- H1GHWA, Y 407 -- I (.~ -n-- en <( en o Q) [:t: U z r 8 t3- C m e u. c: Q) ~ e CD Lake Ontario Bowmanville Key Map COP A 2002-006 ZBA 2002-002 S-C-2002-002 Port Darlington Land Corporation lAKE ONTARIO 882 Attachment 2 To Report PSD-091-0S AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this Amendment is to adjust the road pattern, distribution of land uses and housing targets as they apply to the Port Darlington Neighbourhood Secondary Plan Area, _. BASIS: The basis of this amendment is as follows: This amendment is based on an application from the property owner of the subject lands for approval of a comprehensive Draft Plan of Subdivision. Through the design process for the plan of subdivision, certain adjustments to the Secondary Plan became necessary. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map A3 - Land Use Bowmanville Urban Area as shown on Exhibit "An 2. By amending Map B3 - Transportation Bowmanville Urban Area as shown on Exhibit "Bn 3. By amending Map A Land Use Port Darlington Neighbourhood Secondary Plan as shown on Exhibit "C" 4. By amending Map B Natural Features and Constraints Port Darlington Neighbourhood Secondary Plan as shown on Exhibit "on 5. By amending Table 9-2 Housing Targets by Neighbourhoods as shown on Exhibit "En IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the plan, shall apply in regard to this Amendment. 883 /,,\Lli:l\.,;/ II / 1~Jl( " To Report PSD-091-08 I' :~! "fl =:I!. l. ~~kl t:~H I!: i it !I!I !I, !!!!!.!i 1 !!!!..!!!!!.!!!!i II !I\I\ . .., I 1. 11I'/ III ...;:....'.1.. I' ~i! l~ I!I!.! .! ,,1I1!1I1" .III l"IIII!1I ;rUIIII II' I III m I ilil I I III I .. II" II IIIII l I ,III 11111111I11 :II!I f,' ) ,r-------'" lj.. _ _ _ _ __-.. .1 ) .' I I I /////1 " (.'.} ~,., C\l o :>' ~ Q o . r:n. 884 o J- '"' <( '" J- - OJ - :J: X- wO Z J- Z W ~ C Z w :E <( .::.:: .... ro a. ... tL' Q: ... ~ :z ILl W. CJ~ t= () ~.IJ -' WCl. Q;~ Q. tL' -' .-, 6 :r ...' (/, -' . c. :I ...' ,f> ,- j \..', ". -' c. c. J ..... cr. u. ... 1- 41:;: ... ....' < . ~ t:, Cl: . 0. u~ ~I ... ~ "" "J ...., o ...... ... :z c. Q .... a: .....' ... ... ~ ... "I 0. ... ~ ....: 0:4 -::; q2 .....ct '"'-._1 (t/U t J if ... Cl t. ~ ~ ~ o ---~ ... ...., a ... " ~. -' c u -' :': 4........ ..... Lo ... .>. U. ... Cl ,- ...' ii ... ,r, C:, ... ....' u '" ,. I ". " c: o 1 '-' ,r. ,-, C. :r .... v. U: .. o ....- _ L -'0 CU. . =.,w U c'; ... wU: ...'" ",e. tr= <fC o ,-' laJ lL! cf! (" a. ... UIC, ...- ~C u. ..... c.. tt, Q '" '::. , .- ~. ..... '. ~:~~ (. 1..1' Q ......, t- 1- <l- uW ... (J La..' 41_1 ,flui S> t- ,I, c., i= ... ... v. tI~ ~,- !j i ,---' .... ..~ -' ~ ~, U ,/, Co <:. ... W O' .. ..J .. it ... t- (" :r.::> ,-,0 =.~ "'. ..... -'0 << ... Z"'? 41- ~~ -... e,'- 90 ~' >0 ZQ ulQ 2- w w a: e' t .. .. . . ., .. . . n ... ... ...... Q. .. lL' 'J .. o 4.1'! ~ 0: .. o c: c. :r ~ w o o :z _c .. ..J- .. g.. 0: (/'. W- Z -' we. <:.~ ? ::. E C> CU J <.:, W 2. ::! '" it ::> o ... Ijll~l[IIII.. * ;;-1 e' / 1_-- r- // " ../ Ie ~: "'J;W~ :>- a: .. Cl ...J .. i= Z ",1 o (i, lLl {j ILl ~~ ;.:.'al :' Q. .... -: :; a. u -' ... i= "2 ....' f:J Ir; ~, o i; ,I. "2 ~~ --.' t_ ;- ,:, .=: ~' "'.... :'ll -' C' Q' ::' I~ Ll -- I:' ~, J ~. - .... J L ... U" ~ 5:J Ct ~ (~:\ l". :~ ..,~ .. w Q: ... -' <l Q '::. G <: (") <( Z W<t (f)Q) =>~ OUJ Z-J <(-J ...J> Z <t ~ ~ o Q) c..- e:::(. ~ ... ..., Q ... -' ... o ~ <;. ., ~~ ..... -', .:.a:j O:~La :I- , ',- ::.~ ~:"~ C' ,;l~ '!~F' <t Ul cc: <t z a:: Z<( ::s,~ Ci" <l. <...) -,:.. u._ u...J CJ<r u. ...> z =' 2: -' ... ;:, Q: l.o.' ::- ... ....' a "" ... ~ ~j~. ~,~ ....,<J (: lJ :~: I- . ...' J 7.(i~~. Wi;:;. r" . ;. , I':<J ~,:J '7 C' 1- r . ;;'1 . .. r~~i I~!:;:I: c, 0;" 8 I (..~;~~rl t''; IU ~,J ;::.:~I .1 . ~, I,' .' .:', jFl~'! :~: ;~: ~':l 1.'.IF'lj !i1,~#'1 l~:~~.:l P+I "'. II';. " :'i 88. EXHIBIT 'B' TO AMENDMENT NO. f 600 800 m , ,~~ .;.;: ..'''''''IT.:.,.,.\",J,~'':. j.~~ !.:!Il""..~.'.f,":~.J;' r-""'-- ; I !\!, i J ! _.__..l.L.-. I ~ LAKE ONT.4R/O - - - - TYPE B ARTERIAl MAP B3 TRANSPORT A liON BOWMANVILLE URBAN AREA ...., ....:.,..".~. URBAN BOUNDARY . .--/ .........:::.::.:.: FREEWAY lYPE A ARTERIAl ------------- TYPE C ARTERIAL OFFICIAL PLAN MUNICIPAUTY OF ClARlNGTON DECE~BER 4, 2000 REf'ER TO SECTION 19 I THIS COHSOlIDAllON IS PR(MDED FOR COH\IEHIENCE OHLY I NlO REJ>RESENlS REOUESlID WOOIl'lCAllONS NIO 1PPf't:NN.S FREEWAY INTERCtwlGE COl1..ECTOR RQ,6,O - - - - - - - REGIONAL TRANSIT SPINE . . . . . . . ... ImER-REGIONAl TRANSIT UNE t= GO STAllON EXlSTlNG FUnlRE o -.. , , , , ..- GRADE SEPARATlON 96~6 886 N)>40118 0 ii NOISS3:lNO:l lNO~ 0 0 I J: o I~ lUNlOlI 0= CM)Ij ::J Oz W ~:s : ~I <~ Q[L. UJ z~ on a.Q z~ i I~ 9 <z gz ==:3 "0 ~ l!! zfd ~ ~II! :J(I) --- 0= U <I( 0 ~ 0 ~i Q., o I- o .. I- - m - ::J: ><- wO z ... z w. :E c z w :E c( ... 9 ..I ~ ~ ~ !z ..J ~ 0 ~" ~ ~ it a: ~ ~ ~ ~ ~ Q 0 3: ~@ . - . . ~ . . I ~ . I . . . . . e 8 .. ..I ~ ~ ~ ~ ~ ..J~ ~ !z >-....z!Z !oJ ~~oo~ g~ ~ uffi~~~~ tn- i= ::::J2~b~t::l !oJQ., ~ ~~:Z:a:,<a: !fa :;) Q.,!oJ 1.lJQ., 3:c ~ ~III I.lJ U ~ C/l Z l&.I !oJ a: c c c . ~ r: ~~ ffi ~ ~~ ffi~ ~~ ~~ Zz o~:;)o 0 8~~~ef5~~ ~ Q.. 9 a: 2 a: :J: a:: I llirn:~n~ Ill!!!ll II a ::-:- ",,;:, Ii:III ::::: .imm I ~ 9 ... .. c C N ~ 3! u U !oJ IS < IS ~~ ~~ 5838 . .. . . . . ~~ c E g 887 N3>Kl~B 0 ii NOlSS3:JNO:J l.Nmu 0 0 / en en :I: ~t 0:: <MllI .u.JHN39 WI- => ~i c: O:z Oz b 0 ::)- ~:5 0 t-~ 0 :;:; ~a. 0 !!is (.J <0: N m lLl ~~ Q) WI- Z>- .: ~ Q. &Len 0:: ll: i~ Q) <( -IZ z< lo.I 00 III ... I-Z :::l c: :e ~o CO lo.I lQ~ (.) c: 0:0 zu lo.I ~~ -lLl c .Q> ~Q ~l/) II co < c(Z 0 Q) Z~ I- ~ 0:: II: 0 ii a.. o t- O '" t- - CO - J: x. WO Z I- Z w :2E C z w :2E <( Q it ~ ~ Q ~ :5 ~ ~ ~ ~ !oJ Z Cl :J z !oJ Z 0: ~ 0 :x: (I) 0.. ~ ~ !oJ ~ Z !oJ 0 ~ z E 2 ~ :J 0 z :;) ~ 0 0 Cl :::l '" U !oJ !oJ Ii: (I) ~ 0: . I I I . . . I 0 . 0 . . . I . I . . I . . 0 0 N ~~ 0 E 8 .. '" 0 I '" '" 888 o .... e ...J EXHIBIT 'E' TO AMEI'1DMENT NO. Chapter 9 Residential Neighbourhoods T~.2 ttoaoinI T..... ~~. ~, ~ HouIinI UnilI I!adsIIiaI ~ CennI"- ............. ToaI 0 ~ Melli... HW1 Medhn ~ _. QuIic:e HI Main CennI N8 0 0 0 0 250 100 150 tQ WI CennI N8 0 0 0 0 0 350 350 N1 WanIen 1175 125 0 0 0 100 14Cll1 N4 ~ 1225 100 0 0 0 75 14Cll1 NS ClIIwlew . 550 425 0 110 0 50 1115 Hi HInaIdc 150 100 0 0 0 25 m N7 .... ~ 125 . - 0 0 0 27S 1300 HI Emily s-. 1475 27S 0 0 0 550 :DOO Nt P'InbnI 1075 75 0 0 0 75 1225 Hl0 0rinp:In 450 25 0 0 0 JU 151 Hl1 --- 1150 300 125 0 0 50 1625 . H12 f....... ......... . . . . . . . TOTAL I77S 1625 125 110 25lI 2lDJ 1291. .,..".,... HI E.- Main CennI N8 0 0 0 550 175 27S lCXlO tQ w.. Main CennlIv8 0 0 0 250 1500 0 1750 N1 MlnaUI m 0 250 0 0 350 1575 N4 CennI 425 125 75 0 0 75 100 N5 VIIanI~ 1025 400 0 0 0 175 1600 Hi AA* BIoIIam 1250 :us 0 25 0 125 1675 N7 ElIln 1025 50 50 .125 75 150 1475 HI ferMidc . 1325 525 0 0 0 100 1950 Nt ICncIIl 1450 125 O. 125 75 18 ltoo Hl0 NclIlhIIen m 150 0 100 50 50 IUS H11 InlaIHI 1325 350 0 0 0 75 1750 H12 ~c.- 1ao 175 0 0 0 125 lCXlO H13 w.- 1025 150 275 25 0 75 1750 H14 w-tr 1075 250 50 25 0 75 1475 H15 I'Illt Dri1IICJI'I ! ~q) ..55Q.. J.5().... :;IX) ",. 0 0 25 Tl5r2fsr - TOTAL 12925 ~ ~ ~ 1225 1175 1100 ~ 211 NeWQIIe v-. HI Main CennI N8 0 0 0 100 50 75 225 tQ CnNm 1075 100 0 0 0 100 1275 H3 ~ 1450 200 0 0 0 125 1775 N4 l'Illtal~ 500 US 0 0 250 0 1075 N5 .. Ham VIIIIIe 1050 250 0 0 0 50 1350 Hi WIlmat Mo 0 0 0 0 0 960 TOTAL 50JS .75 0 100 JOO 350 6660 925 Pr:ICefWQJ housinB units lex FM!Wel1 HeishU neighbouthood ~ ro rile pnwisions of ~ Follcy..w. No.5 (See Section , 7.6J Municipality of Clarington Official Plan - December 4, 2000 Page 39 889 CllJ!mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September S, 200S Report #: PSD-092-0S File #: COPA2005-0008, S-C-2005-0004, By-law #: S-C-2005-0003ZBA 2005-042 & ZBA 2005-043 and S-C-2004-0004 & ZBA 2004-049 Subject: REPORT FOR INFORMATION REGARDING APPEAL OF OFFICIAL PLAN AMENDMENT, PROPOSED PLAN OF SUBDIVISIONS, AND ZONING BY- LAW AMENDMENTS FILES: COPA2005-0008, S-C-2005-0004, S-C-2005-0003, ZBA 2005-042 AND ZBA 2005-043; AND S-C-2004-0004 AND ZBA 2004-049 APPLICANT: BROOKFIELD HOMES (ONTARIO) LIMITED, SMOOTH RUN DEVELOPMENTS INC., WEST DIAMOND PROPERTIES INC. AND PLAYERS BUSINESS PARK LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-092-0S be received for information; 2. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: . avid J. Crome, M'.C.I.P., R.P.P. rQirector of Planning Services Reviewed by: {)~.~ Franklin Wu, Chief Administrative Officer CP/sh/av August 29, 200S CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 890 REPORT NO.: PSD-092-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 North Village Neighbourhood, Newcastle Village 1.1.1 Applicant: Brookfield Homes (Ontario) Limited and Smooth Run Developments Inc. 1.1.2 Official Plan Amendment: . Amend Table 5-1 by increasing the population targets for Newcastle Village from 18,600 to 18,800 and amending all corresponding totals. . Amend Table 9-2 by increasing the housing target for North Village Neighbourhood to reflect the following: i) 1050 low density units to 1350 units ii) 250 medium density units to 300 units iii) total from 1350 units to 1700 units; and iv) amending all corresponding totals. . Amend Section 19.6 by reducing the collector road right-of-way width from 23 - 26 metres to 20 metres. . Amend Section 19.7 by reducing the local road right-of-way width from 20 metres to 18 metres. . Amend "Map A4 - Land Use Newcastle Village Urban Area" by: i) revising the collector road pattern ii) relocating two elementary school symbols and one neighbourhood park symbol; iii) adding a neighbourhood park symbol . Amend "Map B4 - Transportation - Newcastle Village Urban Area" by revising the collector road pattern. . Amend "Map E3 - Neighbourhood Planning Unit - Newcastle Village Urban Area" by changing the population of the North Village Neighbourhood from 3900 to 5100 (see Attachment 2). 1.1.3 Subdivision Proposal: · Brookfield Homes (Ontario) Limited: 416 unit residential draft Plan of Subdivision consisting of 157 single detached dwellings, 120 semi- detached/link units and 139 medium density units, 1 secondary school block, 1 elementary school block and 2 park block, · Smooth Run Developments: 1151 unit residential draft Plan of Subdivision consisting of 506 single detached dwellings, 238 semi- detached/link lots, 407 medium density units, two (2) elementary school blocks, five (5) park blocks and two (2) stormwater management facilities. 891 REPORT NO.: PSD-092-08 PAGE 3 1.1.4 Zoning By-law Amendment: Change the current zoning on both properties from "Agricultural (A-1) Zone" to an appropriate zone to permit the proposed developments. 1.1,5 Site Area: Brookfield Homes (Ontario) Limited: Smooth Run Developments Inc.: Total 32.40 hectares 73. 84 hectares 106,24 hectares 1.1.6 Location: The subject lands are located Part Lot 27 and 28, Concession 2, former Township of Clarke (Attachment 1) 1.2 Brookhill Neighbourhood, Bowmanville 1.2.1 Applicant: West Diamond Properties Inc. and Players Business Park Limited 1.2.2 Subdivision Proposal: 612 unit residential draft Plan of Subdivision consisting of 270 detached dwellings, 158 semi-detachedllink units, 184 townhouse units, and 2 park blocks 1.2.3 Site Area: 34.63 ha 1.2.4 Location: The subject lands are located Part Lot 17, Concession 2, former Township of Darlington (Attachment 2) 2.0 BACKGROUND 2.1 North Villaqe Neiqhbourhood. Newcastle Villaqe 2.1.1 In 2005 a joint official plan amendment application was filed by Brookfield Homes and Smooth Run developments for lands located north of the Canadian Pacific Railway, east of Regional Road 17 (North Street), south of Concession Road 3 and west of Arthur Street. 2.1.2 Smooth Run Developments and Brookfield Homes each submitted separate applications for draft plans of subdivision as well as zoning by-law amendments. In addition, an application for Neighbourhood Design Plan for the North Newcastle Village was submitted in accordance with the policies of the Clarington Official Plan, Smooth Run Developments and Brookfield Homes each own large parcels equal to approximately 96% of land in the North Village Neighbourhood. 2.1.3 A public meeting for the five referenced applications was held in January 2006. A Public Information Session/Design Charette was held in October 2007 for the neighbourhood design plan. The lands subject to these applications were one of the six development proposals considered as part of the Financial Impact Study undertaken during the second half of 2007, the recommendation of which Council approved in March 2008. 892 REPORT NO.: PSD-092-08 PAGE 4 2.1.4 On May 26, 2008 revised subdivision and rezoning applications were submitted for both Brookfield and Smooth Run. The revised applications focused on the lands in the south west corner of the combined overall site, where the applicants believe servicing is available for approximately 250 units. On July 26,2008 another revision was submitted for both parcels. This time all the lands owned by the applicants were incorporated. A public information session has been scheduled for the revised neighbourhood design plan for Thursday, September 11, 2008 and statutory public meetings dealing with the revised subdivision and rezoning applications is scheduled for Monday, September 22, 2008. 2.1.5 On August 11, 2008, the Municipality received letters of appeal on the Official Plan Amendment and two revised draft plan of subdivision applications received July 26, 2008. On August 18, 2008, a copy of a letter forwarded to the Ontario Municipal Board was provided to the Municipality of Clarington. This letter appeals both applications for zoning by-law amendment. The Official Plan Amendment has been appealed pursuant to Section 22(7) of the Planning Act, failure of Council to adopt an amendment to the Clarington Official Plan. The proposed draft plans of subdivision have been appealed pursuant to Section 51(34) of the Planning Act, failure of Clarington to make a decision in respect of proposed draft plans. The applications for zoning by-law amendment have been appealed pursuant to Section 34(11) of the Planning Act, failure of Clarington to make a decision in respect of applications for rezoning. 2.2 Brookhill Neiqhbourhood. Bowmanville 2.2.1 Applications for proposed draft plan of subdivision and zoning by-law amendment were originally submitted for the subject lands west of Green Road and generally north of Durham Highway 2 in August 2003. These applications were deemed premature based on the policies of the Clarington Official Plan and returned to the applicant. The applications were resubmitted in May of 2004 and were not deemed complete until the correct application fees were received on October 15, 2004. The statutory public meeting was held on December 6, 2004. 2.2.2 In accordance with the policies of the Clarington Official Plan, the Municipality undertook a subwatershed study for the Brookhill Creek watershed. This study was completed in November 2005. In April 2005, the Municipality retained The Planning Partnership to assist in the preparation of a Secondary Plan based on the principles of new urbanism. A public meeting for the Secondary Plan was held in November 2007 and Official Plan Amendment 60 (OPA 60), the Brookhill Secondary Plan, was adopted by Council in May 2008. As this was a non-exempt OPA it was forwarded to the Region for approval. The Region approved OPA 60 on August 4, 2008 subject to an appeal period. Staff have been verbally advised that an appeal to OPA 60 was received by the Region from a resident on the east side of Regional Road 57. A copy of the appeal letter has not been received. 2.2.3 On July 10, 2008 a revised proposed draft plan of subdivision was submitted by the applicant. On August 11, 2008 the Municipality received a letter appealing the draft plan of subdivision pursuant to Section 51 (34) of the Planning Act, failure of Clarington 893 REPORT NO.: PSD-092-08 PAGE 5 to make a decision in respect of proposed draft plan. On August 18, 2008, a copy of a letter forwarded to the Ontario Municipal Board was provided to the Municipality of Clarington. This letter appeals the application for zoning by-law amendment. The application for zoning by-law amendment has been appealed pursuant to Section 34(11) of the Planning Act, failure of Clarington to make a decision in respect of application for rezoning. 3.0 COMMENTS 3.1 Staff have continued to meet with the applicants and agents for both the North Village applications and the Brookhill applications. At this time, a date for an OMB hearing has not been scheduled, 4.0 CONCLUSION 4.1 Staff recommends that Council receive the report for information. Attachments: Attachment 1 - North Village Key Map Attachment 2 - Brookhill Key Map Attachment 3 - Appeal Letters Interested parties to be notified of Council and Committee's decision: Smooth Run Developments Brookfield Homes (Ontario) Limited West Diamond Properties Inc. Players Business Park Limited Rozlyn Houser 894 Attachment 1 To Report PSD-092-08 CONCESSION ROAD 3 Brookfield Homes (Ontario) Limited ~ <( I a:: ~ Cl Newcastle Key Map Smooth Run Developments (Metrus Developments Inc.) J COP A 2005-008 Clarington Official Plan Amendment Smooth Run Developments (Metrus Developments Inc.) Proposed Subdivision Plan S-C-2005-003 Zoning By-law Amendment ZBA 2005-042 Brookfield Homes (Ontario) Limited Proposed Subdivision Plan S-C-2005-004 Zoning By-law Amendment ZBA 2005-043 895 ~ "> c: III ~ In Q, III ::IE c: o .. III U o ..J ~ Q) Q, e Q. Attachment 2 To Report PSD-092-08 - c: CI) E " c: CI) E c( ~ C'IS ... ~ m en c: .2 o N c: o .in .> . .- 0" 0.0 . ::::I .0 0.... o 0 ~c: O..! .0. U)= f! c en CI) :e~ CI) ; g.o. ~ en 0. en " CI) c: c: o en ~ ~ is f _ CI) en ~ ~:. t.: CI) c: ~ o .p7 0) . o . . o o N c( In N ~ 896 Attachment 3 To Report PSD-092-08 Barristers & Solicitors Goodmans 250 Yonge Street, Suite 2400 Toronto, Ontario Canada M5B 2M6 Telephone: 416.979.2211 Facsimile: 416.979.1234 goodmans.ca Direct Line: 416.597.4119 rhouser@goodmans.ca August 7, 2008 Our File No.: 07-1593 Delivered Via Courier Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Attention: Ms. Patti Barrie, Clerk Dear Ms. Barrie: Re: Brookfield Homes (Ontario) Limited Smooth Run Developments Inc. Appeal pursuant to Section 22(7) of the Planning Act Proposed Amendment to the Clarington Official Plan COP A-200S-008 We are solicitors for Brookfield Homes (Ontario) Limited ("Brookfield") and for Smooth Run Developments Inc. ("Smooth Run"), the owners of abutting parcels of land located generally in an area bounded by Concession Road 3 to the n011h, Regional Road 17 to the west, Arthur Street to the east and the rail line to the south, in the former Village of Newcastle in the Municipality of Clarington. The location of the Brookfield parcel, which comprises approximately 34.9 hectares ("Brookfield Lands") and the location of the Smooth Run parcel, which comprises approximately 73.9 hectares ("Smooth Run Lands"). On behalf of Brookfield and Smooth Run, we are appealing to the Board pursuant to subsection 22(7) of the Planning Act from the failure of Clarington to adopt an amendment to the Clarington Official Plan. Purpose of the Proposed Official Plan Amendment The application to amend Clarington's Official Plan (the "Proposed OPA") was jointly filed by Brookfield and Smooth Run. The purpose of the Proposed OP A is to facilitate the approval of residential draft plans of subdivision that have been proposed for the Brookfield Lands (No. S-C- 2005-004, the "Brookfield Draft Plan") and for the Smooth Run Lands (No. S-C-2005-003, the "Smooth Run Draft Plan") (collectively, the "Draft Plans"). GOODMANS\\5620789. ] 897 Cio0 dmans Page 2 Both the Brookfield Draft Plan and the Smooth Run Draft Plan provide for a mix of low and medium density lots and blocks, together with park and school blocks and roads. The Brookfield Draft Plan could accommodate over 400 dwelling units and the Smooth Run Draft Plan could accommodate over 1150 dwelling units, The Draft Plans have been designed in a coordinated manner such that each contains part lots and blocks along their shared property line which when put together could accommodate in excess of approximately 60 additional dwelling units. Brookfield and Smooth Run also each filed an application for approval of an amendment to the Clarington Zoning By-law to implement their respective Draft Plans, concurrently with filing their applications for approval of the Draft Plans. Back2;round Official Plan Desi2;nations and Policies The Brookfield Lands and the Smooth Run Lands are designated "Living Area" in the Durham Regional Official Plan. The policies of the Living Area designation of the Regional Official Plan permit the development of residential uses in a range of forms and densities. The Proposed OP A conforms with the policies of the Durham Regional Official Plan, The Land Use Map for the Newcastle Village Urban Area of the Clarington Official Plan designates most of both the Brookfield Lands and the Smooth Run Lands "Urban Residential", with the exception of a portion of each adjacent to Concession Road 3 North Street which have a "Future Urban Residential" designation. The policies of the Clarington Official Plan provide that lands in the Urban Residential designation will be used predominantly for residential uses in single, semi- detached, link and duplex house forms. The Future Urban Residential designation on the Brookfield Lands and the Smooth Run Lands is comprised of the lands located within the area of influence defined by the Minimum Distance Separation Formula for an existing agricultural operation located to the north. The special policies relating to this area provide that the Future Urban Residential designation will remain until the agricultural operation ceases. There are also various school, park and medium density residential overlay symbols shown on the Land Use Map on the Brookfield Lands and Smooth Run Lands. The Proposed Nei2;hbourhood Design Plan The Clarington Official Plan generally divides its urban areas into a number of Neighbourhood Plmming Units, each of which is delineated geographically on maps attached to the Official Plan and are ascribed a population and target housing mix. The Brookfield Lands and the Smooth Run Lands are located within the North Village Neighbourhood Planning Unit, and collectively comprise over 90% of all lands in the North Village Neighbourhood. . The policies of the Clarington Official Plan require that prior to the consideration and approval of a draft plml of subdivision, the development proponent will generally be required to prepare a GOODMANS\\5620789.1 898 Goodmans Page 3 Neighbourhood Design Plan for the Neighbourhood Planning Unit. The Neighbourhood Design Plan is to be a visual interpretation of the future development of the entire subject Neighbourhood, and shall include: . Road alignments and standards, . Sidewalks, trail systems, walkways, and cycling and transit routes, . Potential lotting, . Siting of schools, parks, open space lands, storm water management facilities and other community/utility uses. Shortly after the submission of their applications for approval of the Proposed OP A and their respective Draft Plans, Brookfield and Smooth Run jointly submitted a proposed Neighbourhood Design Plan for the North Village Neighbourhood. The Neighbourhood Design Plan submission was accompanied by a supporting Urban Design Brief and Functional Servicing Report. Details of the Proposed OP A The Proposed OP A increases the population and housing unit targets for the North Village Neighbourhood to reflect urban residential densities more consistent with Provincial Policy, and as reflected in the proposed Neighbourhood Design Plan and the Draft Plans. The Proposed OP A also revises the road pattern and road widths provided for in the Neighbourhood, and refines the locations of schools and parks in the Neighbourhood, consistent with the Neighbourhood Design Plan. A copy ofthe Proposed OP A is enclosed. Processing of the Applications Brookfield and Smooth Run filed applications for approval of the Proposed OP A and their respective Draft Plans and implementing zoning by-laws, and the proposed Neighbourhood Design Plan in August and September of 2005. Clarington held a statutory public meeting respecting the applications in January 2006. In the report prepared by staff for the meeting, it was recommended that the applications be processed, and a community consultation process be undertaken for the Neighourhood Design Plan. Since the applications were filed, Brookfield and Smooth Run have worked with Clarington, and other interested agencies, in an attempt to finalize the Neighbourhood Design Plan for the North Village Neighbourhood, and to resolve any issues identified respecting the Proposed OP A and their respective Draft Plans. At the request of Clarington, Brookfield and Smooth Run funded the retainer of an urban design consultant by the Town to peer review the Neighbourhood Design Plan, Our clients' consultants have worked with the Town's peer review consultant and staff, and have prepared several iterations GOODMANS\\5620789.1 899 G-oodnlans Page 4 of the Neighbourhood Design Plan; as well as updates to the supporting Urban Design Brief. A community consultation meeting was held respecting the Neighbourhood Design Plan in October 2007. We would also note that Brookfield and Smooth Run, have, together with certain other landowners in Clarington, jointly funded the preparation of a Municipality-wide Fiscal Impact Study that was finalized in March 2008. While Brookfield and Smooth Run have been able to reach a consensus with Clarington and other agencies on almost all issues that have been raised in respect of the Neighbourhood Design Plan and related planning applications, they are concerned that the processing of the applications has become unduly prolonged. In the spring of this year, Brookfield and Smooth Run had reached an understanding with Clarington staff that the Neighbourhood Design Plan was generally acceptable such that a final public open house for and approval of the Neighbourhood Design Plan could proceed in June, with the Proposed OP A and the first phase of each the Draft Plans and implementing zoning by-laws to be considered by Council after its summer recess. However, Clarington staff advised our clients in June that, because of other commitments, the Municipality would be deferring the public open house for the Neighbourhood Design Plan until the fall, which in turn would further delay consideration of the Draft Plans and implementing zoning by-law and the Proposed OPA. Given that the applications were filed almost three years ago, Brookfield and Smooth Run are very concerned with this additional delay. They believe that appealing their applications to the Board is necessary to ensure that the protracted process is finally completed. North Street - Durham Regional Road 17 There is an outstanding issue involving the Region of Durham affecting the Proposed OP A that may not be resolved without the Board's assistance. The issue relates to the proposed realignment of Regional Road 17 (North Street) as shown on the Proposed OP A. North Street, which forms the western boundary of the Brookfield Lands and the North Village Neighbourhood, currently terminates at Concession Road 3 in very close proximity to the interchange of Concession Road 3 and Highway 35/115. MTO has advised that North Street must be realigned through the Brookfield Lands so that it intersects with Concession Road 3 at a point 300 metres to the east of the interchange, This realignment is reflected on the proposed Neighbourhood Design Plan, Proposed OP A and the Draft Plans, using standards based on a 60 kmlhr design speed. The Region of Durham has advised that the realigned North Street should instead reflect design standards based on a 70 km/hr design speed. In our clients' view, such a high design speed is not necessary or desirable, given that this section of road is adjacent to future schools and terminates at a T intersection at Concession Road 3. The resulting alignment of North Street based on a 70 km/hr design speed creates development blocks that are configured in such a way that result in undesirable GOODMANSIl5620789.1 899001 Goodmans Page 5 and inefficient lotting, and therefore has significant negative impacts on the design of the Brookfield Draft Plan and the Smooth Run Draft Plan. The re-alignment of North Street proposed by the Region also has significant impacts on other properties with existing houses that currently have frontage on North Street that can be avoided by the alignment proposed by Brookfield and Smooth Run. Proposed Tributary Daylighting - Ganaraska Region Conservation Authority There is also an outstanding issue respecting the Ganaraska Region Conservation Authority (the "GRCA") relating to the proposed "day-lighting" and re-naturalizing of a tributary that currently flows underground as a result of the historical installation of a farm tile drainage system in the southwest of the Neighbourhood. This tributary is located on the Smooth Run Lands. While the tributary is not identified on the Clarington Official Plan and is not addressed by the Proposed OP A, it is an issue that must be resolved prior to finalizing the Neighbourhood Design Plan and the Smooth Run Draft Plan and implementing zoning by-law. The day-lighting of the tributary was originally suggested in a sub-watershed planning study for the area, completed by Clarington in 2001, which, however, also provided that the proposed day-lighting would be subject to further detailed study. Our clients' consultants have reviewed the matter, and concluded that, from an environmental perspective, day-lighting the tributary provides no apparent benefit, and could, in fact, be detrimental. While Clarington staff have indicated that they are prepared to accept our clients' position regarding the tributary, our clients have not received a full response from GRCA on this issue, Our clients have made numerous requests to GRCA commencing in February 2008 to convene a meeting to discuss the issue, which have gone unanswered. Accordingly, our clients are very frustrated with GRCA's unresponsiveness. Conclusion and Enclosures For the above reasons, Brookfield and Smooth Run have instructed us to appeal to the Board in respect of the Proposed OP A, and their respective Draft Plans and implementing zoning by-laws, In support of the appeal of the Proposed OP A we have enclosed: 1. a completed OMB Appellant Forms (01); 2. a cheques in the amount of$125, payable to the Minister of Finance; and 3. a copy of the Proposed OPA. GOODMANS\\5620789. ) 899002 Go 0 dmans If any further information is required, please do not hesitate to contact the undersigned. Yours very truly, 4(1.- /v GOODMANS LLP )711 A/ j i l Roslyn Houser cc: Mr. Bruce Fischer, Smooth Run Mr. Tom Albani, Smooth Run Mr. Peter Schut, Brookfield Ms. Cynthia Bird, Brookfield Mr. Bryce Jordan, The Semas Group Enc!. GOODMANS\\5620789.! Page 6 899003 r; Barristers & Solicitors Go 0 dmans 250 Yonge Street, Suite 2400 Toronto, Ontario Canada M5B 2M6 Telephone: 416.979.2211 Facsimile: 416.979.1234 goodmans.ca Direct Line: 416.597.4119 rhouser@goodmans.ca August 7, 2008 Our File No.: 07-1593 Delivered Via Courier Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Attention: Ms. Patti Barrie, Clerk Dear Ms. Barrie: Re: Brookfield Homes (Ontario) Limited Appeal pursuant to Section 51(34) of the Planning Act Proposed Draft Plan of Subdivision No. S-C-2005-004 Municipality of Clarington and Smooth Run Developments Inc. Appeal pursuant to Section 51(34) of the Planning Act Proposed Draft Plan of Subdivision No. S-C-200S-003 Municipality of Clarington We are solicitors for Brookfield Homes (Ontario) Limited ("Brookfield") and for Smooth Run Developments Inc. ("Smooth Run"), the owners of abutting parcels of land located generally in an area bounded by Concession Road 3 to the n011h, Regional Road 17 to the west, Arthur Street to the east and the rail line to the south, in the former Village of Newcastle in the Municipality. of Clarington. The location of the Brookfield parcel, which comprises approximately 34.9 hectares ("Brookfield Lands") and the location of the Smooth Run parcel, which comprises approximately 73.9 hectares ("Smooth Run Lands"), is shown on the attached plan. On behalf of Brookfield and Smooth Run, we are appealing to the Board pursuant to subsection 51 (34) of the Planning Act from the failure of Clarington to make a decision in respect of the above- referenced draft plans of subdivision in respect of the Brookfield Lands (the "Brookfield Draft Plan") and the Smooth Run Lands (the "Smooth Run Draft Plan") (collectively the "Draft Plans"). GOODMANS\\5620357.2 899004 Go 0 dman.s Page 2 Both the Brookfield Draft Plan and the Smooth Run Draft Plan provide for a mix of low and medium density lots and blocks, together with park and school blocks and roads. The Brookfield Draft Plan could accommodate over 400 dwelling units and the Smooth Run Draft Plan could accommodate over 1150 dwelling units. The Draft Plans have been designed in a coordinated manner such that each contains part lots and blocks along their shared propeliy line which when put together could accommodate in excess of approximately 60 additional dwelling units. Copies of both of the Draft Plans, revised as discussed below, are enclosed. Brookfield and Smooth also each filed an application for approval of an amendment to the Clarington Zoning By-law to implement their respective Draft Plans, concurrently with filing their applications for approval of the Draft Plans. Background Official Plan Designations and Policies The Brookfield Lands and the Smooth Run Lands are designated "Living Area" in the Durham Regional Official Plan. The policies of the Living Area designation of the Regional Official Plan permit the development of residential uses in a range of forms and densities. The Draft Plans conform with the policies of the Durham Regional Official Plan, The Land Use Map for the Newcastle Village Urban Area of the Clarington Official Plan designates most of both the Brookfield Lands and the Smooth Run Lands "Urban Residential", with the exception of a portion of each adjacent to Concession Road 3 North Street which have a "Future Urban Residential" designation. The policies of the Clarington Official Plan provide that lands in the Urban Residential designation will be used predominantly for residential uses in single, semi- detached, link and duplex house forms. The Future Urban Residential designation on the Brookfield Lands and the Smooth Run Lands is comprised of the lands located within the area of influence defined by the Minimum Distance Separation Formula for an existing agricultural operation located to the north. The special policies relating to this area provide that the Future Urban Residential designation will remain until the agricultural operation ceases. There are also various school, park and medium density residential overlay symbols shown on the Land Use Map on the Brookfield Lands and Smooth Run Lands, The Proposed Neighbourhood Design Plan The Clarington Official Plan generally divides its urban areas into a number of Neighbourhood Plmming Units, each of which is delineated geographically on maps attached to the Official Plan and are ascribed a population and target housing mix. The Brookfield Lands and the Smooth Run Lands are located within the North Village Neighbourhood Planning Unit, and collectively comprise over 90% of all lands in the North Village Neighbourhood. , GOODMANS\\56203572 899005 Go 0 dmans Page 3 The policies of the Clarington Official Plan require that prior to the consideration and approval of a draft plan of subdivision, the development proponent will generally be required to prepare a Neighbourhood Design Plan for the Neighbourhood Planning Unit. The Neighbourhood Design Plan is to be a visual interpretation of the future development of the entire subject Neighbourhood, and shall include: . Road aliglU11ents and standards, . Sidewalks, trail systems, walkways, and cycling and transit routes, . Potential lotting, . Siting of schools, parks, open space lands, storm water management facilities and other community/utility uses. Shortly after the submission of their applications for approval of their respective Draft Plans, Brookfield and Smooth Run jointly submitted a proposed Neighbourhood Design Plan for the North Village Neighbourhood. The Neighbourhood Design Plan submission was accompanied by a supporting Urban Design Brief and Functional Servicing Report. The Proposed OP A Concurrently with the submission of their respective applications for approval of their Draft Plans, Brookfield and Smooth Run also jointly submitted an application to amend Clarington's Official Plan (the "Proposed OP A"), the purpose of which is to facilitate approval of the Draft Plans and proposed implementing zoning by-laws. The Proposed OP A increases the population and housing unit targets for the North Village Neighbourhood to reflect urban residential densities more consistent with Provincial Policy, and as reflected in the proposed Neighbourhood Design Plan. The Proposed OP A also revises the road pattern and road widths provided for in the Neighbourhood, and refines the locations of schools and parks in the Neighbourhood, consistent with the Neighbourhood Design Plan. . Processine of the Applications Brookfield and Smooth Run filed applications for approval of their respective Draft Plans and implementing zoning by-laws, the Proposed OP A, and the proposed Neighbourhood Design Plan in August and September of 2005, Clarington held a statutory public meeting respecting the applications in January 2006. In the report prepared by staff for the meeting, it was recommended that the applications be processed, and a community consultation process be undertaken for the Neighourhood Design Plan. Since the applications were filed, Brookfield and Smooth Run have worked with Clarington, and other interested agencies, in an attempt to finalize the Neighbourhood Design Plan for the North GOODMANS\\5620357.2 899006 (~O()dln_ans Page 4 Village Neighbourhood, and to resolve any issues identified respecting their respective Draft Plans and the Proposed OP A. At the request of Clarington, Brookfield and Smooth Run funded the retainer of an urban design consultant by the Town to peer review the Neighbourhood Design Plan. Our clients' consultants have worked with the Town's peer review consultant and staff, and have prepared several iterations of the Neighbourhood Design Plan, as well as updates to the supporting Urban Design Brief. A community consultation meeting was held respecting the Neighbourhood Design Plan in October 2007. We would also note that Brookfield and Smooth Run, have, together with certain other landowners in Clarington, jointly funded the preparation of a Municipality-wide Fiscal Impact Study that was finalized in March 2008. We understand that the Neighbourhood Design Plan as revised by Brookfield and Smooth Run is generally acceptable to Clarington staff. Brookfield and Smooth Run have submitted revised Draft Plans that reflect the outcome of the discussions on the Neighbourhood Design Plan. There are some elements of the Neighbourhood Design Plan and Draft Plans respecting lot sizes and building form that require some further discussion with Clarington. However, our clients are confident that these are matters of detailed design that can be resolved. While Brookfield and Smooth Run have been able to reach a consensus with Clarington and other agencies on almost all issues that have been raised in respect of the Neighbourhood Design Plan and related planning applications, they are concerned that the processing of the applications has become unduly prolonged. In the spring of this year, Brookfield and Smooth Run had reached an understanding with Clarington staff that the Neighbourhood Design Plan was generally acceptable such that a final public open house for and approval of the Neighbourhood Design Plan could proceed in June, with the Proposed OP A and the first phase of each the Draft Plans and implementing zoning by-laws to be considered by Council after its summer recess. However, Clarington staff advised our clients in June that, because of other commitments, the Municipality would be deferring the public open house for the Neighbourhood Design Plan until the fall, which in turn would further delay consideration of the Draft Plans and implementing zoning by-law and the Proposed OP A. Given that the applications were filed almost three years ago, Brookfield and Smooth Run are very concerned with this additional delay. They believe that appealing their applications to the Board is necessary to ensure that the protracted process is finally completed. Region of Durham and GRCA Issues There are two very specific outstanding issues involving the Region of Durham and the Ganaraska Region Conservation Authority (the "GRCA"), that it appears may not be resolved without the Board's assistance. GOODMANS\\5620357.2 899007 Goodmans Page 5 The substantive issue involving the Region of Durham that remains unresolved pertains to the proposed realignment of Regional Road 17 (North Street) through the Brookfield Lands. North Street, which forms the western boundary of the Brookfield Lands, currently terminates at Concession Road 3 in very close proximity to the interchange of Concession Road 3 and Highway 35/115. MTO has advised that North Street must be realigned through the Brookfield Lands so that it intersects with Concession Road 3 at a point 300 metres to the east of the interchange. This realignment is reflected on the draft Neighbourhood Design Plan, Proposed OP A and the Draft Plans, using standards based on a 60 km/hr design speed. The Region of Durham has advised that the realigned N0l1h Street should instead reflect design standards based on a 70 km/hr design speed. In our clients' view, such a high design speed is not necessary or desirable, given that this section of road is adjacent to future schools and terminates at a T intersection at Concession Road 3. The resulting alignment of North Street based on a 70 kmIhr design speed creates development blocks that are configured in such a way that result in undesirable and inefficient lotting, and therefore has significant negative impacts on the design of the Brookfield Draft Plan and the Smooth Run Draft Plan. The re-alignment of North Street proposed by the Region also has significant impacts on other properties with existing houses that currently have frontage on North Street that can be avoided by the alignment proposed by Brookfield and Smooth Run. The outstanding issue involving the GRCA relates to the proposed "day-lighting" and re-naturalizing of a tributary that currently flows underground as a result of the historical installation of a farm tile drainage system in the southwest of the Neighbourhood. This tributary is located on lands owned by Smooth Run and the issue of its treatment needs to be resolved to finalize the Neighbourhood Design Plan and the Smooth Run Draft Plan. The day-lighting of the tributary was originally suggested in a sub-watershed planning study for the area, completed by Clarington in 2001, which, however, also provided that the proposed day-lighting would be subject to further detailed study. Our clients' consultants have reviewed the matter, and concluded that, from an enviromnental perspective, day- lighting the tributary provides no apparent benefit, and could, in fact, be detrimental. While Clarington staff have indicated that they are prepared to accept our clients' position regarding the tributary, our clients have not received a full response from GRCA on this issue. Our clients have made numerous requests to GRCA commencing in February 2008 to convene a meeting to discuss the issue, which have gone unanswered. Accordingly, our clients are very frustrated with GRCA's unresponsiveness. Conclusion and Enclosures For the above reasons, Brookfield and Smooth Run have instructed us to appeal to the Board in respect of the Draft Plans and implementing zoning by-laws, and the Proposed OP A. In support of the appeal of the Brookfield Draft Plan and the Smooth Run Draft Plan, we have enclosed: GOODMANS\\5620357.2 899008 Go 0 dmans Page 6 1. 2 completed OMB Appellant Forms (01); 2. 2 cheques, each in the amount of$125, payable to the Minister of Finance; and 3. a copy of the Brookfield Draft Plan and a copy of the Smooth Run Draft Plan. We note that Brookfield and Smooth Run are also appealing to the Board from Council's failure to enact its proposed amendment to Clarington's zoning by-law to implement the Draft Plans. Copies of the OMB Appellant Forms (01) and documentation in support of those appeals are also enclosed herewith. Yours very truly, GOODMANS LLP /,-... } / ) i /, /. ' / ' . . ,!p:::::~ j,I-,--.J . .... / " Roslyn Houser I~ , cc: Mr. Bruce Fischer, Smooth Run Mr. Tom Albani, Smooth Run Mr. Peter Schut, Brookfield Ms. Cynthia Bird, Brookfield Mr. Bryce Jordan, The Sernas Group Enc!. GOODMANS\\56203572 899009 Barristers & Solicitors Good.mallS 250 Yonge Street, Suite 2400 Toronto, Ontario Canada M5B 2M6 Telephone: 416.979.2211 Facsimile: 416.979.1234 goodmans.ca August 7, 2008 Our File No,: 07-1593 Direct Line: 416.597.4119 rhouser@goodmans.ca Delivered Via Courier Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto, ON M5G lE5 Attention: Mr. Patrick Hennessy, Secretary Dear Mr, Hennessy: Re: Brookfield Homes (Ontario) Limited Appeal pursuant to Section 34(11) of the Planning Act respecting a proposed amendment to Municipality of Clarington Zoning By-law Clarington File No. ZBA-2005-043 " Draft Plan of Subdivision No. S-C-200S-004 and Smooth Run Developments Inc. Appeal pursuant to Section 34(11) of the Planning Act respecting a proposed amendment to Municipality of Clarington Zoning By-law Clarington File No. ZBA-2005-042 Draft Plan of Subdivision No. S-C-2005-003 We are solicitors for Brookfield Homes (Ontario) Limited ("Brookfield") and for Smooth Run Developments Inc. ("Smooth Run"), the owners of abutting parcels of land located generally in an area bounded by Concession Road 3 to the north, Regional Road 17 to the west, Arthur Street to the east and the rail line to the south, in the former Village of Newcastle in the Municipality of Clarington, The location of the Brookfield parcel, which comprises approximately 34.9 hectares ("Brookfield Lands") and the location of the Smooth Run parcel, which comprises approximately 73.9 hectares ("Smooth Run Lands"), is shown on the attached plan. On behalf of Brookfield and Smooth Run, we are appealing to the Board from the failure of Clarington to make decisions in respect of their respective applications for approval of proposed amendments to Clarington's Zoning By-law in respect of the Brookfield Lands and the Smooth Run Lands, pursuant to subsection 34(11) of the Planning Act (the "Proposed ZEAs"). GOODMANS\\5616550.6 899010 C~oodrrlans Page 2 The Proposed Zoning Amendments and Draft Plans The purpose of the Proposed ZBAs is to implement the above-referenced residential draft plans of subdivision for the Brookfield Lands (the "Brookfield Draft Plan") and for the Smooth Run Lands (the "Smooth Run Draft Plan") (collectively, the "Draft Plans"). Both the Brookfield Draft Plan and the Smooth Run Draft Plan provide for a mix of low and medium density lots and blocks, together with park and school blocks and roads, The Brookfield Draft Plan could accommodate over 400 dwelling units and the Smooth Run Draft Plan could accommodate over 1150 dwelling units. The Draft Plans have been designed in a coordinated manner such that each contains part lots and blocks along their shared property line which when put together could accommodate in excess of approximately 60 additional dwelling units. Copies of both of the Draft Plans, revised as discussed below, are enclosed. The Proposed ZBAs apply zone categories to the Brookfield Lands and the Smooth Run Lands used in the Clarington Zoning By-law, with special categories as necessary, to permit the development proposed by the Draft Plans. A holding symbol is applied to the lands within the lands designated Future Urban Residential to implement the policy from the Clarington Official Plan discussed below. Background Official Plan Designations and Policies The Brookfield Lands and the Smooth Run Lands are designated "Living Area" in the Durham Regional Official Plan, The policies of the Living Area designation of the Regional Official Plan permit the development of residential uses in a range of forms and densities. The Draft Plans and the Proposed ZBAs conform to the policies of the Durham Regional Official Plan. The Land Use Map for the Newcastle Village Urban Area of the Clarington Official Plan designates most of both the Brookfield Lands and the Smooth Run Lands "Urban Residential", with the exception of a portion of each adjacent to Concession Road 3 North Street which have a "Future Urban Residential" designation. The policies of the Clarington Official Plan provide that lands in the Urban Residential designation will be used predominantly for residential uses in single, semi- detached, link and duplex house forms. The Future Urban Residential designation on the Brookfield Lands and the Smooth Run Lands is comprised of the lands located within the area of influence defined by the Minimum Distance Separation Formula for an existing agricultural operation located to the north, The special policies relating to this area provide that the Future Urban Residential designation will remain until the agricultural operation ceases. There are also various school, park and medium density residential overlay symbols shown on the Land Use Map on the Brookfield Lands and Smooth Run Lands. GOODMANS\\56] 6550.6 899011 Goodmans Page 3 The Proposed Neighbourhood Design Plan The Clarington Official Plan generally divides its urban areas into a number of Neighbourhood Planning Units, each of which is delineated geographically on maps attached to the Official Plan and ascribed a population and target housing mix, The Brookfield Lands and the Smooth Run Lands are located within the North Village Neighbourhood Planning Unit, and collectively comprise over 90% of the lands in the North Village Neighbourhood, The policies of the Clarington Official Plan require that prior to the consideration and approval of a draft plan of subdivision, the development proponent will generally be required to prepare a Neighbourhood Design Plan for the Neighbourhood Planning Unit. The Neighbourhood Design Plan is to be a visual interpretation of the future development of the entire subject Neighbourhood, and shall include: . Road alignments and standards, . Sidewalks, trail systems, walkways, and cycling and transit routes, . Potential lotting, . Siting of schools, parks, open space lands, storm water management facilities and other community/utility uses. Shortly after the submission of their applications for approval of their respective Draft Plans and Proposed ZBAs, Brookfield and Smooth Run jointly submitted a proposed Neighbourhood Design Plan for the North Village Neighbourhood, The Neighbourhood Design Plan submission was accompanied by a supporting Urban Design Brief and Functional Servicing Report. The Proposed or A Concurrently with the submission of their applications respecting their Draft Plan and Proposed ZBAs, Brookfield and Smooth Run also jointly submitted an application to amend Clarington's Official Plan (the "Proposed OP A"), the purpose of which is to facilitate approval of the Draft Plans and Proposed ZBAs, The Proposed OP A increases the population and housing unit targets for the North Village Neighbourhood to reflect urban residential densities more consistent with Provincial Policy and as reflected in the proposed Neighbourhood Design Plan. The Proposed OPA also revises the road pattern and road widths provided for in the Neighbourhood, and refines the locations of schools and parks in the Neighbourhood, consistent with the Neighbourhood Design Plan. Processing of the Applications Brookfield and Smooth Run filed complete applications for approval of their respective Draft Plans, and Proposed ZBAs and for approval of their jointly Proposed OP A and Neighbourhood Design Plan in August and September of 2005. Clarington held a statutory public meeting respecting the GOODMANS\\5616550.6 899012 (~()()dlrla:ns Page 4 applications in January 2006, In the report prepared by staff for the meeting, it was recommended that the applications be processed, and a community consultation process be undertaken for the Neighbourhood Design Plan. Since the applications were filed, Brookfield and Smooth Run have worked with Clarington, and other interested agencies, in an attempt to finalize the Neighbourhood Design Plan for the North Village Neighbourhood, and to resolve any issues identified respecting their respective Draft Plans and Proposed lBAs and the Proposed OP A. At the request of Clarington, Brookfield and Smooth Run funded the retainer of an urban design consultant by the Town to peer review the Neighbourhood Design Plan. Our clients' consultants have worked with the Town's peer review consultant and staff, and have prepared several iterations of the Neighbourhood Design Plan, as well as updates to the supporting Urban Design Brief. A community consultation meeting was held respecting the Neighbourhood Design Plan in October 2007. We would also note that Brookfield and Smooth Run, have, together with certain other landowners in Clarington, jointly funded the preparation of a Municipality-wide Fiscal Impact Study that was finalized in March 2008. We understand that the Neighbourhood Design Plan as revised by Brookfield and Smooth Run is generally acceptable to Clarington staff. Brookfield and Smooth Run have submitted revised Draft Plans that reflect the outcome of the discussions on the Neighbourhood Design Plan, There are some elements of the Neighbourhood Design Plan and Draft Plans respecting lot sizes and building form that require some further discussion with Clarington. However, our clients are confident that these are matters of detailed design that can be resolved, While Brookfield and Smooth Run have been able to reach a consensus with Clarington and other agencies on almost all issues that have been raised in respect of the Neighbourhood Design Plan and related planning applications, they are concerned that the processing of the applications has become unduly prolonged. In the spring of this year, Brookfield and Smooth Run had reached an understanding with Clarington staff that the Neighbourhood Design Plan was generally acceptable such that a final public open house for and approval of the Neighbourhood Design Plan could proceed in June, with the Proposed OP A and the first phase of each the Draft Plans and Proposed lBAs to be considered by Council after its summer recess, However, Clarington staff advised our clients in June that, because of other commitments, the Municipality would be deferring the public open house for the Neighbourhood Design Plan until the fall, which in turn would further delay consideration of the Draft Plans, Proposed OP A and Proposed lBAs. Given that the applications were filed almost three years ago, Brookfield and Smooth Run are very concerned with this additional delay. They believe that appealing their applications to the Board is necessary to ensure that the protracted process is finally completed. GOODMANS\\5Gj 6550.6 899013 C;.OOd.1ll.ans Page 5 Region of Durham and GRCA Issues There are two very specific outstanding issues involving the Region of Durham and the Ganaraska Region Conservation Authority (the "ORCA"), that it appears may not be resolved without the Board's assistance, The substantive issue involving the Region of Durham that remains unresolved pertains to the proposed realignment of Regional Road 17 (North Street) through the Brookfield Lands. North Street, which forms the western boundary of the Brookfield Lands, currently. terminates at Concession Road 3 in very close proximity to the interchange of Concession Road 3 and Highway 35/115. MTO has advised that North Street must be realigned through the Brookfield Lands so that it intersects with Concession Road 3 at a point 300 metres to the east of the interchange. This realignment is reflected on the draft Neighbourhood Design Plan, Proposed OP A and the Draft Plans, using standards based on a 60 lan/hI' design speed. The Region of Durham has advised that the realigned North Street should instead reflect design standards based on a 70 km/hr design speed, In our clients' view, such a high design speed is not necessary or desirable, given that this section of road is adjacent to future schools and terminates at a T intersection at Concession Road 3. The resulting alignment of North Street based on a 70 km/hr design speed creates development blocks that are configured in such a way that result in undesirable and inefficient lotting, and therefore has significant negative impacts on the design of the Brookfield Draft Plan and the Smooth Run Draft Plan. The re-alignment of North Street proposed by the Region also has significant impacts on other properties with existing houses that currently have frontage on North Street that can be avoided by the alignment proposed by Brookfield and Smooth Run. The outstanding issue involving the ORCA relates to the proposed "day-lighting" and re-naturalizing of a tributary that currently flows underground as a result of the historical installation of a farm tile drainage system in the southwest of the Neighbourhood. This tributary is located on lands owned by Smooth Run, and the issue of its treatment needs to be resolved to finalize the Neighbourhood Design Plan, the Smooth Run Draft Plan and the Proposed ZBA for the Smooth Run Lands, The day-lighting of the tributary was originally suggested in a sub-watershed planning study for the area, completed by Clarington in 2001, which, however, also provided that the proposed day-lighting would be subject to further detailed study. Our clients' consultants have reviewed the matter, and concluded that, from an environmental perspective, day-lighting the tributary provides no apparent benefit, and could, in fact, be detrimental. While Clarington staff have indicated that they are prepared to accept our clients' position regarding the tributary, our clients have not received a full response from ORCA on this issue. Our clients have made numerous requests to ORCA commencing in February 2008 to convene a meeting to discuss the issue, which have gone unanswered. Accordingly, our clients are very frustrated with GRCA's unresponsiveness. GOODMANS\\56 J 6550.6 899014 (~i()()dll1arlS Page 6 Conclusion and Enclosures For the above reasons, Brookfield and Smooth Run have instructed us to appeal to the Board in respect of the Draft Plans, Proposed ZBAs and Proposed OP A. In support of the appeals of the Proposed ZBAs, we have enclosed: 1. two completed OMB Appellant Forms (01); 2, two cheques, each in the amount of$125 payable to the Minister of Finance; 3. a copy of the Proposed ZBA for each of the Brookfield Lands and the Smooth Run Lands; 4. copies of the Notices of Public Meeting, Minutes and Staff Report considered at that meeting; 5. an Affidavit sworn by Judy Bates certifying that Council neglected to make a decision on the Proposed ZBA applications within 120 days, that the prescribed information in suppOli of the applications were submitted to the Municipality, and that the appeals are being filed at least 120 days after the fulfillment of this requirement; 6. an Affidavit sworn by Judy Bates certifying that copies of the above materials were provided to the Clerk of the Municipality of Clarington; and 7. a copy of a map of the Brookfield and Smooth Run Lands. If any further information is required, please do not hesitate to contact the undersigned. Yours very truly, GOODMANS LLP " '1 " i ! r i I f / 'f',.\ iOSrYl{'Houser cc: Mr. Bruce Fischer, Smooth Run Mr. Tom Albani, Smooth Run Mr. Peter Schut, Brookfield Ms. Cynthia Bird, Brookfield Mr. Bryce Jordan, The Sernas Group Ene!. GOODMANS\\5616550.6 899015 Barristers & Solicitors Go 0 dmans 250 Yonge Street, Suite 2400 Toronto, Ontario Canada M5B 2M6 Telephone: 416.979.2211 Facsimile: 416.979.1234 goodmans.ca August 7, 2008 Direct Line: 416.597.4119 rhouser@goodmans.ca Our File No.: 04-1205 By Courier Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario, LIe 3A6 Attention: Ms. Patti Barrie, Clerk Dear Ms. Barrie: Re: West Diamond Properties Inc. and Players Business Park Ltd. Part Lot 17, Concession 2, Municipality of Clarington ("Clarington") Notice of Appeal Pursuant to Section 51(34) of the Planning Act Draft Plan of Subdivision No. S-C-2004-004 We are the solicitors for West Diamond Properties Inc. and Players Business Park Ltd, (hereinafter collectively referred to as "West Diamond"). West Diamond has applied to Clarington for approval of the above-referenced draft plan of subdivision (the "Draft Plan"), respecting an approximately 40.4 hectare parcel of vacant land owned by West Diamond fronting on the west side of Green Road, north of King Street in the Bowmanville Urban Area of Clarington (the "Subject Lands"). On behalf of West Diamond, we are appealing to the Board from Clarington's failure of to make a decision in respect of the Draft Plan pursuant to subsection 51 (34) of the Planning Act. The Draft Plan is comprised of a mix of low and medium density lots and blocks that would accommodate approximately 612 dwelling units, together with a neighbourhood park block, a parkette block and roads. PlanninJ! BackJ!round The Subject Lands are designated "Living Area" in the Durham Regional Official Plan. The policies of the Living Area designation of the Regional Official Plan permit the development of residential uses in a range offorms and densities. The Clarington Official Plan designates the Subject Lands as "Urban Residential" on the Land Use Map for the Bowmanville Urban Area. The policies of the Clarington Official Plan provide that the 899016 (ioodmans Page 2 lands in the Urban Residential designation will be used predominantly for residential uses in single, semi-detached, link and duplex house forms, with medium and high density residential uses to be generally in those locations identified by special overlay symbols on the Land Use Map. The Clarington Official Plan generally divides its Urban Areas into a number of Neighbourhood Planning Units, each of which is delineated geographically on maps attached to the Official Plan, The Subject Lands are located within the Brookhill Neighbourhood Planning Unit. The policies of the Clarington Official Plan require that the preparation of a Secondary Plan is generally not required prior to development within a Neighbourhood Planning Unit, but that prior to the approval of a draft plan of subdivision the development proponent will be required to prepare a Neighbourhood Design Plan for the relevant Neighbourhood Planning Unit. The Neighbourhood Design Plan is to illustrate the detailed design components of the future development of the Neighbourhood, such as: lotting fabric, roads, sidewalks, trails, walkways, cycling and transit routes, and the location of schools, parks, open space lands, storm wa,ter management facilities and other community/utility facilities. Processin!! of the West Diamond Applications West Diamond originally filed applications with Clarington for the approval of the Draft Plan, and an implementing amendment to Clarington's zoning by-law on August 22, 2003, At that time, Clarington refused to accept the applications, and returned them with a letter stating that the applications were "deemed to be premature" because Clarington was in the process of undeliaking a Sub- Watershed Study for the Neighbourhood. The letter also stated that a Neighbourhood Design Plan would be required in accordance with the policies of the Official Plan, and that Clarington would not commence consideration of a Neighbourhood Design Plan until the Sub-Watershed Study was complete. At that time, West Diamond received assurances that the Sub-Watershed Study would be completed in May 2004. West Diamond actively participated in the consultation process for the preparation of the Sub- Watershed Study that was commenced in October 2002, and in fact funded a portion of the study. The final Sub-Watershed Study was not ultimately completed until November 2005. In February 2004, Clarington Council adopted a report from staff recommending that a Secondary Plan be prepared as a amendment to the Clarington Official Plan to guide the detailed design of the Brookhill Neighbourhood through a study process led by the Municipality. Staff's recommendation that the design for the Brookhill Neighbourhood be undertaken by way of Secondary Plan, rather than through the preparation of a Neighbourhood Design Plan by landowners as contemplated by the policies of the Clarington Official Plan, was based on staff's view that the principles of new urbanism intended for Brookhill could be better achieved through a Secondary Plan. As a result of its concerns with the delay that would likely result from the design for the Brookhill Neighbourhood being undertaken through a municipal-led Secondary Plan exercise, West Diamond re-submitted its applications for approval of the Draft Plan and implement zoning by-law in May 899017 Go 0 dmans Page 3 2004. Following the resolution of a dispute with Clarington respecting applicable fees, Clarington acknowledged that the applications were complete as of October, 15,2004. At the time West Diamond re-submitted its applications in May 2004, it also submitted to Clarington, jointly with the other major landowners in the Brookhill Neighbourhood, a proposed detailed framework and workplan for the preparation of a Neighbourhood Design Plan that would specifically focus on the new urbanism principles that Clarington had expressed a desire to have reflected in the design of the Neighbourhood. It was proposed that the Neighbourhood Design Plan study be funded by West Diamond, with extensive Clarington Council and staff involvement and public consultation. However, in June 2004 Clarington rejected the landowners' proposed Neighbourhood Design Plan process, but also decided to defer the initiation of the planning study for the Brookhill Secondary Plan until 2005, citing a lack of financial resources as the reason for the delay. As a result of Clarington's apparent unwillingness to move forward with planning for the Brookhill Neighbourhood, in August 2004 West Diamond filed appeals to the Board from Clarington's failure to make a decision on the Draft Plan and implementing zoning by-law amendment. However, Clarington refused to forward West Diamond's Draft Plan appeal to the Board, based on Clarington's interpretation that the statutory timeframe for an appeal had not expired. Clarington staff also wrote to West Diamond in November 2004, advising that in staffs opinion the Draft Plan would trigger the need for certain amendments to Clarington's Official Plan, and indicating that West Diamond's planning applications would not be processed until Clarington had finalized a Secondary Plan for Brookhill. In December 2004, Clarington held a statutory public meeting in respect of West Diamond's planning applications. The staff report considered at that meeting recommended that the applications be referred back to staff for fmiher processing and the preparation of a Secondary Plan for the Brookhill Neighbourhood, At the same meeting, Council adopted another report from staff recommending that Clarington proceed with the Secondary Plan study for Brookhill forthwith, as a result of the West Diamond appeals, While West Diamond did not agree with Clarington staffs position that approval the Draft Plan would require amendments to the Clarington Official Plan, out of an abundance of caution, it filed an Official Plan amendment application on December 29,2004. Following fmiher discussions with Clarington staff in early 2005, West Diamond decided, in an effort to establish a mutually cooperative process with Clarington for the preparation of a Design Plan for the Brookhill Neighbourhood and approval of its Draft Plan, to withdraw its Official Plan amendment application and to defer its appeals respecting the Draft Plan and implementing zoning by-law amendment. West Diamond's decision to do so, and to participate in the Municipality's process for the preparation of a Secondary Plan for the Brookhill Neighbourhood, was based on its understanding that Clarington intended to commence the study for the Secondary Plan in early 2005, and to complete it on an expeditious basis. 899018 Good.marlS Page 4 Adoption of the Brookhill Secondary Plan (OPA No. 60) In April 2005, Clarington retained a consulting team to prepare a Secondary Plan and Urban Design Guidelines for the Brookhill Neighbourhood. In October and November 2005, the consultants held a series of design charrettes and released a report that documented the design concepts that were developed through the charrettes. No further progress appears to have been made with respect to the study until the summer of 2007, when West Diamond requested a meeting with Clarington staff to discuss the progress of the Secondary Plan. At a meeting in July 2007, Clarington staff advised that it was their intention to hold public meetings respecting the Secondary Plan in the fall of 2007, and present the Plan to Council for adoption by the end of 2007. The statutory public meeting was ultimately held in November 2007, but the Secondary Plan (OP A No. 60) was not finally adopted by Clarington Council until May 6, 2008. OP A No. 60 has been submitted to the Regional Municipality of Durham for approval, and we understand that a decision by the Region is imminent. Appeal of the Draft Plan West Diamond has filed with Clarington a revision to the Draft Plan that implements the details of OPA No. 60. A copy of the Draft Plan is enclosed. As noted above, West Diamond originally filed its application for approval of the Draft Plan almost 5 years ago. West Diamond is prepared to work with Clarington staff to finalize the details of the Draft Plan and related conditions of approval. However, given the difficulties West Diamond has experienced in having Clarington process its planning applications, and the protracted process to finalize the Brookhill Neighbourhood Secondary Plan, West Diamond is concerned that without the Board's assistance the process to finalize the Draft Plan and implementing zoning by-law amendment may become unreasonably delayed. Accordingly, West Diamond has instructed us to appeal the Draft Plan to the Board. If Clarington processes and approves the Draft Plan in a timely manner, West Diamond is prepared to withdraw its appeal. In support of this appeal, we are enclosing herewith two copies of a completed OMB Appellant Form (AI) and a cheque in the amount of$125.00 payable to the Minister of Finance, as the Board's fee to file the appeal. 899019 Go 0 dmans Page 5 We note West Diamond is also appealing to the Board from Council's failure to enact its proposed amendment to Clarington's zoning by-law to implement the Draft Plan. A copy of the OMB Appellant Form (01) and documentation in support of that appeal is also enclosed herewith. Yours very truly, GOODMANS LLP /.,,'~'.-)" ..1......: /.' / ; - j:! cd~,..v' (/~ ; /. , -"..... . {."......"1.\ Rosiy~ Houser J,/,-- 'V Encl. cc: Mr. Bruce Fischer, West Diamond Mr. Tom Albani, West Diamond Mr. Peter Smith, Bousfields Inc. Ms. Kate Cooper, Bousfields Inc. GOODMANS\HOWER\56 I 8389.2 899020 Barristers & Solicitors Goodlnans 250 Yonge Street, Suite 2400 Toronto, Ontario Canada M5B 2M6 Telephone: 416.979.2211 Facsimile: 416.979.1234 goodmans.ca August 7,2008 Direct Line: 416.597.4119 rhouser@goodmans.ca Our File No,: 04-1205 By Courier Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto, Ontario M5G lE5 Attention: Mr. Patrick Hennessy, Secretary Dear Mr. Hennessy: . Re: West Diamond Properties Inc. and Players Business Park Ltd. Part Lot 17, Concession 2, Municipality of Clarington ("Clarington") Proposed Amendment to Clarington Zoning By-law Notice of Appeal Pursuant to Section 34(11) of the Planning Act Related File - Draft Plan of Subdivision No. S-C-2004-004 We are the solicitors for West Diamond Properties Inc. and Players Business Park Ltd. (hereinafter collectively referred to as "West Diamond"), West Diamond has applied to Clarington for approval of an amendment to the Clarington Zoning By-law in conjunction with an application for a draft plan of subdivision in respect of a 40.4 hectare parcel of vacant land owned by West Diamond fronting on the west side of Green Road, north of King Street in the Bowmanville Urban Area of Clarington (the "Subject Lands"). On behalf of West Diamond, we are appealing to the Board from Clarington's failure of to make a decision in respect of the approval of an amendment to the Clarington By-law ("Proposed ZBA") pursuant to subsection 34(11) of the Planning Act, The Purpose of the Proposed ZBA The purpose of the Proposed ZBA is to implement the above-referenced residential draft plan of subdivision for the Subject Lands (the "Draft Plan"). The Draft Plan is comprised of a mix of low and medium density lots and blocks that would accommodate approximately 612 dwelling units, together with a neighbourhood park block, a pm"kette block and roads. GOODMANS\\5620370.J 899021 Ci-o0 dmans Page 2 The Proposed ZBA applies zone categories to the Brookfield Lands and the Smooth Run Lands used in the Clarington Zoning By-law, with special categories as necessary, to permit the development proposed by the Draft Plan. PlanninJ! BackJ!round The Subject Lands are designated "Living Area" in the Durham Regional Official Plan, The policies of the Living Area designation of the Regional Official Plan permit the development of residential uses in a range of forms and densities. The Clarington Official Plan designates the Subject Lands as "Urban Residential" on the Land Use Map for the Bowmanville Urban Area. The policies of the Clarington Official Plan provide that the lands in the Urban Residential designation will be used predominantly for residential uses in single, semi-detached, link and duplex house forms, with medium and high density residential uses to be generally in those locations identified by special overlay symbols on the Land Use Map. The Clarington Official Plan generally divides its Urban Areas into a number of Neighbourhood Planning Units, each of which is delineated geographically on maps attached to the Official Plan. The Subject Lands are located within the Brookhill Neighbourhood Planning Unit. The policies of the Clarington Official Plan require that the preparation of a Secondary Plan is generally not required prior to development within a Neighbourhood Planning Unit, but that prior to the approval of a draft plan of subdivision the development proponent will be required to prepare a Neighbourhood Design Plan for the relevant Neighbourhood Planning Unit. The Neighbourhood Design Plan is to illustrate the detailed design components of the future development of the Neighbourhood, such as: lotting fabric, roads, sidewalks, trails, walkways, cycling and transit routes, and the location of schools, parks, open space lands, storm water management facilities and other community/utility facilities. ProcessinJ! of the West Diamond Applications West Diamond originally filed applications with Clarington for the approval of the ZBA and the Draft Plan on August 22, 2003. At that time, Clarington refused to accept the applications, and returned them with a letter stating that the applications were "deemed to be premature" because Clarington was in the process of undertaking a Sub-Watershed Study for the Neighbourhood. The letter also stated that a Neighbourhood Design Plan would be required in accordance with the policies of the Official Plan, and that Clarington would not commence consideration of a Neighbourhood Design Plan until the Sub-Watershed Study was complete. At that time, West Diamond received assurances that the Sub-Watershed Study would be completed in May 2004, West Diamond actively participated in the consultation process for the preparation of the Sub- Watershed Study that was commenced in October 2002, and in fact funded a portion of the study, The final Sub- Watershed Study was not ultimately completed until November 2005. GOODMANS\\5620370.1 899022 (~i-oodlIlarlS Page 3 In February 2004, Clarington Council adopted a report from staff recommending that a Secondary Plan be prepared as a amendment to the Clarington Official Plan to guide the detailed design of the Brookhill Neighbourhood through a study process led by the Municipality. Staffs recommendation that the design for the Brookhill Neighbourhood be undertaken by way of Secondary Plan, rather than through the preparation of a Neighbourhood Design Plan by landowners as contemplated by the policies of the Clarington Official Plan, was based on staffs view that the principles of new urbanism intended for Brookhill could be better achieved through a Secondary Plan. As a result of its concerns with the delay that would likely result from the design for the Brookhill Neighbourhood being undertaken through a municipal-led Secondary Plan exercise, West Diamond re-submitted its applications for approval of the Draft Plan and the Proposed ZBA in May 2004. Following the resolution of a dispute with Clarington respecting applicable fees, Clarington acknowledged that the applications were complete as of October, 15, 2004. At the time West Diamond re-submitted its applications in May 2004, it also submitted to Clarington, jointly with the other major landowners in the Brookbill Neighbourhood, a proposed detailed framework and workplan for the preparation of a Neighbourhood Design Plan that would specifically focus on the new urbanism principles that Clarington had expressed a desire to have reflected in the design of the Neighbourhood. It was proposed that the Neighbourhood Design Plan study be funded by West Diamond, with extensive Clarington Council and staff involvement and public consultation, However, in June 2004 Clarington rejected the landowners' proposed Neighbourhood Design Plan process, but also decided to defer the initiation of the planning study for the Brookhill Secondary Plan until 2005, citing a lack of financial resources as the reason for the delay, As a result of Clarington's apparent unwillingness to move forward with plmming for the Brookhill Neighbourhood, in August 2004 West Diamond filed appeals to the Board from Clarington's failure to make a decision on the Draft Plan and implementing zoning by-law amendment. However, Clarington refused to forward West Diamond's Draft Plan appeal to the Board, based on Clarington's interpretation that the statutory timeframe for an appeal had not expired, Clarington staff also wrote to West Diamond in November 2004, advising that in staffs opinion the Draft Plan would trigger the need for certain amendments to Clarington's Official Plan, and indicating that West Diamond's planning applications would not be processed until Clarington had finalized a Secondary Plan for Brookbill. In December 2004, Clarington held a statutory public meeting in respect of West Dimnond's planning applications. The staff report considered at that meeting recommended that the applications be referred back to staff for further processing and the preparation of a Secondary Plan for the Brookhill Neighbourhood. At the same meeting, Council adopted another report from staff recommending that Clarington proceed with the Secondary Plan study for Brookhill forthwith, as a result of the West Diamond appeals. GOODMANS\\5620370.1 899023 Cioodmans Page 4 While West Diamond did not agree with Clarington staffs position that approval the Draft Plan would require amendments to the Clarington Official Plan, out of an abundance of caution, it filed an Official Plan amendment application on December 29,2004. Following further discussions with Clarington staff in early 2005, West Diamond decided, in an effort to establish a mutually cooperative process with Clarington for the preparation of a Design Plan for the Brookhill Neighbourhood and approval of its Draft Plan, to withdraw its Official Plan amendment application and to defer its appeals respecting the Draft Plan and the proposed ZBA. West Diamond's decision to do so, and to participate in the Municipality's process for the preparation of a Secondary Plan for the Brookbill Neighbourhood, was based on its understanding that Clarington intended to commence the study for the Secondary Plan in early 2005, and to complete it on an expeditious basis. Adoption o{the Brookhill Secondarv Plan (OPA No. 60) In April 2005, Clarington retained a consulting team to prepare a Secondary Plan and Urban Design Guidelines for the Brookhill Neighbourhood. In October and November 2005, the consultants held a series of design charrettes and released a report that documented the design concepts that were developed through the charrettes, No further progress appears to have been made with respect to the study until the summer of 2007, when West Diamond requested a meeting with Clarington staff to discuss the progress of the Secondary Plan. At a meeting in July 2007, Clarington staff advised that it was their intention to hold public meetings respecting the Secondary Plan in the fall of 2007, and present the Plan to Council for adoption by the end of 2007, The statutory public meeting was ultimately held in November 2007, but the Secondary Plan (OP A No. 60) was not finally adopted by Clarington Council until May 6, 2008. OP A No. 60 has been submitted to the Regional Municipality of Durham for approval, and we understand that a decision by the Region is imminent. The Revised Draft Plan West Diamond has filed with Clarington a revision to the Draft Plan that implements the details of OP A No. 60, a copy of which Draft Plan is enclosed. The Proposed ZBA permits the development contemplated by the revised Draft Plan. As noted above, West Diamond originally filed its application for approval of the Draft Plan and the Proposed ZBA almost 5 years ago, West Diamond is prepared to work with Clarington staff to finalize the details of the Draft Plan, the related conditions of approval and the Proposed ZBA. However, given the difficulties West Diamond has experienced in having Clarington process its planning applications, and the protracted process to finalize the Brookhill Neighbourhood Secondary Plan, West Diamond is concerned that without the Board's assistance the process to finalize the Draft Plan and the Proposed ZBA amendment may become unreasonably delayed. Accordingly, West Diamond has instructed us to appeal the Proposed ZBA to the Board. West Diamond is also appealing to the Board from Council's failure to approve the Draft Plan. If Clarington processes and GOODMANS\\5620370.1 899024 (i() ()(irnans Page 5 approves the Draft Plan and Proposed ZBA in a timely manner, West Diamond is prepared to withdraw the appeals. As noted above, in August 2004 West Diamond filed an appeal with the Board respecting the Proposed ZBA. At that time the Board assigned Z040 1 08 and PL040851 as the file and case numbers for the appeal. However, as also noted above, we subsequently requested that the Board hold the appeal in abeyance. Since we are unsure as to whether these files are still open at the Board, we are filing the new appeal enclosed. In support of this appeal, we are enclosing the following: 1. a completed OMB Appellant Form (01); 2. a cheque in the amount of$125 payable to the Minister of Finance; 3. a copy of the Proposed ZBA; 4. a copy of the Notive of Public Meeting, Minutes and Staff Report Considered at that meeting; 5. Affidavit sworn by Judy Bates certifying that Council neglected to make a decision on the Draft Plan within 120 days that the prescribed information in support of the appeal was submitted to the Municipality and that the appeal is being filed at least 120 days after the fulfillment of this requirement; 6. Affidavit sworn by Judy Bates certifying that copies of the above materials were provided to the Clerk of the Municipality of Clarington; and 7. a copy of a map of the Brookfield Lands. If further information is required, please do 110t hesitate to contact the undersigned. Yours very truly, GOODMANS LLP ~,.:t "_,, . j Roslyn Houser /1 Encl. GOODMANS\\5620370.J 899025 (~()od.1nans Page 6 cc: Mr. Bruce Fischer, West Diamond Mr. Tom Albani, West Diamond Mr. Peter Smith, Bousfields Inc. Ms, Kate Cooper, Bousfields Inc. GOODMANS\\5620370.! 899026 ~n REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8, 2008 Resolution #: Report #: EGD-036-08 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JUNE, 2008. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-036-08 be received for information. o~~ Reviewed by: Franklin Wu Chief Administrative Officer Submitted by: ~2 j .J-- A. S. Cannella, C.E.T. Director of Engineering Services ASC*RP*bb July 24, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824 901 REPORT NO.: EGD-036-08 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of JUNE 2008, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF JUNE 2008 2007 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2008-2007 Residential 123 $20,415,438 103 $16,935,534 20.5% Industrial 3 $15305000 4 $260,000 5,786.5% Government 1 $1,500,000 0 $0 N/A Commercial 4 $186,000 6 $2,242,523 -91.7% Institutional 0 $0 3 $70,300 N/A Agricultural 0 $0 7 $1,071,478 N/A Demolition 9 $0 7 $0 N/A TOTAL 140 $37,406,438 130 $20,579,835 81.8% 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 390 $64,234,914 461 $80,288,558 -20.0% Industrial 4 $16,520,056 10 $6,576,800 151.2% Government 3 $3,175,000 0 $0 N/A Commercial 27 $2,303,151 27 $10,809,488 -78.7% Institutional 7 $3,115,000 3 $70,300 4,331.0% Agricultural 14 $5,533,960 14 $2,842,492 94.7% Demolition 18 $0 23 $0 N/A TOTAL 463 $94,882,081 538 $100,587,638 -5.7% 902 REPORT NO.: EGD-036-08 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: Owner I Applicant Construction Type Location Value REGIONAL MUNICIPALITY OF New Ambulance Facility 2,701 COURTICE ROAD, COURTICE $1,500,000 DURHAM ONTARIO POWER GENERATION Change & Lunch Rooms 2,151 SOUTH SERVICE ROAD, $14,000,000 DARLINGTON 1419190 ONTARIO INC. Warehouse/Office Steel 175 LAKE ROAD, BOWMANVILLE $1,300,000 Fabrication 903 REPORT NO.: EGD-036-08 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "JUNE" and "YEAR TO DATE", 8 Semi- Detached 10% Dwelling Unit Type "JUNE" 2008 1 0 Apartment Townhouse 1% 0% 75 Single Detached 89% Dwelling Unit Type "YEAR TO DATE 2008" 3 Apartment 1% 25 Townhouse 9% 36 Semi- Detached 13% 203 Single Detached 77% II Single Detached 75 . Semi-Detached 8 o Townhouse 0 o Apartment 1 II Single Detached 203 . Semi-Detached 36 o Townhouse 25 o Apartment 3 The following is a historical comparison of the building permits issued for the month of "JUNE" and "YEAR TO DATE" for a three year period. $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 II Value Historical Data for Month of "JUNE" $102,000,000 $100,000,000 $98,000,000 $96,000,000 $94,000,000 $92,000,000 $90,000,000 $88,000,000 $86,000,000 $84,000,000 III Value Historical Data "YEAR TO DATE" 904 REPORT NO.: EGD-036-08 PAGE 5 PERMIT REVENUES 2008 2007 June Year to Date June Year to Date I PERMIT FEES $188,785 $587,605 $145,895 $763,432 INSPECTION SERVICES 2008 2007 June Year to Date June Year to Date Building Inspections 239 1,809 529 2,907 Plumbing & Heating Inspections 250 2,253 485 2,583 Pool Enclosure Inspections 0 0 0 0 TOTAL 489 4,062 1,014 5,490 NUMBER OF NEW RESIDENTIAL UNITS 2008 2007 June Year to Date June Year to Date Single Detached 75 203 44 232 Semi-Detached 8 36 16 74 Townhouse 0 25 17 37 Apartments 1 3 0 1 TOTAL 84 267 77 344 905 REPORT NO.: EGD-036-08 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2008 (to end of 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 AREA June) Bowmanvllle 147 451 608 307 587 468 345 312 188 184 313 Courtice 74 82 126 241 173 180 133 129 231 296 254 Newcastle 13 77 84 202 191 123 131 76 110 78 4 Wilmot Creek 14 16 15 15 25 29 38 24 19 21 33 Orono 2 1 1 1 2 0 1 0 0 1 0 Darlington 4 6 7 14 15 13 17 47 102 31 14 Clarke 2 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 267 655 860 802 1,015 843 701 609 679 640 636 906 Cl~n REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8, 2008 Resolution #: Report #: EGD-037-08 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JULY, 2008. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-037-08 be received for information. Submitted by: A. S. Cannella, C.E.T. Director of Engineering Services 4fea/JtW- ReVieWedbY:O ~~ Franklin Wu Chief Administrative Officer ASC*RP*bb August 15, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824 907 REPORT NO.: EGD-037-08 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of JULY 2008, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF JULY 2008 2007 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2008-2007 Residential 130 $28,955,182 76 $11,316,823 155.9% Industrial 1 $20000 0 $0 N/A Government 0 $0 0 $0 N/A Commercial 2 $160,000 9 $2,541,941 -93.7% Institutional 2 $15,000 2 $1,169,600 -98.7% Agricultural 1 $20,000 1 $760,596 -97.4% Demolition 1 $0 0 $0 N/A TOTAL 137 $29,170,182 88 $15,788,960 84.8% 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 520 $93,190,096 537 $91,605,381 1.7% Industrial 5 $16,540,056 10 $6,576,800 151.5% Government 3 $3,175,000 0 $0 N/A Commercial 29 $2,463,151 36 $13,351,429 -81.6% Institutional 9 $3,130,000 5 $1,239,900 152.4% Agricultural 15 $5,553,960 15 $3,603,088 54.1% Demolition 19 $0 23 $0 N/A TOTAL 600 $124,052,263 626 $116,376,598 6.6% 908 REPORT NO.: EGD-037-08 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: Owner I Applicant Construction Type Location Value CCCC DURHAM EAST LTD Condominium 6 Suite 365 LAKEBREEZE DRIVE, $1,270,410 Building A NEWCASTLE VILLAGE CCCC DURHAM EAST L TO Condominium 6 Suite 355 LAKEBREEZE DRIVE, $1,270,410 Building B NEWCASTLE VILLAGE CCCC DURHAM EAST LTD Condominium 6 Suite 345 LAKE BREEZE DRIVE, $1,270,410 Building C NEWCASTLE VILLAGE CCCC DURHAM EAST LTD Condominium 6 Suite 335 LAKEBREEZE DRIVE, $1,270,410 Building D NEWCASTLE VILLAGE 909 REPORT NO.: EGD-037-08 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "JULY" and "YEAR TO DATE". Dwelling Unit TYJ>e "JULY' 2008 Dwelling Unit TYJ>e "YEAR TO DATE 2008" 69 Single Detached 58% 62 Semi- Detached 16% 272 Single Detached 70% 24 Townhouse 20% o Apartment 0% 26/ Semi- Detached 22% . Single Detached 69 . Semi-Detached 26 DTownhouse 24 o Apartment 0 . Single Detached 272 . Semi-Detached 62 DTownhouse 49 DApartment 3 The following is a historical comparison of the building permits issued for the month of "JULY" and "YEAR TO DATE" for a three year period. Historical Data fOI Month of "JULY" Historic.ll Dahl ''YEAR TO DATE" $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 $130,000,000 $125,000,000 $120,000,000 $115,000,000 $110,000,000 $1 05,000,000 2008 2007 2006 $1 00,000,000 2008 2007 2006 .Value $29,170,182 $15,788,960 $17,623,532 IlII Value $124,052,263 $11 6,267,559 $1 08,213,01 0 910 REPORT NO.: EGD-037-08 PAGE 5 PERMIT REVENUES 2008 2007 July Year to Date July Year to Date I PERMIT FEES $224,381 $811,986 $122,388 $886,154 INSPECTION SERVICES 2008 2007 July Year to Date July Year to Date Building Inspections 124 1,933 531 3,438 Plumbing & Heating Inspections 191 2,445 481 3,064 Pool Enclosure Inspections 0 0 0 0 TOTAL 315 4,378 1,012 6,502 NUMBER OF NEW RESIDENTIAL UNITS 2008 2007 July Year to Date July Year to Date Single Detached 69 272 25 257 Semi-Detached 26 62 12 86 Townhouse 24 49 13 50 Apartments 0 3 0 1 TOTAL 119 386 50 394 911 REPORT NO.: EGD-037-08 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2008 (to end of 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 AREA July) Bowmanville 208 451 608 307 587 468 345 312 188 184 313 Courtice 97 82 126 241 173 180 133 129 231 296 254 Newcastle 40 77 84 202 191 123 131 76 110 78 4 Wilmot Creek 21 16 15 15 25 29 38 24 19 21 33 Orono 2 1 1 1 2 0 1 0 0 1 0 Darlington 5 6 7 14 15 13 17 47 102 31 14 Clarke 2 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 386 655 860 802 1,015 843 701 609 679 640 636 912 Clw.mglOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: September 8, 2008 Resolution #: Report #: EGD-038-08 File #: By-law #: Subject: PROPOSAL TO CONVEY A CLOSED ROAD ALLOWANCE SITUATED BETWEEN LOT 28 AND 29, CONCESSION 3 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-038 -08 be received; 2. That the closed road allowance situated between Lot 28 and Lot 29, Concession 3, former Township of Clarke be conveyed to Thomas and Bonnie O'Callaghan; 3, That the applicants pay the appraised land value of $556.00 as well as all legal and other financial costs associated with this transaction; and 4, That Thomas and Bonnie O'Callaghan be advised of Council's decision. Respectfully by, JmLJ__ Submitted by: A.S, Cannella Director of Engineering Services a ~--fJ2 -:. ~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/LJ B/dv September 2, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 913 Report #EGD-038-08 Page 2 1.0 BACKGROUND 1.1 On February 9, 2004 Council approved the recommendations of Report EGD 07- 04. The Report recommended that a portion of an unopen road allowance be legally closed by by-law and conveyed into private ownership. The parcel is an 8 metre wide remnant piece of road allowance left after the construction of the Highway 115/35/Concession 4 underpass. 1.2 Enbridge Gas Distribution Inc. advised that existing underground services are located within the subject road allowance. The Municipality was required to convey an easement in favour of Enbridge Gas Distribution Inc. over the subject lands to facilitate access and maintenance of the existing underground services. To facilitate the registration of the easement, the subject portion of the road allowance (Part 2 on Plan 40R-23364) was legally closed by by-law (By-Law 2005-183). By-Law 2005-183 was registered and the road allowance is now legally closed. 1.3 In accordance with the recommendations of Report EGD 07-04 and the Municipality's Policy and Procedure for Road Closure, an Appraisal Report was prepared by Property Valuators Consulting Inc. which valuated the subject lands at a value of $566.00. 2.0 CONCLUSION 2.1 Thomas and Bonnie O'Callaghan have met the requirements of Report EGD 07- 04 and have fulfilled all other municipal requirements necessary to facilitate conveyance of the subject road allowance. It is therefore recommended that Council authorize the conveyance of the subject lands into private ownership for the appraised value of $566.00. Attachments: Attachment 1 - Key Map Attachment 2 - By-Law List of Interested Parties: 914 Concession Road 4 (Clarke) 8m c ~~ tnCl) .!c. E -0 1.0 C'G ~ 1.0 OQ. b Section of Road Allowance to be Conveyed E ,.... 'It 8m Unopened Road Allowance Between Lots 28 & 29 ~/I = rn ( OR~N~ J- 'C 0:: Gl CJ c f ~ III ..J --" w4 ~E S 'C 0:: ... .ftj ~ C" (/) DRAWN BY: E.L. DATE: August 27, 2008 REPORT EGD-38-08 ATTACHMENT NO.1 KEY MAP G:\AttaehmentslLot 29 Cone 3 Orono OCallaghan losu .mxd ATTACHMENT NO.: 2 REPORT NO.: EGD-038-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008-XXX being a by-law to authorize the sale and transfer to Thomas and Bonnie O'Callaghan of the portion of the road allowance located between Lot 28 and Lot 29, Concession 3 in the former Township of Clarke designated as Part 2 on Registered Plan 40R-23364. Whereas the Council of the Municipality of Clarington at its meeting of February 9, 2004 approved the recommendations in Report EGD-07-04; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. That the sale and transfer to Thomas and Bonnie O'Callaghan of the portion of the road allowance located between Lot 28 and Lot 29, Concession 3 in the former Township of Clarke designated as Part 2 on Registered Plan 40R-23364 is approved. 2. That the Mayor and Clerk are authorized on behalf of the Municipality to execute the transfers. 3. That by the enactment of The Regional Municipality of Durham Act, 1993, S.O, 1993, Chap. 3, section 4, any reference to The Corporation of the Town of Newcastle is deemed to be The Corporation of the Municipality of Clarington. The Corporation of the Town of Newcastle changed its name on July 1, 1993 to The Corporation of the Municipality of Clarington by virtue of this Act. By-law read a first and second time this 15th day of September 2008. By-law read a third time and finally passed this 15th day of September 2008. James Abernethy, Mayor Patti Barrie, Clerk 916 CI!ll.iggron REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 8, 2008 Report #: ESD-012-08 File # 10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT - JUNE, JULY AND AUGUST 2008 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report ESD-012-08 be received for information. Submitted by: 'Gord n Weir, AMCT, CMM 111 Director Emergency & Fire Services ---- ' Reviewed by: O~ Franklin Wu. Chief Administrative Officer 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-012-08 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the months June, July and August 2008. It is our intent to provide Committee with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 906 calls during this period and recorded total fire loss at $828,100. A breakdown of calls responded to follows in the table attached. Attachment: Activity Report Response Categories 1102 CLARINGTON EMERGENCY AND FIRE SERVICES MONTHLY ACTIVITY REPORT Period: June 1, 2008 00:00:00 to August 31, 2008 23:59:59 CALL TYPE VOLUME STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 CALL CALL TYPE BOWMANVILLE NEWCASTLE ORONO COURTICE ENNISKILLEN TYPE PERCENTAGE TOTALS PROPERTY FIRE 24 3 5 4 2 38 4.2% CALLS BURNING 15 6 4 11 4 40 4.4% COMPLAINTS FALSE FIRE 79 14 5 28 4 130 14.3% CALLS PUBLIC HAZARD 51 12 7 32 4 106 11.7% CALLS RESCUE CALLS 52 12 8 24 8 104 11.5% MEDICAL ASSIST 225 38 16 113 11 403 44.5% CALLS MISCELLANEOUS 34 17 6 21 7 85 9.4% CALLS THREE MONTH 480 102 51 233 40 906 100.0% TOTAL YEAR TO DATE . 1243 295 149 596 105 2388 YEAR TO DATE 53.0% 11.3% 5.6% 25.7% 4.4% 100.0% PERCENTAGE . STAN DYBY "".\ 25 0 0 15 0 40 CALLS '.h .... DOLLAR LOSS $779,500 $4,500 $16,600 $25,500 $2,000 $828,100 APPARATUS CALL VOLUME STATION 1 PUMPER 1 SCAT 1 PUMPER 11 TANKER 1 UTILITY 1 AERIAL 1 RESCUE 1 783 575 117 51 7 2 21 10 STATION 2 PUMPER 2 TANKER 2 124 106 18 STATION 3 PUMPER 3 TANKER 3 UTILITY 3 ATV 62 46 15 1 0 STATION 4 PUMPER 4 PUMPER 44 TANKER 4 Aerial 4 380 345 26 4 5 STATION 5 PUMPER 5 TANKER 5 49 41 8 1398 920 117 270 52 3 26 10 1103 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: Includes 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 Lines 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, Water 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, Assist Other Agencies, Other Public Service, 911 Unknown Calls and Other Responses 1104 ~n REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 8, 2008 Report #: CLD-023-08 File #: By-law #: Subject: AMENDMENT TO PARKS BY-LAW 2006-126 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-023-08 be received; 2. THAT By-law 2006-126 governing municipal parks be amended to state that the parks will be closed from dusk to dawn; and 3. THAT the By-law attached to Report CLD-023-08 be forwarded to Council for approval. Submitted by: (l~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1301 REPORT NO.: CLD-023-08 PAGE 2 of3 BACKGROUND AND COMMENT All activities within the municipal parks are governed by By-law 2006-126. At the time of the By-law's passage, there was an 11 :00 p.m. curfew established for activities within the parks. In the two years since the passage of the By-law, staff have received complaints from citizens about the noise and activities within the parks during the mid to late evenings before the 11 :00 p.m. curfew. Much of our municipal parkland is unlit at night and once darkness falls the areas become gathering spots and hangouts for undesirable elements within the community. Recent concerns raised over theCourtice Skateboard Park have led staff to reconsider the current curfew. The neighbpuring property owners have called the Durham Regional Police during the evenings for noise and disturbance issues relating to the Skateboard Park. Staff have spoken to the Regional Police about alternative ways to deal with these issues. Noise, vandalism, loitering and littering are issues which are not isolated to only the Courtice Skateboard Park but are present in all municipal parkland. Staff have, in previous years, been part of special enforcement projects with the Regional Police to target these problems in the parks. The by-law amendment also addresses concerns of public safety. As stated previously, the majority of parkland owned by the Municipality is not lit at night. An individual alone in a dark, vacant park at night is at greater risk than someone in the same location during the day. Given the fact that the exact time of sunset changes over the year it is easier to promote and defend a "dusk to dawn" closure. A 9:00 p.m. closing may be understandable in June and July when the sun is actually setting at that time, however in January when it has already been dark for four hours it would appear extremely arbitrary. 1302 REPORT NO.: CLD-023-08 PAGE 3 OF 3 Leagues using the ball diamonds or soccer pitches will not be adversely affected as their contracts for the use of the playing fields allow them to be on the property for the games. The parks used for league play are lighted for the games. Once the game is finished and the lights are shut off, any further lingering in the park would be an offence. The amendment will also allow staff the flexibility to extend or decrease the curfew as the need arises simply by posting specific hours when the park will be closed. On Thursday August 14th staff from Municipal Law Enforcement, Operations, Engineering Services and Community Services met with representatives of the Durham Regional Police to review the proposed amendment. The consensus of the meeting was that an expansion of the curfew would allow the police the ability and discretion to deal with persons found in the park at night. CONCLUSION By moving to a "daytime open only" scenario, the police are better able to deal with problems as they arise during the evening hours. Anyone found in a park after dusk would be in contravention of the By-law. It would then be left to the discretion of the investigating police officer to determine whether or not to warn the individual or to proceed to charge them under the By-law. It was also suggested that there be changes to the signage in the area and to the posted parking restrictions around the perimeter of the park. These are internal processes and will not require By-law amendments. 1303 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- Being a By-law to amend By-law 2006-126, Being a By-law to regulate Parks WHEREAS the Council of the Corporation of the Municipality of Clarington deems it necessary to amend By-law 2006-126: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereby enacts as follows: 1. THAT By-law 2006-126 be amended as follows: (a) That section 2(a)(i) be deleted in its entirety and replaced with the following: 2(a)(i) All parks shall be closed from dusk until dawn unless otherwise posted or permitted; 2. THAT this By-law shall come into full force and effect upon the date of its final passing. BY-LAW read a first and second time this 15th day of September 2008. BY-LAW read a third time and finally passed this 15th day of September 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1304 Cl~mgron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 8, 2008 Report #: CLD-024-08 File #: By-law #: Subject: ANIMAL SERVICES QUARTERLY REPORT - APRIL TO JUNE, 2008 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-024-08 be received; and 2. THAT a copy of Report CLD-024-08 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. , SUbmitte$ \ /~. /J n _... (~;l~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1305 REPORT NO.: CLD-024-08 PAGE 2 BACKGROUND AND COMMENT Animal Services activities will be reported to Council on a quarterly basis. The attachments to this report summarize the activities and revenues pertaining to Animal Services for the months April to June 2008. Attachments 1. Shelter Statistics -Incoming (IncludingTransfers) 2. Shelter Statistics - Outgoing By Animal Type 3. Dispatch Summary 4. Total Revenues by G/L Code 5. Total Length of Stay 6. Shelter Statistics - Identification Caparison 7. Quarterly Statistics for the same period in 2007 Interested parties to be advised of Council's decision: Ms. Liz White, Animal Alliance of Canada Animal Advisory Committee 1306 Shelter Statistics - Incoming Report Generated: Tuesday, September 02,200810:09:31 AM Search Criteria Region: Animal Type: Jurisdiction: Report Type: All All All Date Range: Detailed 1-Apr-2008 To 30-Jun-2008 )> 0 0 (') 000 m 00 000 )> 0 !:;)> 0 ;:oc: C:o )> (I).... ~::r 00 0 -t :!. 3" ~o ..o::r ~ ~ .... .... 0 3 , c:l>> CI) :::s "O!.t ii1 ::r .... "0 00 (I):::S :::s CI) .., .... (I) ~ ~ 0 Q.~ .... /Il~ ~.., -'(I) '< ... c: (l) :::s .., ~.., l>> .... -. :::s .., CI) '< l>> .., Q. .., Dog 33 0 0 0 2 0 22 0 57 Puppy 0 0 0 0 0 0 1 0 1 Cat 24 1 4 0 3 0 28 0 60 Kitten 1 0 0 0 0 9 14 0 24 Bird (Wildlife) 4 0 0 1 0 0 0 0 5 Mammal 6 0 0 0 0 0 0 0 6 Rabbit 1 0 0 0 0 0 2 0 3 Total 69 1 4 1 5 9 67 0 156 1307 Shelter Statistics - Outgoing By Animal Type For Date: 4/1/2008 To 6/30/2008 Report Generated: Tuesday, September 02,200810:08:47 AM Status Dog Cat Kitten Bird Mammal Rabbit Total (wildlife) Adopted 9 5 13 0 0 0 27 Adopted Altered 2 4 0 0 0 0 6 Adopted Offsite(Altered) 0 6 0 0 0 0 6 Adopted Offsite(Unaltered) 0 0 1 0 0 0 1 Adopted Unaltered 3 0 9 0 0 0 12 Bite Quarantine (Home) 1 0 0 0 0 0 1 DOA 1 18 2 2 6 1 30 DOA - Final Disposition 0 2 0 0 0 0 2 Euthanized 0 6 0 3 0 0 9 Euthanized By Offsite Vet 0 6 0 0 0 0 6 Interred 0 1 0 0 0 0 1 Reclaimed 41 0 0 0 0 1 42 Released 1 2 0 0 0 1 4 Transfer Out 1 0 0 0 0 0 1 Unassisted Death 0 0 1 0 0 0 1 Other 0 0 0 0 0 0 0 Total 59 50 26 5 6 3 149 1308 Dispatch summary Report Generated: Date Range: Region: Humane Officer Region: Agency: Jurisdiction: May 22,2008 Apr 1,2008 - Jun 30,2008 All All All All Issue Type Total For Reporting Period Animal control 201 cruelty complaint 8 General Dispatch 3 Routine Inspection 11 Total 223 Animal control Issues - outcome Summary outcome Type Total For Reporting period warning Issued 36 Animal Picked up 83 Finalized 18 Finalized, warning Issued 17 Animal Not Found 23 Animal Returned to Owner 7 Animal Returned to Owner, 2 warning Issued Animal Picked up, Finalized 2 Animal Not Found, warning 1 Issued Animal Picked up, Returned 1 to Owner Total 190 Orders to Restrain Issued 0 prosecutions 0 1309 Total By G/L Code Date Range: 4/1/2008 To 6/30/2008 Report generated Tuesday, September 02,2008 Region: ALL Income Category Description Number Amount 100-19-190-30705-6400 - Animal Service 44 $1,731.00 Impound/Surrender Fee 100-19-190-35525-6500 - 1204 $26,466.50 Dog/Cat Licences 523-00-000-00000-6760 - 6 $255.59 Donations 100-00-000-02033-2003 - GST 47 $231.75 100-00-000-02034-2003 - PST 47 $371.20 100-19-190-30710-6400 - Sale 48 $4,767.05 of Animals Total Number Of. Receipts: Total Value Of Receipts: 1396 $33,823.09 1310 Total Length of Stay Date From: 1-Apr-2008 Date To: 30-Jun-2008 23:59:59.998 Region: All Age (Years): to Included Statuses: All Animal Number of Animals Number of Days Average Bird (wildlife) 5 0 0 Cat 52 2295 44 Dog 50 429 8 Kitten 22 961 43 Mammal 6 0 0 Puppy 1 0 0 Rabbit 3 44 14 Total 139 3729 Page 1 of 1 1311 Animal Type Cat Dog Kitten Puppy Rabbit Shelter Statistics - Identification Comparison Date Generated: Sep 22008 Date Range: Apr 1 2008 To Jun 302008 region: Stray (With 10) o 15 o o o Stray (No 10) 42 48 25 1 2 Total 42 63 25 1 2 1312 2007 Statistics for the Period April- June 2007 Provided for comparison purposes CLERK'S DEPARTMENT ANIMAL SERVICES DIVISION A. ACTIVITES This Quarter PICKED UP - WILDLIFE 9 DOGS CATS PICKED UP 33 15 BROUGHT IN 33 63 RETRIEVED BY OWNERS 47 3 SOLD TO RESIDENTS 15 53 SOLD TO RESEARCH 0 0 EUTHANISED 0 5 DEAD ON ARRIVAL 4 17 QUARANTINE 0 4 WRITTEN WARNINGS 53 OTR, POA, SUMMONS 12 CONVICTIONS 12 CALL-OUTS AFTER 5 HOURS OVER-TIME HOURS 15 B. REVENUES DOGS & CATS RELEASED $135 $60 LICENSES $14,175 $3807 SOLD TO RESEARCH $0 $0 SOLD TO RESIDENTS $850 $2115 DOGS & CATS REDEEMED $2230 $50 SUB-TOTAL $17,390 $6032 $1951 $7,452 I TRAP RENTAL TOTAL REVENUE Euthanized 2007 Dogs - 0 Cats - 6 sick, 3 feral, 1 following quarantine 1313 CI!J!.pn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 8th, 2008 Report #: COD-051-08 File#_ By-law # Subject: TENDER AWARDS SUMMER COUNCIL BREAK Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-051-08 be received; and 2, THAT the attached By-law, marked Schedule liB" authorizing the Mayor and Clerk to enter into the necessary agreement be approved; Submitted by: Reviewed bY~-~' Franklin Wu, Chief Administrative Officer ., C.A., MM\JB\km Attachments: Attachment 1 - Schedule "A", Memo's RE: CL2008-25, Asphalt Rehabilitation - Contract 2 - Various Locations, TSH Letter Attachment 2 - Schedule "B", By-law Confidential Handout - RE: Memo - Natural Gas Consulting and Direct Purchase Agreements 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-051-08 PAGE 2 BACKGROUND AND COMMENT In accordance with Purchasing By-law 2006-127, the following contracts were awarded during the July I August Council Break: 1. CL2008-25, Asphalt Rehabilitation - Contract 2 - Various Locations; and 2. Natural Gas Consulting and Direct Purchase Agreements A copy of the recommending memo for tender CL2008-25 is attached as Schedule A. The recommending memo for Natural Gas Consulting Service is confidential and is provided separately. With respect to the Natural Gas Consulting and Direct Purchase Agreement, in late July the Purchasing Co-operative member participants (Clarington, Oshawa, Ajax, and Durham Region) in the natural gas agreement were advised that effective immediately our agreements for the supply of natural gas were terminated. A more detailed explanation for this set of circumstances is provided in a confidential memo being distributed separately. As a result of the termination and with no source for natural gas our requirements were filled by Enbridge, However, because our demand was unplanned and Enbridge had to accommodate increased demand they assessed a penalty of 150%, an amount that would continue until October 31, 2008 unless arrangements were made for an alternative supply of natural gas, 1402 REPORT NO.: COD-051-08 PAGE 3 Fortunately at the time we were notified of our early supply termination the former consultant had transferred all of the co-op group's data to another firm; Blackstone Energy Services in the event we wished to pursue a new supply agreement for a short or medium term. After consulting with Blackstone Energy the group elected to enter into an agreement with Blackstone in order to acquire a supply of gas immediately and minimize the penalty being assessed by Enbridge. After receiving approval to proceed with the award, Blackstone Energy Services had a supplier of natural gas in place and product flowing to Enbridge within one week. This is a short-term (end of September) arrangement put in place to provide immediate supply of natural gas to avoid the penalty being applied by Enbridge. During the early part of September meetings will be held with Blackstone Energy Services to discuss and finalize supply arrangements commencing October 1 sl and running to April 30, 2009 or October 31, 2009. Once the new supply agreement is in place the issuance of a new RFP will be undertaken to establish a long term agreement for consulting services and the supply of natural gas for up to a five (5) year term, An updating report to Council will be provided in late September confirming the results of the 2008 -2009 supply agreement. 1403 Schedule "A" Q!![.won MEMO To: Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer From: Jerry D. Barber, C.P.P,O" Purchasing Manager Date: August 5, 2008 CL2008-25, ASPHALT REHABILATATION - CONTRACT 2 - VARIOUS LOCATIONS RE: In view of the fact there are no Council meetings scheduled until September 15, 2008 authorization is requested to award the above noted contract to Lafarge Paving & Construction Limited, Oshawa, Ontario conditional on receiving similar approval form the Region of Durham and Syvan Developments. The total project amount is $1,708,510.60 (excluding GST), which includes $1,403,406.44 contracted services, contract administration, utility relocations and contingencies. The project also includes work for Syvan Development's Home Hardware property in the amount of $12,141.60 for which payment has been received and for the Region of Durham in the amount of $455,000.00 that will be invoiced accordingly. The total value of the Municipal portion is $1,241,369,00 and as further clarification of the funding contained in Schedule "A" attached, the streetscape improvements on the Silver Street parking lot will be funded from the Community Improvement Plan reserve fund. This tender covers Phase 2, Asphalt Rehabilitation at various locations including Regional Services and work on Syvan Development's property. The Municipal share of the project with a cost of $1,241,369.00 is within the approved funding as outlined in the memo from Engineering Services attached as Schedule "A". A copy of the recommending memo provided by TSH Engineers Architects Planners is also attached for information. Tenders were advertised on the Clarington and OPBA Website and advertised in the Canadian Statesman and the Daily Commercial News. A tabulation of the bid received on the above noted tender is as follows: BIDDER TOTAL BID. EXCLUDING G.S.T. $1,403,406.44 * *Adjusted to reflect the deletion of Part A4b The letter of recommendation provided by TSH and included with Schedule "A" attached, provides an explanation for the lack of competitive bids on this project. After review and analysis of the bid by the TSH, Engineering and Purchasing Services, it is mutually agreed that the low bidder, Lafarge Paving & Construction Limited, Oshawa, be recommended for the provision of construction services required for asphalt rehabilitation - phase 2 as required by the Municipality of Clarington. Lafarge Paving & Construction has performed satisfactory work for the Municipality of Clarington in the past. . . . continued page 2 1404 Schedule "A" Memo Re: CL2008-25 Page 2 of 2 The Director of Finance has reviewed the funding requirements and concurs with the recommendation, Written authorization is requested for this contract. ry D. Barber, C.P.P.O., urchasing Manager JDB APPROVED BY: l& ' ,,1 j . 6\ _A,Yfc'r'-' . (Nancy Taylor, B.B.A., C.A., ~ '-Director of Finance ~L((;_ (\ Date ' 0 .:) "/' '"X()C' /', "'--' /.j ~l~1S.~ f2^'->~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer ~. ~ r Date L- c-cf 1405 Schedule "A" ~pn MEMO TO: Jerry Barber, Purchasing Manager FROM: Bruno Bianco, P. Eng., Design Engineer DATE: July 24, 2008 SUBJECT: Asphalt Resurfacing - Contract 2 Various Streets - 2008, Regional Services CL 2008-25, Project 105800-8310-05118 Our File: CPR.2008.2 The Engineering Services Department has reviewed the recommendation provided by TSH and offers the following comments. The total tendered project cost including design and tender fees as well as contract administration fees, utility relocations, and contingencies for the project is $1,708,510.60. This total includes a portion of work we are completing on Syvan Development's property ($12,141.60) that will be paid for by Syvan Development as well as Regional services ($455,000,00) that will be invoiced accordingly. Therefore the total value of the Municipal portion is $1,241,369.00, In order to proceed with these works, our department would like to utilize the following accounts: . The remaining 2008 pavement rehabilitation program funds (Account # 110 32 330 832127401), ' . The unspent funds from the 2007 pavement rehabilitation project (Account # 110 32 330 832127401). . The unspent Move Ontario funds. . The unspent 2008 sidewalk replacement fund specifically for the sidewalk works (Account # 110 32 331 832157401). . 2007 and 2008 Chapel and Coleman St Reconstruction (Account # 110 32 330 83313 7401). . The unspent Silver St parking lot funds (Account #100 32 192 83247 7401). . The CIP reserve fund. Should the funding source detailed above be available, we concur with the recommendation to award the contract to LaFarge Paving & Construction Limited in the amount of $1,403,406.44 exclusive of G.S.T. Due to past experiences on a similar project, a contingency amount of approximately 10% 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: 1406 Schedule "A" l~sph:~lt Res\ Irfaclng-Contract 2 J::II,OUS Streets c:c:PR20082 2 July 24. 2008 Municipalities Funding Project Breakdown Municipal Project Amount $1,241,369.00 Funding (2008) Account # 110 32 330 83212 7401 $577,973.00 .. -+ - -- _.- {2007) Accoont# 11-0.32 330 -832t-~ 7401-- - . $328,000.00- .. - Move Ontario Funds $89,000.00 (2008) Account # 110 32 331 832157401 $107,000.00 (2007&2008) Account # 110 32 330 833137401 $95,000.00 (2004) Account #10032192832477401 $20,896.00 CIP Reserve Fund $23,500,00 Total Proiect Deficit/Surplus $0.00 Should the funding detailed above be acceptable, we recommend staff award of Contract CL2008-25 based on the above apportionments. However, the award is conditional on similar approval from the Region of Durham for regional infrastructure and securing the appropriate funds from Syvan Developments. Attached for your files is the recommendation provided by TSH. Should you have any further questions, please feel free to contact the undersigned. ~ BrunoM. Bianco~ Design Engineer Idv Attachment cc Tony Cannella, Director of Engineering Nancy Taylor, Director of Finance David Crome, Director of Planning Patti Barrie, Municipal Clerk William McCrae, P. Eng., Totten Sims Hubicki L 'I.',," ,,':;':',II:II'I<.'r::I(:(;'1.1-,' >=fJIOS2!.!C8'.8larlCo._:uly.24.08 AsphdltResurbcing. Contr2 V dIlOUSSl.08f<.09S :":1',:. '. ,j"'i:: ..'CK~b 2 ':~r,,-'FjC10C CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-337~ 1407 Schedule "A" II tilt Totten Sims Hubicki Associates 513 Division Street, Cobourg, Ontario, Canada K9A 5G6 (905) 372-2121 Fax: (905).~72,3621.-. ::~::___ :-~c:--:::-man~~Wii~'h.~ .www~h_.a · ( I.' :",:-l... :: .,..-. _._.... - _.._... ~.. 0'- --. ----,. . -.. engineers architects planners July 17,2008 , .' 1 .,.--' ......\ J 'u' L' n rl r ' :3 .'._ .... __. , '- .' - ..'" I .l :: .-..-.....-....... ....-... ., ~ ..' ._- ~. ,". ',', , L.. i ....4<......-_. r~ .......--...-.-.....-.......-''-... .-' !. ".' ~ i , . .;. ....r-~..._.....H ..~."....... _r.~ . . ... --. _. "'- Mr. .A. S, CaPQella, CET Director, Engineering Services The Municipality of Clarington 40 Temperance Street BOWMANVILLE, ON LIC 3A6 .- - ....-. ...-.... - - - - - ~-, .' .. . .. ,..-.-' ......'..-... . .;.. \ -' .). ! , ; , I , , i . ~~___,_""",,--"~""""'''Ul,,~,-~,,,-,.I'''''_J;'''>-''~--- ,--.-------- Dear Sir: Re: Asphalt Resurfacing, Phase 2, Various Streets - 2008 Contract No. CL2008-25 Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Friday, July 4,2008 at 2: 1 5 p.m. A list of the bid received is provided in the table below. All numbers are exclusive ofGST. BIDDER TOT AL BID AMOUNT Lafarge Paving & Construction Limited $1,415,088.74 Oshawa, ON TSH has reviewed the bid 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, Lafarge Paving & Construction Limited. In addition to Contract No. CL2008-l1 and CL2007- 40 for the Municipality of Clarington, Lafarge Paving & Construction Limited has completed projects of similar scope for the Region of Durham and the City ofOshawa. As per the Purchasing Department's policy, staff from these municipalities were contacted for references and have confirmed the Contractor's performance on these past projects to be satisfactory. The reason for the limited number of bids can be attributed to the fact that the other asphalt company which typically bids on this work, Miller Paving, had recently been awarded a large project which would require most of their resources for the remainder of the year. In addition, they had difficulty in finding a subcontractor to undertake the larger than normal underground infrastructure component ofthe tender, therefore they did not submit a bid for the Phase 2 portion of 2008 Asphalt Rehabilitation program. Estimated costs for various project components, based on Lafarge Paving & Construction Limited's bid and the deletion of provisional Item A4b) are summarized on the attached Cost Apportionment. Based on the above, we recommend that the tender in the amount of $1,403,406.44 (exclusive of GST), be awarded to Lafarge Paving & Construction Limited of Oshawa, Ontario. Bid cheque or bid bond shall be retained for low bid until the Contract has been executed. 1408 Schedule "A" Mr. A. S. Cannella, C.E.T. July 17, 2008 2. Should you have any questions regarding this matter, please contact the undersigned. Best regards, RAfra P:\Dept 12\ 12.29730\Corresp\CL2008.2S Award Letter.doc Encl. pc: Mr. Bruno Bianco, P. Eng., Design Engineer, Municipality ofClarington (+Encl.) TIH ... ill ~fi f~. ]11 =1> at ~~ rJ~ ~. ~J ~ I J 'IS i-I l Ii IIU j1ip ! > I A >i II ill I!~I IlK' I 111 Ii It II I ! I ~ Ii ) Ii -<:8 ~~ t ... Ii ;... '" a !:Ii R 51 ... a !:Ii R ~ ! I ! : ( j . I I I ~ I a) J , J II iii I:! ~. ~ ~ !;- ~ g I lil ~ ~ ~ :i I 51 - -i-m Ii C "Ii; i ~i i III ~ . ~ i1 ~~ .. :!! ~ ... t .. ~ ~ ~! E ~ · ~ ~ ..; ~ t:: .. ~ ~ ~ .... t: .. , ~ iii oj S .. III :2 .. ~ III ~ ~ ~ l!! :! ~m ~II ~1:!8 I:! ~ i ~s i ~ t ~ a! i a i ; ;.... & ~ I I m III '" a !:Ii R'" ~ l!llll ~~&llil~~ ~l:! ~~ ~i.!.~S.~ ~15 !~ i~~ !~lll~ II tI tit. .. I~ ::8151~8i1ll8; ~~ _. ~.t~~.~ ~ a. ~ ~ II ::!~UIllI!1 ~ t~ ;1311.;; ;;.,: tit .. J I I c i- r I jlU >,) ~~ sis t ~i ISI ~- : ii!i1ji!i II t J i ~! L I j llj ~ Ii ~ i iii 15 ~ J oR ~m~. Jl, i I f j U ! i I ~ ~~~ ~ ~ ~ ~ 1 ~ : s rl i ~ u uuu u u u U .. Ii: Ii. j II: U U ~ ~~~ lH lH ~ ~ i ~ ~ ! ~ ~ Schedule "A" I I i &l ~ g . a i !~l = :: g -- ~ I( ~ :: .. .. 51 ! , '9 ~ ~ .. .. ~ ~ 8 . i. . fi ;; a II :t ~ ~ ~ .. ! ; ! g ~ 8 ~ i I i ~ i ~ lil 8 . . i ~~. . alii ~ .. 8 Ii! ~ 51 ~ ~ ~ f1j;.. ti ti i5! Ii! 8 t:: ~ I ~ ~ !i9~ :;j :;j I!pj. ... ~ Ii: .,.: .. .: .. .. j 1 j Ii!fl !!t!i !~~!~ f J ! 1 ~ ~ !~ 1410 Attachment 2 - Schedule "8" 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 lafarge Paving & Construction, Oshawa, Ontario, to enter into an agreement for the Asphalt Rehabilitation - Contract 2 - Various locations. THE COPORATION 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 lafarge Paving & Construction, Oshawa, Ontario and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" and "B" form part of this By-law. By-law read a third time and finally passed this day of ,2008. ,2008. By-law read a first and second time this day of Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1411 C!!J[mglOn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY SEPTEMBER 8th, 2008 Resolution #: Report #: FND-016-08 File #: By-law #: Subject: FINANCIAL UPDATE AS AT JUNE 30,2008 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-016-08 be received for information. / Reviewed by: 0 ~~.--c...sz.. Franklin Wu, Chief Administrative Officer. NT/hjl 1501 REPORT NO.: FND-016-08 PAGE 2 BACKGROUND AND COMMENT: 1.0 As mentioned in FND-013-08, the Financial Update report has been designed at the request of Council to focus on overall budget variance reporting. The format is currently a work in process and will continue to be further enhanced throughout 2008. 2.0 Second Quarter of 2008 Results 2.1 Attachment "A", the Summary of Operating Expenditures and Revenue statement compares the Municipality's budget to actual posted expenditures and revenue as of June 30, 2008. The statement reflects the Municipality's operating budget only and excludes year to date expenditures for the consolidated hall/arena boards. Net expenditures to June 30, 2008 total $20,907,088.87 which represents 56.05% of the net operating budget. This includes annual grants and debentures that occur at the beginning of the year that affects the results in several departments from a timing perspective. If this was prorated over the year, the percent of the operating budget expended drops to 48%. 2.2 Attachment "A" is intended to provide an indication of the status of the Municipality's operating accounts compared to the approved budget as at June 30, 2008. However, many departments are affected by high levels of activity during specific times of the year. For example, some activities are seasonal in nature, such as ice rentals and winter control which result in a fluctuation of the timing of recognition of revenues and expenses. Due to these timing differences, this statement cannot be used in isolation. 2.3 Included in the non-departmental revenues is $4,434,586.00 in budgeted transfers from the reserve fund. These transfers are done annually, traditionally in the second quarter. This affects the total non-departmental revenue earned to date when compared to budget. Likewise in the non-departmental expenditures, the full value of the BIA levies is paid out by the second quarter. 2.4 Included in the revenue reported by the Corporate Services division, are funds collected for the Mayor's Golf Classic to benefit the Bowmanville Memorial Hospital Foundation. The net proceeds will be remitted by the next quarter's reporting. 2.5 The Planning Services revenue accounts have not yet reached the mid year percentage. This can be explained by a significant decrease in the number of applications for plans of subdivisions. These have a large dollar impact due to the current economic downturn. 2.6 Attachment "B", Continuity of Taxes Receivable for the three month ending June 30, 2008 provides the status of the taxes billed and collected by the Municipality 1502 REPORT NO.: FND-016-08 PAGE 3 of Clarington during the second quarter of 2008. A total of $25,094,688 in interim tax bills and $28,123,859 in final tax bills were issued to property owners in the Municipality during this period. At the end of June, a total of $12,782,584 remains unpaid. In 2007 at this time our balance was $11,453,264 or $1 ,329,320 lower. This growth in the balance of taxes receivable relates to several factors including additions to the roll (non-tax) for other levels of government as well as property standards etc, and economic conditions. Cash collections have increased in recent months along with collection efforts. 2.7 Attachment "C", Outstanding Investments as at June 30,2008 provides the status of the Municipality's general and reserve fund investment holdings at the end of the first quarter of 2008. The Municipality at June 30 holds $0 in general fund and $43,552,427.68 in reserve fund investments to fund future commitments. General fund investments are timed to mature when funds will be required. With the Region's share of the first instalment of the final tax billing due and the school board levy requirement due at the end of June totalling $23,606,150, no funds remained in the general fund investment account. In 2007 at this time $14,872,240 was held in the general fund. These funds represented the balance of debenture proceeds invested over the short term to meet contractual requirements for the Newcastle facility. No debenture proceeds remained unassigned at June 30, 2008. Investments held in the Municipality's portfolio are reviewed on an ongoing basis to ensure they meet the requirement of Section 418 of the Ontario Municipal Act and the Municipality's investment policy. CONCLUSION: 3.0 The report is provided as information to Council. Further reports will be provided throughout 2008 as the financial information is updated and additional refinement of this report takes place. Attachments: Attachment "A": Attachment "B": Attachment "C": Summary of Operating and Expenditures and Revenue Continuity of Taxes Receivable Investments Outstanding CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169 1503 ATTACHMENT "A" THE MUNICIPALITY OF CLARINGTON SUMMARY OF OPERATING EXPENDITURES & REVENUES TO JUNE 30, 2008 2008 EXPENDED % DEPARTMENT BUDGET TO JUNE 30 SPENT NON-DeDartmental: Expenditures 192.241.00 165.000.00 85.83 Revenues/Recoveries (excluding tax) (6.572,761.00) (4.821,974.50) 73.36 Net Non-Departmental (6.380.520.00) (4,656,974.50) 72.99 Office of the Mayor & Council: Net Office of the Mayor & Council 760.107.00 354,490.44 46.64 Office of the CAO: Net Office of the CAO 410.283.00 201,262.31 49.05 CorDorate Services: Expenditures 3,502,954.00 1,735.797.10 49.55 Revenues/Recoveries (132,604.00) (128.636.13) 97.01 Net Corporate Services 3,370,350.00 1,607,160.97 47.69 Clerks: Expenditures 1.948,900.00 1,021.391.89 52.41 Revenues/Recoveries (387.750.00) (237,798.95) 61.33 Net Clerks 1,561.150.00 783,592.94 50.19 Finance: Unclassified admin & Board of Trade 1,978,343.00 1,284,643.43 64.94 Operating Expenditures 1,717,740.00 798.800.09 46.50 Expenditures 3.696,083.00 2,083,443.52 56.37 Revenues/Recoveries (1,160,000.00) (731.970.41) 63.10 Net Finance 2,536.083.00 1,351,473.11 53.29 Emergency Services: Expenditures 7,316,016.00 3,808.168.88 52.05 Revenues/Recoveries (9,250.00) (5,376.42) 58.12 Net Emergency Services 7,306,766.00 3.802,792.46 52.04 Engineering: Expenditures 4,297,599.00 2,886.986.51 67.18 Revenues/Recoveries (1,527.875.00) (983,358.58) 64.36 Net Engineering 2.769.724.00 1.903,627.93 68.73 ODeration: Fleet & Debenture Pmts 1.647,314.00 1,273,117.00 77.28 Operating Expenditures 10,797.781.50 5,585,143.93 51.72 Expenditures 12,445,095.50 6,858.260.93 55.11 Revenues/Recoveries (375,000.00) (66,025.03) 17.61 Net Operations 12,070.095.50 6.792,235.90 56.27 Community Services: Annual Grants & Debenture Pmts 5,981,524.00 5.522,769.79 92.33 Operating Expenditures 8,317.880.00 3,472,829.78 41.75 Expenditures 14,299,404.00 8,995,599.57 62.91 Revenues/Recoveries (4,491.857.50) (2.125,902.76) 47.33 Net Community Services 9.807.546.50 6,869.696.81 70.05 Planning Services: Expenditures 3,686,855.00 2,052.630.98 55.67 Revenues/Recoveries (599.500.00) (154,900.48) 25.84 Net Planning Services 3.087,355.00 1,897,730.50 61.47 TOTAL OPERATING: Expenditures 52,555,537.50 30,163,032.13 57.39 Revenues/Recoveries (15,256,597.50) (9,255.943.26) 60.67 NET OPERATING EXPENDITURES 37.298,940.00 20.907.088.87 56.05 1504 ATTACHMENT "B" !cORPORATION OF THE MUNICIPALITY OF CLARINGTON Continuity of Taxes Receivable Ifor the Second Quarter of the Year 2008 March 31,2008 JUNE JUNE BEGINNING BALANCE INTEREST TAXES PAYMENTSI 2008 2007 RECEIVABLE ADDED BILLED BALANCE ADJUSr.. PREPAID TAXES CURRENT YEAR TAXES (2,898,223) 53,218,547 50,320,324 (43,542,089) 6,778,235 6,065,537 PENALTY AND INTEREST 27 282 161 068 188 351 191 305' 97 046 86 408 FIRST PRIOR YEAR TAXES 3,752,359 3,752,359 (817.113) 2,935,245 2,491,374 PENALTY AND INTEREST 283,568 129 808 413375 1145636 267 739 249471 SECOND PRIOR YEAR TAXES 1,489,234 1,489,234 (369,127) 1,120,107 969,688 PENALTY AND INTEREST 239,411 50 409 289 820 i105977 183 843 170 303 HIRD & PRIOR YEARS TAXES 1,408.028 1,408,028 (431,684) 976,345 1.023.044 PENALTY AND INTEREST 568 132 45 650 613783 1189757' 424 025 397 439 OTAL 4 869 791 386 935 53218547 58475274 145692689' 12782584 11 ,453 264 .. Includes refunds, write-offs. 357's. etc. NOTE 1: 2008 Interim Instalment months: February and April 2008 Final Instalment months: June and September for non-capped classes 1505 ATTACHMENT "C" CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING AS AT JUNE 30, 2008 FINANCIAL INVESTMENT INTEREST MATURITY MATURITY INSTITUTION COST RATE VALUE DATE GENERAL FUND TOTAL GENERAL FUND 0.00 RESERVE FUND RBC * 4,180,000.00 4.05% 4,180,000.00 30-Jun-2008 BMO 2,672,055.00 3.44% 2,700,000.00 15-Jul-2008 RBC 3,796,000.00 4.05% 3,796,000.00 29-Jul-2008 RBC* 906,000.00 4.50% 906,000.00 29-Sep-2008 RBC 550,000.00 4.40% 574,200.00 14-0ct-2008 RBC 1,379,343.53 4.65% 1,787,409.00 1-Dec-2008 RBC 2,061,000.00 4.50% 2,153,745.00 3-Dec-2008 RBC 1,143,285.67 3.80% 1,338,742.00 15-Dec-2008 HBSC 3,097,754.96 3.64% 3,196,000.00 5-Jan-2009 RBC 372,440.00 4.40% 461,912.00 28-May-2009 RBC 595,239.00 3.80% 617,858.08 23-Jun-2009 RBC 664,993.00 4.25% 753,434.00 29-Aug-2009 RBC 739,938.86 3.55% 869,800.00 1-0ct-2009 RBC 733,772.63 3.85% 900,445.00 2-Jun-2010 RBC 5,094,062.47 4.10% 6,058,590.00 1-0ct-2010 RBC * 1,500,000.00 4.10% 1,500,000.00 6-Dec-2010 RBC 1,681,851.79 4.35% 2,080,894.41 6-Mar-2011 RBC 2,221,742.00 4.30% 2,742,301.29 18-Sep-2011 RBC 776,152.23 4.35% 986,467.00 1-Dec-2011 RBC 999,999.54 4.20% 1,244,090.00 2-Dec-2011 RBC 2,000,000.00 4.05% 2,439,161.00 16-Mar-2012 RBC 1,471,061.00 4.80% 1,859,675.00 30-0ct-2012 RBC 1,503,357.00 4.80% 1,900,502.92 8-Jan-2013 BNS 1,546,695.00 4.50% 1,927,463.38 12-Feb-2013 BNS 599,161.00 4.35% 741,320.00 4-Mar-2013 TO 1,009,028.00 4.45% 1,254,427.00 25-Mar-2013 TO 257,495.00 4.51% 321,039.00 13-May-20 13 TOTAL RESERVE FUND 43,552,427.68 ITOTAL INVESTMENTS 43,552,427.68 II * Investment interest paid on a monthly/semi-annuallannual basis 1506 CflJLpn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8th, 2008 Resolution #: Report#: FND-017-08 File#: By-law #: Subject: 2009 BUDGET SCHEDULE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-017-08 be received for information, Submitted by: R. db /\~~~ eVlewe y:U Franklin Wu, Chief Administrative Officer. NT/hjl 1507 REPORT NO.: FND-017-08 PAGE 2 Background: 1.0 At the Council meeting of June 23,2008, Council approved the following resolution: "WHEREAS a number of previous budgets were not approved until April or even May of the budget year; WHEREAS the 2008 Budget was approved by Council on January 28, 2008: and WHEREAS much effort and many adjustments were made by staff to achieve approval for the 2008 Budget: NOW THEREFORE BE IT RESOLVED, THAT the Council of the Municipality of Clarington directs staff to report to Council early in September 2008 on the following: a) the 2008 Budget vs. actuals for the first half of 2008; b) the tentative schedule for the 2009 Budget to achieve Council approval of the 2009 Budget by January 31,2009; and c) the 2009 budget contain an addendum which provides a projected budgetary overview of the next 5 years." 2.0 2008 Budget vs. Actuals 2.1 The first item requested is the 2008 Budget vs. Actuals for the first half of 2008. This information request was incorporated into the Financial Update Report provided by the finance department effective for the first quarter reporting and approved by Council in July 2008. The Financial Update Report for the first half of 2008 is included on this General Purpose and Administration Agenda for Council's information. 3.0 2009 Budget Schedule 3.1 Staff have already commenced detailed work on the 2009 budget, including capital, current, and forecasts. Staff have various deadline dates throughout the coming months in order to compile the necessary information for Council's consideration. Based on these deliverables, it is anticipated that the draft budget binders for 2009 will be circulated to the Mayor and Members of Council on or about January 7,2009. 3.2 It is the intention to have a Special General Purpose and Administration Committee meeting on Friday, January 16, 2009 specifically to review the 2009 budget submissions. The final budget then will be submitted for Council ratification at the Monday, January 26, 2009 Council meeting. 1508 REPORT NO.: FND-017-08 PAGE 3 4.0 Conclusion: 4.1 This report is submitted at the request of Council for information purposes to keep Council apprised of budget activities. Also, as requested by Council, the 2009 budget will contain a projected budgetary overview for the next 5 years. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169 1509 Cl~iJ1gron REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday September 8, 2008 Resolution #: Report #: FND-018-08 File #: By-law #: Subject: CREATING JOBS, BUILDING ONTARIO FUNDING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-018-08 be received; 2. THAT Council approve the allocation of the Creating Jobs, Building Ontario funding to the following priority projects: PROJECT DESCRIPTION: Newcastle Fire Hall Replacement Darlin ton S arts Com lex U rade Orono Arena Roof Re lacement Bowmanville Museum Munici al Administrative Centre Orono Libra TOTAL COST: $1,500,000 1,500,000 310,000 60,000 46,299 50,000 $3,466,299 3. THAT Premier Dalton McGuinty be thanked for providing additional much needed funding to address infrastructure needs; and 4. THAT the Mayor and Clerk be authorized to execute any necessary agreements and/or by-laws to facilitate the receipt of funds. Reviewed bYC-.") ~~ Franklin Wu, Chief Administrative Officer. NT /hjl 1510 REPORT NO.: FND-018-08 PAGE 2 Background and Comment: 1.0 In May 2008, the Provincial government passed the Investing in Ontario Act whereby any unanticipated provincial year-end surpluses can be used to address priority public needs as well as reduce the province's accumulated deficit. 1.1 For 2007-08, municipalities were identified as priority public needs. Future recipients will be identified by the province based on provincial priorities. 1.2 The surplus for 2007-08 is sufficient to enable $1.1 billion in funding to municipalities to support infrastructure investments. The Municipality of Clarington will receive $3,466,299. All funds will be likely be advanced to municipalities at the end of September, 2008. 1.3 The funds are specifically to be used for capital purposes. Each municipality has flexibility and discretion to spend its allocation on its own capital priorities. Accou ntability: 2.0 Municipalities will be subject to accountability requirements including: Reporting on how the funds were used, Provincial right to independent audit verification, and Provincial right to recover funds if they are not used for capital purposes. Critical Aging Infrastructure: 3.0 As Council is aware, the Municipality of Clarington has been very fortunate to receive several types of infrastructure funding from the upper levels of government. The federal government has provided gas tax funding for the last several years which will continue into the future. This funding is primarily only eligible to be used on roads and bridges. There is some opportunity for energy retrofitting. The Province approved an application based grant to Clarington for a portion of the Newcastle Branch of the Clarington Library. The Province has also provided funding in 2008 under a Roads and Bridge Infrastructure Program. 3.1 With the exception of the application based Municipal Infrastructure Investment Initiative received for the Library, all other grant funding initiatives have been designed primarily to address road and bridge infrastructure projects. These are definitely much needed projects. Both Engineering and Operations are involved in this category and emphasize the need for continued sustained support. However, there has been no opportunity to address significant aging infrastructure problems with the Municipality's existing substantial building portfolios. 1511 REPORT NO.: FND-018-08 PAGE 3 3.2 Future federal gas tax funds will continue to be primarily dedicated to Roads and Bridges and the Building Canada Fund (still to be determined from a Municipal perspective) also appears to be dedicated to roads and related projects. The Creating Jobs, Building Ontario funding opportunity from the Province may be the only opportunity for some time to come to address critical aging building infrastructure. 3.3 Many of our municipal buildings now or will very soon need renovations to enable them continue to meet today's expectations. The average age of our community buildings is 91 years old. We are very fortunate with the support of the many volunteers who are responsible for the operation of these community buildings and the support of Council over many years, that our buildings are vibrant part of community they serve. The roof at the Orono Arena has reached its life cycle and it is at a stage where ongoing maintenance is timely and will not result in inconvenience to the users. This will be similar to Newcastle Memorial arena which is scheduled for replacement by 2011. Recommended Projects: Newcastle Fire Hall 4.0 As Council is aware, the Newcastle Fire Hall is a less than ideal design and in an aging condition to service the needs in Newcastle and surrounding areas. It has been identified for future replacement and expansion for many years in the Development Charges Background Studies and Fire Master Plans. Based on the legislative requirements under the Development Charges Act, any replacement component cannot be funded from Development Charges. In this case, in the recent Development Charges Update, $1,500,000 of the estimated $4,500,000 cost is attributable to the replacement share component of the building. 4.1 As the time horizon is approaching for replacement of this facility, it is recommended that the $1.5 million non-growth component that would otherwise have to be funded through the tax levy or other source of funding be financed from the Creating Jobs, Building Ontario funds. Darlington Sports Complex 5.0 As previously indicated through various staff presentations, the Darlington Sports Complex is an aging facility requiring significant upgrades to ensure accessibility for our patrons and the health and safety of the public and staff alike. This project was included in the capital forecast for 2009 in the 2008 budget process with tax levy as the only source of financing available. Through the Community Services Department's strategic plan process, a facility assessment was completed detailing the capital requirements to keep the facility operational from a short term (8 to 10 years) perspective. 1512 REPORT NO.: FND-018-08 PAGE 4 5.1 Although the facility assessment report indicates an estimate of $1 ,674,000 to complete the required work, staff is recommending a revised total project estimate of $1 ,830,000 to incorporate design work and contingencies in dealing with an aged building. Therefore it would be necessary to utilize $1,500,000 of the grant funding supplemented by $330,000 in the Community Services Department 2009 capital budget. Orono Arena 6.0 While monitoring has been ongoing for some time, the roof at the Orono Arena has recently been identified as needing complete replacement due to rapidly deteriorating conditions. The cost of this project is estimated at $310,000 and is recommended to by financed through the Creating Jobs, Building Ontario grant. Bowmanville Museum 7.0 Some work is needed at the Clarington Museums- Bowmanville location pertaining to the balcony and eavestroughs. The total cost is estimated at $60,000. Municipal Administrative Centre 8.0 As a safety issue, the surface of the concrete steps, ramp and terrazzo landings needs to be removed, the heating cable reinstalled, and the areas resurfaced to the original condition. The cost is $80,000. $46,299 will be allocated from the Creating Jobs, Building Ontario funding with the balance in future budgets. Orono Library 10.0 The roof and eavestrough need to be replaced at this location at an estimate of $50,000. SUMMARY OF RECOMMENDED PROJECTS: 11.0 COST: $1,500,000 1,500,000 310,000 60,000 46,299 50,000 $3,466,299 1513 REPORT NO.: FND-018-08 PAGE 5 Conclusion: 12.0 Staff have identified in the preceeding section some important priorities with respect to aging building infrastructure owned by the Municipality. Staff have focused on existing buildings that will require significant upgrades and related financing in the near future. The funding from the province is a response to repeated Municipal calls for assistance pertaining to infrastructure deficits. Roads and related infrastructure have not been included here, not because of lack of need, but due to the opportunity for funds in that category from other grant sources that have not been available from a building perspective. 9.1 Any questions pertaining specifically to the detailed project should be directed to the appropriate Department Head. 9.2 It is important to note that the timing for undertaking the above projects, once approved by Council, may be somewhat lengthy. There are factors affecting each project, due to its nature, that will impact upon the commencement of the project. For example, the fall ice season is soon commencing so works cannot be undertaken during prime seasons. There is not an identified completion deadline attached to the provincial funding. 9.3 It is recommended that Council approve the projects identified so that the funds are earmarked and projects can be planned and co-ordinated in an orderly fashion. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1514 cmr.n MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: September 8, 2008 Subject: APPOINTMENT TO THE ENERGY-FROM-WASTE SITE LIAISON COMMITTEE - A01.EN Attached under separate cover, are copies of applications received in response to the advertisement placed in our local newspapers for the four positions on the Energy-from- Waste Site Liaison Committee. Below is a listing of the names of the applicants. . Tracey Ali . Katie Baragar . Julian Glowacki . Karen Hills . Kim Little . Cathrine McKeever . Jim Vinson . Robert Wallis . Rag es Patti L. Barrie, Municipal Clerk PB:cf Attachment CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1901 HANDOUTS/CIRCULA TIONS GPA q!J!illgtoo MEMO CLERK'S DEPARTMENT To: From: Date: Subject: Mayor Abernethy and Members of Council Anne Greentree, Deputy Clerk September 5, 2008 GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA - SEPTEMBER 8, 2008 - UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, September 8, 2008: 6. DELEGATIONS See attached Final List (Please note that Robert Hann and Beth Kelly were removed as they will be speaking under the Public Meeting section regarding Report PSD-087-08. They have been advised.) 19. COMMUNICATIONS (a) Additional Applications for the Energy From Waste Site Liaison Committee were received, after the deadline, from the following applicants: . Kathy Coupland . Dr. Ronald H. Stead . Derek Baird . Sheila Hall (applications to be distributed under separate cover) For your reference a copy of Terms of Reference is attached. Please note ection 4, second bullet. cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 FINAL LIST OF DELEGATIONS GPA Meeting: September 8, 2008 (a) Mandy Baker, Regarding Driveway at Her Residence (b) Jaison Gibson, Regarding Constructive Forgiveness with Regards to Social Concems (c) Jay Summers, Regarding Report PSD-088-08 (d) Kelvin Whalen, Kaitlin Group, Regarding Report PSD-091-08 (e) Kevin Taylor, Regarding Report PSD-091-08 (f) Reid Allin, Regarding Report PSD-091-08 (g) Richard Ward, Regarding Taxes and Property Standards The Regional Municipality of Durham To: The Works Committee From: Commissioner of Works Report: 2008-WR-15 Date: April 23, 2008 SUBJECT: Energy from Waste Site Liaison Committee Terms of Reference RECOMMENDATIONS: THAT the Works Committee recommends to Regional Council that: a) The attached Terms of Reference as Attachment NO.1 for a Site Liaison Committee (SLC) be approved; b) A copy of this report be fOlWarded to the Municipality of Clarington. REPORT: Attachment No.1: Tenns of Reference for the Site Liaison Committee 1. PURPOSE The purpose of this report is to facilitate the formation of a Site Liaison Committee (SLC) of public stakeholders to represent a broad range of interests across the study area community. 2. BACKGROUND On June 29. 2005, Regional Council adopted Works Committee Report No. 2005-WR-10 to enter into an agreement with the Regional Municipality of York for the DurhamlYork Residual Waste Management Environmental Assessment (EA) Study. On January 23. 2008 Regional Council adopted Works Committee Report 2008- WR-7, to approve the Clarington C1 site for the proposed EFW thermal waste treatment site. 'REiDort No.: 2008-WR-15 Pace No,: 2 As part of the approved Environmental Assessment (EA) Terms of Reference, Section 7, Consultation Plan for the EA, requires that public liaison committees be designated by the proponents to provide the opportunity to inform and exchange information regarding Study methodologies across the study area community. The Joint Waste Management Group (JWMG) is one such public liaison committee, however now that a formal site has been approved, a specific Site Liaison Committee is required to provide and exchange input on: . Site specific environmental and health studies . Architecture and site development issues . Promotion of District Heating and other beneficial programs . Communication and information distribution On April 15lh, 2008, JWMG approved the attached SLC Terms of Reference (Attachment No.1) 3. SITE LIAISON COMMITTEE The purpose of the SLC is to provide a forum for local residents and stakeholders to review and provide input on site specific studies related to the EA study of the Energy from Waste (EFW) Facility. This type of liaison group has been very successful in other municipalities in assisting with the development of an effective relationship with residents living in the vicinity of operating plants. The Committee will invite volunteers from the community to put their names forward for appointment by Durham Regional and Clarington Councils as defined in the attached document. The committee will report in accordance with the Terms of Reference to the Joint Waste Management Group until its dissolution or the completion of the EA. Since the EFW approved site is located in Durham Region, York Region has chosen to let Durham take the lead on the formation ofthe SLC, recognizing the intent of the committee is to address specific local committee issues. York Region may participate as non-voting members at the committee. The Terms of Reference for the SLC specifies that membership in the SLC shall include: . Five (5) residents from the Region of Durham at large . Four (4) residents from the Municipality of Clarington . One (1) Chair from the nine (9) members to be appointed by the Regional Chair and the Mayor of Clarington , ' Report No.: 2008-WR-15 Paae No.: 3 . Non voting members will include the Regional Ward Councilor, Clarington Ward 1 Councilor, Durham Region Works Department Staff member, Clarington Staff member, and may include, upon invitation a York Region Staff member and a representative from the Ministry of the Environment Persons interested in obtaining a voting position on the committee will be required to submit a letter detailing the following: · Qualifications and experience relevant to the committee and position · A statement of interest and reason for applying to the committee 4. CONCLUSION In accordance with the approved Terms of Reference for the EA study, the JWMG has approved the attached SLC Terms of Reference for the establishment of a community liaison group and it is recommended that Works Committee and Council similarly approve the Terms of Reference. ~ Clifford 's, P. Eng., MBA, Commi ioner of Works Recommended for Presentation to Committee I ~wnill&J! G. H. Ditt, M.S.W., Chief Administrative Officer WM1/al REVISED PAGE Attachment No.1 2008-WR-15 [DI~ ] " "'k" - .., c".;,','" Residual Waste Studv DurhamNork Residual Waste Study Region of Durham and Region of York Energy from Waste FaeiIity Site Liaison Committee Terms ofReferenee 1. COMMITfEE GOAL AND MANDATE The Energy from Waste (EFW) Facility Site Liaison Committee (SLC) shall serve to review and provide input on site specific studies related to the Environmental Assessment (EA) study of the Energy from Waste Facility. The Committee will invite volunteers from the community to put their names forward for appointment by Durham Regional and Clarington Councils as defined in this document. The committee will report, in accordance with the following Terms of Reference to the Joint Waste Management Group (JWMG), until its dissolution. 2. SCOPE OF ACTIVITIES The scope of SLC includes: 1. Scheduling, advertising and maintaining agendas and minutes for quarterly or more frequent meetings open to the public. 2. MaiDtJlining membership and notifYing Durham Council of the need to replace any member missing three consecutive meetings without prior notification or valid reason 3. Review of site specific EA Study reports in coordination with the ongoing EA project schedule. 4. Distribution of information from the site specific EA studies as requested by JWMG. 5. Facilitating communication between local residents and stakeholders, and the JWMG. 6. Receiving and hearing deputations from local residents and stakeholders pertaining to the EFW site specific EA studies. The SLC should develop protocols governing acceptable and relevant content. 7. Preparing, maintaining and archiving supporting material as the committee deems necessary including committee agendas and minutes, deputation records, mailing . ~ April 23. 2008 2 REVISED PAGE Attachment No.1 2008-wR-15 Energy from Waste FaeiJity Site Liaison Committee - Terms of Reference lists, information files, resource materials, newsletters, fact sheets and PowerPoint presentations 3. OPERATING CRITERIA 8. Durham Region shall appoint a liaison person from the Region's Works Department and a liaison from the JWMG. The Municipality of Clarington may provide a liaison person. 9. Durham Region shall approve the annual budget that may include for such items as {Idminktrative supplies for the SLC and other operating costs. 10. The SLC must maintain budget and provide back-up documentation to the Region for all monies spent and will review the need and status for its own budget on a regular basis. Annually, in August, the SLC will submit the proposed budget for the forthcoming year for review and consideration by Durham Region Council as a line item in the annual Solid Waste Management Budget. 11. Durham Region will provide space on its website to post information such as meeting minutes and pertinent information as it pertains to the site specific EA studies as it deems appropriate. York Region and the JWMG may provide independent posting of information or provide linkage to Durham's website as required. 12. All meeting minutes and the annual report will be posted on the Durham Region and EFW websites and the information or links to the information may be posted on the Municipality of Clarington, York Region and JWMG websites. 13. The Chair of the SLC will present their annual report and any additional reports as requested, to the JWMG, Durham Regional Council, and Clarington Council. The Chair will also provide a presentation to both the Joint Waste Management Group and Clarington Council after each meeting of the SLC. 14. SLC members shall elect a secretary/treasurer from its membership. SLC members shall elect a Vice-Chair to serve in absence of the Chair. If a vacancy in the Vice-Chair or secretary/treasurer position occurs an election will be held. The chairperson shall: · Chair SLC meetings and encourage balance and professional functioning of SLC business . Encourage membership participation . Establish meeting agendas · Review and arrange for the circulation of minutes · Follow-up on all committee activities . . April 23 , 2008 3 REVISED PAGE Attachment No.1 2008-WR-15 Energy from Waste Facility Site Liaison Committee - Terms of Reference · Submit the committee's annual budget summary and report for consideration by the Region 4. MEMBERSHIP Voting membership in the SLC shall consist of nine (9) members which shall include: · Five (5) residents of the Region of Durham at large, appointed by Durham Regional Council, for a two (2) year term that is renewable for a maximum of three (3) consecutive terms. Appointments are to be staggered to provide continuity for the Committee. · Four (4) residents ofClarington appointed by Clarington Council, for a two (2) year term that is renewable for maximum of three (3) consecutive terms. Appointments are to be staggered to provide continuity for the committee. · One (l) Chair - The Regional Chair and Mayor of Clarington will jointly appoint the Chair Person, from the nine voting members who will serve a two (2) year term which is renewable for one (1) consecutive term. Although considered a voting member, the Chair will only vote in the event of a tie vote. Non Voting members may include: · A designated Durham Regional Works Department staff member, JWMG member, Clarington staff member, or York staff member . A representative from the Ministry of Environment · The local Ward 1 Councillor and the Regional I Councillor 5. APPUCATION PROCESS Persons interested in obtaining a voting position of the committee must submit a letter detailing the following: · Qualifications and experiences relevant to the committee and position · A statement of interest and reason for applying for appointment to the committee The Region of Durham's Works Committee will be responsible for preparing a report recommending voting and identifYing non-voting committee members, selected according to the criteria above, for approval of Durham Regional Council. . April 23, 2008 4 REVISED PAGE Attachment No.1 2008-wR-15 Energy from Wute Facility Site Liaison Committee - Terms ofReferenee 6. MEETING FORMAT · The frequency and dates of meetings will be determined after the committee has been established and approved. The SLC may choose to adjust the schedule ensuring that a minimum offour (4) meetings are held annually. The meeting schedule will be adopted for one (I) year, with any additional meetings scheduled at the discretion of the committee. . · Meetings will be held in the evening the Regional Headquarters, 605 Rossland Road East in Whitby. Meeting schedule for the year will be determined through vote during the first initial meeting will be advertised to the public. Any changes to meeting dates must be published two (2) weeks in advance of the proposed meeting. · All decisions made by the SLC will be based on simple majority and there must be 50 % plus one voting members in attendance for a quonim · All meetings of the SLC will be open to the public · All members of the committee, and liaison representatives as well as the Regions' Directors of Waste Management, shall receive copies of the minutes and agenda for the next meeting, with a minimum notification period of two (2) weeks prior to the next scheduled meeting · The Region's Director of Waste Management shall provide a staff member for clerical and administrative assistance. 7. COMMITrEE BUDGET An annual $10,000 fund will be established for the committee to cover operating expenses. Any other funding requests must be submitted through JWMG for consideration. The committee Treasurer/Secretary shall keep a current and accurate statement of all expenses. Committee members will be reimbursed for mileage expenses for attendance at SLC meetings upon submission of an expense sheet 8. COMMITfEE TERM The term of the SLC will continue through to the formal conclusion of the Environmental Assessment process, at which time it will be dissolved. At that time a new committee will be struck with a new mandate for the construction, operation and monitoring for the EFWproject Notice was posted on'our Website inviting applications ENERGY-FROM-W ASTE (EFW) SITE LIAISON COMMITTEE APPOINTMENTS The Municipality of Clarington is seeking applications from residents who are interested in actively participating as a member of a public Site Liaison Committee in partnership with the Municipality of Clarington and the Region of Durham. The Terms of Reference governing this committee are posted on the Region of Durham website at www.rel!ion.durham.on.ca. The committee will provide feedback to and exchange information with Regional residents on the site-specific studies currently being conducted on the recommended site for an energy-from-waste facility. These studies are being completed under the Ministry of the Environment regulations as part of the DurhamIY ork Environmental Assessment (EA) for the DurhamIYork Residual Waste Study. For more information on this study, visit www.durhamvorkwaste.ca. The Municipality of Clarington will be selecting four Clarington residents to participate on this committee. The Region of Durham will be selecting five residents from the Region of Durham at large to participate on the committee as well. Committee member selection will be based on the qualifications and interest provided with a completed application. If you are interested in participating on the EFW Site Liaison Committee, please complete the application form (click here to download odt) or contact the Clerk's Department, 40 Temperance Street, Bowmanville, Ontario, LlC 3A6, Telephone 905-623-3379, email clerks@.clarinl!lon.net Applications must be received by August 22, 2008. P.O. BOX 82, BOWMANVILLE, ONTARIO Lle 3K8 BETHESDA HOUSE Ad m i n istratio n: 905-623-6045 E-mail: bethesdahousel(ijlrol!:ers.com Mayor and Members of Council; Re: Bowmanville Communitv ImDrovement Plan Amendment: Reconstruction Grant The Bethesda House Board of Directors is in full support of the proposed addition of a reconstruction grant to the Bowmanville Community Improvement Plan. Bethesda House has already applied for and received confirmation of our eligibility for funding under the other grant programs that are part of the Bowmanville CIP. The grants will assist Bethesda House with the cost of rebuilding. Constructing a new facility is a challenge we certainly didn't anticipate facing when we opened for business at 25/27 King Street in October, 2007. But it is also an opportunity to have some of the items that our building previously did not have such as handicap accessibility and a lift. To supplement our insurance we need to seek additional funds through other sources to cover the shortfall that we anticipate. Our contingency plan is to either reduce the footprint ofthe building and/or build in stages, providing for future phases, We are taking this opportunity to work cooperatively and collaboratively with our neighbours, the Lange's and the Rupa's, to ensure that our section of downtown Bowmanville remains consistent with its heritage. Our new building will not be an exact replica of the previous one but will blend with the existing streetscape. We are working with an architect and hope to have some elevations that we can share with everyone soon. The Bethesda House Board is very cognizant of the assistance that the Municipality has provided to us and would like to thank Council for their ongoing support in this matter. We are grateful that the Municipal staff have been there to answer our questions and provide clarification. The support and assistance of Faye Langmaid as our liaison with the municipality has been incredibly helpful during this very difficult process. Sincerely, J i c mnon ecutive Director On Behalf of the Bethesda House Board of Directors "BUILDING HOPE...CHANGING LIVES" A non-profitable charitable organization # 14083 5802RROOOl In partnership with our community, Bethesda House provides secure shelter, woman-centered advocacy and support to women and their children, to empower them to live free from fear, domestic abuse and oppression.