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Home My WebLink About04/22/2003 - - Cl~iDgron - - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ... DATE: APRIL 22, 2003 7:00 P.M. TIME: .... PLACE: COUNCIL CHAMBERS ,.. 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST - 3. MINUTES .... (a) Minutes of a Regular Meeting of April 7, 2003 (b) Minutes of a Special Meeting of April 14, 2003 301 .. 310 4a. PRESENT A TION - (a) Leroy Corkum, Pastor, 3740 Skelding Road, Orono, LOB 1 MO - Presentation of a framed print from the Congregation of Clarington - to the Mayor and Council 4b. DELEGATIONS ... (a) H. F. Grander, H. F. Grander Company Ltd., P.O. Box 616, Port Perry, L9L 1A6 - Report PSD-041-03 - (b) Jeff Brooks, Chair, Clarington Museum Board, 4 Sagewood Avenue, L 1 E 2G 1 - Report CSD-08-03 .. 5. PUBLIC MEETING - (a) Official Plan Amendment and Rezoning Applications Applicant: West Diamond Properties Inc. & Players Business Park Limited REPORT PSD-040-03 501 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 - IIIlII G.P.& A. Agenda - 2 - April 22 , 2003 IIiIIII .. 6. PLANNING SERVICES DEPARTMENT (a) PSD-040-03 - Official Plan Amendment and Rezoning Applications IIli Applicant: West Diamond Properties hic. & Players Business Park Limited 601 ... (b) PSD-041-03 - Monitoring of the Decisions of the Committee of Adjustment for the Meeting of April 10, 2003 620 Oak Ridges Moraine Conservation P'lan Conformity .... (c) PSD-043-03 - Amendment Status Report 632 IIiIIII (d) PSD-044-03 - Application for Removal of Part Lot Control Applicant: Orchard Park Estates (Bowmanville) Inc. - Baywood Homes 637 ... (e) PS D-04 7 -03 - Application for Removal of Holding Symbol Applicant: G. Genge of D. G. Biddle 'and Associates .. Ltd. for P. Litowitz of 1319164 Ontario Ltd. 644 7. ENGINEERING SERVICES DEPARTMENT .. (a) EGD-06-03 - Barron Court Subdivision, Courtice, Plan 40M-1982, 'Certificate of Acceptance' and .. 'Assumption By-law' Final Works Including Roads and Other Related Works 701 .. (b) EGD-07 -03 - ORR Court Subdivision, Bowmanville, Plan 40M-1903, 'Certificate of Acceptance' and 'Assumption By-laws' Final Works Including \III roads and Other Related Works 706 (c) EGD-14-03 - Monthly Report on Building Permit Activity for "l March,2003 713 8. OPERATIONS DEPARTMENT .. No Reports .. 9. EMERGENCY SERVICES DEPARTMENT .. No Reports .. .. .. - G.P.& A. Agenda .3- April 22 , 2003 - 10. COMMUNITY SERVICES DEPARTMENT - (a) CSD-08-03 Clarington Public Library Building - Lower - Level Tenants 1001 - (b) CSD-09-03 Sports Alliance of Ontario - Community Sport - for All Award 1004 .. 11. CLERK'S DEPARTMENT (a) CLD-17-03 - Animal Services Monthly Report for the Month - of March, 2003 1101 (b) CLD-18-03 - Mosport Park - 2003 Racing Season 1104 .... 12. CORPORATE SERVICES DEPARTMENT - (a) COD-11-03 - RFP2003-3, Bowmanville King Street E. Corridor Study 1201 - (b) COD-12-03 - RFP2003-2, Hotel Accommodation Study 1205 .. 13. FINANCE DEPARTMENT (a) FND-011-03 - Great Lakes Wetland centre Project 1301 - 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT - No Reports 15. UNFINISHED BUSINESS .. 16. OTHER BUSINESS ... 17. ADJOURNMENT ... - - .. .. .. - IIIIlI - .. .. ... .. .. ... '* .. .. ." .. .. .. .. .. .. THE MUNICIPALITY OF CLARINGTON .. General Purpose and Administration Committee April 7, 2003 ... ... ROLL CALL ... Present Were - .. Also Present: - - - ... Minutes of a meeting of the General Purpose and Administration Committee held on Monday, April 7, 2003 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor J. Rowe CouncillorJ.Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Deputy Clerk, M. Knight Stanley Clerk 11, D. MacKay Mayor Mutton chaired this portion of the meeting. - DISCLOSURE OF PECUNIARY INTEREST - MINUTES - - - - ... There were no disclosures of pecuniary interests stated at this meeting. Resolution #GPA-157-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on March 24, 2003 be approved. 301 "CARRIED" G.P. & A. Minutes -2- April 7, 2003 .. DELEGATIONS IIIIlI (a) Arden Braun, 626 Longworth Avenue, Bowmanville, L 1 C 5B8 addressed committee regarding traffic concerns on Longworth Avenue. Mr. Braun represented his neighbours with concerns regarding the speed on Longworth Avenue. He stated there are many school children in the area and he is concerned with their safety. He inquired if there are any plans for stop signs or traffic lights and would like to see some speed restrictions on the Avenue. IIIIlI .. ... (b) Glenn Genge, D. G. Biddle & Associates Ltd., 96 King Street E., Oshawa, L 1 H 1 B6 addressed Committee in regards to Report PSD-038-03. He stated this development will be good for the municipality in that it includes a Toyota Dealership, restaurants and possibly a hotel. He appreciates the speed with which this has come forth, and concurs with the draft plan conditions. Mr. Genge invited questions from the committee. ... IIIIlI IIIIlI Councillor Schell chaired this portion of the meeting. .. PLANNING SERVICES DEPARTMENT Committee of Resolution #GPA-158-03 Adjustment for the Meeting of Moved by Councillor MacArthur, seconded by Councillor Rowe March 20, 2003 ... ... THAT Report PSD-037-03 be received; and THAT Council concur with the decisions of the Committee of Adjustment made on March 20, 2003 for Applications A2001/063, A2003/004 and A2003/005 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. ... IIIIlI .. "CARRIED" Draft Plan of Resolution #GPA-159-03 Subdivision Appl. Applicant: Moved by Councillor MacArthur, seconded by Councillor Rowe Waverly Road Properties Inc. THAT Report PSD-038-03 be received; IIIIlI IIIIIIi .. 302 .. ... .. G.P. & A. Minutes -3- April 7, 2003 - PLANNING SERVICES DEPARTMENT CONT'D. ... THAT the proposed Draft Plan of Subdivision submitted by D. G. Biddle & Associates Limited on behalf of Waverly Road Properties Inc., be approved and the Director of Planning Services be authorized to issue Draft Approval, subject to conditions as contained in Attachment 2 to Report PSD-038-03; - .. THAT the Mayor and Clerk be authorized by by-law to execute, on behalf of the Municipality, a subdivision agreement with the applicant or any successor in title at such time as the agreement has been finalized to the satisfaction of the Director of Engineering Services and the Director of Planning Services; and .. .. - THAT the Region of Durham Planning Department, all other parties listed in Report PSD-038-03 and any delegations be advised of Council's decision. "CARRIED" - ... Application for Resolution #GPA-160-03 Removal of Part Lot Control Moved by Councillor Robinson, seconded by Councillor MacArthur Applicant: 511060 Ont. Ltd. THAT Report PSD-039-03 be received; - .. THAT the request for Removal of Part Lot Control with respect to Lot 46 Church Street, now known as Amos Street, Block 29 Village of Newcastle Hannings Plan, be approved and that the Part Lot Control By-law attached to Report PSD-039-03 be passed pursuant to Section 50 (7.1) of the Planning Act; and - - THAT all interested parties listed in Report PSD-039-03 and any delegations be advised of Council's decision. - "CARRIED" Councillor MacArthur chaired this portion of the meeting. - ENGINEERING SERVICES DEPARTMENT - Parking on Old Scugog Road and Boundary Road, Burketon Resolution #GPA-161-03 Moved by Councillor Schell, seconded by Councillor Trim - - THAT Report EGD-12-03 be received; 303 G.P. & A. Minutes -4- April 7, 2003 .. ENGINEERING SERVICES DEPARTMENT CONT'D. ... THAT "No Parking" signs be approved in principle along both sides of Old Scugog Road from Boundary Road southerly to the C.P. Railway tracks; IIIIlI THAT "No Parking" signs be approved in principle on both sides of Boundary Road from Regional Road 57 to 270 metres west of Old Scugog Road (Boundary Road with Township of Scugog in Burketon); ... IIiIIII THAT the Township of Scugog be requested to comment on the proposed "No Parking" restrictions affecting the Boundary Road within 30 days; .. THAT, pending comments over the next 30 days and further approval of a Municipality of Clarington by-law amendment, funds be obtained from the 2003 Current Operations Department Traffic Sign Budget for the proposed sign installation and maintenance; and IIIIlI IIIIlI THAT the interested parties listed in Report EGD-12-03 be provided with a copy of Report EGD-12-03 and Council's decision. .. IIlIIi "CARRIED" Councillor Trim chaired this portion of the meeting. ... OPERATIONS DEPARTMENT ... Anti-Litter Campaign Resolution #GP A-162-03 Moved by Councillor Robinson, seconded by Councillor Schell IIIIlI THAT Report OPD-003-03 be received; and IIIIlI THAT Municipality of Clarington participate in the City of Mississauga Anti-Litter Campaign. ... "CARRIED" EMERGENCY SERVICES DEPARTMENT IIiIIII There were no items considered under this section of the agenda. .. 304 .. ... ... G.P. & A. Minutes -5- April 7, 2003 - Councillor Rowe chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT ... ... Clarington Sports Hall of Fame Resolution #GPA-163-03 Moved by Councillor Pingle, seconded by Mayor Mutton THAT Report CSD-06-03 be received for information. - "CARRIED" - 2003 March Break Extravaganza Resolution #GPA-164-03 Moved by Councillor Schell, seconded by Councillor MacArthur - THAT Report CSD-07-03 be received for information. - "CARRIED" Councillor Pingle chaired this portion of the meeting. ... CLERK'S DEPARTMENT ... Weed Control Resolution #GPA-165-03 Moved by Councillor Schell, seconded by Councillor Robinson .. THAT Report CLD-16-03 be received; ... THAT the by-law attached to Report CLD-16-03 be forwarded to Council for approval; and .. THAT once passed, Staff be authorized to proceed to issue a tender for a contractor to perform the needed cutting services. .. "CARRIED" ... - - - 305 - G.P. & A. Minutes - 6- April 7, 2003 .. ... Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT IIIIlI Janitorial Services Contract Resolution #GPA-166-03 ... Moved by Councillor MacArthur, seconded by Councillor Pingle WHEREAS the construction of the Municipal Administrative Centre and Main Branch Library required the consideration of a change to the method of providing janitorial services, and it is considered in the best interest of the Municipality to assess the needs of the Corporation during the first full year of its operation; .. .. .. NOW THEREFORE BE IT RESOLVED: THAT Report COD-05-03 be received; ... THAT the janitorial services for the Municipal Administrative Centre and Main Branch Library be provided by contract of employment with staff under the direction of the Director of Operations; .. ... THAT Council approve the hiring of no more than 3 contract Building Services 1 positions, and 2 part-time (maximum 24 hours) contract positions, for the period of twelve months; IIIi THAT the contracts of employment be drafted by the Manager of Human Resources, using the provisions for temporary employees within the existing CUPE Collective agreement with an agreement from CUPE to extend the period of employment to twelve months; ... ... THAT the Director of Operations monitor the janitorial service function over the contract period and make recommendations for the permanent provision of janitorial services through the 2004 budget process; and ... ... THAT the competing firms be thanked for their interest and advised of Council's decision. .. "CARRIED .. 306 III ... - G.P. & A. Minutes - 7 - April 7, 2003 - CORPORATE SERVICES DEPARTMENT CONT'D. .. GeoSmart Application .. ... .. .. ... - - - - .. ... - ... - - .. Resolution #GPA-167-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report COD-10-03 be received; THAT Staff be authorized to submit an application to the Province of Ontario GeoSmart Funding program to the maximum allowable amount of $500,000 for a Municipal GIS solution; THAT the Purchasing by-law tender requirements be waived for acquisition of GIS related applications including hardware, software and consultants; THAT Staff be authorized to apply the unallocated funds in the GIS reserve fund totaling $30,000, plus any orthophoto/vector mapping unexpended funds from prior year budgets, to the application for funding; THAT the application to the GeoSmart Funding program identify those funds that are subject to Council approval in the 2003 capital budget for GIS purposes; THAT, subject to GeoSmart Funding allocation, the approved capital funds for GIS identified in the 2003 budget be authorized for expenditure on the GIS solution identified in the application; THAT, subject to satisfactory negotiations for contributions (including in-kind contributions) to the benefit of the Municipal proposal, Staff be authorized to enter into Public/Private Partnership agreements for the purpose of obtaining GeoSmart funding toward a GIS solution; THAT, if there is any substantial change to the intent of the resolutions contained herein, to the terms of the application or to any of the agreements negotiated to implement the GIS solution, Staff report back to council; and THAT the above resolutions be approved, FORTHWITH. "CARRIED" 307 G.P. & A. Minutes - 8- April 7, 2003 .. .. Mayor Mutton presented Lisa Christodoulou, Student Page, with a certificate for participating in the Page Program. ... FINANCE DEPARTMENT There were no items considered under this section of the agenda. ... CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT IIIiII There were no items considered under this section of the agenda. ... UNFINISHED BUSINESS ... Resolution #GPA-168-03 Moved by Councillor MacArhtur, seconded by Councillor Schell IIIiII THAT the delegation of Arden Braun be referred to the Director of Engineering Services and the Traffic Management Advisory Committee. .. "CARRIED" ... OTHER BUSINESS III Councillor Trim attended the Orono Figure Skating Carnival and the 4th Tyrone Hall Board fundraising euchre party on Saturday night. He also attended the "Lasting Impressions" opening at the Visual Arts Centre on Sunday along with the Newcastle skating carnival and back to the Visual Arts for the Annual Board meeting. IIIIlI .... Councillor MacArthur advised of the upcoming celebration of Earth Day on Saturday, April 26, 2003 at the Samuel Wilmot Nature Area with events commencing at 10:00 a.m. on the east side of the wetland in new parking lot. Activities such as hiking, unveiling of the new Snake Hibernaculum, a presentation and exhibit of live native snakes by the Indian River Reptile Zoo and volunteer shrub planting and opening of new parking lot are some of the activities which have been planned for this event. ... .. .. .. .. 308 III - G.P. & A. Minutes - ADJOURNMENT .. .. - .. - ... - - - - ... - ... - - - - -9- April 7, 2003 Resolution #GPA-169-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the meeting adjourn at 10:25 a.m. "CARRIED" MAYOR DEPUTY CLERK 309 .. .. .. .. ... .. .. .. IIIIli .. IIIlIiIl .. .. .. ... .. .. ... .. - - THE MUNICIPALITY OF CLARINGTON .. Special General Purpose and Administration Committee April 14, 2003 - - ROLL CALL - Present Were - .. Also Present: .. - - ... Minutes of a special meeting of the General Purpose and Administration Committee held on Monday, April 14, 2003 at 1 :00 p.m., in the Council Chambers. Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson CouncillorJ. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Municipal Clerk, P. L. Barrie Clerk 11, D. MacKay Mayor Mutton chaired the meeting. .. DISCLOSURE OF PECUNIARY INTEREST .. DELEGATIONS ... - - - ... There were no disclosures of pecuniary interests stated at this meeting. (a) Cathy McKeever, clarington Public Library Board gave a power point presentation and presented an overview of their 2003 budget to committee. (b) Richard Toms, Visual Arts Centre was present to answer questions of Committee regarding the Visual Arts Centre 2003 budget request. (c) Harold st. Croix, The clarington Museum Board gave a power point presentation and presented an overview of their 2003 budget to committee.- 3 1 0 -2- .. Special G.P. & A. Minutes April 14, 2003 FINANCE DEPARTMENT 2003 Capital Budget and Four Year Forecast ... Resolution #GPA-170-03 ... Moved by Councillor Shell, seconded by Councillor Robinson THAT Report FND-009-03 be received; ... THAT the 2003 Capital Budget as outlined in the document attached to Report FND-009-03 be approved; ... THAT Attachment #1 to Report FND-009-03, summarizing the financing of capital projects be approved; ... THAT the four year forecast be approved in principle; and .. THAT the Handi Transit request for funding to purchase an additional Handi Transit vehicle to expand service in Clarington be approved from the Transit Reserve Fund at an approximate cost of $78,000. ... "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING MOTIONS) ... ... Resolution #GPA-171-03 Moved by Councillor Schell, seconded by Councillor MacArthur .... WHEREAS the Bowmanville Valley trail project is proposed for construction in 2004 in the Municipality of Clarington's 2003 Capital Budget and Four Year Forecast, .... AND WHEREAS it is possible to phase the construction of this project over a two year timeframe; Phase 1, from King Street southerly to Spry Avenue and Phase 2, from Spry Avenue southerly to Baseline Road, ... ... NOW THEREFORE BE IT RESOLVED THAT Phase 1 of the project proceed in 2003 with the estimated cost of $160,000 being funded from the Development Charges Reserve Fund (in the amount of $138,576) and from the Public Works and Parks Capital Reserve Fund (in the amount of $21 ,424); ... .. .. AND THAT Phase 2 of the project, in the amount of $80,000, be included in the 2004 Capital Budget. .. "CARRIED" 3 1 J .. - Special G.P. & A. Minutes - 3 - April 14, 2003 - Resolution #GPA-172-03 - Moved By Councillor Robinson, seconded by Councillor Trim .. WHEREAS the Municipality will receive $75,000 in dividends from Veridian Connections Inc., in 2003; - AND WHEREAS there is a need for illumination improvements at various locations across the municipality; - NOW THEREFORE BE IT RESOLVED THAT $25,000 of the Veridian dividends be expended in 2003 for illumination improvements at various locations across the Municipality. ... "CARRIED" ... The foregoing Resolution #GPA-170-03 was then put to a vote and CARRIED AS AMENDED. ... 2003 Operating Budget Resolution #GPA-173-03 Moved by Councillor Rowe, seconded by Councillor Schell - THAT Report FND-010-03 be received; - THAT Council approve the 2003 Operating Budget as outlined, at an estimated 3.5% increase (including capital), in overall levy over the 2002 levy (exclusive of tax policy) as directed in Report FND-010-03 and Attachment #1 to Report FND-010-03; ... - THAT the Schedules of the Draft Current Budget document outlining Reserve and Reserve Fund contributions be approved; .. ... THAT the correspondence received from the Visual Arts Centre (Attachment #3 to Report FND-010-03) be received for information and that the Visual Arts Centre be notified that requests for funding for future years will be reviewed by Council in conjunction with the applicable year's municipal budget process; - - THAT the external agencies referred to in Report FND-010-03 and identified in Attachment #1 to Report FND-010-03, be advised of Council's decision regarding their grant request; - 312 - Special G.P. & A. Minutes - 4- April 14, 2003 .. - THAT, to provide consistency in accountability, the Library Board be requested instruct the Library Director to work in conjunction with the Chief Administrative Officer and the Director of Finance in preparing their budget; .... THAT 2003 staffing changes be approved as per Attachment #2 to Report FND-01 0-03; and ... THAT the appropriate By-laws to levy the 2003 tax requirements for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available. ... ... "CARRIED" .. ADJOURNMENT Resolution #GPA-174-03 .. Moved by Councillor Schell, seconded by Councillor Rowe ... THAT the meeting adjourn at 1 :50 p.m. "CARRIED" .. MAYOR ... .. MUNICIPAL CLERK ... - - .. .. .. 313 .. - .. - - - - - - - .. - - .. - .. - - .. - PUBLIC MEETING REPORT # PSD-040-03 WEST DIAMOND PROPERTIES INC. & PLAYERS BUSINESS PARK LIMITED Clwnn CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING WEST DIAMOND PROPERTIES INC. & PLAYERS BUSINESS PARK LTD. Development Application by: AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment under Section 17 of the Planning Act, 1990, as amended, and a proposed Zoning By- law Amendment under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS Planning File Nos.: COPA 2002-002; ZBA 2002-004 The Official Plan Amendment submitted by West Diamond Properties Inc. and Players Business Park Ltd. proposes the following changes: I Expand the Bowmanville West Main Central Area to include the subject property and redesignate the lands from "Highway Commercial - Special Policy Area H: West Bowmanville Gateway" and "Urban Residential' to "Main Central Area: Retail Commercial". . Increase the retail commercial floor space allocation for the Bowmanville West Main Central Area from 40,OOOm2 to 73,050 m2. I Delete the collector road extension of Uptown Avenue west of Green Road. I Delete the collector road extension of Boswell Drive within the subject lands. The proposed Zoning By-law Amendment submitted by West Diamond Properties Inc. and Players Business Park Ltd. would implement the proposed Official Plan Amendment and allow a total of 33,050 m2 of retail commercial floor space on the subject lands. The subject property is located in Part Lot 17, Concessions 1 and 2, former Township of Darlington, more specifically at the northwest comer of Highway 2 and Green Road in Bowmanville (See key map on reverse side). 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 Official Plan and Zoning Amendments. The public meeting will be held on: DATE: Tuesday, April 22, 2003 TIME: 7:00 p.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanvllle, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan Amendment and approval of the Zoning By-law Amendment, you must submit a written request to the Director of Planning Services at the address below. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Richard Holy at (905) 623-3379 extension 332 or by e-mallatrholvtmmunlcloalltv.clarlnaton.on.ca. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Official Plan and Zoning By- law Amendments to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written lubmilllonl before the propol.d Official Plan Amendment I, edopted or the 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 14'" day of March, 2003. ~ David J. Crome, M.C.I.P., Director of Planning Services Municipality of Clarlngton 40 Temperance Street Bowmanvllle, Ontario L 1 C 3A6 501 .. .. ... .. 0 .- ~ 0::: Z I.&J ." I.&J .. 0::: C) ... .. = r'- I I I /1 .. .. ... ~ ~ ... Bowmanvllle Key Map I I ~ ~ .. COPA 2002-002 AND ZBA 2002-004 ~ -- ~ .. Official Plan and Zoning By-law Amendments Green-Martin Properties Ltd. ... 2 ;'~ .. 'j .. ',I ., 502 .. - - Clw:..ilJgton REPORT PLANNING SERVICES PUBLIC MEETING - ... - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, April 22, 2003 - Subject: File #: COPA 2002-002 By-law #: ZBA 2002-004 OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS APPLICANT: WEST DIAMOND PROPERTIES INC. & PLAYERS BUSINESS PARK LIMITED Report #: PSD-040-03 - - RECOMMENDATIONS: - .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-040-03 be received; 2. THAT the development applications submitted by Bousfield, Dale-Harris, Cutler & Smith Inc., on behalf of West Diamond Properties Inc, and Players Business Park Limited, be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and - - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - - O~~~~ Reviewed by: avid J. Crome, M.C.\.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer - - RH/CP/DC/df 15 April 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 601 - REPORT NO.: PSD-040-03 PAGE 2 ... 1.0 APPLICATION DETAILS 1.1 Applicant: West Diamond Properties Inc. & Players Business Park Ltd. .. .. 1.2 Agent: Bousfield, Dale-Harris, Cutler & Smith Inc. 1.3 Official Plan Amendment: To permit the development of 33,070 m2 (356,000 sq. ft.) of retail commercial f100rspace by: . Redesignating the subject lands from "Highway Commercial- Special Policy Area "H": West Bowmanville Gateway" and "Urban Residential" to "Main Central Area: Retail Commercial"; . Increasing the total permitted retail commercial development in the West Main Central Area from 40,000 m2 to 73,070 m2; . Deleting the retail commercial development thresholds which links retail development to population growth; . Allowing up to 33,070 m2 of retail commercial development on the subject lands; . Deleting the collector road extension of Boswell Drive within the subject lands; and . Deleting the collector road extension of Uptown Avenue west of Green Road. .. III .. .. ... ... .... ... ... ... 1.4 Rezoning: To rezone the property from "Holding-Highway Commercial ((H)C8) Zone", "Agricultural (A) Zone", and "Agricultural Exception (A-61) Zone" to permit the development of 33,050 m2 of retail commercial f1oorspace. ... .. 1.5 Site Area: 11.95 hectares (29.5 acres) III IIIIIi III 602 III ... - - - - - - .. - .. - - .. ... - - - - - REPORT NO.: PSD-040-03 PAGE 3 2.0 LOCATION 2.1 The property under consideration includes 2320 and 2340 Highway 2, which is located at the northwest corner of Highway 2 and Green Road in Bowmanville (See Attachment 1). The land holdings under consideration total 11.95 hectares (29.5 ac). The property is located within Part Lot 17, Concessions 1 and 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On February 1, 2002, Bousfield, Dale-Harris, Cutler and Smith Inc. submitted official plan amendment and rezoning applications on behalf of West Diamond properties Inc and Players Business Park Limited (Metrus) to permit the redevelopment of 24,000 m2 (258,400 sq. ft.) of retail commercial f1oorspace. The development consisted of a 14,040 m2 Wal-Mart junior department store and five free-standing retail pads totalling 9,960 m2 of retail commercial f1oorspace. The site area initially only covered 8.6 hectares (21.2 acres). A Public Meeting scheduled on September 23, 2002 for the initial application was cancelled at the applicant's request. 3.2 On February 10, 2003, Bousfield, Dale-Harris, Cutler and Smith Inc. submitted revised official plan amendment and rezoning applications on behalf of Metrus to permit the redevelopment of 33,070 m2 (356,000 sq. ft.) of retail commercial f100rspace as shown on Attachment 2. The revised development proposes a 15,236 m2 Loblaws supermarket, a 14,040 m2 Wal-Mart junior department store, three free-standing retail pads along Highway 2 totalling 3,767 m2 of retail commercial f1oorspace, and a gas station at the intersection of Highway 2 and Green Road. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The majority of the subject lands are currently used as apple orchards and other agricultural production. A temporary golf driving range is located at 2320 603 REPORT NO.: PsD-040-03 PAGE 4 ... Highway 2 on the western portion of the site. A single detached dwelling is also ... located on 2340 Highway 2. 4.2 Surrounding Uses: East: Residential and vacant lands subject to a 6,410m2 commercial proposal submitted by Valiant Property Management (Valiant), and a future public secondary school Agricultural land and rural residential Agricultural land and rural residential Urban residential and Petro Canada gas station North: West: South: 5. OFFICIAL PLAN POLICIES 5.1 The Clarington Official plan designates the property as "Highway Commercial- Special Policy Area "H": West Bowmanville Gateway" and "Urban Residential". Although the highway commercial designation permits retail uses, they are described as serving the specialized needs of residents on an occasional basis and consume larger parcels of land and require outdoor storage. The applicant is seeking permission to expand the Bowmanville West Main Central Area to include the subject lands and receive a "Retail Commercial" designation. If approved, a complete range of retail commercial uses, similar to the Clarington Centre, would be permitted including a Wal-Mart junior department store, Loblaws supermarket, commercial retail units, and gas station. The Bowmanville West Main Central Area Secondary Plan, contains a series of retail development thresholds linking population growth to the construction of new retail f1oorspace. This threshold policy and the overall allocation of f100rspace between the West and East Main Central Areas were designed to protect the role and function of the East Main Central Area. Through this amendment, total f100rspace permission would change as follows: 604 .. .. IIIIlI IIIIlI ... .. .. .. - ... .. - .. 11IIIII ... 11IIIII ... .. REPORT NO.: PSD-040-03 PAGE 5 - Currently Proposed Amendment 60,000 60,000 .. - A copy of the proposed amendment to the Clarington Official Plan, as submitted by the applicant, is contained in Attachment 3. - - 5.2 Prior to approval of additional retail commercial f100rspace on the subject lands, the policies require that a retail market impact study at the applicant's expense, is necessary to address the following issues: - . the impact of existing commercial development in West Bowmanville on the downtown and other designated commercial areas; - . changes in consumer expenditure patterns from those patterns documented in retail market studies prepared in 1992; and, - . the impact of additional retail commercial development on existing commercial development throughout Clarington. .. The terms of reference for the study are discussed in Section 9.3 of this report. - ... 5.3 The amendment to the Clarington Official Plan also seeks approval to delete the following two road connections in the Bowmanville West Main Central Area: . the collector road extension of Boswell Drive, north of Highway 2, within the subject lands; and, .. . the collector road extension of Uptown Avenue west of Green Road. ... This issue is discussed in Section 9.4 of this report. _ 6.0 ZONING BY -LAW CONFORMITY 6.1 The lands subject to the application are currently zoned "Holding - Highway .. Commercial ((H)C8) Zone", "Agricultural (A) Zone", and "Agricultural Exception (A-61) Zone". In order to permit the proposed development, a rezoning - application was submitted for consideration. - - 6GS REPORT NO.: PSD-040-03 PAGE 6 .. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the lands. Although the notice stated a total permitted area of 73,050 m2 in the Bowmanville West Main Central Area, the number should have been 73,070 m2 as proposed by the applicant. This discrepancy is considered minor and does not require further notice. ... ... .. IIIIlI 7.2 A number of general inquiries have been received on this proposal to date. The abutting resident to the north is concerned about the development's proximity, specifically the noise associated with loading areas at the rear of the buildings. .. ... 8.0 AGENCY COMMENTS 8.1 The application has been circulated to a number of agencies for review. Due to the complexity of the application, comments have not been received from the following agencies to date: . Clarington Engineering Services . Clarington Operations . Durham Region Planning Department . Durham Region Public Works Department . Central Lake Ontario Conservation . Separate School Board . Hydro One Networks Inc. .. ... ... ... .. .. ... 8.2 Clarington Emergency Services and the Building Division have no objections to the proposal provided that fire hydrants and fire access routes comply with the Ontario Building Code. The Kawartha Pine Ridge District School Board has no objections to the proposal at this time. .. .. III III 6D6 . - - - - - - - - REPORT NO.: PSD-040-03 PAGE 7 9.0 COMMENTS 9.1 The proposed development of two large box stores, the expansion of the West Main Central Area and the deletion of the retail thresholds amendment is a significant departure from existing Official Plan. The Official Plan currently only permits 57,000 m2 of gross leasable floor area in the West Main Central Area, when the population of Clarington reaches 110,000. This amendment, if approved, would allow for 73,070 m2 of gross leasable floor area to be developed today. The 2003 estimated population for Clarington, is 77,000. The current threshold policies are intended to ensure existing commercial floor space in downtown Bowmanville and the balance of the East Bowmanville Main Central Area remains viable relative to new development taking place in the west. 9.2 In addition to the Metrus application, Valiant Property Management has submitted official plan amendment, rezoning, and draft plan of subdivision - applications to permit 6,410 m2 of retail commercial f100rspace at the northeast corner of Green Road and Highway 2. Development applications on the subject - lands propose a further 33,050 m2 of retail commercial f1oorspace. If approved, these two applications would almost triple the amount of existing commercial - floors pace in the Bowmanville West Main Central Area. - .. .. .. ., - - - 9.3 The proposal request for a retail market impact study and commercial policy review was sent to six retail market analysts on April 4, 2003. Among other things, this developer-funded study will examine the following issues: . How has the commercial market evolved in Bowmanville and environs since 1993? . Is it appropriate to allocate more retail development within the existing Bowmanville West Main Central Area? If so, how much is appropriate and where should it be directed? . Can the Clarington market support additional retail development in advance of the population thresholds contained in the Bowmanville West Main Central Area Secondary Plan? 607 REPORT NO.: PSD-040-03 PAGE 8 .... · Can the proposal be accommodated within the existing and planned ... commercial framework with acceptable impacts? · What impacts would the proposals have on other commercially designated .. lands in the Bowmanville West Main Central Area and Courtice Main Central Area? · What are the known impacts from other locations of Wal-Mart on smaller businesses carrying competitive merchandise (photo stores, clothing stores, etc.)? In other words, what is the relationship between department store development and smaller CRU store space? · The Metrus proposal includes a 164,000 sq. ft. Loblaws supermarket. Loblaws would vacate their existing store at the southeast corner of Green Road and Highway 2. The report should examine the impact of the loss of the plaza's supermarket anchor and provide recommendations on the appropriate retenanting of the vacant supermarket space. Staff anticipate the study to be finalized at the end of November 2003. As noted in Section 5.2, the study is applicant funded but administered by the Municipality. 9.4 The official plan amendment application proposes two significant changes to the road network in the Bowmanville West Main Central Area. The applicant proposes to delete the Uptown Avenue collector road extension westward from Green Road within the subject lands. A traffic study prepared by TSH Associates Limited on behalf of the Municipality for a privately initiated official plan amendment by Willsonia Industries Limited indicated that Uptown Avenue represents an important alternative transportation link through the Bowmanville West Main Central Area parallel with Highway 2, especially for residents arriving from north Bowmanville to access the both existing and future recreation and commercial facilities north of Highway 2. By deleting this portion of the Uptown Avenue, the grid system of streets for the West Main Central Area will be jeopardized. Valiant would likely request similar treatment leading to the deletion of Uptown Avenue between Clarington Boulevard and Green Road. 608 ... .. .. IIlIIi ... .. - .. ... lIIlI!i - .. .. .. .. III - REPORT NO.: PSO-040-03 PAGE 9 - The application also proposes to delete the portion of the Boswell Drive collector road, north of Highway 2, within the subject lands. Boswell Drive provides north- south connection parallel to, and west of, Green Road. - - The applicant has submitted a traffic study in support of these deletions. The applicant will be required to pay for a municipal peer review of this study. .. 9.5 Policies for the Special Policy Area "H" require that urban design must be - prepared prior to the commencement of development on the site. In expectation of development proceeding on the Metrus lands in 1999, the Municipality - retained Urban Strategies Inc. to prepare urban design guidelines for a highway commercial form of development. The design guidelines for the Valiant portion of - the area require a significant amount of street-oriented buildings. Since a retail commercial form of development is being proposed, the urban design guidelines - as they relate to the subject lands will have to be updated at the applicant's expense. - - 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. - - ~ - Attachments: Attachment 1 - Key Map Attachment 2 - Site Plan Attachment 3 - Amendment to the Clarington Official Plan as Proposed by the Applicant - - - 609 - REPORT NO.: PSD-040-03 PAGE 10 .", ... Interested parties to be notified of Council's decision: Peter Smith Bousfield, Dale-Harris, Cutler & Smith Inc. 3 Church Street Suite 200 Toronto, ON M5E 1 M2 Robert DeGasperis West Diamond Properties Inc. & Players Business Park Ltd. C/o Metrus Properties Ltd. 30 Floral Parkway Concord, ON L4K 4R1 Yolanda Gjaltema 2098 Green Road Bowmanville, ON L 1 C 3K7 John & Lillian Bouma 2078 Green Road Bowmanville, ON L 1 C 3K7 Robert Hann Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, ON L 1 G 3S2 Glenn Willson Willsonia Industries Ltd. 140 Bond Street West P.O. Box 488 Oshawa, ON L 1 H 7L8 Bryce Jordan Sernas Associates 110 Scotia Court Unit 41 Whitby, ON L 1 N 8Y7 Marvin Green River Oaks Group 23 Lesmill Road Suite 401 North York, ON M3B 3P6 Kathy Pandell Geoffrey L. Moore & Associates Ltd. 370 Steeles Avenue West Suite 207 Thornhill, ON L4J 6X1 ... .. Ron Hooper Bowmanville DBIA 39 King Street West Bowmanville, ON L 1 C 1 R2 .. .. Marianne Zwyers 1 Ivory Court Bowmanville, ON L 1C 5C1 .. Evelyn Stroud 89 Little Avenue Bowmanville, ON L 1 C 1 J9 - John Shewchuk Royal LePage Frank Real Estate 39 Temperance Street Bowmanville, ON L 1 C 3A5 .. .... Lakeshore Group 2 Berkeley Street, Suite 204 Toronto, ON M5A 2W3 .. ... Carmela & Luigi Cupelli 2153 Nash Road Bowmanville, ON L 1 C 3K4 ... Carmine Cupelli 100 Kirby Crescent Whitby, ON L 1 N 6Z7 \lI!J Ted Watson 1583 Maple Grove Road Bowmanville, ON L 1 C 3K3 - - George Ibanez 1535 Green Road Bowmanville, ON L 1 C 3K7 - .. 610 ... - REPORT NO.: PSD-040-03 PAGE 11 - - Lawrence Hellinga 20 Martin Road Bowmanville, ON L 1 C 3K7 - Paul Wilson 342 Mary Street North Oshawa, ON L 1 G 5C8 - ... - - .. - ... .... - .. ., - - - 6 1 1 - ATTACHMEINT 1 - .. - (:) <( o a::: z w w a::: '-' .. .. ... .. ... r .... II .. II .., J II ... .. Bowmanville Key Map i I ... .... ot) ~ '" ~ ~ COPA 2002-002 AND ZBA 2002-004 '*' ~ o G W I '" ,,~ Official Plan and Zoning By-law Amendments . smENS RlWl .. West Diamond Properties Inc. and Players Business Park Ltd. 6~2 .. .. ... .. - ... - - - ATTACHMENT 2 \00 w<( 0\ (/) ~ l~~ .~ ~ avo~ N33~~ ......... "t o III E o .....J ;: ~ ] n:: 8- o ~ a.. ........ '~Ol I J~~N'pfc:lX './.n.:l "J ------ 613 'lll:t o o I N o o N <C m N " c CU N o o I N o o N <C Q. o o c CU - Q. .s .- en PURPOSE: BASIS: ACTUAL AMENDMENT: ATTACHMENT 3 - .. .. AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN - To amend the Official Plan of the Municipality of Clarington by redesignating the subject lands to "Main Central Area". .. The Amendment is based on an application submitted by West Diamond Properties Inc. and Players Business Park Ltd. to permit a commercial development on a 11.95 hectare site located at the north-west comer of King Street and Green Road. ... 11II The Clarington Official Plan is hereby amended as follows: - 1. Land Use Map A3 is amended by redesignating the subject lands from "Highway Commercial - Special Policy Area H" and "Urban Residential" to "Main Central Area" as shown on Schedule 'A' attached. Schedule 'A' attached hereto shall form part of this Amendment. ." .. 2. Transportation Map B3 is amended by deleting the proposed Uptown A venue as a collector road west of Green Road and by deleting the proposed Boswell Drive as a collector road between King Street and the proposed east- west collector road, as shown on Schedule 'B' attached. Schedule 'B' attached hereto shall form part of this Amendment. ... ... ... 3. Section 10.4.2 is amended by increasing the maximum amount of gross leasable floor area for retail and personal services within Bowmanville (West) Main Central Area from 40,000 square metres to 73,070 square metres. fI/III 4. Section 16.10 (Special Policy Area 'H') is deleted. - The Bowmanville West Main Central Area Secondary Plan is hereby amended as follows: .. I. Land Use Map A is amended by designating the subject lands as "Retail Commercial" and by extending the West Main Central Area Secondary Plan boundary identified on Land Use Map A to include the subject lands, as shown on - . 614 .. - " - - Schedule 'C' attached. Schedule 'C' attached hereto shall form part of this Amendment. - 2. The first sentence of Section 1.1 is amended to read as follows: - "The Bowmanville West Main Central Area comprises approximately 67 hectares of land on the north and south sides of King Street, generally between Martin Road (Regional Road 57) and the Bowmanville Urban Boundary. " - 3. Section 4.2 is amended to read as follows: - - "Notwithstanding the ultimate densities for retail and office uses allocated to the various land use designations within this Plan, a maximum of 73,070 square metres of retail and personal services floor space shall be permitted in the West Main Central Area." .. 4. Section 5.2.4 a) is amended by deleting the table and revising the second paragraph to read as follows: - - "The development of retail floor space in the West Main Central Area will proceed in an incremental fashion in accordance with thresholds of supportable retail floor space, as may be determined by a retail impact study to be prepared by a consultant retained by the Municipality." ... 5, Section 5.2.4 c) is amended by adding the following subsection: - iv) ? "up to 33,070 m- on the parcel ofland at the northwest comer of King Street and Green Road." - 6. The first sentence of the last paragraph of Section 5.2.4 c) is amended to read as follows: - "Zoning By-laws to permit these four developments will reflect these site specific allocations and will be consistent with Sections 5.2 and 6.2 of this Secondary Plan". .. 7. Section 5.2.7 is added, reading as follows: - "Notwithstanding any other provision in this Plan, a gas bar is a permitted use on lands located at the northwest comer of King Street and Green Road." - 6~5 - .. .. .. IMPLEMENTA TION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. .." INTERPRET A nON: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. .. ... .. ... ., - ... .. .. .. .. .. .. .. 616 ... - j ~ / ',,- - r---'T-~--- II! . 1 ~ 1 I r:'"'.l . iii; "'~;( , I ',..... - '''" '" :': "". '~f- ~ ~'. 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RtfT;-TD ;-,f;::n.:':rN p~ ..r:.: .~g:-~~~,;;~~i,~~!..i~:~~~t:r~,;~;:~;1 o '0 :......; CJ=iAr'of- Sf'P....I{,t.OC~ .....,. 618 SCHEDULE B III - - ~ ~ :i i ~ . {f ~ '-' ~ :xc w~ t Q; '" u ~~ a; @ ~ >- ~ w ... .. U ::i ::t "'- lz' G.. 0 ~! ~ 25 ~! :l ::t ... wf; ,.. ~ 0 0- t: n: ~~ 0 c; !5 I:' ::> '" ~ ~ z ~ S;., -. .... ~ S t;~ Sl.1 GUl '<<: '-' i~ 5 0'-' ~ E :if W~ :I ~R ~~ ,t! xl!:! 0 0 ~ () 0 0 ! ~ lO CO ~ ;:: & ~... r: ~: ~ I !t · - . . I t:! (,{J o ~ ~ l- ;5 U - . - - r i.! i1f ~ i; ~. tlf., 3':;' ~ f ~Ii ~I~ I~a ~ ,.~ ;tn '-' IIi. ~I e-! - w < fJ) Q. :::l is O"'OtJ._._~~:!~~ r- ~ ~ I : ...J \ \ ] " ..../.....\ \, // ~\ ..., .,..-//- tb.\"\\..~-_. ~\ ~-'\ ~\ ':"1'\ /-:t;\ ..-- . i\ <11\\ - - - \ \ \ - - .. . l~ t~ II;; . \' '., I ! i __, 1-____---- ___-- ___-_____-J ----- . - - a'..o~ N33~!l - . " )/ 4'~# ~. #' t/ I' ,\ <:: -JUJ <cr- 0<' l,l.l>- u.u (/) ~ o (L .. ~_...__...___...c-'-.---'- - - .... .... u c Q) Q) BE :J"O Cf) C C/) Q) "0 E c<( ro 0 -I.... - - 6~9 - ~ ;: o W ..J :) C W J: o tJ) - .. ... .. .. .. - .. .. - .. .. .. ... - .. - .. .. - -q!l!mgron REPORT - PLANNING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Tuesday, April 22, 2003 - Report #: PSD-041-03 File #: A2003/005, A2003/006, By-law #: A2003/007 and A2003/008 .. Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 10, 2003 - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-041-03 be received; - 2. THAT Council concurs with decisions of the Committee of Adjustment made on April 1 0, 2003 for applications A2003/006, A2003/007 and A 2003/008 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and - 3. THAT the decision of the Committee of Adjustment approving application A2003/005 be APPEALED to the Ontario Municipal Board and that Staff be authorized to appear before the Ontario Municipal Board to defend this position. - - - SUbmitte~b. a fiL--. avid J. Crbme, M.C.I.P., R.P.P. Director of Planning Services U~Rt~ Reviewed by: 'v . ~ Franklin Wu, Chief Administrative Officer - AR*DJC*SN _ April 15, 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 ~. 620 - REPORT NO.: PSD-041-03 PAGE 2 1.0 APPLICATION DETAILS 1.0 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 NO.1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR APRIL 10, 2003 Application Number Staff Recommendation Decision of Committee A2003/005 Approve in Part Approved in Full A2003/006 Approve Approved A2003/007 Approve Approved A2003/008 Deny Denied 1.2 Application A2003/005 was an application to recognize the length of an existing parking space at 4.66 metres instead of the required 5.7 metres. This situation arose because the townhouse dwellings were constructed closer to the road allowance than permitted, creating a shorter driveway as a result. The dwellings received a minor variance for front yard setback at the March 20th, 2003 meeting. The issue of the length of the parking space was tabled to allow Staff to review revised measurements. Staff recommended that the minor variance be approved for a reduction to 5.69 metres from the required 5.7 metres for the interior unit - 23 Birchfield Drive (See Attachment 2), but that the request for the minor variance to 4.66 metres for the end unit - 33 Birchfield Drive be denied. Staff questioned the appropriateness of the minor variance and its necessity because the driveway could be widened into the side yard and the by-law met. Furthermore, it was noted due to the deficiency in the length of the parking space a vehicle, although it may not project over the sidewalk, would be located within the Municipality's road allowance. This raises safety and liability issues for the Municipality if an accident were to happen. Committee, in reviewing the application, did not concur with Staff and approved the application as requested. 621 - - .. .. - - .. .. - .. .. .. .. .. .. till .. .. .. - REPORT NO.: PSD-041-o3 PAGE 3 - - In consideration of the Committee's decision, staff respectfully request that the application to approve the existing parking space length of 4.66 metres for 33 Birchfield Drive be appealed to the Ontario Municipal Board. Planning Services and Engineering Services staff would appear before the Ontario Municipal Board to defend this position. - - 1.3 Application A2003/006 was to allow the construction of a shed and rear deck with a lot coverage percentage of 43% instead of the permitted maximum of 40% and was approved. The raised bungalow style of dwelling occupied a large building footprint, necessitating the minor variance. - - 1.4 Application A2003/007 was for a minor variance to recognize an existing lot in Burketon with a lot area of 0.74 ha (1.84 ac) instead of the required 0.8 ha (1.97 ac). - - 1.5 Application A2003/008 was a minor variance to recognize existing accessory buildings that increase the total lot coverage for accessory buildings from the permitted maximum 40% to 52.5% of the existing dwelling's total floor area. The two existing accessory buildings under consideration were a detached garage (75 m2 in area) and a cabana/gazebo structure (currently measuring 148 m2 but proposed to be reduced in size to 83 m2 in area). - - - - The owner applied to Committee of Adjustment in October 2001 for a minor variance to recognize existing accessory structures with lot coverage for accessory structures of 75% of the floor area of the dwelling. Committee denied the minor variance and the owner appealed the application to the Ontario Municipal Board. In July 2002, the Board dismissed the appeal for the minor variance citing that the requested increase was not minor in nature. - ... - Committee concurred with Staffs recommendation that the structure, although reduced in size, was not minor and thus could not be addressed through a minor variance. The application was denied. - - 1.6 Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval, with the exception of A2003/005, are in conformity with the Official Plan policies, consistent with the. intent of the Zoning By-law and are minor in nature - 622 - REPORT NO.: PSO-041-03 PAGE 4 - and desirable. Council's concurrence with the Committee of Adjustment decisions is required in order to afford Staffs official status before the Ontario Municipal Board in the - event of an appeal of any decision of the Committee of Adjustment. .. ONTARIO MUNICIPAL BOARD HEARING - A2002/066 On November 21, 2002, Committee of Adjustment allowed a minor variance requested by Mr. Daren Gibney to recognize an existing shed and backyard deck. The minor variance permitted the existing shed with a rear yard setback of 0.29 metres and a side yard setback of 0.25 metres instead of the required 1.2 metres and an existing deck with a rear yard setback of 3.98 metres instead of the required 6 metres. A neighbour, Mr. Scott Jones, appealed the decision of the Committee of Adjustment to the Ontario Municipal Board. .. .. .. .. The Board heard the appeal on March 13, 2003 and on April 1, 2003, issuing a written decision dismissing the appeal as the requested variance meets the four tests of Section 45(1) of the Planning Act and represents good planning. The decision is attached. .. .. .. .. Attach ments: Attachment 1 - Periodic Report of the Committee of Adjustment .. Attachment 2 - Key map for A2003/005 .. Attachment 3 - Memorandum of Oral Decision Delivered by D.J. Culham on March 13, 2003 and Order of the Board - .. Interested parties to be notified of Council's decision: H. F. Grander H. F. Grander Co. Ltd. P.O. Box 616 Port Perry, Ontario L9L 1 A6 Raymond D. Holland Walter Schleiss c/o 1277 Wilson Road N Oshawa, Ontario L 1 K 2B8 623 .. .. .. ATTACHMEINT 1 .. - Cl~n - - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - .. APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: H. F. GRANDER CO. LTD. HOLLAND, RAYMOND 9,11,13,15,17,19,21,23,25,27,29,31 & 33 Birchfield Dr PART LOT 34, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON A2003/005 - - PURPOSE: - TO RECOGNIZE THE LENGTH OF AN EXISTING PARKING SPACE OF 4.66 METRES INSTEAD OF THE REQUIRED 5.7 METRES .. DECISION OF COMMITTEE: - THAT THE APPLICATION TO RECOGNIZE AN EXISTING PARKING SPACE LENGTH OF 4.66 METRES FOR 33 BIRCHFIELD DR. AND OF 5.69 METRES FOR 23 BIRCHFIELD DR. INSTEAD OF THE REQUIRED 5.7 METRES BE APPROVED AS REQUESTED AS IT MEETS THE OFFICIAL PLAN - AND INTENT OF THE ZONING BY-LAW, IS MINOR IN NATURE AND DOES NOT HAVE A DETRIMENTAL IMPACT ON THE NEIGHBOURHOOD. - DATE OF DECISION: April 10, 2003 .. LAST DAY OF APPEAL: April 30, 2003 - - - .. 624 - .. ~n ... .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. FILE NO.: PRICE, MARK PRICE, MARK 14 LAURELWOOD ST." BOWMANVILLE PART LOT 12, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/006 ... APPLICANT: OWNER: PROPERTY LOCATION: .. .. PURPOSE: TO ALLOW THE CONTRUCTION OF A SHED AND DECK WITH A LOT COVERAGE OF 43% INSTEAD OF THE PERMITTED MAXIMUM OF 40%. .. ... ... DECISION OF COMMITTEE: THAT THE APPLICATION AS SUBMITTED BE APPROVED AS IT IS CONSIDERED TO ... BE MINOR IN NATURE AND WOULD NOT HAVE A DETRIMENTAL IMPACT ON THE NE/GHBOURHOOD AND MEETS THE OFFICIAL PLAN AND INTENT OF THE ZONING BY-LAW. .. - DATE OF DECISION: April 10, 2003 LAST DAY OF APPEAL: April 30, 2003 ... .. .. ... III 625 .. - - CI~n - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: Fowler, Michael, L. GEBHARDT, DAVID 6 TANGLEWOOD CT." BURKETON PART LOT 20, CONCESSION 10 FORMER TOWN(SHIP) OF DARLINGTON A2003/007 - - PURPOSE: TO RECOGNIZE AN EXISTING LOT WITH A LOT AREA OF 0.74 HA (1.84 AC) INSTEAD OF THE REQUIRED 0.8 HA (1.97 AC) - ... - DECISION OF COMMITTEE: ... THAT THE APPLICATION TO RECOGNIZE AN EXISTING LOT WITH A LOT AREA OF 0.74 HA (1.84 AC) INSTEAD OF THE REQUIRED 0.8 HA (1.97 AC) BE APPROVED AS IT MEETS THE 4 TESTS OF THE PLANNING ACT. .. - - DATE OF DECISION: April 10, 2003 LAST DAY OF APPEAL: April 30, 2003 - - - - 626 - - CI!J!pn - - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: STRIKE, SALMERS & FURLONG EWINGTON, PENNY 4659 LAKESHORE RD." CLARKE PART LOT 5, CONCESSION BF FORMER TOWN(SHIP) OF CLARKE A2003/008 .. - PURPOSE: TO RECOGNIZE EXISTING ACCESSORY BUILDINGS THAT INCREASE THE TOTAL LOT COVERAGE FOR ACCESSORY BUILDINGS FROM THE PERMITTED MAXIMUM - 40% TO 52.5% OF THE EXISTING DWELLING'S TOTAL FLOOR AREA. ... .. .. DECISION OF COMMITTEE: THAT THE APPLICATION BE DENIED TO RECOGNIZE THE LOT COVERAGE FOR THE .. ACCESSORY BUILDINGS IN EXCESS OF WHAT THE BY-LAW PERMITS AS IT IS NOT MINOR. - - DATE OF DECISION: April 10, 2003 LAST DAY OF APPEAL: April 30, 2003 - - .. .. .. 621 .. ATTACHMEINT 2 - - / / ~; / A (4,{t - ~ 'v /~ / / ~ - "- <--;. ()>:; - '\'V (),,*- ~ ~. ~\ ~'v~ / / / / / / /OQ " - I-... () '-J - 0. A J\I lOM BL OOr / Ie? / " @ , s~, i / @ / ./~ I @ / '~ I / / ! @ / ~""'. / I / / : @! I / /81 - - - - - - a/lie 'If /:'/~ ---l.lJ lJli/v~ - - Courtice Key Map - ~ A2003/005 Minor Variance Adjustment 21,23,25,27,29,31 and 33 Birchfield Drive, Courtice - - - J - 628 ATTACHMEINT 3 p(cIEnWJE~ APR 2 - 2003 I L021168 MUNICIPALITY OF CLARINGTON PLANNING DEPARTMENT - !ti Ontario Ontario Municipal Board Commission des affaires municipales de l'Ontario Scott Jones appealed to the Ontario Municipal Board under subsection 45(12) of the Planning Act, R.S.O. 1990, c.P.13, as amended, from a decision of the Committee of Adjustment of the Municipality of Clarington, which granted an application by Daren Gibney numbered A-2002/066 for variance from the provisions of By-law 84-63, as amended, relspecting 30 Poolton Crescent O.M.B. File No. V020615 Apr. 1,2003 DECISION/ORDER NO: .. ISSUE DATE: 0426 .. .. .. APPEARANCES: .. Parties Counsel*/AQent Daren Gibney .. Scott Jones - MEMORANDUM OF ORAL DECISION DELIVERED BY D. J. CULHAM ON MARCH 13, 2003 AND ORDER OF THE BOARD .. Scott Jones, the resident at 120 Buyson Crescent in Clarington, filed a complaint about his neighbour Daren Gibney's backyard shed at: 30 Poolton Crescent. On receiving the enforcement notice, Mr. Gibney applied for a minor variance for both the shed and a backyard deck. The required variance for the deck became known at the time of the site inspection. Mr. Jones appealed to the Board the decision of the Committee of Adjustment approving Mr. Gibney's applications. - .. .. The property is located within a neighbourhood subdivision south of Highway 2 and west of Concession 2 in the former Township of Clarington, now the Municipality of Clarington. Mr. Jones is the neighbour to the rear of the Gibney's lot. .. The requested variances are as follows: .. 1 . Permission to retain an existing rear yard shed with a rear set back of 0.29 metres (1 ft.) and a side yard set back of 0.25 metres (0.8 ft) whereas By-law 84-63 requires 1.2 metres (3.9 ft); ... .. 2. Permission to retain a rear yard deck with a rear setback of 3.98 metres (13.6 ft) whereas By-law 84-63 requires 6.0 metres (19.7 ft). .. This is a new hearing on the matter. Mr. Jones testified in support of his appeal. Mr. Gibney testified in support of his application. Mr. Gibney submitted the Planning .. 629 .. - - - 2 - PL0211 68 Staff recommendations to the Committee of Adjustment as an Exhibit. Mr. Jones - submitted a number of photographs. - - - - - .. - .. - - .. - - - - .. Mr. Jones' testimony reveals that the problem began in 1991 over the construction of the rear yard fence. Mr. Jones felt insulted on not being fully consulted prior to the completion of the fence, though he admitted that he had not volunteered his preference. The completed fence did not have an upper latticework but instead this portion was built of solid cedar. Mr. Jones refused to pay his share of the material costs because no discussion had occurred with respect to this upper portion. Mr. Gibney had earlier informed him of his intention to build a rear 2-metre fence of cedar, and he did not thinking that the texture of the upper portion was an issue. Mr. Gibney is a carpenter. The Parties informed the Board that Mr. Gibney built the rear yard shed sometime in 1998 or 1999 and not in 1996, which appeared on the application in regard to the existing shed. No one complained. Mr. Jones testified that he became concerned about Mr. Gibney's activities in 2002. He strongly objected to Mr.. Gibney doing carpentry work within his garage and storing supplies behind the shed. Photographs revealed some materials but none of the materials are visible from Mr. Jones backyard, or indeed, from Mr. Gibney's backyard. Not visible in the photographs, are the ladders that Mr. Gibney volunteered are placed behind the shed from time to time. No one else complained of Mr. Gibney's activity. The front door of the garage is not visible from Mr. Jones' backyard or the rear of his home. Mr. Jones agreed that the design and construction of the shed is of good quality but he wanted it moved. In his testimony, Mr. Jones did not reveal any physical impacts upon his property or the enjoyment of his backyard. He thought that moving the shed would reduce even further the minimal visual impact from his backyard. Yet he conceded that the height of the existing shed is 2 metres less than the By-law permits as pointed out by the Planning staff report. The visual impact, which is then permitted by the Zoning By-law, would be potentially greater if the shed, moved to a compliance distance, is constructed to the permitted height. The Board assesses the potential improvement to be insignificant. 63. n .' v .. - 3- PL021168 .. After reviewing all the testimony and the documents placed in evidence, the Board makes the following findings. .. 1. There is no issue of appropriate regard for the Provincial Policy Statement. ... .. 2. The Board finds, based upon the testimony and the Staff Report dated November 6, 2002, that the requested variance maintains the general intent of the Official Plan and the Zoning By-law. .. ... 3. In regard to whether the variance is minor, the Board finds that it is. There are no negative or adverse impacts to this development as a result of these variances. ... 4. As to whether, the shed and deck, which result from the variances, is desirable and appropriate for this lot in this neighbourhood, the Board finds that they are. Both are of pleasing design, materials and construction within an abundance of backyard floral plantings. - .. In conclusion the Board finds that the requested variances meets the 4 tests of Section 45(1) of Planning Act and represent good planning. .. .. As a result, the Board dismisses the appeal by Scott .Jones under Section 45(12) of the Planning Act and authorizes the requested variances. - The Board so orders. - .. "D. J. Culham" .. D.J. CULHAM MEMBER .. .. 631 .. - - C!.![.pn REPORT PLANNING SERVICES - - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, April 22, 2003 - Report #: PSD-043-03 File #: PLN 17.8.11 By-law #: - Subject: OAK RIDGES MORAINE CONSERVATION PLAN CONFORMITY AMENDMENT STATUS REPORT - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-043-03 be received for information. - 2. THAT the Regional Municipality of Durham Planning Department, Central Lake Ontario Conservation Authority and Ganaraska Region Conservation Authority be forwarded a copy of the report and advised of Council's decision. - 3. THAT all interested parties be advised of Council's decision. - Submitted by: Reviewed by: 0 ~ ~\. Franklin Wu Chief Administrative Officer - - - CP*DJC*df 15 April 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 632 - REPORT NO.: PSD-043-03 PAGE 2 1.0 BACKGROUND 1.1 The Province, in recognizing the Oak Ridges Moraine's significant environmental, geological and hydrogeological features, passed the Oak Ridges Moraine Conservation Act. This legislation provides for the establishment of the Oak Ridges Moraine Conservation Plan (ORMCP). On April 22, 2002, Ontario Regulation 140/02 being the ORMCP was passed, retroactive to November 16th, 2001. 1.2 The ORMCP establishes the policy framework for protecting the moraine. All municipal official plans and zoning by-laws are required to conform to the ORMCP. The Province has legislated the timeframe by which the conformity exercise shall be complete. All upper-tier municipalities shall adopt their official plan amendments by April 22, 2003. All lower-tier municipalities shall adopt their conformity amendments, to both the Official Plan and Zoning By-law, by October 22, 2003. A report containing comments on the proposed Region of Durham official plan amendment was considered by Council on March 31,2003. 1.3 The purpose of the Official Plan Amendment and the Zoning By-law Amendment is to integrate the content of the Oak Ridges Moraine Conservation Plan into Clarington's planning documents, ensuring planning decisions comply with the ORMCP. In accordance with the legislation, the Official Plan Amendment and Zoning By-law Amendment are to be approved by the Minister. The Minister's decision is final and cannot be appealed to the OMB if the amendments are approved within the specified timeframe. 2.0 APPROACH 2.1 The preparation of the required Official Plan Amendment and Zoning By-law Amendments is a significant undertaking. Although all the local municipalities within Durham Region, impacted by the ORMCP, have elected to retain a consultant to assist them in the preparation of these two documents. Planning 633 - .. ... .. .. .. ... .. .. ... ... .. - ... ... .. .. .. .. .. - - - - - - .. - .. - .. REPORT NO.: PSD-043-03 PAGE 3 Staff have reviewed this issue carefully, and have decided to undertake the task in-house. 2.2 Staff have carefully reviewed the provincially legislated document to understand its implications. Rather than prepare a stand-alone, Secondary Plan document for the ORM, an approach adopted by other local area municipalities, staff prefer to incorporate the required policies within the existing structure of the Clarington Official Plan. In consideration of existing policies and format, staff believe this will provide a more user-friendly document for the public, Council and staff. However, the implementing zoning amendment will be a stand-alone document, specific to the area of the ORM. In reality, it will be the first step towards implementation of the New Zoning By-law. The required Zoning By-law for the ORM will follow the format used for the draft Zoning By-law for the Urban Areas. This approach will provide greater ease of transition to a new Zoning By-law in the future. 2.3 A parallel Official Plan Amendment is required for the lands currently designated Oak Ridges Moraine in the Clarington Official Plan, but not included in the Province's elevation-based boundary (245 m contour). 2.4 Public consultation for the ORM Conformity Amendments will consist of the following: .. · Municipal Web Site Material on the ORMCP and the Municipal Conformity Amendment will be .. posted on the web site. This will include a frequently asked questions section. .. .. - - .. · Public Open Houses Two public open houses will be held in June in separate locations, on separate nights, to advise residents of the ORMCP and the Municipality's conformity process. · Statutory Public Meeting 634 REPORT NO.: PsD-043-03 PAGE 4 .. Prior to adoption, a statutory public meeting will be held on both the official plan and zoning by-law amendment. Given the anticipated level of interest, this will likely be a special meeting of General Purpose and Administration Committee. ... ... ... Given the large geographic area affected by the conformity amendments, 17,665 ha, as well as lands which will deleted from the Oak Ridges Moraine designation in the Clarington Official Plan, 3650 ha, staff expect significant level of interest from land owners. .... ... ... 3.0 TIMING 3.1 The Province has set the timeframe legislating that lower-tier municipalities shall submit their amendments to the Ministry of Municipal Affairs no later than October 22, 2003. If the amendments are not submitted by this date, the Municipality forfeits the Minister's ability to make a final decision, leaving the proposed conformity amendments open to possible appeal to the OMS. The timeframe established to complete the conformity exercise is very aggressive, especially in consideration of the existing staff workload and the work remaining to complete the conformity exercise. Staff will work diligently to meet the schedule although there are concerns about meeting the target date and dealing with the expected issues from the public. ... ... ... ... ... .. 4.0 CONCLUSION 4.1 Staff have been working hard to meet the legislated time frame for conformity with the ORMCP. In consideration of summer recess and other staff commitments, this remains a large undertaking with a limited time frame. Staff expect high level of interest from the many landowners within the area of the ORM, on the two documents that will have a large impact on future use of land within the moraine in Clarington. Staff will advise Council members when the draft documents are released and when Open Houses and Public Meetings will be scheduled. .. ... .... .... ... 635 .. - REPORT NO.: PSD-043-03 PAGE 5 .. .. Interested parties to be notified of Council's decision: .. Alex Georgieff Commissioner of Planning Region of Durham Planning Department 1615 Dundas Street East Lang Tower, West Building 4th Floor, Whitby Mall Whitby, ON L 1 N 6A3 - - - SAGA (Save the Ganaraska Again) c/o Ms. Katherine Guselle 45 Connaught Street Oshawa, ON L 1G 2H1 - Linda Gasser 7421 Best Road P.O. Box 399 Orono, ON LOB 1 MO - - .. - - - .. .. - - - Libby Racansky 3200 Hancock Road Courtice, ON L 1 E 2M1 Sandy Cook and Ted Kilpatrick 8733 Leskard Road Orono, ON LOB 1 MO Irv Harrell 1414 Harmony Road North Oshawa, ON L 1 H 7K5 Kerry Meydam 3838 Trulls Road Courtice, ON L 1 E 2L3 636 ... ... ... .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. ... - ClJlrJl1gton REPORT PLANNING SERVICES - - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, April 22, 2003 - Report #: PSD-044-03 File #: ZBA 2003-012 By-law #: - Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC.- BAYWOOD HOMES - _ RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee - recommend to Council the following: 1. THAT Report PSD-044-03 be received; - 2. THAT the request for Removal of Part Lot Control with respect to Block 113 on Plan 40M-2066 be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50(7.1) of the Planning Act; and - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - Submitted by: ~" /\ - f) t" I \7 Reviewed by:LJ~~~~(..'l Franklin Wu Chief Administrative Officer - ... L T/DJC/df 10 April 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - - 631 REPORT NO.: PSD-044-03 PAGE 2 .... 1.0 APPLICATION DETAILS .. 1.1 Applicant: Orchard Park Estates (Bowmanville) Inc. (Baywood Homes) IIIIlI 1.2 Location: Part Lot 10, Concession 2, former Town of Bowmanville (Attachment 1) III 2.0 BACKGROUND 2.1 On April 8, 2003, Staff received a request from Orchard Park Estates (Bowmanville) Inc. (Baywood Homes) for the removal of Part Lot Control with respect to Block 113, Plan 40M-2066 (Attachment 2). III ... IIIIlI 2.2 Draft Plan of Subdivision 18T-87057 received approval for forty-five (45) detached, sixty-six (66) semi-detached and forty-five (45) townhouse dwelling .. units. Registration of the draft plan was completed October 23, 2001 under Plan 40M-2066. ... An application for the Removal of Part Lot Control for the sixty-six (66) semi- .. detached and forty-five (45) townhouse dwelling units was approved by Council February 25, 2002. .. 2.3 The necessity of the current application is to permit the removal of Part Lot .. Control over Block 113 on Plan 40M-2066 to facilitate the completion of a purchase and sale agreement for the semi-detached dwelling unit as .. co nstru cted. .. The ability to construct a semi-detached dwelling unit on Block 113 resulted from Council's approval of the rezoning application for Blocks 113 to 129 (Attachment 1) in May 2002. .. .. 2.4 Blocks 113 to 129 were originally zoned Environmental Protection (EP) to accommodate an overland flow channel. Through the development process for III .. 638 .. - REPORT NO.: PSO-044-03 PAGE 3 .. the Draft Plan of Subdivision, engineering alternatives were developed that eliminated the necessity of the overland flow channel, allowing the lands to be incorporated with the surrounding residential lots. Ownership of Blocks 114 to 129 were transferred to the abutting lots within Plan 40M-2066. With the transfer of each block completed, Block 113 could then be developed for residential purposes. - - - - 3.0 COMMENTS 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 3) to exempt the subject lands from Section 50(5) of the Planning Act. .. - - In accordance with the procedures established in the delegation of these powers, Planning Staff will forward to the Regional Planning Department the "Unit Type and Number Summary Table" (Attachment 3) along with a copy of the Part Lot Control By-law. - 3.3 The Planning Act leaves it to the Municipality to determine an appropriate - timeframe during which the by-law shall apply. Staff recommends that the by-law be in force for a one (1) year period following Council approval, ending April 28, .. 2004. - 4.0 RECOMMENDATIONS 4.1 It is recommended that Council approve this application and adopt the attached - Part Lot Control By-law for Block 113 Plan 40M-2066. .. - - - - 639 REPORT NO.: PSO-044-03 PAGE 4 ... ... Attachments: Attachment 1 - Lots Affected by Part Lot Control Removal Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table IIIIlI .. Interested parties to be notified of Council's decision: Carlos Coelho, Project Coordinator Baywood Homes, 1140 Sheppard Avenue West Bowmanville Development Ltd. 1029 McNicoll Avenue Scarborough, ON M1W 3W6 Unit #12 Toronto, ON M3K 2A2 .... .... ... .. ." ... ... .... .. - - .. .. ... 640 .. - - ATTACHMEHT 1 SCOTTSDALE DRIVE * N ~ N71'46'40"E - / 30. boo - 0 0 co PLAN r--. - 26619 0 - 0 0 cO - t- o W 0 co W - r...: 0:::: ) ~ t- Ul - '\~ 0 CJ 0 # o. - c::i I"'") # - /' ~Ul ~ o:t- ~ D - X) W ...... 0 0 0 3:. 3: I") Z ~ .0 .0 .. I") N - N n 5 01") ~ ~ Co Ul Co ~ '7 "7 - - - - - - ~15.000 18.000 18.000 18.000 15.000 oj 30.000 R=5.000 ~ R=5.000 7.854 7.854 ~ Un 83: ~ f- 0 a o 59 3:0 0-- a 0 0 0 60 N o . 0 --.J -- ~~71 N 0 72 0 0:::: L() n L() oL() L() L() r...: N NN I") N r...: ~ ~ CD I") ....- N Co I") I") Co n N ~ ....- 0 z z N71' 48' 40"E U 20.000 18.000 18. 00 18.000 20.000 3: .0 38.000 BLOCK BLOCK 38.000 N 5 ..,.,.., 0 0 114 129 0 0 ....- 0 0 61 0 0 73 0 Co 0 0 0 0 ....- --.J cO cO cO z ~ ~ BLOCK BLOCK ....- cO 0:::: ....- N71' 115 128 46' 40"E <( 38.000 BLOCK BLOCK 38.000 CO 0 116 127 0 N 0 0 I") 0 62 . 0 o. 74 L() en cO 1")0 01") r--. u-> ""-cO cO""- 0 ~ BLOCK BLOCK ....- ....- ....- N N71' 117 126 46' 40"E L- 20.000 38.000 37.857 & BLOCK BLOCK lr)' 0 0 118 125 0 r--- _ 0 63 0 0 75 fV II 0 0 0 '< cO cO cO "'....... ....- ....- BLOCK BLOCK ....- Co' ~ ~ /a 119 124 ........ i:5'6'Sa{SO A N71' 46' 40"E ....... 38.000 29.844 v" " BLOCK BLOCK 4- ~. 0 64 0 120 123 0 0 . 0 76 ~~ 0 ~~ 0 0 0 co 0 zco BLOCK BLOCK cO .~ ....- L() ~ u-> N71' 121 122 ""-46' 40"E U' I 38.000 39.494 R=18.251 ~ 56.000 14.659 -1 0 38.000 o. L()CO N71.46' 40"E !:2 U->Z n ....- ZBA 2003-012 Part Lot Control Block 113, Plan 40M-2066 (Part 1 and 2, 40R-21534) Orchard Park Estates ~. fl41 ATIACHMENT 2 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- ... , being a By-law to exempt a certain portion of Registered Plan 40M-2066 from Part Lot Control .. .. WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 113, on Plan 40M-2066, registered at the Land Title Division of Whitby; ... NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: ... 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in paragraph 2 within the By-law. ... 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands. .. .. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of five (5) years ending on April 28th, 2004. ... ... BY-LAW read a first time this ... day of 2003 BY-LAW read a second time this day of 2003 ... BY-LAW read a third time and finally passed this day of 2003 .. ... John Mutton, Mayor .. .. Patti L. Barrie, Municipal Clerk . ,. 642 .. - ATTACHMENT 3 - - .. - Registered Plan #: 40M-2066 By-law: - Result of Part Lot Control Exemption on Unit Type and Number .. Lots/Blocks Affected Unit Type and Number - Block 113 Links - 2 an increase of 2 units - - - - - - - - - - - 643 .. .. ... .. ... ... IIIlIi IIIlIII IIIlIi .. ... .. ... .. ... .. IIIIIIi .. .. - - Clwillgton REPORT PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Tuesday, April 22, 2003 Report #: PSD-047-03 File #: ZBA 2003-007 By-law #: - Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: G. GENGE OF D.G. BIDDLE & ASSOCIATES LTD. FOR P. L1TOWITZ OF 1319164 ONTARIO LTD. - - RECOMMENDATIONS: _ It is recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-047-03 be received; - 2. THAT the application submitted by 1319164 Ontario Limited to remove the "Holding (H)" symbol be APPROVED; 3. THAT the attached by-law to remove the "Holding (H)" symbol be passed and a copy forwarded to the Regional Municipality of Durham; and .. 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: ""-. Reviewedbd~~ Franklin Wu Chief Administrative Officer ... - Da Id . rome, M.C.I.P.,R.P.P. Director, Planning Services - EC/L T/DC/df 10 April 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - - 644 REPORT NO.: PSD-047 -03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1319164 Ontario Limited 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Urban Residential Exception ((H) R1-43) Zone", "Holding-Urban Residential Exception ((H) R2-15) Zone" and "Holding-Urban Residential Exception ((H) R3-18) Zone" to "Urban Residential Exception (R1- 43) Zone", "Urban Residential Exception (R2-15) Zone" and "Urban Residential Exception (R3-18) Zone". 1.3 Location: Part Lot 27, Concession 1, former Township of Clarke, east of Beaver Street, north of Edward Street East, west of Brookhouse Drive and south of King Avenue East, Newcastle Village (Attachment 1). 2.0 BACKGROUND 2.1 On March 11, 2003, Staff received a request from G. Genge of D.G. Biddle & Associates Ltd. on behalf of P. Litowitz of 1319164 Ontario Ltd. to remove the "Holding (H)" provision from lots on a draft approved residential plan of subdivision 18T-88061. Attachment 1 shows the location of the lots currently having the Holding symbol (H). 3.0 STAFF COMMENTS 3.1 The subject property is presently zone "Holding-Urban Residential Exception ((H)R1-43) Zone", "Holding-Urban Residential Exception ((H) R2-15) Zone", and "Holding-Urban Residential Exception ((H) R3-18) Zone". The provisions of the Zoning By-law allow for the removal of the "Holding (H)" symbol, by By-law, upon Council being satisfied that the uses to be permitted will be adequately serviced, have appropriate access, and will be used for the purposes intended by the By- law. 645 ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... .. .. .. .. .. REPORT NO.: PSD-047 -03 PAGE 3 - 3.2 A by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application, and - accordingly, shall be deemed final and binding should Council grant approval of same. - - 3.3 The applicant has entered into a subdivision agreement with the Municipality for the development of draft plan of subdivision 18T-88061. This agreement covers the Municipality's financial interest, including the payment of development charges. - - 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. - - - Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding (H) - Interested parties to be notified of Council's decision: - G. Genge D.G. Biddle & Associates Ltd. 96 King Street East Oshawa, ON L 1 H 186 - ... .. - - - 646 - ATTACHMEf\H 1 ... 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III ... ... ... .. ... ... .. .. .. .. - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 2003-__ - 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, in order to implement zoning by-law amendment 2003-007; - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Exception ((H) R1-43) Zone", "Holding-Urban Residential Exception ((H) R2-15) Zone" and "Holding-Urban Residential Exception ((H) R3-18) Zone" to "Urban Residential Exception (R1-43) Zone", "Urban Residential Exception (R2-15) Zone" and "Urban Residential Exception (R3-18) Zone". - ... ..- 2. 3. .. Schedule "A" attached hereto shall form part of this By-law. 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. - - day of BY-LAW read a first time this 2003 - BY-LAW read a second time this 2003 day of BY-LAW read a third time and finally passed this day of 2003 - ... John Mutton, Mayor - Patti L. Barrie, Municipal Clerk ... - 648 ATTACHMENT 2 .- This is Schedule "A" to By-law 2003- passed this day of , 2003 A_D. , - .. THE: KING'S HIGHVA't NO. .. -, ~ - [lUSTING CllMIOC..... - -. ~ - .- ... .... ... . aJDl AVDU: - IIIIlI ... I ~ ~ fZZ) ~ ~ -~.~I --- I ~ I ..I ~ I...~ ., 1.1 '" I N! ... I Ii I' \ \ ~ I i I ;;: I r.d tll .. Zoning Change From I(H)R1-43" to "R1-43" Zoning Change From "(H)R2-15" to IR2-15" Zoning Change From I(H)R3-18" to "R3-18" Zoning to Remain I(H)C1-27" - John Mutton, Moyor Potti L. Barrie, Municipal Clerk .. ~E][JJ ]D~ z i EST EAS ~~w IlrfEST\ M W U~iUIJ~ .1f[Si1 M '" In ~Lgj ~ ES EAS III :RT. :I: 08 T S ~~ 5lr ~u .. .. ,'" ,0 )~ S;Xl W ? % ~ .. ...... ( [ ~~G~ ~ ~ ~ ~ Y\ ~ ~ ~18 .. F"REEWAY -gw o w ~ '" -< t": ... Newcastle Village J ... h49 .. ... - CI!Jlmgron REPORT ... ENGINEERING SERVICES .. Meeting: - Date: Report #: - Subject: ... GENERAL PURPOSE AND ADMINISTRATION COMMITTEE APRIL 22, 2003 EGD-06-03 File #: D.02.35.023 By-law #: BARRON COURT SUBDIVISION, cOURTlcE, PLAN 40M-1982, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS ... RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-06-03 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1982; and - .. 3. THAT Council approve the by-law attached to Report EGD-06-03" assuming a certain street within Plan 40M-1982, as public highway. . - .. ~! /] / / , , r--'\ ~r y , . . .:t11L,J:~ <---_-'~~-- r__(~'__.:'2", Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer .. NAC* ASC*ce - April 1,2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 - 701 REPORT NO.: EGD-06-03 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered January 18, 2000, with 1317870 Ontario Limited to develop lands by plan of subdivision, located in Courtice and described as Plan 40M-1982 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Street Liqhtinq System; c) Final Works; and d) Stormwater Manaqement System 1.3 The Initial Works and Street Liqhtinq System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 There are no Stormwater Manaqement System Works associated with this project. 1.5 The Final Works were issued a 'Certificate of Completion' dated January 27, 2002. This initiated a one (1) year maintenance period, which expired on January 27,2003. The Works have been re-inspected and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. ... ... ... IIlIIi ... ... .. ..I .. ... ... ... 't .. ... .J. .. 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate ... of Acceptance' for the Final Works. 702 IIIIli ... ... REPORT NO.: EGO-06-03 PAGE 3 - - 1.7 Further to the issuance of a 'Certificate of Acceptance', a by-law is required to permit the Municipality to assume a certain street within Plan 40M-1982, as public highway (Attachment 2). - Attachments: - Attachment 1 - Key Map Attachment 2 - Proposed By-law .. ... - - - .. ... - - - ... - - 703 .. ------r---.. .. ---- \ '---- '------'--- ---'-------.'--- ... /~-------., , ~ ------ -------- ~ '\. r--- ... \ ""'" Kingsway Gate / .. "0 C'O o 0:: Q) .5 C ~ I ~~t:=t:: I ') l Barron Court \ ,~ \ .. ... I .~ ... ... ~ // BARRON COURT SUBDIVISION PLAN 40M-1982 - c: ;:] J:: X o LL .. ... /' '--J.. /fl' 1/19sl/: leWe OUrt ... i" \~h ~I Highway NO.2 fr ~ COURT/~ 0 ~ ~ ~JjDD ~ (~~: OQ\jOu]~i~D ~ / ff ~ ~Jh 0~TI~ SUBJECT ~ffiB JQj CltJt:U~~ SITE nlO EJ~ CJ D[~J ~ Qv ~ =' (, u a::=L ~r~ r:;J i DRAWN BY' EL OATE, APR 3,2003 I ~ l~W:! 8 REPORT EGD-06-03 ~ KEY MAP I ATTACHMENT NO.1 ------- ..IIi - J -@- I .. .. iii .. 7n4 ... - ATTACHMENT NO.: 2 REPORT NO.: EGO-06-03 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY -LAW 2003. - Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington. .. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1. THAT the street shown on Plan 40M-1982, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby accepted by the Corporation of the Municipality of Clarington as a public highway, and assumed by the said Corporation for public use: ... Barron Court ... - BY-LAW read a firSt and second time this 28th day of April 2003. BY-LAW read a third time and finally passed this 28111 day of April 2003. ... - John Mutton, Mayor .. Patti L. Barrie, Municipal Clerk - .. .. - - - - 705 .. .. .. .. - .. IIIIlI - .. .. ..... .., .. ... ... ..... .. .. .t .. .. - · CI!J!#Jgron REPORT ... ENGINEERING SERVICES - Meeting: - Date: Report #: ... Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE APRIL 22, 2003 EGD-07-03 File #: B.01.09.005 By-law #: ORR COURT SUBDIVISION, BOWMANVILLE, PLAN 40M-1903, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS .. RECOMMENDATIONS: ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-07-03 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1903; and ... - 3. THAT Council approve the by-laws attached to Report EGD-07-03, assuming certain streets within Plan 40M-1903, and within adjacent Plan 10M-800, as public highways. - - Submitted by: 7 ~'1ui!- Anthony Cannella, C.E.T. Reviewed by: Director of Engineering Services '..... o l<-a JQ_ --€A-~\ Franklin Wu, Chief Administrative Officer - - NAC*ASC*ce - April 4, 2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 706 REPORT NO.: EGO-07 -03 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered November 6, 1997, with Schickedanz Bros. Limited to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-1903 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Street LiQhtinQ System; c) Final Works; and d) Stormwater ManaQement System 1.3 The Initial Works and Street LiQhtinQ System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 There are no Stormwater ManaQement System works associated with this project. 1.5 The Final Works were issued a 'Certificate of Completion' dated February 19, 2001. This initiated a one (1) year maintenance period, which expired on February 19,2002. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 707 IIIIlI ... ... .. ... ... ... ... ... Will ... ... ... .. ... III ... . ... ... REPORT NO.: EGD-07 -03 PAGE 3 .. - 1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plan 40M-1903 and within adjacent Plan 10M-800, as public highway (Attachments 2, 3 and 4). ... Attachments: ... - Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law Attachment 4 - Proposed By-law ... - - .. - - ... - - - - - - 708 \ \ I -~ / .S! ro (!) ~ "0 c: Q) J: Concession Street Block 1M ~'\. ~ ~ ) ~ ~ orrcou:-@ I ro ~ ~RR COURT ~ SUBDIVISION PLAN 40M-1903 rTn1T 7___ :: DU~bD ylJ =iJ ~OJ~lr ~ri = ODD v= D@obd ~ln~D ~concessi~~ Ell ~~CJDD" ',-' ~R ~~qs~~ ~ jU~ '" \3NA<&J ~ DO ~BJECT ~~O~ ~ SITE DRAWN BY: E.L. ~~aDo ~ BOWMANVILLE REPORT EGD-07-03 ~~po KEY MAP I ATTACHMENT NO.1 Marchwood Gres. ~ (~ 709 Merryfield Ct. /' \ J -@- I DATE: FEB. 6, 2003 f---- I-- I-- I-- "--- ... ... ... .. ... .. .. .. ... ... .. ... .. .. ... .. .. llIiII .. .. ATTACHMENT NO.: 2 REPORT NO.: EGD-07-03 ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2003- .. Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1. THAT the streets and blocks shown on Plan 40M-1903, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: - Orr Court Block 20 Block 18 (street widening) (Trudeau Drive) - - BY-LAW read a first and second time this 28th day of April 2003. BY-LAW read a third time and finally passed this 28th day of April 2003. - ... John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk ... .. - - - - ... 710 ATTACHMENT NO.: 3 REPORT NO.: EGD-07-03 .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2003- .... Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. ... NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: ... 1. THAT the block shown on Plan 10M-800, and listed below in this section, being in the Municipality of Clarington. in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as a public highway: .... Block 82 (0.3 metre reserve) - BY-LAW read a first and second time this 28th day of April 2003. BY-LAW read a third time and finally passed this 28th day of April 2003. ... ... ... John Mutton. Mayor ... ... Patti L. Barrie, Municipal Clerk ... ... - - lIiIi .. lIiIi 71 1 .. - ATTACHMENT NO.: 4 REPORT NO.: EGD-07-03 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- - Being a By-law to assume a certain street within the Municipality of Clarington as a public highway in the Municipality of Clarington. .. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1. THAT the block shown on Plan 10M-800. and listed below in this section, being in the Municipality of Clarington. in the Regional Municipality of Durham, is hereby accepted by the Corporation of the Municipality of Clarington as public highway, and assumed by the said Corporation for public use: - Block 82 (0.3 metre reserve) - BY-LAW read a first and second time this 28th day of April 2003. BY-LAW read a third time and finally passed this 281h day of April 2003. - .. - John Mutton, Mayor - Patti L. Barrie, Municipal Clerk - - - .. - - - 712 - .... ... ... .. .. - ... .. ... .. ... ... ... .. ... ... III ... .. ... .. q~mglOn REPORT .. ENGINEERING SERVICES DEPARTMENT .. Meeting: - Date: Report #: - Subject: .. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Tuesday, April 22, 2003 Resolution #: EGD-14-03 File #: By-law #: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MARCH, 2003. - Recommendations: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-14-03 be received for information. .. - - - - - -, Submitted by: ~1"vJttJ:!- A. S. Cannella, C.E.T. Director of Engineering Services Reviewed bYO~~ Franklin Wu Chief Administrative Officer - - ASC "RP *bb April 15, 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-6506 - 713 REPORT NO.: EGD-14-03 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of March 2003, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF FEB. YEAR TO YEARTO DATE % CHANGE OF 2003 DATE 2003 2002 VALUE YTD 03-02 Permits Issued 81 146 61 VALUE OF CONSTRUCTION Residential $11,842,302 $29,648,030 $17.536,241 69.1% Industrial 0 $50,000 $368,142 -86.4% Government 0 $0 $50,000 N/A Commercial $57,000 $192,111 $25,325 658.6% Institutional $57,000 $322,OOC $957,62C -66.4 % ~gricultural 0 $0 $39,100 NIP Ontario Hydro $100,000 $117,000 $400,000 -70.8% Miscellaneous $2,500 $2,500 $167,OOC -98.5% rrOTAL $12,058,802 $30,331,641 $19,543,428 55.2% The following is a historical comparison of the building permits issued for the month of "MARCH" and "YEAR TO DATE" for a three year period. Historical Data for Month of' MARCH" Historical Data "YEAR TO DATE" $14,000,000 $35,000,000 $12,000,000 2003 I!!] value $30,331,641 $30,000,000 $10,000,000 $25,000,000 $8,000,000 $20,000,000 $6,000,000 $15,000,000 $4,000,000 $10,000,000 $2,000,000 $5,000,000 $0 $0 2002 $19,543,428 2001 $12,885,635 2001 $6,241,286 2003 2002 Elvalue $12,058,802 $12,774,630 714 ... .. .. .. .. .. ... ... .. .. .. IIIIlI .. .. .. .. .. .. REPORT NO.: EGD-14-03 PAGE 3 - The following is a comparison of the types of dwelling units issued for the month of - "MARCH" and "YEAR TO DATE". - 16 Semi- Detached 24% o Townhouse 0% Dwelling Unit Type "YEAR TO DATE 2003" - Dwelling Unit Type "MARCH 2003" - o Apartment 0% o Townhouse 0% 52 Single Detached 76% 106 Semi- Detached 56% \ 83 Single Detached 44% .. - o Single Detached 52 II Semi-Detached 16 B1Townhouse 0 o Apartment 0 o Single Detached 83 . Semi-Detached 106 II Townhouse 0 o Apartment 0 - .. - - - - - - - Attachment #1 - Monthly Building Permit Activity Report Attachment #2 - Historical Comparison of Building Permit - - 71] Municipality of Clarington Building Services - Monthly Activity Report ... March 2003 - 2003 2002 Type of Construction March Year to Date March Year to Date Residential: Single Detached 52 83 44 73 Semi-Detached 16 106 36 40 Townhouse 0 0 8 8 Apartment 0 0 0 1 Other Construction 16 31 9 20 Sub Total 84 220 97 142 Industrial: New Building 0 0 2 3 Addition! Alteration 0 1 1 2 Sub Total 0 1 3 5 Government: New Building 0 0 0 0 Addition! Alteration 0 0 1 1 Sub Total 0 0 1 1 Commercial: New Building 0 0 0 0 Addition! Alteration 2 6 0 1 Sub Total 2 6 0 1 Institutional: New Building 0 0 1 1 Addition! Alteration 1 3 0 1 Sub Total 1 3 1 2 Agricultural: New Building 0 0 0 0 Addition! Alteration 0 0 0 2 Sub Total 0 0 0 2 Ontario Hydro: New Building 0 0 0 0 Addition! Alteration 1 2 0 2 Sub Total 1 2 0 2 HV AC, Plumbing & Miscellaneous: 2 2 7 14 Demolition: 2 4 0 1 TOTALS 92 238 109 170 2003 2002 March Year to Date March Year to Date Residential: $11,842,302 $29,648,030 $11,981,088 $17,536,241 Industrial: 0 $50,000 $268,142 $368,142 Government: 0 0 $50,000 $50,000 Commercial: $57,000 $192,111 0 $25,325 Institutional: $57,000 $322,000 $400,000 $957,620 Agricultural: 0 0 0 $39,100 Ontario Hydro: $100,000 $117,000 0 $400,000 Miscellaneous: $2,500 $2,500 $75,400 $167,000 TOTALS $12,058,802 $30,331,641 $12,774,630 $19,543,428 ... - ... .. ... ... ... ... ... .. .. .. ... .. ... .. 716 .. .. - ... March 2003 2003 2002 PERMIT FEES March $84,218 Year to Date $149,644 Year to Date $212,360 March $99,261 .. 2003 2002 March Year to Date March Year to Date Building Inspections 420 1252 342 903 - Plumbing Inspections 434 1071 337 977 TOTALS 854 2323 679 1880 .. - 2003 2002 March Year to Date March Year to Date Single Detached 52 83 44 73 ... Semi-Detached 16 106 36 40 Townhouse 0 0 8 8 Apartments 0 0 0 1 - TOTALS 68 189 88 122 - - .. - - - - - - - YEAR: 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 AREA (to month) Bowmanville 130 345 312 188 184 313 423 217 229 406 301 Courtice 28 133 129 231 296 254 295 331 170 388 232 Newcastle 15 131 76 110 78 4 5 3 4 6 Wilmot Creek 12 38 24 19 21 33 21 16 16 10 10 Orono 1 1 1 2 3 Darlington 1 . 17 47 102 31 14 20 17 21 11 9 Clarke 1 15 9 17 17 12 20 10 7 8 6 Burketon 1 1 1 1 2 2 1 Enfield 3 Enniskillen 2 5 7 6 3 7 3 1 Hampton 1 1 1 2 1 2 2 1 3 Haydon 1 1 2 Kendal 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 Mitchells Comers Newtonville 3 3 1 2 2 Salina 1 1 1 1 1 Tyrone 9 3 TOTALS 189 701 609 679 640 636 801 601 447 834 572 717 ... .... ... .. .... till .... ... ... ... .. ... .. till .. ... .. .. .. \ l.. \ ... ~ ... ~. .. .. ;, f ... ! .. .. .. ... .. .: i .. L. l.. .. ... .. II. Cl!1!.#lgtnn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: Resolution #: April 22, 2003 Report #: CSD-08-03 File #: By-law #: Subject: Clarington Public Library Building - Lower Level Tenants Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-08-03 be received; 2. THAT Council approve the lower level space of the former Library Building for use by the Clarington Museum Board; and 3. THAT prior to utilizing the lower level space, the Clarington Museum Board demonstrate to Council that use of the space by the Clarington Museum Board will not result in additional municipal funding; and, 4. THAT the appropriate Bylaw be forwarded to Council for their approval; and, 5. THAT the Clarington Museum Board be advised of action taken. Reviewed byn~---~ Franklin Wu Chief Administrative Officer JPC/BRT/SC/jm CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1 00 1 REPORT No. CSD-08-03 Page 2 1.0 BACKGROUND 1.1 The Clarington Public Library will be relocating to their new facility at the Municipal Administration Centre in the spring of 2003. As the existing building at 62 Temperance Street will be vacated at that time, Community Services Department staff has been directed to investigate potential community uses for the lower level of the library building. The Cultural Review 2002, approved by Councfl March 25, 2002, recommended that "the main floor of the present Bowmanville Library building be dedicated to the Clarington Museum Board for use as archival, display, program, and meeting and office space." 1.2 The present Clarington Library is situated on lands donated by Sarah Jane Williams to the Town of Bowmanville by indenture dated December 10, 1960 which identified the land as "a park and museum to be used in connection with the historical, cultural and recreational activities for the general benefit of the community". In 1964 a Memorandum of Agreement was undertaken to allow for the construction of a library building for the use of the community. 1.3 Currently, the lower level of the library is occupied by various municipal departments while the new library is being constructed and the Municipal Administration Centre is expanded. The space available on the lower level of the library consists of a series of rooms as outlined: . Multipurpose room - approximately. 40'x 30' - 1200SF . Office space - approximately 40' x 20' - 800SF (Occupied by the Library Administration) . Office space - approximately 21' x 21' - 440SF (Occupied by Communications and Tourism) . Staff room - approximately 15' x1 0' ~ 150SF . Book storage room - approximately 15' x 15' - 225SF . Kitchen - approximately 10' x 8' - 80 SF 1.4 In addition there are three washrooms, maintenance and mechanical rooms and common hallways. The lower area is also served by an elevator from the main floor entrance area. 2.0 REQUEST FOR SPACE 2.1 Staff received a total of four requests for use of the available area. Through discussions with those agencies, and the Municipality's legal counsel, two of the requests were deemed to qualify as a tenant under the terms of the indenture. 2.2 Of the two qualified requests, one agency has secured space at another location within the Municipality and has respectfully retracted their request for space. 1002 j j j J j J j J j J J J J j j J .J J J f i' ... I I. , l. t ... .. a.. ... L .. L >> ... I Ir. j( I.. ~ ~ ~ '- ... , ... REPORT No. CSO-08-03 Page 3 2.3 As a result, the request from the Clarington Museum Board is the only agency that has requested use of the vacated space that qualifies as a tenant under the terms of indenture. 2.4 As previously mentioned, staff recommended through the Cultural Review that the upper level of the building be dedicated to the Clarington Museum Board. Should Council approve the staff recommendation to dedicate the lower level of the building, this would in fact provide the museum with the complete building. 2.5 The Museum administrator has stated that, should the Museum be awarded the lower level of the building, the Clarington Museum Board would be able to operate the facility and provide their services with no additional impact to their current budget allotment. 2.6 As such, staff is recommending dedicating the vacant space to the Clarington Museum Board subsequent to the Board satisfactorily demonstrating to Council that there will not be an increase to the Board's budget. 10Q3 J J J J .J J J J j J J J J .J J J J J J .. ; ~ I. .. .. I. I.. .. ... .. 1 2. .. 3. ... , ... ... .. " ... ... ... III. Clmillgton REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: Resolution #: April 22, 2003 Report #: CSD-09-03 By-law #: File #: Subject: Sport Alliance of Ontario - Community Sport for All Award Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report CSD-09-03 be received; and, THAT Report CSD-09-03 nominating the Orono Athletic Association for the Sport Alliance of Ontario Community Sport for All Award be approved; and, THAT the Orono Athletic Association be forwarded a copy of this report and advised of the action taken, FORTHWITH. .). . /J () --e-J ~ Reviewed by~ ,~'--- Franklin Wu Chief Administrative Officer Submitted by: s ph P. Caruana rector of Community Services JPC/BRT/jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1004 REPORT NO.: CSD-09-03 PAGE 2 J J .J j J j j j J j J ..J J J J j j J j 1.0 BACKGROUND 1.1 At the March 31,2003 Minutes of Council, Item 1-13 regarding the Sport Alliance of Ontario Community Sport for All Award, was referred to staff to review. The correspondence outlines a recognition program of Community Sport Councils within the respective Municipalities. 1.2 The criteria for the award is to recognize community sport councils that: . Have been in existence prior to January 1, 2003, . Select their Sports Council members from the community, . provide a full sports program to the community that demonstrates summer sports, winter sports, team sports, individual sports as well as both indoor and outdoor sports. . Promote benefits of sport for all citizens within the community and support development by recognizing volunteers, training sport leaders and/or hosting events . 2.0 COMMENTS 2.1 Staff reviewed Clarington's sports groups and conducted telephone interviews with the community athletic associations. As the criterion requires a full season of sports, all of the individual leagues were eliminated as they only offered one sport during one season. In discussions with community athletic associations, only one athletic association met the criteria by offering a variety of sport opportunities throughout the year. 2.2 On review of the criteria with the Sport Alliance of Ontario, staff has determined the Orono Athletic Association is eligible to be nominated for recognition as a Community Sport Council offering a variety of programs within the community throughout the year. 2.3 The nominations must be received by the Sport Alliance of Ontario by April 30, 2003. Accordingly, approval of this nomination must be received forthwith. 2.3 Upon approval by General Purpose and Administration Committee, staff will submit the necessary documentation on behalf of Council. Attachments: Attachment #1 - Correspondence - Sport Alliance of Ontario 1005 ~ (: i ... ~ ... , I.. ... ~ ... ... ... ... I ... f r .. .. I ~ ~ .... ~ , t .. .~"'''-''.- t;t~':.=~~,;Z.:...;.~/._. Attachment #1 (" Sport Alliance of Ontario March 5, 2003 Mayor John Mutton The Municipality of Clarington 40 Temperance Street Bowmanville, ON Ll C 3A6 Dear Mayor Mutton: Is there a group of community sport organizations working together in your municipality to develop and support sport for your citizens? Ifthere is a volunteer parks and recreation commission, community sport councilor community sport advisory group, they may be eligible to receive a Community Sport for All A ward. The Sport Alliance of Ontario, with support from the Ontario Trillium Foundation, will be recognizing Ontario's community sport councils or similar organizations by presenting them with a Community Sport for All Award at the inaugural Ontario Sport Leadership Conference on May 9-10 at the Hilton Suites Conference Centre in Markham. To nominate an organization for a Community Sportfor All Award, please submit the following information: . A nam.e and mailing address for the organization; . Documentation that the organization has been in operation since at least January 1, 2003; . Published criteria outlining how the organization selects its members; . Documentation demonstrating that the organization has at least one member from a summer sport, winter sport, team sport, individual sport, indoor sport, and outdoor sport; . Documentation illustrating a purpose or m~date that promotes the benefits of sport for all citizens in your municipality or region, and supports community sport development by (for example) recognizing volunteers, training sport leaders and/or hosting events. 1006 /"'} ...j - Community Sportfor All Award Sport Alliance of Ontario 1185 Eglinton Avenue East, Suite 201 Toronto, Ontario. M3C3C6 j J j j J J j J j j j J J J J J J J Please submit a letter of recognition, under your signature, with the requested background information to: The deadline for nominations is Wednesday, April 30, 2003. A sample letter of recognition is posted on the Sport Alliance of Ontario Web site in the News and Info section (www.Sl)ortalliance.com ). If you have any questions about this Award, please do not hesitate to contact Michael Suraci at msuraci@sportalliance.com or (416) 426-7090. Thank: you for considering this opportunity to recognize community sport leadership. Sincerely, c.c. Recreation Director } ~ 1 007 ~1185 Eglinton Avenue East, North York, Ontario, Canada M3C 3Ct . ~ (416) 426-7000 1 (416) 426-7381 Sj info@sportalliance.com _.~ www.sportalliance.corrP' '. t iw ~ CIW1llgton .. L I f .... ~ 1.- L I t .. h ? '- . I i. ~ ~ \ f ... y l -. ~ [. t. i "- L f ~ ... f ~ REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: APRIL 22, 2003 CLD-17-03 File #: By-law #: Report #: Subject: ANIMAL SERVICES MONTHLY REPORT FOR THE MONTH OF MARCH, 2003 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1) 2) THAT Report CLD-17-03 be received for information; and THAT a copy of Report CLD-17 -03 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. O~--=~ Reviewed by: Franklin Wu, Chief Administrative Officer MPKS*PLB*dm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 t 1 n 1 REPORT NO.:CLO-17-03 PAGE 20f3 BACKGROUND AND COMMENT For the information of Council, the table attached to Report CLD-17-03 summarizes the activities and revenues pertaining to Animal Services for the month of March, 2003. Attachment #1 Animal Services Monthly Report Interested parties to be advised of Council's decision: Ms. Liz White Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, ON M4M 2G3 Animal Advisory Committee 11 02 J J J ] J J J J J J j J J J J J J J J L ~ t lilt REPORT NO.:CLO-17-03 PAGE 3 of3 t .. CLERK'S DEPARTMENT ANIMAL SERVICES DIVISION ATTACHMENT NO.1 TO REPORT NO. CLD-17'()3 L ANIMAL SERVICES MONTHLY REPORT MARCH, 2003 . ~ ... I~TIES I THIS MONTH I YR. TO DATE 2003 YR. TO DATE 02 PICKED UP - WILDLIFE 11 24 11 I DOGS I CATS I DOGS CATS DOGS CATS PICKED UP 13 11 56 29 48 17 BROUGHT IN 14 16 36 56 31 68 RETRIEVED BY OWNERS 20 2 67 6 48 4 SOLD TO RESIDENTS 6 18 21 58 30 58 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 0 0 0 9 0 7 DEAD ON ARRIVAL 1 7 4 12 1 16 QUARANTINE I 1 I 0 I 1 2 0 5 WRITTEN WARNINGS 37 76 69 P.OA TICKETS 7 34 14 CONVICTIONS 4 15 8 CALL-OUTS AFTER HOURS 4 11 8 OVER TIME HOURS 14 35 26 B. REVENUES DOGS & CATS RELEASED 0 110.00 135.00 395.00 315.00 60.00 LICENSES 2444.00 208.00 7611.00 632.00 5267.00 346.00 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 450.00 765.00 1515.00 2295.00 1725.00 2250.00 DOGS & CATS REDEEMED 825.00 130.00 2672.00 190.00 2309.00 35.00 SUB TOTAL 3719.00 1213.00 11933.00 3512.00 9616.00 2691.00 L L L I i -. I I.. L L I 1. L L , ~ t lla ! I .... TRAP REVENUE 93.00 102.00 81.00 TOTAL REVENUE 5025.00 15547.00 12388.00 ... EUTHANISED 0 L 1 1 03 .J J J J J J J J J J J J J J J J j J J l ~ CI~-mgron ... L I t. L L REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 22, 2003 Report #: CLD-018-03 File #: By-law #: Subject: MOSPORT PARK - 2003 RACING SEASON f RECOMMENDATIONS: L, It is respectfully recommended that the General Purpose and Administration Committee , recommend to Council the following: -. L L \ ~ ... L ~ .. l \ .. I I ... ... I .. 1. THAT Report CLD-018-03. be received; 2. THAT Mosport Park be exempted from Section 2. (h) of By-law 78-50, as amended, for the upcoming 2003 racing season; 3. THAT Mosport Park be advised of Council's decision. Submitted by: Reviewed by: Franklin Wu, Chief Administrative Officer d~~tUk. PLB/hk CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1104 REPORT NO.: CLD-018-03 PAGE 2 of2 BACKGROUND Each year, Mosport applies for licences to run their various activities, in accordance with the municipality's public entertainment by-law. For the 2003 season, applications have been received for: . Mosport Speedway - 18 Saturday nights, May 10 through to September 6 . Mosport International Raceway - Victoria Day Trans Am Event - May 16 - 18 - Cascar Event - June 13 - 16 - Vintage Races - June 27 - 29 - Motorcycle Racing - July 18 - 20 - Grand Prix American Lemans Event - August 14 - 17 The licencing by-law sets out various requirements which must be met prior to licences being issued. In respect of racing events at Mosport, the by-law requires, in part, that Mosport provide: . written evidence from a professional engineer that the maximum level of audible sound measured at four noise monitoring locations shall not exceed certain levels as outlined in the by-law; and . . an agreement to save the municipality harmless and indemnify it from any costs, charges, expenses and liability that it may incur as a result of monitoring of sound levels, either by municipal employees, contractors or consultants. For the 2002 season, Mosport was granted an exemption to the requirement of retaining the services of a sound engineer to provide the evidence that the sound levels will not exceed the limits set out in the by-law. It is staffs recommendation that this same exemption apply for the 2003 season. Mosport have stated that they will provide the required agreement to coverthe municipality's costs of sound monitoring. Interested parties to be advised of Council's decision: Myles Brandt Mosport Park 3233 Concession Road 10 Bowmanville, Ontario L 1 C 3K6 1105 j J ] J J J J J J J j J ] j J J J J J L L L \ I Ii. L L I L t L. 1 ... L L L L L L L \ L t L l Cl!J!illgtDn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 22, 2003 COD-011-03 By-law # Report #: File # Subject: RFP 2003-3, BOWMANVILLE KING STREET EAST CORRIDOR STUDY Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-011-03 be received; 2. THAT Urban Strategies Inc., Toronto, Ontario with a total bid in the amount of $81,613.00 (including GST and disbursements), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP 2003-3, be awarded the contract for the consulting services for the Bowmanville King Street East Corridor Study, as required by the Planning Services Department; 3. THAT the growth-related development charge share of the Study, being $30,156 be drawn from the General Government Development Charges Reserve Fund Account #111 0-00188-X; and 3. THAT the non-development charge portion of the funding be drawn in the amount of $30,000 from Planning Service Consulting Account #7702-X-247 and $21,457 from the Working Funds Reserve Account #2900-1-X. Reviewed br.3~ ~ Franklin Wu, Chief Administrative Officer 0, H.B.Sc., C.M.O. e Services MM\DC\LM\LAB\lm , 20 1 REPORT NO.: COD..Q11..Q3 PAGE 2 J J J J J J J J J J J J J J J J J J J BACKGROUND AND COMMENT A Request for Proposal was advertised and issued to submit on providing Consulting Services for the Bowmanville King Street East Corridor Study. Subsequently, only one (1) proposal was submitted from Urban Strategies Inc., Toronto, ON, in the amount of $81,613.00. For the information of Council other bidders declined to bid due to existing work load and the short time frame for the study. As stipulated in the proposal documents, proponents were evaluated based on the following criteria: · Previous Corridor study experience . OMB Experience · Consultants ability and capacity to perform work . Time line suitability . Key personnel . Ability to communicate · Working knowledge in Clarington/Region of Durham · Overall impression · Proposed fees and hourly rates · Financial status. As per the Request for Proposal document, the consultant selection would be made on the basis of written proposals and a potential interview. An interview was conducted with Urban Strategies Inc., and staff are confident they have the necessary qualifications for the project. After review of the submission by the committee, it was mutually agreed that the bid from Urban Strategies Inc. Toronto, Ontario, with a total bid in the amount of $81,61~.00 (including GST and disbursements) meeting all terms, conditions and specifications of Request for Proposal RFP 2003-3, be awarded the contract for the consulting services for the Bowmanville King Street East Corridor Study, as required by the Planning Services Department. The total bid exceeded anticipated requirements. Funding for the study was initially intended to be spread over two years in Planning Services Department normal allocation for consulting. In light of the urgent need to complete the study within the timeframe of the Interim Control By-law, alternative funding sources are proposed to cover the required funds for the project. Given that the problems faced by the area are the result of growth anticipated within the Study Area and 1202 \ ... L t 1- L ! ~ ... I l ;; L. L ~ .. L L L L l L L L L I L.. REPORT NO.: COD-011-03 PAGE 3 traffic generated in other growth areas of the Municipality, at least 50 % of the study is deemed to be growth-related and eligible for development charges funding. Funding for the study is allocated as follows: · General Government Development Charges Reserve Fund (Account #111 0-00188-X) . Planning Consulting (Account #7702-X-247) . Working Funds Reserve (Account #2900-1-X) Total $30,156.00 $30,000.00 $21.457.00 $81,613.00 The Director of Finance has reviewed the funding requirement and concurs with the recommendation. Queries with respect to the department needs, specifications, etc., should be referred to the Director of Planning Services. The firm has previously performed for the Municipality of Clarington doing the Main Central Area Study in 1992-1993 and the Update to the Urban Design Guidelines for the West Main Central Area in 1999. Principals Andrea Gabor and George Dark testified at the O.M.B. hearing on the West Main Central Area in 1993. Urban Strategies is currently involved in a number of studies of downtowns and key corridor areas including: Downtown Ottawa Urban Design; 'Thornhill ' r. Yonge Street Corridor Study, In the Town of Markham, The City of Vaughan and City of Toronto. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330 "203 . J J J J J J J J J J J J J J J J J J J ." Schedule "B" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Urban Strategies Inc., Toronto, Ontario, to enter into agreement for the Bowmanville King Street East Corridor Study. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are he.reby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Urban Strategies Inc., Toronto, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2003. By-law read a third time and finally passed this day of ,2003. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1204 L L L L L L L L L L L L L l L L l t L.. L CJ!l!.pn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 22, 2003 COD-12-03 Report #: File#_ By-law # Subject: RFP 2003-2, HOTEL ACCOMMODATION STUDY Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-012-03 be received; 2. THAT Pannell Kerr Forester Consulting Inc., Toronto, Ontario with a total bid in the amount of $26,536.00 (including GST and disbursements), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP 2003-2, be awarded the contract for the consulting services for the Hotel Accommodation Study, as required by the Chief Administrative Officer; 3. THAT the contract award be subject to receipt of funding from various sources, including the Rural Economic Development Program of the Ontario Ministry of Agriculture, Food and Rural Affairs; and 4. THAT the total funds required be drawn from The Industrial Economic Development Reserve Fund Account #1110-163-X; and 5. THAT the attached By-law, marked Schedule liB" authorizing the Mayor and Clerk to execute the agreement be approved. Submitted by: Reviewed bY:O ~ ~ Franklin Wu, Chief Administrative Officer I arano, H.B.Sc., C.M.O. irector of Corporate Services MM\LM\LAB\km 1205 REPORT NO.: COD-012-03 PAGE 2 J J J J J J J J J J J J J J J J J J J BACKGROUND AND COMMENT A Request for Proposal was issued to submit on providing Consulting Services for a Hotel Accommodation Study. Subsequently, three (3) proposals were submitted and tabulated as per Schedule "A" attached. A committee comprised of representatives from Planning Services, Board of Trade, Communication and Tourism and Purchasing, reviewed each of the submissions. As stipulated in the proposal documents, proponents were evaluated based on the following criteria: . Previous Hotel Accommodation Study experience . Consultants ability and capacity to perform work . Time line suitability . Approach to methodology of project . Key personnel . Ability to communicate . Working knowledge in Clarington/Region of Durham . Overall impression . Proposed fees and hourly rates As per the Request for Proposal document, the consultant selection would be made on the basis of written proposals and a potential interview. Based on the above evaluation criteria, Pannell Kerr Forester Consulting Inc., and Charles Suddaby Associates Limited were invited for this interview process. The third bidder HVS International did not have the depth of experience and working knowledge of Durham Region. After further review of the bids by the committee, it was mutually agreed that the bid from Pannell Kerr Forester Consulting Inc., Toronto I Ontario, with a total bid in the amount of $26,536.00 (including GST and disbursements), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP 2003-2, be awarded the contract for the consulting services for the Hotel Accommodation Study. It is further recommended that the award be subject to receipt of funding from various sources, including the Rural Economic Development Program of the Ontario Ministry of Agriculture, Food and Rural Affairs. 1206 L REPORT NO.: COO-012-03 PAGE 3 L L L The Director of Finance has reviewed the funding requirement and concurs with the recommendation. Queries with respect to the needs, specifications, etc., should be referred to the Chief Administrative Officer or the Director of Planning Services. t L. Although the subject firm have not previously performed for the Municipality of Clarington, they have provided satisfactory service for both the City of Oshawa and the City of Brampton. i L. i L. i .. ~ L. t .. i.. L L L f: l '- L L ! l t L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330 t L. 1207 . . Clw:ilJgton Municipality of Clarington SCHEDULE "A" BID SUMMARY RFP 2003-2 HOTEL ACCOMMODATION STUDY BIDDER TOTA'" alP AMQUNT Charles Suddaby & Associates Limited $19,981.00 Requires a retainer of Toronto, ON Includes $875.00 expenses $5,350.00 HVS International $21,400.00 Requires a retainer of Toronto, ON includes expenses $12,000.00 Pannel Kerr Forster Consulting Inc. $26,536.00 Requires retainer of 20% Toronto, ON includes expenses Alternate bid of $16,050.00 with no detail analysis * GST Extra to all the above 1208 J J J J J J J J J J J J J J J J J J J .. L' L.... .. , .. ~ L. L L L L L. L i L. L L L L L l L l f , L . . Schedule "B" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Pannell Kerr Forester Consulting, Toronto, Ontario, to enter into agreement for for the Hotel Accommodation Study. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Pannell Kerr Forester Consulting Inc., Toronto, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "B" form part of this By-law. By-law read a first and second time this day of ,2003. By-law read a third time and finally passed this day of ,2003. John Mutton, Mayor Patti L. Barrie, Municipal Clerk '209 j . J J J J J J J J J J J J J J J J J J l L I 1. L L L , -. L i L L I I '- L L L L L L L l '- CI~mgtDn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: TUESDAY APRIL 22, 2003 Resolution #: Report #: FND-011-03 File #: By-law #: Subject: GREAT LAKES WETLAND CENTRE - PROJECT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-011-02 be received; 2. .THAT the request from Mr. Chris Conti for a grant of $50,000 to be payable over several years to the Great Lakes Wetland Centre be denied; and 3. THAT Mr. Conti be thanked for his delegation to Council. of' O. /II) -Y, Reviewed .: ~. -- ~~ Franklin Wu, Chief Administrative Officer. Submitted by: ~ Nancy ylo, .A., C.A., Director of inance. NT/hjl 1301 REPORT NO.: FND-011-03 PAGE 2 BACKGROUND AND COMMENT: 1.0 At the Council meeting of February 24, 2003, Council passed the following resolution: "THAT the delegation of Chris Conti requesting a gift of $50,000 payable over several years, to the Great Lakes Wetland Centre be referred to staff." 1.1 At the same Council meeting, Mr. Chris Conti appeared as a delegation to provide Council with a presentation pertaining to the Great Lakes Wetland Centre Project. The Friends of the Second Marsh wish to construct an interpretive centre to increase the education potential of the Second Marsh. The construction of the centre and the commissioning of the display is estimated to cost $6 million. Attachment A is a brochure provided by the Friends of the Second Marsh outlining the project. 1.2 It is not recommended to proceed with funding for the Great Lakes Wetland Centre. Clarington currently has a significant number of projects underway and in the design stages that will require funding over the next several years. Some examples include the Hampton Pond recovery project, the Valleys 2000 initiative, and several Lake Ontario waterfront projects for which Superbuild applications were submitted, such as the Bowmanville Waterfront Recreation Area. 1.3 Clarington also currently supports, both through the capital and current budgets, nature trail development and maintenance, acquisition of valleylands and waterfront properties, Port of Newcastle waterfront trail, the Syndey B. Rutherford Walkway, Soper Creek Valley and Samuel Wilmot Nature Area. Clarington is also an active partner with the conservation authorities for areas such as the Westside Marsh. CONCLUSION: 2.0 At this time, it is recommended that Claring.ton continue its strong, proactive focus towards trail development and preservation/rehabilitation of sensitive nature areas within its borders. Due to the magnitude of the current projects at various stages of completion and the limited funding available, it is not recommended at this time that funds be directed towards the Great Lakes Wetland Centre. Clarington has historically provided some funding for the Friends of the Second Marsh for projects located in Clarington. 1302 J J J J J J J J J J J J J J j J J J J L , l \. ! L ! .. I ! .. , '- I I.. ~ I .. , t , L.. \ f II. L t '- L L L , i ; ... L L REPORT NO.: FND-011-03 PAGE 3 Attachment A: The Great Lakes Wetland Interpretive Centre Interested Parties: Mr. Conti Executive Director Friends of Second Marsh 206 King Street East P.O. Box 26066, RPO King Street Oshawa, Ontario L 1 H 1 CO CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1303 J J j J J I I \ I \ I I \ Attachment A The Great Lakes Wetlands Interpretive Centre . Friends is actively engaged in planning for the construction of the Great Lakes Wetltmtl.\. I/lterpretive Centre. to be located on a site located immediately adjacent to Second Marsh on Colonel Sam Drive. . The (entre \vill feature a Large Viewing Deck. state-of-the-an Exhihit Space. a Theatre. ClassroOln and ;'deeting Space. an Ornithological Hall of Fame. a Licenced Restaurant. a Gift Shop. a Book Store. and much more' · The estimated cost of constructing the (entre and commiSSiOnIng the displays will be 56 million. estimated to open in December 2005. J J J Benefits of the Great Lakes Wetlands Interpretive Centre SL'I'c'I"a! EdllCaliondl and Environmeflld! Bene/irs II iI/ he gainedji'um rhe Cenrre. Ir Irill: · Provide year-round enhanced programming for ne\v and existing educational. programming. · Enhance the profile of Friends within the GT.-\ as an environmental resource for the region. J · Educate citizens and businesses on the importance of having an urban wetland in this region. J (hhmlo and Durham Region Il'il/ enjoy many economic bene)irs. The Centre will. · Function as a valuable tounst anraction in Durham Region. attracting over 5-1,O(}() tourists. J :=8.000 students and 56.000 commwlity visitors each year. · Generate 51.35 millio/l per year in direct expenditures and substantial spin-off revenue. which will prOVide sustainable revenue for Friends operations and programs. J · Generate -:' FilII-time .lobs ~U1d .vllmerOIl.\ Part-Time Positio/ls and COllstructioll .lobs. J {)/I1"l'orrners Hill be gi\'(;n rhe opporrllniries ro. J J · Demonstrate their E/lvironmental Leadership position. · JOIl1 \vlth leaders affecting cm'lronmental change through increased Public Edw:atio/l and .-lll'arelless · Illvite the ConulUlIIi(v to expenence tirst-hand the Envirollmental Issues surrounding the ,I protection of wetlands in Ontario. .. . Demonstrate lv/arket Leadership and COlJlllulIIity Investment in the GTA. J . I . -, , / .. . I . Display their brand name in a Pr(dile Building with Higll AII/lual Visito1'.\'hip. FRIENDS OF SECOND MARSJ 905-723-5047 friendsofsecondmarsh@rogers.corr 'NWW. secondmarsh. con . ~: "'[ i.:~:..'! ,,,. r. . . ~ 1304 L L .. L ! ! .. i L. L L L t .. .. ~ i .. L L L L L L . I ... -'"..( . ':;t . '. f - : r If ~I ,.' Ii \. .... ., : ': '.1.' :1.1, \y~:{!r. . 1'; .f ~ L L Friends of Second Marsh · Friends of Second Marsh (Friends) is a not-for-profit charitable organization dedicated to wetlands education and the stewardship of Second Marsh and its watershed. · For the past thirty years, Friends (formerly the Second Marsh Defense Association, credited with Protecting Second Marsh from Harbour Development) has provided leadership in the community-based movement to secure a future for this unique wetland. · Friends is a leader in environmental education, with over 1,300 people annually participating in their premier educational programs; Kids in the Marsh Summer Programs and Curriculum Based Wetland!J' Walks for school children. · More than 300 community volunteers participated in Friends Stewardship Projects last year, including the YeJJow Fi!J'h Rvad storm drain marking program, Rain Barrel pilot project, construction of the Bvb Mills Bvardwalk, and the Planting vfTrees ami Native Plants. · Throughout its history, Friends has partnered with many organizations for restoration efforts and operational requirements. Key partners include: the City of Oshawa, Ducks Unlimited Canada, Environment Canada, Central Lake Ontario Conservation Authority and General Motors of Canada Ltd. The Second Marsh Wildlife Area · Second Marsh is a unique resource for the Oshawa area. In combination with adjacent areas, McLaughlin Bay Wildlife Reserve and Darlington Provincial Park, Second Marsh comprises nearly 400 hectares vf publicly accessible waterfrvnt !Jpace within the Greater Toronto Area. · This habitat supports over 380 plant species, 288 bird species, numerous species of mammals, reptiles, amphibians and fish, and hundreds of species of insects. · Over the past 50 years, more than two thirds of Great Lakes wetlands have been lost to development, drainage and pollution. Education is critical to restoring and maintaining these wetlands in order to protect biodiversity. · Throughout Second Marsh, self-guided walks are enhanced by a well-maintained trail system, way-finding signs, viewing towers and interpretive signs. · The Waterfrvnt Trail, which spans the shores of Lake Ontario from Niagara-on-the-Lake to Ganonoque, runs through Second Marsh Wildlife Area. . Second Marsh Wildlife Area contributed to Oshawa winning the Highe.\'t Level Award in the 2001 Communities in Bloom competition. 1305 FRIENDS OF SECOND MARSH 905-723-5047 friendsofsecondmarsh@rogers.com www.secondmarsh.com J J J J J J J J J J J J J J J J j J J