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HomeMy WebLinkAbout05/05/2003 w. .. Cla ri Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: MAY 5, 2003 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS " 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of April 22, 2003 301 4a. PRESENTATIONS (a) Mike Cook, Senior Planner, Regional Municipality of Durham - re: Light Pollution — Issues and Solution ow (b) Lauren Miller, Vice President, Economic Development Real Estate wo Advisory Services, PricewaterhouseCooper, 145 King Street West, Toronto, M51-1 1V8 — Business Park Assessment Report PSD-050-03 as 4b. DELEGATIONS (a) Kevin Tunney & Ira Kagan, 340 Bryon Street S. Suite 200, No Whitby, L1 N 4P8 — Report PSD-050-03 (b) John McKelvey, 1411 Regional Road 42, Bowmanville, L1 C 3K5 .. - Report CLD-19-03 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 w G.P.& A. Agenda - 2 , May 5 , 2003 �r 5. PUBLIC MEETINGS (a) Zoning By-law Amendment Application Applicant: Bill Qualtrough Owner: Dorothea May Guy REPORT PSD-048-03 501 (b) Rezoning Application Applicant: Towchester Developments Limited REPORT PSD-049-03 503 6. PLANNING SERVICES DEPARTMENT „ (a) PSD-048-03 - Zoning By-law Amendment Application Applicant: Bill Qualtrough 601 (b) PSD-049-03 - Rezoning Application Applicant: Towchester Developments Limited 606 (c) PSD-050-03 - Application for Removal of Holding Symbol Applicant: 1151223 Ontario Limited 613 (d) PSD-051-03 - Port Granby Project Comments on the Methodology for Identifying and Evaluating Alternative Means 633 (e) PSD-052-03 - Confidential Report - Property Matter .r (distributed under separate cover) (f) PSD-053-03 - Confidential Report - Property Matter • (distributed under separate cover) 7. ENGINEERING SERVICES DEPARTMENT + No Reports 8. OPERATIONS DEPARTMENT No Reports " 9. EMERGENCY SERVICES DEPARTMENT (a) ESD-005-03 - Monthly Response Report — March, 2003 901 aw G.P.& A. Agenda - 3 , May 5 , 2003 10. COMMUNITY SERVICES DEPARTMENT No Reports 11. CLERK'S DEPARTMENT (a) CLD-19-03 - Firearms Concerns within the Municipality 1101 •. 12. CORPORATE SERVICES DEPARTMENT (a) COD-013-03 - Tender CL2003-9, Electrical Services 1201 r. 13. FINANCE DEPARTMENT No Reports 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT No Reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS (a) Resolution — Fitness Industry " 17. ADJOURNMENT on THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee April 22, 2003 Minutes of a meeting of the General Purpose and Administration Committee held on Tuesday, April 22, 2003 at 7:00 p.m., in the Council Chambers. r ROLL CALL Present Were Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle -- Councillor G. Robinson Councillor J. Rowe Councillor J. Schell .. Councillor C. Trim Also Present: 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 Deputy Treasurer, L. Gordon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Deputy Clerk, M. Knight Stanley Clerk 11, D. MacKay Mayor Mutton chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. MINUTES Resolution #GPA-175-03 �. Moved by Councillor Trim, seconded by Councillor Schell THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on April 7, 2003 be approved. "CARRIED" 301 10 G.P. & A. Minutes - 2 - April 22, 2003 MINUTES CONT'D. Resolution #GPA-176-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the minutes of a special meeting of the General "o Purpose and Administration Committee held on April 14, 2003 be approved. "CARRIED" Mayor Mutton presented Rachel Piontek and Jeri Patterson, Student Pages, with a certificate for participating in the Page Program. PRESENTATION (a) Leroy Corkum, Pastor, 3740 Skelding Road, Orono, LOB 1 MO presented a framed print of a scene at Algonquin Park by Tom T. Thompson from the Congregations of Clarington to the Mayor and Members of Council. DELEGATIONS W (a) H. F. Grander, H. F. Grander Company Ltd., P.O. Box 616, Port Perry, L9L 1A6 circulated a letter and , expressed the following comments in regards to Committee of Adjustment Application A2003/005 addressed in Report PSD-041-03. Mr. Grander expressed that it had been fifteen years since the rental units were constructed and no one r has had an issue to date. He concurs with the decision made by the Committee of Adjustment, that the variance meets the Official Plan and the intent of the Zoning By-law, is minor in nature, and does not have a detrimental impact on the neighbourhood. He requested that Council not appeal the decision to the • Ontario Municipal Board. (b) Jeff Brooks, Chair, Clarington Museum Board, 4 Sagewood Avenue, L1 E 2G1 addressed Members of Council on behalf of the Museum Board and advised that they concur with the recommendations contained in Report CSD-08-03. Mr. Brooks stated the location will provide benefits to the museum and community at large in regards to consolidation of museum archives, showcase and storage uses in a secure and climate controlled environment. 30- 2- rr No G.P. & A. Minutes - 3 - April 22, 2003 ow Councillor Schell chaired this portion of the meeting. PUBLIC MEETING Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following application: (a) Official Plan Amendment and Rezoning Application Applicant: West Diamond Properties Inc. & Players Business Park Limited The Planning Services Department sent public notice for the rezoning and official plan amendment applications by first class mail on or before April 2, 2003 to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. A public notice was also posted on the property in question and in the newspaper. The notice procedure followed is in compliance with Ontario Regulations made under the Planning Act. (a) Report PSD-040-03 —West Diamond Properties Inc. & Players Business Park Limited - the purpose and effect of the Official Plan Amendment and rezoning application is to: • Re-designate the subject lands from "Highway Commercial — Special Policy Area "H": West Bowmanville Gateway" and "Urban Residential" to "Main Central Area: Retail Commercial"; • Increase the total permitted retail commercial development in the West Main Central Area from 40,000 m2 to 73,070 M2; • Delete the retail commercial development .r thresholds which links retail development to population growth; • Allow up to 33,070 m2 of retail commercial development on the subject lands; • Delete the collector road extension of Boswell Drive within the subject lands; and • Delete the collector road extension of Uptown Avenue west of Green Road. r 3 ®3 G.P. & A. Minutes - 4 - April 22, 2003 PUBLIC MEETING CONT'D. Ray Whelan, 42 Ivory Court, Bowmanville, L1 C 5C1 addressed Council regarding his objection to this application. di He stated his neighbours at 40 and 44 Ivory Court did not receive a notice of this application. Mr. Whelan is a new resident to Clarington and has a problem crossing Highway 2 now because of the traffic. He suggests traffic lights should be installed at Green and Boswell Road and the speed limit dropped to 60 km/hr. Mr. Whelan would like to see indirect r�ri lighting installed if this proposal is accepted. He feels it is too much too soon for the area. There is currently adequate facilities in North Oshawa and feels a major oversized retail d development near Loblaws could duplicate stores which are not needed. Mr. Whelan also feels with the noise and dust from construction, he will not be able to use his backyard for over a year. Debbie Clarke, Valiant Property Management, 177 Nonquon Road, 20th Floor, Oshawa, L1G 3S2 along with Bryce Jordan, Sernas Associates, 110 Scotia Court, Unit 41, Whitby, L1N 8Y7 expressed concerns with this application if developed before property owned by Valiant. A letter from Sernas Associates was circulated prior to the meeting. Mr. Jordan stated Valiant owns two land parcels in Clarington which are already designated for retail commercial development and have the potential to be adversely affected by this application. The first parcel is at King Street and Trulls Road, the second parcel is at the northeast corner of King Street and Green Road, across from the subject property. Applications have been submitted for a first phase of 70,000 square feet on this site, which they are confident the market would permit today without adverse impact on Downtown Bowmanville. Valiant has had serious '?Ed interest from three major users for this site and has resulted in a decision by Valiant to amend its application to permit 200,000 square feet of retail development over all of this commercial property. The two main concerns with the subject application are as follows: 1) In terms of market, Valiant Property Management will be opposed to any approvals to the subject application which will delay the timely development of either of its two sites, which have been designated in the Official Plan in order to properly serve the populations of Courtice and a Bowmanville as they grow over time; and 304 emb G.P. & A. Minutes - 5 - April 22, 2003 am PUBLIC MEETING CONT'D. 2) In terms of staging, Valiant Property Management will be opposed to any approvals to the subject application which will result in development for commercial uses on the subject lands (i.e. lands that are not currently designated for retail commercial) in advance of its lands (i.e. lands that are designated retail commercial, which abut •- existing commercial development and are within the Bowmanville West Main Central Area). -w Ron Hooper, Chairman, Bowmanville BIA, 39 King Street West, Bowmanville, L1 C 1 R2 addressed Council on behalf of the concerned merchants of downtown Bowmanville. While Mr. Hooper expressed they have worked very hard over the years to attract shoppers to the historic downtown, he wonders just how much retail commercial space our .. growing population can sustain even though Clarington is among the fastest growing community in Ontario. His position is that new additional retail commercial space be approved only when there is sufficient population to sustain the downtown businesses as well. Evylin Stroud, 89 Little Avenue, Bowmanville, L1C 1J9 addressed Committee with concerns over this application. Ms. Stroud is very wary of deleting any road at this time. WAN Roads should be put in when development is put in. Secondly, she has a concern over handicap parking which is less than adequate and not enough parking spaces. George Van Dyk, 19 Scugog Street, Bowmanville, L1C 31-17 addressed Committee and voiced his objection to " this application. As an owner of property in downtown Bowmanville, Mr. Van Dyk feels this application is premature for Clarington. He feels the community will suffer a great .. deal because the population cannot support the additional commercial space at this time. Peter Gjaltema, 2098 Green Road, Bowmanville, L1 C 3K7 expressed his opposition to this application. Mr. Gjaltema resides on the north west side of Green Road behind the proposed development and stated when he purchased the property 4 years ago, the surrounding orchard area was zoned as residential. Mr. Gjaltema concurs with all the concerns of previous speakers and feels this application is premature at this time. He feels that having a large commercial building next to him will decrease the value of his home. He is also concerned about the noise, traffic and the effect the construction will have on his well. 305 G.P. & A. Minutes - 6 - April 22, 2003 me PUBLIC MEETING CONT'D. I Lawrence Hellinga, 20 Martin Road, Bowmanville, L1 C 3K7 is a former member of the Bowmanville Chamber of Commerce and addressed committee with concerns over this development. Mr. Hellinga feels the population will not sustain a development of this size, "too soon and too big". ++ No one spoke in favour of this application. r Peter Smith, Bousfield, Dale-Harris, Cutler& Smith Inc., 3 Church Street, Suite 200, Toronto, M5E 1 M2 addressed Committee on behalf of the applicant. Mr. Smith stated the concerns of the previous speakers would be addressed and was present to answer questions from the Committee. Resolution #GPA-177-03 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Committee recess for five minutes. aw "CARRIED" The meeting reconvened at 8:35 p.m. PLANNING SERVICES DEPARTMENT .r Official Plan Resolution #GPA-178-03 Amendment and Rezoning Appl. Moved by Councillor Trim, seconded by Councillor Rowe Applicant: West Diamond Prop. Inc. THAT Report PSD-040-03 be received; & Players Bus. Park Limited 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 THAT all interested parties listed in Report PSD-040-03 and any delegations be advised of Council's decision. "CARRIED" 306 r. G.P. & A. Minutes - 7 - April 22, 2003 PLANNING SERVICES DEPARTMENT CONT'D. Committee of Resolution #GPA-179-03 am Adjustment for the Meeting of Moved by Councillor Robinson, seconded by Councillor MacArthur No April, 2003 THAT Report PSD-041-03 be received; THAT Council concur with decisions of the Committee of aw Adjustment made on April 10, 2003 for applications A2003/006, A2003/007 and A2003/008 and that Staff be Um authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and Um 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 aw before the Ontario Municipal Board to defend this position. "CARRIED" Oak Ridges Resolution #GPA-180-03 Moraine Conservations Moved by Councillor Rowe, seconded by Councillor Trim Plan Conformity Amendment Status THAT Report PSD-043-03 be received for information; •• Report THAT the Regional Municipality of Durham Planning Department, Central Lake Ontario Conservation Authority �• and Ganaraska Region Conservation Authority be forwarded a copy of Report PSD-043-03 and advised of Council's decision; and THAT all interested parties be advised of Council's decision. �- "CARRIED" Application for Resolution #GPA-181-03 Removal of Part Lot Control Moved by Councillor Pingle, seconded by Councillor MacArthur Applicant: Orchard Park Estates THAT Report PSD-044-03 be received; (Bowmanville) Inc. THAT the request for Removal of Part Lot Control with respect to Block 113 on Plan 40M-2066 be approved and that the Part Lot Control By-law attached to Report PSD-044-03 be passed pursuant to Section 50 (7.1) of the Planning Act; and 307 G.P. & A. Minutes - 8 - April 22, 2003 PLANNING SERVICES DEPARTMENT CONT'D. .d THAT all interested parties listed in Report PSD-044-03 and any delegations be advised of Council's decision. ' "CARRIED" Removal of Resolution #GPA-182-03 Holding Symbol North Edward St. Moved by Councillor Trim, seconded by Mayor Mutton Applicant: G. Genge of D. G. THAT Report PSD-047-03 be received; Biddle & Assoc. Ltd. THAT the application submitted by 1319164 Ontario Limited to remove the "Holding (H)" symbol be approved; THAT the by-law to remove the "Holding (H)" symbol, attached to Report PSD-048-03 be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-047-03 and any delegations be advised of Council's decision. "CARRIED" Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT 'Certificate of Resolution #GPA-183-03 Acceptance' and 'Assumption Moved by Councillor Rowe, seconded by Councillor Schell By-law' W THAT Report EGD-06-03 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1982; and .r THAT Council approve the by-law attached to Report EGD-06-03, assuming a certain street within Plan 40M-1982, as public highway. "CARRIED" 308 G.P. & A. Minutes - 9 - April 22, 2003 am'm ENGINEERING SERVICES DEPARTMENT CONT'D. 'Certificate of Resolution #GPA-184-03 am Acceptance' and 'Assumption Moved by Councillor Schell, seconded by Councillor Pingle By-laws' "` THAT Report EGD-07-03 be received; THAT the Director of Engineering Services be authorized to "` issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1903; and r 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. "CARRIED" Monthly Report Resolution #GPA-185-03 On Building Permit Activity Moved by Councillor Robinson, seconded by Councillor Trim For March, 2003 THAT Report EGD-14-03 be received for information. "CARRIED" ism OPERATIONS DEPARTMENT Ift There were no items considered under this section of the agenda. aw EMERGENCY SERVICES DEPARTMENT There were no items considered under this section of the agenda. Councillor Rowe chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT •- Clarington Resolution #GPA-186-03 Public Library Tenants Moved by Councillor Pingle, seconded by Councillor Trim THAT Report CSD-08-03 be received; THAT Council approve the lower level space of the former Library Building for use by the Clarington Museum Board; .. 309 G.P. & A. Minutes _ 10 - April 22, 2003 COMMUNITY SERVICES DEPARTMENT CONTD. 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; r�l THAT the appropriate By-law be forwarded to Council for their approval; and THAT the Clarington Museum Board be advised of action taken. "CARRIED" Sports Resolution #GPA-187-03 ri Alliance of Ontario Moved by Councillor Robinson, seconded by Mayor Mutton THAT Report CSD-09-03 be received; 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 Report CSD-09-03 and advised of the action taken, FORTHWITH. "CARRIED" Ali Councillor Pingle chaired this portion of the meeting. CLERK'S DEPARTMENT Animal Services Resolution #GPA-188-03 Monthly Report For the Month of Moved by Councillor Schell, seconded by Councillor Robinson March, 2003 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. "CARRIED" 310 No G.P. & A. Minutes - 11 - April 22, 2003 Now CLERK'S DEPARTMENT CONT'D. Mosport Park- Resolution #GPA-189-03 2003 Racing Season Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Report CLD-018-03 be received; THAT Mosport Park be exempted from Section 2, (h) of By-law 78-50, as amended, for the upcoming 2003 racing season; and THAT Mosport Park be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-190-03 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT the foregoing Resolution #GPA-189-03 be amended by deleting the second paragraph and replacing it with the following: " 'WHEREAS Mosport Park has been operating within the Municipality of Clarington since 1961; ` AND WHEREAS Mosport Park is a large supporter of community events within the Municipality of Clarington; AND WHEREAS Mosport Park employs many municipal residents and provides customers for many local businesses through events held at their facility; AND WHEREAS, in response to concerns of local residents, the Municipality of Clarington passed by- laws setting maximum levels of audible sound at monitoring locations around Mosport Park; AND WHEREAS the by-laws were passed in 1997, initially in response to concerns that were brought forward stemming from the Edenfest concert; AND WHEREAS Mosport Park is unable to continue its racing activities if required to meet the restrictions outlined in these various by-laws; and ism 311 G.P. & A. Minutes - 12 - April 22, 2003 CLERK'S DEPARTMENT CONT'D. NOW THEREFORE BE IT RESOLVED THAT municipal staff be directed to prepare a by-law to repeal the by-laws relating to the setting of sound levels related to racing activities at Mosport Park." "CARRIED" The foregoing Resolution #GPA-189-03 was then put to a vote and CARRIED AS AMENDED. Mayor Mutton chaired this portion of the meeting. •d CORPORATE SERVICES DEPARTMENT RFP2003-3, Resolution #GPA-191-03 Bowmanville King St. E. Corridor Moved by Councillor Schell, seconded by Councillor Rowe Study THAT Report COD-11-03 be received; .r 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; THAT the growth-related development charge share of the Study, being $30,156 be drawn from the General Government Development Charges Reserve Fund Account #1110-00188-X; and 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. "CARRIED" di RFP2003-2, Resolution #GPA-192-03 Hotel Accommodation Moved by Councillor MacArthur, seconded by Councillor Robinson Study THAT Report COD-12-03 be received; 312 G.P. & A. Minutes - 13 - April 22, 2003 CORPORATE SERVICES DEPARTMENT CONT'D. 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; 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; THAT the total funds required be drawn from the Industrial Economic Development Reserve Fund Account#110-163-X; and THAT the By-law, marked Schedule "B" attached to Report COD-12-03 authorizing the Mayor and Clerk to execute the agreement be approved. �. "CARRIED" FINANCE DEPARTMENT Great Lakes Resolution #GPA-193-03 Wetland Centre Project Moved by Councillor Rowe, seconded by Councillor Schell THAT Report FND-011-03 be received; 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; .� THAT Mr. Conti be thanked for his delegation to Council; THAT staff discuss with the Friends of the Second Marsh .. and report back on the feasibility of the Municipality granting them an interest free loan; and •. THAT Mr. Conti be advised of the Municipal Grant process for future years. y "CARRIED" 313 G.P. & A. Minutes - 14 - April 22, 2003 CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no items considered under this section of the agenda. UNFINISHED BUSINESS Resolution #G PA-194-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Pastor Leroy Corkum be thanked for his presentation. .d "CARRIED" OTHER BUSINESS There were no items considered under this section of the agenda. ADJOURNMENT Resolution #GPA-195-03 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT the meeting adjourn at 9:00 p.m. "CARRIED" MAYOR 'a" DEPUTY CLERK .r 314 PUBLIC MEETING .. REPORT # PSD-048-03 BILL QUALTROUGH CORPORATION THE MUNICIPALITY OF F CLARINGTON Leading the way NOTICE OF PUBLIC MEETING Development Application by: Bill Qualtrough PLANNING FILE NOS.: ZBA 20031008 AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Bill Qualtrough would create an exception zone to allow the erection of a single detached dwelling on private services on the vacant property located on Part of Lot 28, "• Concession 5, in the former Township of Clarke, on the East side of Main Street, Orono, south of the property known as 5925 Main Street and north of the property known as 5875 Main Street, Orono. The current zoning, Residential Exception (R1-2)Zone, only allows the construction of a home serviced by a municipal water system. PUBLIC MEETING ,r. The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: w DATE: Monday,May 5d' 2003 TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor, Municipal Administrative Centre, r. 40 Temperance St.,Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday May 12th, 2003, commencing at 7:00 p.m. Should you wish to appear before Council, you must .. register with the Clerks Department by the Wednesday noon, May 7, 2003 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 26d Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6. .. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Sen�ices Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Erik Cyr at(905)623-3379 extension 218 or by e-mail at ecvrC cD-municipality.clarington.on.ca APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Date a e Municipality of Clarington this 24th day of March, 2003. Da ' Crome 40 Temperance Street Director of Planning Services Bowmanville,Ontario - 501 Municipality of Clarington L1C 3A6 TAUNTON ROAD (REGIONAL ROAD 4) 5995 `r' N U-) Ln F 5989 rrl 977 0 Q O 965 953 to C z Lr SUBJECT 5941 42 0 43 -.?f SITE 40 DAVIDS 69 5925 39 � 00 00 00 0000 70 68 r 5900 38 c cn 71 � 67 rn 37 r- r- r N 6 6 5893 CRES. Ali w 65 5875 no N 00 0 64 z O 27 Q 63 Wi ')f 5861 26 6` J z 5845 7!b tk 0 5833 c,�T 5821 w � 5801 5800 cn ? 5785 Q 5771 r,-7 rz n ' MII I Orono Key Map REGIONAL ROAD 4 (TAUNTON ON ROAD) ZBA 2003-008 Uj z Z 0 a Zoning By-law Amendment DAVI S 3 o w 5909 Main Street 0 lSub,iject � CRES. o � a e 0 �`� Owner: Dorothea Guy T. r. Applicant: Bill Qualtrough Uj 502 PUBLIC MEETING �.. REPORT # PSD-049-03 TOWCHESTER DEVELOPMENTS LIMITED CORPORATION THE MUNICIPALITY OF F CLARINGTON /,eading the Way NOTICE OF PUBLIC MEETING Development Application by: TOWCHESTER DEVELOPMENTS LIMITED AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS Planning File No.: ZBA 2003-010 The proposed zoning by-law amendment submitted by Towchester Developments Limited, would change the �- zone category of Blocks 35 and 36 (as shown on reverse) from HR1 to HR2 to permit the construction of a single detached dwelling on each Block. The two (2) subject properties are located in Part Lot 11, Concession 2, Former Town of Bowmanville, at 63 and 64 Goodwin Avenue, Bowmanville. 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 Amendment. The public meeting will be held on: rr DATE: Monday, May 5,2003 TIME: 9:30 a.m. PLACE: Council Chambers,2"d Floor,Municipal Administrative Centre, 40 Temperance St., Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and .. Administration Committee Meeting commences. 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 amendment, you must submit a written request to the Director of Planning Services at the address shown below. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at i` the Planning Services Department, 3nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Bob Russell at(905)623-3379, extension 341 or by e-mail at brussell@municipality.clarington.on-ca- ow APPEAL If a person or public body that files a notice of appeal of a decision for the proposed amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions r. before the proposed amendment is adopted,the Ontario Municipal Board may dismiss all or part of the appeal. 4aviCrome,Municipality of Clarington this 4th day of April, 2003. M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 an 503 am ATTACHMENT 1 Existing i Proposed Rezoning (H)R2 I (H)R1 to (H)R2 � � � (-- N71'01'20'E � T. 39 19.000 18.000 N M Z z .00 3. O �co MM 80 22 23 o v° 3 �Q0 O O O .9 p ,°O m .rr M — \ Is.000 WO00 LO GOODWIN GOODWIN CO AVENUE Existing I Proposed Rezoning AVENUE (H)R2 1 (H)R1 to (H)R2 18.020 1!.020 1 I OD re)< LPART I. .r r'\ PIN I o .� o W 24 25 26 .�SD 1 10.185 1&020 18.020 18020 7 � J� ISJ01 N71.5630'E 3 LOT 4 4 \ N.W.CORNER PIN 26616-0050 I �— BLOCK I A.P.40014911 SOT 43 BLOCK 132-�� Bowmanville Key Map Subject wil o Site Cr J ZBA 2003-010 AVENUE \N Part Lot Control 0 Block 35 and 36, 18T-*2037 �- "\ R Z s '' Owner: Tow Chester Developments Limited Z curroN ORES. Applicant: Deborah Clarke nr CRES. CRESCENT 3 �� _ uEAOOwV1Ew Bow .. CladnMn REPORT Leading the Way sow PLANNING SERVICE PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 5, 2003 �- Report#: PSD-048-03 File#: ZBA 2003-007 By-law#: �- Subject: ZONING BY-LAW AMENDMENT APPLICATION APPLICANT: BILL QUALTROUGH OWNER: DOROTHEA MAY GUY 5909 MAIN STREET, ORONO, PART LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-048-03 be received; +. 2. THAT the application for amendment to Zoning By-law 84-63, submitted by Bill Qualtrough be referred back to staff for further processing; and om 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. +� Submitted by: Reviewed by. aVd . .0.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer EC*LT*DJC*sh April 29, 2003 ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-048-03 PAGE 2 .r 1.0 APPLICATION DETAILS No Owner: Dorothea May Guy Applicant/Agent: Bill Qualtrough AW Application Details: Rezoning from Urban Residential Exception (R1-2) so Zone to an appropriate zone to permit the proposed use: a single detached dwelling on private services. Area: Approximately 1.4 acres of a 1.86 acre property. 'd 2.0 BACKGROUND am On March 21St, 2003, Bill Qualtrough made an application for a zoning amendment in order to build a house on private services on the vacant property currently owned by Dorothea May Guy, known as 5909 Main Street, Orono. The current zoning, Urban Residential Exception (R1-2) Zone, only permits residential construction when a lot is serviced by a municipal water system. The .., property is not currently serviced by municipal water and there are no plans to extend servicing to the site in the near future. , The area subject to the proposal is located on the east side of Main Street, on a property adjacent to Orono Creek. .r 3.0 LAND CHARACTERISTICS AND SURROUNDING USES The western half of the vacant property, adjacent to Main Street, is flat tableland. The eastern portion of the property encompasses part of the Orono Creek valley. That portion of the property is zoned Environmental Protection (EP) and is not subject to the proposed zoning amendment. The surrounding land uses are as follows: -North: Single family dwelling on private services; -South: Single family dwelling on private services; -East: Orono Creek , east of which are single family dwellings on Davids Crescent; -West: Farm land. 602 REPORT NO.: PSD-048-03 PAGE 3 4.0 PUBLIC NOTICE AND SUBMISSIONS Public notice was given by mail to each landowner within 120 metres of the .., subject property. A public notice sign, visible from Main Street, was installed on the subject property. As a result of the public notification process, to date, the Planning Services Department has received no relevant comments or inquiries. .. 5.0 OFFICIAL PLAN CONFORMITY The Clarington Official Plan designates the western portion of the property, the portion that is the subject of the rezoning application, as Urban Residential. The remaining portion of the property adjacent to the Orono Creek is designated as ` Environmental Protection Area. That portion is also identified as Hazard Lands . Orono Creek is a Cold Water Stream. The application conforms. 6.0 ZONING BY-LAW r Within the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the western portion of the subject property is in a Residential Exception (R1-2) Zone. No building or structure may be erected and no use may be established in the R1-2 zone unless the lot upon which it is situated is serviced by a municipal water system and a private sanitary waste disposal system (...]. The eastern portion is in an Environmental Protection (EP) Zone. The applicant proposes to build in the residential zoned portion of the property which is the area that is the subject of this rezoning request. 603 REPORT NO.: PSD-048-03 PAGE 4 7.0 AGENCY COMMENTS The rezoning application was circulated to various agencies and other departments by the Planning Services Department. The Durham Environmental Health Division has no concerns with regards to this application. log The Ganaraska Region Conservation Authority has no objections to the rezoning as "There is sufficient tableland above the [creek] bank to construct a dwelling and services". lot Comments remain outstanding from the following agency: • Regional Planning and Works Department • Clarington Engineering .r 8.0 STAFF COMMENTS The subject property is the only remaining vacant property in the R1-2 zone on the east side of Main Street between Millson Hill Drive and Taunton Road. In pre- consultation, Durham Regional Works estimated that municipal water wouldn't be provided to the site until 2007, at the earliest. .r Attachments: Attachment 1 - Site Location Key Map err 604 ATTACHMEMT 1 TAUNTON ROAD (REGIONAL ROAD 4) 5995 Ln N Ln LC7 r 7 r7 5989 o 977 Q O CY- 965 c 953 Z ' rn� Lf 5941 42 O ID `. LANDS TO BE EP Limit � 4 DAVIDS 69_j REZONED 5925 °' ° oo "' r`' 1� 68 C.71 67 .� 3 9 r 00 °0 °0 00 38 oo r co 66 l(') '� r0 N 5900 ::�4.. 7 r r r r r r r cn aw 5893 3 CRES. w 65 'S Ln N o rn oo of n N N 0 64 5875 z 63 CK 5861 OTHER LANDS 26 6 •. Q OWNED BY 2b z0 5845 D. GUY 'L�` w 5833 r r y 5821 �9 LiJ N O r ry 5801 5800 V) z_ 5785 .. Q 5771 r,-7 Gn �\ _ MII I r Orono Key Map Q REGIONAL ROAD 4 ZBA 2003-008 .. (TAUNTON ROAD) Ln w - o w Zoning By—law Amendment N O O Y � � a Z rr 5909 Main Street N w a Ui CRES. o 0 0 a Subject < Owner: Dorothea Guy of s Al T. Applicant: Bill Qualtrough fan 605 • Leaden the Wa REPORT g y PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 5, 2003 Report#: PSD-049-03 File#: ZBA 2003-010 By-law#: .. Subject: REZONING APPLICATION APPLICANT: TOWCHESTER DEVELOPMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-049-03 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Towchester Developments Limited, be APPROVED and the by-law be passed as contained in Attachment z and, 3. THAT a copy of this Report and Council's decision be forwarded to the Region of •- Durham Planning Department;and 4. THAT all interested parties listed in this report and any delegations be advised of ,., Council's decision. Submitted by: c Reviewed b ",�, vi . Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer BR/LT/DC/df 28 April 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON .� 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 606 REPORT NO.: PSD-049-03 PAGE 2 1.0 APPLICATION DETAILS +++ 1.1 Owner/Applicant: Towchester Developments Limited 1.2 Zoning: From "Holding-Urban Residential Type One ((H)R-1)" to "Holding-Urban Residential Type Two ((H)R-2)" 1.3 Area: the eastern portions of 63 Goodwin Avenue (Block 35 on Attachment 1) and 64 Goodwin Avenue (Block 36 on Attachment 1) Bowmanville. The more formal description is Part Lot 11, Concession 2, former Town of Bowmanville. 2.0 BACKGROUND 2.1 On March 21, 2003, Staff received a rezoning application from Towchester Developments Limited requesting Blocks 35 and 36 (see Attachment 1) to be placed in the same zone category as the adjoining Blocks 130 and 131 on registered Plan 40M-1852. This would permit the construction of two (2) single detached dwelling units, each having a frontage of twelve metres, similar to the .r abutting lots on Goodwin Avenue. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The blocks in question and all the surrounding lands have a flat topography. 3.2 The surrounding land uses are as follows: North - Vacant South - Separate Elementary School East - Vacant West - Urban Residential - 12m frontage lots 607 REPORT NO.: PSD-049-03 PAGE 3 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the north portion of the draft approved plan of subdivision 18T-82037. In addition, public notice signs were installed on the frontages of the two blocks. 5.0 OFFICIAL PLAN CONFORMITY �. 5.1 The Durham Regional Official Plan designates the subject property Living Area. The application conforms. 5.2 The Clarington Official Plan designates the subject property as Urban Residential. The application conforms. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law, Blocks 35 and 36 are located within a "Holding-Urban Residential Type One ((H)R1)" zoning category. Blocks 130 and 131 on Plan 40M-1852 are within a "Holding-Urban Residential Type Two ((H)R2) .. Zone". Under the Zoning By-law, a zone boundary is considered a lot line. Due to side yard requirements, a dwelling unit cannot be sited on the two lots in question. r 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to Clarington Engineering Services Department. No objections or concerns were raised. w,.. 8.0 STAFF COMMENTS ,,. 8.1 At the time draft approval was issued for the two abutting plans of subdivision, a condition was imposed requiring that Blocks 36/130 and 35/131 be developed jointly to accommodate the construction of two (2) single detached dwelling units. Unfortunately, the blocks were not placed in the same zoning category. As such, a rezoning amendment is necessary to place each block within a zoning category that would permit the construction of a dwelling unit on a property having a �. 608 REPORT NO.: PSD-049-03 PAGE 4 frontage of twelve metres. Staff has no objection to the approval of a Zoning By- ' law Amendment. 8.2 The application is a technical correction to the zoning on these properties. Circulation of the application and public notification did not reveal any objections " or concerns. As such and although it is not common practice, staff would have no objection to the approval of the application as filed. 9.0 RECOMMENDATIONS 9.1 Based on the comments contained in this report, it is respectfully recommended that the rezoning application be APPROVED, and that the amending by-law, be passed as per Attachment 2. r Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment Interested parties to be notified of Council's decision: Deborah Clarke Towchester Developments Limited 177 Nonquon Road, 20th Floor Oshawa, ON L1 G 3S2 Sri .r .w 609 ATTACHMENT 1 Existing 1 Proposed Rezoning (H)R2 I (H)R1 to (H)R2 t— NTr N'20r'E — �( T. 39 16.000 18.000 1&000 o ro co Lo I co co M N 3 3 3 amp Q o p 1 � O M M �O R � -' ►- I- �Q 23 22 Z1 Q0 O O O '�i 0W M z z I O I --J I —� —� v —�a 0 N 1 m z m s _ 1 I I la-OM is o00 i N LO GOODWiN GOODWIN � AVENUE Existing ; Proposed Rezoning AVENUE (H)R2 (H)RI to (H)R2 .r I G _ I&020 "020 \CD N o `PART I, r I r I r O 3 PAN Q O q '-o 0 0 ^- O 0 24 '2 25 0 J' 26 \ I _ %E I 1 10.163 1a020 1&020 1 8,020 NTI.5630'E LOT 44 '�' N.WLOCK 1 CORNER PIN 26616-0050 BLOB 1 R.P.40M4911 1 1 LOT 43 BLOCK 132-�� Bowmanville Key Map Subject Site ZBA 2003-010 CY AVENUE ui Part Lot Control Block 35 and 36, 18T-82037 r OR�N rJ' Li Owner: Towchester Developments Limited � Applicant: Deborah Clarke z CLAYTON CRES. CRES. CRESCENT MEADOWVIEW BLVD - 610 ATTACHMENT 2 40 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 ad WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2003-010; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding-Urban Residential Type One ((H)R1) Zone" to "Holding-Urban Residential Type Two ((H)R2) Zone", as .w illustrated on the attached Schedule"A"hereto. 2. Schedule"A"attached hereto shall form part of this By-law. +w 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 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 ar Patti L. Barrie, Municipal Clerk 611 �- This is Schedule "A" to By—law 2003— passed this day of , 2003 A.D. N71'S1'20"E +. 18.000 18.000 18.000 •'. o 00 Ln ... CO —� Y �q'�'< 23 o N 22 0 � 21 O _f 0 .',a.T�7' Z Z z lo 7. m ..� Z 18.000 18.000 am BLOCK 139 PART PLAN 1, � GOODWIN AVE. 00 (0.3m RESERVE) 4OR-16993 � I z a C) 18.020 18.020 co LPART 1, OO O :•2:•i 3 3 3 o --� 24 25 ° 26 po M po M oo V (—n t7: Z Z Z 1 / L 18.020 18.020 18.020 N71'S6'30"E LOT 44 ® ZONING CHANGE FROM "(H)R1 " TO " (H)R2" ZONING TO REMAIN "(H)R2" ,. John Mutton, Mayor Patti L. Barrie, Municipal Clerk r VENUE r o G° o Q� P� Z M�NON �+ _j D�G o �� OFz RAN r� Of ID Ld � N C-) GRAS' � O Q m Ld z CLAYTON CRES. J CRES. CRESCENT BOWMANVILLE lar-� n REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 5, 2003 Report#: PSD-050-03 File #: ZBA 2003/001 By-law #: SPA 2003/006 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL �- APPLICANT: 1151223 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-050-03 be received.; 2. THAT the application by 1151223 Ontario Limited to remove the Holding (H) (ZBA2003/001) symbol be refused; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: av . Crome, MCIP, R.P.P. ranklin Wu, Director of Planning Services Chief Administrative Officer AR/CP/DC/df May 1, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 _ - 613 go REPORT NO.: PSD-050-03 PAGE 2 .o 1.0 APPLICATION DETAILS ed 1.1 Applicant: Kevin Tunney of Tunney Planning Inc. on behalf of 1151223 Ontario Limited. .w 1.2 Rezoning: Removal of Holding "(H)" symbol from "Holding-General Industrial ((H) M2)" to "General Industrial (M2)". 1.3 Related Site Plan: An amendment to the existing site plan to add additional 6.6 ha (16 ac) outdoor storage areas for salvage vehicles, remove existing shelving, and constructing berms and fencing around the perimeter to permit a salvage auto auction operation on a 10.6 ha (26 ac) site. 1.4 Location: Part Lot 26, Broken Front Concession, former Township of Darlington. 2.0 BACKGROUND 2.1 At the present time, 1151223 Ontario Limited operates a motor vehicle wrecking yard on a 4 ha (10 ac.) site at the south end of Osbourne Road (See Attachment 1). The existing business includes a 552 m2 building, outdoor storage shelving and areas for storage of salvage motor vehicles. In 2002, the applicant built an 1189 m2 building on Osbourne Road on a 1.1 ha area of land for the purpose of multi-tenant industrial uses. rd 2.2 On January 20, 2003, Staff received a request from Kevin Tunney, of Tunney Planning Inc., on behalf of 1151223 Ontario Limited for the removal of the Holding "(H)" provision ,va from an industrial property on Osbourne Road in Courtice. Attachment 1 shows the location of the lot currently zoned "Holding-General Industrial ((H)M2)", "General Industrial (M2)" and "General Industrial Exception (M2-15)". 2.3 On February 6, 2003, the Municipality received an application for site plan approval for a salvage auto auction dealership. The applicant has indicated that it intends to lease 19 614 di No REPORT NO.: PSD-050-03 PAGE 3 am the lands to the firm Copart Inc. (Copart). The operation would utilize the existing am building on site for office, workshop.and auction space. The proposed site plan includes an 8.3 ha (20 ac.) storage area for salvage vehicles to be stored until sold. This storage an area comprises 78% of the total site area. 2.4 On April 14, 2003, the Municipality received an application to amend the site plan for the industrial building to the north. The purpose of this application is to allow the deletion of the stormwater management pond on that site and provide for centralized stormwater controls through the expansion of pond on the current site of the motor vehicle wrecking yard. 2.5 Copart is a salvage auto auction business that operates primarily under contracts from the insurance industry to dispose of wrecked automobiles, trucks, recreational vehicles, and heavy motor vehicles (buses, trucks, tractor-trailers). Copart currently auctions vehicles to auto parts dismantlers, rebuilders, used car dealers, and wrecking yards but in the future are intending to allow the general public to bid. Copart currently operates in approximately 100 facilities in 40 states throughout the United States and currently plans to expand to 125 facilities. As far as staff are aware, this would be the first Copart operation in Canada. Copart is distinguished by having on- line internet bidding so that people do not necessarily have to attend the site to participate in the auction. Copart indicates that approximately 25% of its sales are through on-line bidding. 3. OFFICIAL PLAN The Clarington Official Plan designates the subject lands Light Industrial. Light Industrial „w Areas are primarily for manufacturing, assembling, processing, fabricating, repairing, research and development and warehousing. Light Industrial Areas are located in areas of high visibility and shall be sensitive to and compatible with abutting uses. A key development criterion is that outside storage is limited to 25% of the gross building floor .r area. The proposed development does not conform to the Clarington Official Plan. r„ - 615 im REPORT NO.: PSD-050-03 PAGE 4 Prior to lifting a holding symbol, Section 23.4.3 of the Clarington Official Plan indicates that the following matters have to be addressed and approved to the satisfaction of the Municipality: a) services and municipal works; b) measures to protect natural areas; C) measures to mitigate the impact of development; „ d) submission of technical studies; e) in a Waste Disposal Assessment Area, the matters referred to in Section 4.8.9 to 4.8.12; f) execution of appropriate agreements; and/or g) any other requirements of the Municipality including the implementation of the policies of this Plan. These criteria for the lift of the holding symbol will be reviewed in Section 5.11. .W 4. ZONING BY-LAW on 4.1 Zoning By-law 84-63 zones approximately 7.5 ha of the applicant's lands "Holding — General Industrial ((H)M2)". Most of those lands are the subject of this application. 4.2 Another portion of the site occupied by the motor vehicle wrecking yard is zoned General Industrial Exception (M2-15) which, as a special exception, permits this use. The site of the new industrial building immediately north of the motor vehicle wrecking yard is zoned M2. A portion of the M2 lands planned for a stormwater pond (0.19 ha) will be incorporated into the salvage auto auction business, with stormwater for the entire holdings being handled by expanding the existing stormwater pond on site. 4.3 The Zoning By-law permits a number of non-residential uses in an M2 Zone. It specifically permits a "auction room" which is defined by the By-law to mean "a building or structure or lands used for the storage of goods and materials which are to be sold on the premises by public auction, and for the sale of the said goods and materials by public auction on an occasional basis". If the `H' symbol is removed from the portion of the property now zoned (H)M2, the effect of this definition will be to allow most of the property to be used for open storage purposes for auction items. There is some question as to whether the proposed salvage auto auction operation, which will hold 616 Um REPORT NO.: PSD-050-03 PAGE 5 w auctions on a regular weekly basis, qualifies as being a "public auction on an occasional basis" within the meaning of the Zoning By-law. 5.0 STAFF COMMENTS ... 5.1 The South Courtice Employment Area is located near the new Courtice Water Pollution Control Plant. It is anticipated that the plant will be operational in 2006. With this new plant, water and sanitary sewer services will be extended into the Courtice industrial area and gradually extended northward. This new plant represents an investment of over $60 million of public funds in infrastructure and provides a tremendous opportunity for the Municipality to bring on new serviced industrial lands. r 5.2 The South Courtice Employment Area comprises 129 ha (318 ac.). These lands have 1630 m (6,347 ft.) of frontage on Highway 401. The Official Plan designates the frontage along Highway 401 is designated for Prestige Employment uses and the southerly portion is designated for Light Industrial uses. rim Much of the Courtice frontage on the north side of Highway 401 has developed for dry industrial uses with buildings of low quality architectural design and outdoor storage. As ,m such, this impedes the attraction of more prestigious employment uses seeking higher development standards and controls on outdoor storage. Like other areas in Clarington, ,,,,,, the wide range or mix of industrial uses is not conducive to industries seeking a more prestigious location. 5.3 In anticipation of servicing for these lands within the next 3 years, staff initiated work late in 2002 to undertake a Servicing Review for the South Courtice Employment Area. The objective was to plan for the infrastructure requirements, identify any constraints and prepare a plan for the development of this area as a business park. 5.4 Shortly after receipt of this application, staff indicated concerns with the type of development proposed relative to the vision in the Clarington Official Plan. The Zoning By-law has not been amended to bring it into conformity with the Official Plan. At a meeting on February 12th, 2003, staff indicated that notwithstanding concerns for the 617 REPORT NO.: PSD-050-03 PAGE 6 proposed use, the site plan application would continue to be processed while this matter was reviewed further. At a meeting on March 14th, staff advised the applicant of the servicing review being undertaken for the area but their application would continue to be processed on a parallel track with the broader planning review of the area. By proceeding on a parallel approach, the site plan issues could continue to be addressed. 5.5 As a result of the subject application, TSH was asked to complete the review to a preliminary stage where there could be an understanding of some of the implications of this application. These are as follows: .r • The total costs for municipal infrastructure would be between $18 million and $25 million. The costs of this infrastructure would be shared by the Municipality and all landowners of the Business Park minus the lands which have previously been approved for development (i.e. it is very difficult to-have a mechanism to have existing industries participate in a servicing scheme). Approval of dry industrial uses at this stage increases the development costs for the vacant lands; • Two stormwater ponds are required to provide stormwater management for the east and west halves of the South Courtice Employment Area. The conceptual locations are shown on Attachment 2. Both quality and quantity controls will be required. These storm water ponds would eliminate the need for private on-site storm water ponds such as those existing and proposed on the applicants lands. A subwatershed study needs to be completed to determine the details. Stormwater ponds are typically installed by the first developer with front-ending agreements with other landowners. • The storm sewer system has not been designed at this preliminary stage. However, it is likely that the storm sewer system servicing the lands north of the subject lands would need to be constructed around the salvage auto auctions operation to the storm water pond at considerable additional expense for the upstream developer. • The salvage auto-auction proposal would appear to interfere with the optimum transportation network but the preliminary network will be refined in the next stage of •�► the study. The approval of a dry industrial use in this location may present a difficult financial + hurdle with respect to the equitable sharing of the cost of municipal services infrastructure. As such, this proposal is premature. 618 "0 REPORT NO.: PSD-050-03 PAGE 7 .. 5.6 It is staff's view that the industrial lands in South Courtice could become the premiere °` industrial park for the Municipality. With or without ITER, there are enough locational characteristics including imminent servicing that make these lands critical for future Um economic development initiatives. It is staff's view that the proposal for the salvage auto auction business would be an impediment to attracting key industries that could provide the cornerstone for a new type of industrial setting in Clarington. In light of staff concerns, PriceWaterhouseCoopers (PWC) was retained to provide an assessment of im the feasibility of prestige employment uses in this area with the current development and the implications of the proposal by 1151223 Ontario Limited. The assessment by PWC forms Attachment 3 to this report. 5.7 With respect to prestige employment uses, PWC concluded that Prestige Industrial frontage on Highway 401 should be protected for prestige industrial development. The opportunity to develop Highway 401 frontage is a significant local economic development opportunity. The Region's Economic Plan for the Millennium indicates that Durham must create compelling and distinct places which lever on the Region's existing and emerging key hard and soft infrastructure, target new technology parks and identifies an Eastern Gateway location in Courtice. The South Courtice Employment Area affords the Municipality with the opportunity to establish the preferred land use pattern and standard of development for a prestige or higher order industrial area. The lands exhibit many, if not all, of the requirements for a successful business park. 5.8 With respect to the salvage auto auction operation, PWC concludes that it is better suited to a dry industrial area or a more peripheral location in the General Industrial Area. The expansion of the existing use may seriously impede the Municipality's ability to market and attract investment to the area and should not be permitted. The early stages of development set the tone for further investment and establish a precedent for the area. 5.9 It is staffs view that the salvage auto auction operation would have much the same impact as a motor vehicle wrecking yard. Salvage motor vehicles are stored on site but not stacked. Heavy machinery is used to move the salvage motor vehicles into place. 619 REPORT NO.: PSD-050-03 PAGE 8 There is limited dismantling (broken windows) but fluids are not drained (except employees are permitted to obtain gas from the tanks). Tow trucks and larger trucks enter and exit carrying the salvage vehicles. The Copart standard construction provides for screen fencing to mitigate the visual impact. However, the facilities are much larger rr► than standard wrecking yards. From the information obtained from interviews, it is estimated that more than 2,000 motor vehicles could be stored on site at capacity. In staff's opinion, the salvage motor vehicle auction business does not materially upgrade the type of land use from a wrecking yard and would be perceived by other potential industrial users as an undesirable neighbour, thus impeding the marketing of the South Courtice lands for higher order users. .r 5.10 The applicant indicated that the salvage auto auction business could be considered temporary. He proposed that as services are extended into the area, the business could be relocated and light industrial buildings constructed. Staff do not consider that M' this use will be a temporary use. There is a substantial investment in a facility that makes it unattractive to move unless compelled to by reasons of limitation of size or location. Neither would appear to be the case here. Even after the recent fire, Dom `s Auto Wreckers has indicated that they could not consider moving. 5.11 The Clarington Official Plan provides criteria for lifting the holding provision contained in the Zoning By-law. In staffs view, the lifting of the hold should not be undertaken by virtue of the following: i) the lifting of the holding symbol would not "implement" the policies of the Official Plan but would, in fact, not conform to the policies of the Official Plan; ii) The preliminary Servicing Review indicates that the subject site should drain to a central stormwater pond at the south end of Solina Road. This would eliminate the need for temporary, individual stormwater ponds on each site. A minor watershed plan needs to be completed for the storm water management system for this area, including a financing scheme and the lands acquired to construct the stormwater management facility; Detailed plans and cost sharing arrangements for the extension of municipal services in the South Courtice Employment Area need to be completed. In staffs view the proposal is premature. 620 REPORT NO.: PSD-050-03 PAGE 9 5.12 The Municipality's zoning by-law review has been delayed due to other workload priorities. A draft of the new zoning by-law for Urban Area was completed in 2000. Municipal staff have been focusing on official plan and zoning provisions to implement the Oak Ridges Moraine Conservation Act. These amendments are required to be completed by October 22, 2003. At the same time, staff have been receiving numerous inquiries regarding the South Courtice Industrial Lands for uses which do not conform to the Official Plan vision but in some instances conform to the existing zoning. In order to address this problem and protect these lands, Staff will be bringing forward immediately an amendment to the zoning for the South Courtice Employment Area. 5.13 The Business Development Officer of the Board of Trade has reviewed the opinion of r. PriceWaterhouseCoopers with respect to the potential opportunity of the South Courtice Industrial lands. She concurs that the Municipality needs to protect and market an area of land for higher order industrial users. .. 6.0 RECOMMENDATIONS 6.1 In considerations of the comments noted above, it is recommended that the application by 1151223 Ontario Limited to remove the Holding (H) symbol be refused. Attachments: Attachment 1 - Key Map M. Attachment 2 - South Courtice Industrial Lands Attachment 3 - PriceWaterhouseCoopers Assessment • List of interested parties to be advised of Council's decision: Kevin Tunney Tunney Planning Inc. 340 Byron Street South, Unit 200 Whitby, ON L1 N 4P8 Bill Labanovich 1151223 Ontario Limited 175 Osbourne Road, P.O. Box 195 Bowmanville, ON L1 E 2R3 _ 621 saw ATTACHMENT 1 Lot 26 I I O IQ HM 2 I o O I (H)M2C ` OnIY J I - - _ M2 _ C IO Ot •y +IWI+ cc)(c - r v o I o o I ti M2-15 C \ Y ,; \e p X m 0 I I `�`r as=\ � � c rf► wr Courtice Key Map ZBA 2003-001 HICHWAy 401 Zoning By-law Amendment Subject� Owner: 1151223 Ontario Limited Applicant: Kevin Tunney of Tunney Planning Inc. 622 w ATTACHMENT 2 c c o I o OE O v v 0 0 vNIlos °Q o -v c w o z a 0 3 m •- o C .. '� .0 (n m v Cn J o v v a> C (n p m �0 Q .r O 1HOINNOV4 `h "0 c GV08 3NijnoeS0 Q >- Z Ov v 2 v ¢ U ". •— � o P� =3 _ U t P C c �P� 0 (n CL o I V) �P avo0 j 3oi.LNnoo PRCEWATERHOUSECCOPERS No ATTACHMENT 3 PricewaterhouseCoopers LLP 145 King Street West Toronto,Ontario Canada M5H 1 V8 April 29, 2003 Telephone+1 416 869 1130 Facsimile+1416 863 0926 Direct Tel.416-814-5766 Direct Fax 416-815-5323 Mr. David Crome Director, Planning and Development Municipality of Clarington 40 Temperance Street Bowmanville, Ontario "+ L1C 3A6 Dear Mr. Crome: Re: Assessment of Business Park Potential Highway 401 lands: South Service Road Between Courtice Road and Solina Road w The Municipality of Clarington has requested that PricewaterhouseCoopers LLP undertake a high level assessment as to the feasibility/viability of lands located on the south side of Highway 401 between Solina Road and Courtice Road, with frontage on and access to South Service Road, for higher order industrial uses more particularly prestige industrial. In addition, Clarington has also requested that we review the implications of a site plan application by 1151223 Ontario Limited for lands contained within the study area. ..rr The lands in question comprise approximately 320 acres and have been designated as "Prestige Industrial Area" along Highway 401 and "Light Industrial Area"back to the C.N.R right-of-way. Zoning on the lands include M 1 (H) —Light Industrial and M2 (H) - General Industrial, as well as a number of site specific M2 uses. At present, the lands are largely vacant but for Mannheim Auto Sales and Clarington RPM Auto Wreckers, a smaller dry industrial +w► operations. Full servicing to the area is planned for 2006. In our opinion, to effectively respond to the question of the viability or feasibility of developing these lands for higher order industrial uses, the municipality must first satisfy itself with respect to three issues:. .�r • What is the level of support/demand for prestige industrial uses in Clarington and to a more general extent, Durham Region? r PricewaterhouseCoopers refers to the Canadian firm of PricewaterhouseCoopers LLP and th other member firms of PricewaterhouseCoopers International Limited each of which is a separate and independent legal entity. 621 VW PRICEWATERHOUSECOC)PERS • Do these lands exhibit the necessary attributes to attract the higher order industrial users? • Is the use proposed by Copart Auto Auctions any more problematic than the current use? Will it detract from the development of these lands for Prestige Industrial? With these questions in mind, our work on behalf of the Municipality of Clarington has included: aw • A cursory review of the Region of Durham's investment attraction program as well as efforts undertaken by the Greater Toronto Marketing Alliance, to attract select or targeted industries, including the nature of demand that may result; • A visual inspection of industrial lands along Highway 401 between Pickering and Clarington's existing industrial areas in order to determine the overall quality and availabiliy; .. a A cursory review of Clarington's market position with respect to its ability to attract interest in these lands, including plans for a link to Highway 407 and current servicing plans for the area; • Discussions with representatives of both the Municipality of Clarington and Board of Trade as to the level of interest in prestige industrial uses in the municipality in particular these lands; • A cursory review of relevant Official Plan policies and Zoning Bylaw provisions as it relates to employment area policies, specifically their support of prestige industrial uses; and • A review of the site in the context of the characteristics required for a successful business park,based on our experience in corporate site selection and investment .. attraction. Background—Demand for Industrial land In 2000, the Region of Durham undertook the preparation of an Economic Plan for the Millenium,which was in tended to guide community and economic development efforts for the first 3-5 years of the millennium. While it acknowledged that Durham Region was lagging behind its GTA peers in economic development it also suggested that the Region was poised to benefit from substantial investment in infrastructure and growth. This is particularly ow relevant in light of: 6 25 (2) PWaVATERHOUSECOOPERS Vo • The route location environmental assessment for the extension of Highway 407 eastwards through Durham with north-south connections east of the Courtice urban area due to be completed by 2004 with construction intended to begin thereafter; • The Federal Government's current intent, in conjunction with the Greater Toronto Airport Authority, to proceed with an international airport at Pickering with runway operations due to begin in 2015; and • The creation of the University of Ontario Institute of Technology in conjunction with .r the Durham College campus in North Oshawa with classes set to begin in September 2003. .r It was also suggested that in order to advance growth and economic opportunity in the Region that Durham must create compelling and distinct places which lever on the Region's existing and emerging key hard and soft infrastructure. In particular it suggested that Durham must target the creation of new technology parks built around the conjunction of land base with the Highway 407 link, the 401 and proximity to GM's Autoplex in an"Eastern Gateway" location in Courtice. '► The report also indicated that the challenge of pulling growth to Durham is heightened by the substantial stock of competitive lands available and currently being designated for employment expansion elsewhere in the GTA compared to the much longer time frame to advance serviced industrial lands in Durham. In the context of a shrinking supply of quality, „r serviced industrial lands, it was further suggested that Durham needs to protect its remaining Prestige Industrial frontage on Hwy 401 for prestige industrial development and that careful consideration should be given to applications for other uses of employment lands. In the "► absence of a compelling reason to locate in Durham, competing locations will continue to gain a greater share of GTA employment and investment. .�r Economic development efforts to date in Durham Region have been focused around 7 sectors -Agriculture/Horticulture, Automotive, Call Centres, Energy, Film, Plastics and Tourism. In addition to the efforts of the Durham Region the Greater Toronto Marketing Alliance, which is *r an investment attraction and marketing organization, of which Durham is a member, targets companies/firms in the Information Technologies and Telecommunications, Automotive .r Manufacturing, Manufacturing, Biomedical, Agribusiness and Call Centres sectors. Each industry sector will employ specific and select site location factors to determine a sr community's or a location's "fit"with respect to the proposed investment/expansion opportunity. However, while there are many differences in the requirements of industry, there is also much that they have in common. In many instances what a company will consider in so choosing a location includes: ■ Access to a supply of skilled labour; 40 .r 626 (3) PRICEWATERHOUSECOOPERS w- • Proximity to suppliers or customers; • Clustering of other industries; • Availability of serviced industrial land; "' ■ Access to major highways; • Cost of land and buildings; and • An adequate sized parcel of land. Notwithstanding Durham's efforts to attract investment on the basis of targeted industry �. sectors, the opportunity to develop employment/industrial uses along Highway 401 is seen by many communities as a significant local economic development opportunity. In many instances the focus or target will be on a wide range of industries that require sites with easy VW highway access and the high level of visibility afforded a highway location. In the context of work completed for another assignment we undertook a high-level review of the type of activity that has occurred along Highway 401 between Milton and London, Ontario. The a• results of this review revealed a high preponderance of: ■ Warehouse/distribution/transport companies,more generally defined as logistics firms; too ■ Automotive parts manufacturers ■ Hotels/motels; ■ Large format retail; `" ■ Vehicle &transportation equipment sales; and ■ Manufacturing operations. W. Our visual inspection of the industrial lands along Highway 401 in Durham Region suggests that the same pattern of development is occurring throughout the Durham Region aw communities. What is noteworthy however, is the amount of residential land that has occurred along Highway 401, which overtime has had a significant impact on the amount of available industrial/employment lands. ow While development along Highway 401 in Durham has proceeded, for a variety of historical and cultural reasons largely, on a west to east basis, there is a significant opportunity to 'o contribute to/or create an eastern"gateway"to the Region, which is largely missing at this stage in time. In our opinion, given the long-term timing to advance the development of industrial/employment lands along Highway 407, demand for serviced industrial land with im good or superior access to Highway 401 will continue. While the selection of Clarington site for the proposed ITER development will further contribute to the demand for .. industrial/employment lands in Durham, the development of the Pickering Airport is seen as the catalyst for significant growth in the Eastern GTA. w. 6 27 (4) PRCUATERHOUSECCOPER5 so to Background—Characteristics of Successful Business Parks It is widely recognized that in order to provide for expansion and growth in a community, a municipality must ensure that an adequate stock of serviced industrial land is available that suits both the requirements of existing industry as well as new prospective industries. However, there is more to this matter than simply ensuring that land has been designated for industrial use. The environment for attracting new investment is highly competitive and communities increasingly must give consideration as to whether their industrial/business parks exhibit the key characteristic required to attract new investment. To this end there are several key factors that should influence a community's efforts to advance their industrial inventory. • Full Services • Superior Highway Access • Large Acreage .r • Flat, Well Drained and a Uniform Shape • Multiple Entrance Points • High Visibility • Isolated from Residential Neighbourhoods • Separation of Commercial &Neighbourhood Traffic • Architectural & Landscaping Guidelines In general, Clarington's existing industrial areas do not exhibit the specific characteristics or requirements for a successful business park. That is not to suggest that the areas themselves have not been successful in attracting industry. However, if the intent is to attract a higher- order industrial user and to provide a business park environment that ensures a higher standard .r of development, it may be difficult for the municipality to advance these areas to outside interests given the competitive environment that exists for investment attraction. A further consideration with respect to the existing areas is that over time the industrial areas have a► developed with a wide range or mix of industrial users that have included outside storage users, salvage yards, obsolete or vacant industrial buildings and dry industrial uses interspersed with more prestige manufacturing and office type development. wo The `Courtice lands' afford the municipality an opportunity to establish the land use pattern ad and standard of development for a prestige or higher order industrial area, largely in advance of industrial users to the area. The lands exhibit many if not all of the requirements for a successful business park and benefits from almost 1,630 metres of key frontage along 416 Highway 401 with easy access to the site from the Courtice Road interchange. Over time another interchange is planned to the east with links to Highway 407. As well, unlike many of the industrial areas along Highway 401 through Durham, the CNR rail line runs to the back of to the site and does not impede visibility of the site from Highway 401. .w ,.r 628 (5) p N IcailATERHOUSEC�PERS � l- Of particular importance to the development of these lands will be the timeframe for the servicing. While currently scheduled for 2006, in conjunction with the construction of a sewage treatment plant, a key consideration in the marketing or positioning of these lands will be the timeliness with which full services are provided. Another key consideration or catalyst for the development of this area will be the nature and type of users that initially locate in this area. In our opinion this will set the tone for the attraction of further development and establish a precedent for the area. In keeping with this the corner of South Service Road and Courtice Road should be treated as a key gateway site for any future business park. It is our understanding that the Municipality has had a wide variety of serious development enquiries r. regarding the future development of these lands, including a current opportunity of some significance to the Municipality of Clarington. We appreciate that Clarington is located at the eastern reaches of the GTA, and as such,the type or scale of prestige industrial users that may be attracted to Clarington will not necessarily be of the sort of industries locating in either Mississauga or Vaughan. However, we believe that there is considerable opportunity to attract investment to this area. Many 401 communities as well as jurisdictions like Kitchener Waterloo or Peterborough have benefited from the proximity to the GTA and the labour force it represents. As well, Clarington should be able to provide a lower cost option than many other communities while continuing to offer a high quality of life, access to quality labour force and proximity to GTA. As noted earlier, Clarington has an opportunity to create a gateway location to the Region of Durham ahead of the demand for employment land that is likely to result with the construction of both Highway 407 and the Pickering Airport. In addition, the demand for suitable .. employment lands in the Region coupled with the lack of industrial/employment lands along Highway 401 is resulting in pressure to develop the"lungs of Durham"between Ajax and r. Whitby. As time and opportunity permits it would be prudent to have the Clarington lands positioned ahead of any efforts to open up this portion of Highway 401 to prestige industrial uses. aw Impact of Site Plan Application As noted earlier in our correspondence, one of the key considerations with respect to the oft viability of the Courtice Lands as a business park for prestige industrial is whether or not the use proposed by Copart Auto Auctions is any more problematic than the current use and whether it will detract from the development of these lands for Prestige Industrial. to In our review of the site area we took note of the extent of the Mannheim Auto Sales operation. While extensive in nature at 50 acres,the use is largely innocuous and to the average passerby very much resembles a large parking lot—not dissimilar to a GO parking lot or the nearby GM parking lot. However, the municipality should be mindful of the scale of ow operation going forward. i (6) 629 PRICMIATERHOUSECOOPER5 40 10 The only other significant use in the area is the focus of the site plan application mentioned at herein. As indicated, an existing auto recyling operation, Clarington RPM, is proposing an expansion to the current operation and conversion of the business to a large salvage auto auction area. The existing operation gives the appearance of an auto salvage area, is small in r nature and is fenced which serves to mitigate the view of the operation. As well it is located along the east west extension of Osbourne Road, well away from Highway 401. The effect of the expanded operation however, would be to permit a significant increase in the number of .r salvaged and damaged vehicles/vehicle parts to be stored outside onsite while they wait for direct or internet sale. In our view this type of operation would be better suited to an area designated for dry industrial uses or a more peripheral location within a general industrial area do rather than an area intended for prestige or light industrial uses. We recognize that the proposed business park comprises in excess of 318 acres and that the go uptake and development of these lands will require a long-term commitment on the part of the municipality. We would be concerned however, that the municipality may seriously impede its ability to market and attract investment to the area if it permits further expansion of the ' existing auto recycling operation. While it may be possible to fence and berm the operation in an effort to mitigate the use, the scale of operation at 26 acres is a concern. A further concern .w would be the precedent for the extension of a pattern of development that is not in keeping with the policies or the intent of the municipality's official plan. If the existing use is to continue at this location it would be appropriate to look at ways to further mitigate the use N from properties along the Highway 401 frontage and include provisions in the Official plan that limit the operation at its current size. Further consideration should also be given to including provisions in the Official Plan that designate an area(s) of the municipality for dry .r industrial uses. In our opinion this would help to alleviate problems like this in future where dry industrial uses go into industrial areas in advance of servicing, creating conflicts both from the perspective of land use and marketing with prestige and light industrial users. am As noted earlier, Clarington's existing employment areas comprise a wide range and mix of industrial uses/users. This pattern of development has evolved and changed over time as r demand for industrial land in Clarington shifts and as growth in the Region moves from west to east. In our opinion, the municipality should make every effort to protect the `pristine' g► nature of the Courtice lands in order to afford the greatest opportunity for attracting a concentration of prestige industrial development. In this way the municipality positions itself to be more top mind with respect to investment opportunities to the Region. as .w go U6 630 (7) ... C .. I Findings In summary we have found that: vow ■ Durham's investment attraction efforts are impeded by a lack of available, serviced industrial land. Prestige Industrial frontage on Hwy 401 should be protected for prestige industrial development. Careful consideration should be given to applications for other uses of employment lands ■ The opportunity to develop employment/industrial uses along Highway 401 is a significant local economic development opportunity. This is particularly relevant in .. light of the high level of demand, by a wide variety of industries and industrial users, for sites with easy highway access and the high level of visibility. ■ Given the long-term timing to advance the development of industrial/employment lands along Highway 407, demand for serviced industrial land with good or superior access to Highway 401 will continue. .. ■ The Courtice Lands, represent a significant opportunity to contribute to/or create an eastern "gateway"to the Region, which is missing at this stage in time. ■ The `Courtice lands' afford the municipality an opportunity to establish the preferred .. land use pattern and standard of development for a prestige or higher order industrial area, in advance of industrial users to the area. ■ The lands exhibit many if not all of the requirements for a successful business park and benefits from almost 1,630 feet of key frontage along Highway 401 with easy access to the site from the Courtice Road interchange. ■ The early stages of development of these lands will set the tone for the attraction of further investment/development and establish a precedent for the area. ■ The corner of South Service Road and Courtice Road should be treated as a key .. gateway location for any future business park. ■ The proposed auto auction operation would be better suited to an area designated for dry industrial uses or a more peripheral location within a general industrial area rather ., then an area intended for prestige or light industrial uses. ■ The expansion of the existing use may seriously impede the municipality's ability to market and attract investment to the area and should not be permitted. �» ■ Consideration should be given to including provisions in the Official Plan/Zoning By- law that limit the operation to its current size. ■ Create a new land use category in the Official Plan to deal with and direct dry industrial uses in the Municipality. ■ The Municipality of Clarington's Zoning Bylaw should be amended, to bring it in line with the provisions and policies of the Official Plan. (g) 631 PWaVATERHOUSECOOPERS .o .0 I trust you will find that our remarks adequately address the issues raised in the context of the .i current application and the longer-term approach the Municipality should adopt with respect to the development of these lands. Should you wish to discuss this matter further please do not do hesitate to contact me directly at 416-814-5766. rr Yours truly, r Lauren E. Millier Vice-President +► Real Estate Advisory Services .r fm w .r ar w (9) 632 " arm EP R WAW Leading the way R O PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 5, 2003 Report#: PSD-051-03 File #: PLN 33.4.6 By-law #: Subject: PORT GRANBY PROJECT COMMENTS ON THE METHODOLOGY FOR IDENTIFYING AND EVALUATING ALTERNATIVE MEANS RECOMMENDATIONS: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-051-03 be received; ... 2. THAT this report be forwarded to the Low Level Radioactive Waste Management Office as the comments of the Municipality of Clarington on the draft "Methodology for Identifying and Evaluating Alternative Means", dated March 2003, being undertaken as •. part of the Environmental Assessment for the Port Granby Project; 3. THAT a copy of this Report and Council's resolution be forwarded to the Low-Level - Radioactive Waste Management Office, Natural Resources Canada Energy Resources Branch, and the Port Granby Project Community Advisory Committee. Submitted by: Reviewed b aranklin Da d J rome, M.C.I.P., R.P.P. u, Director of Planning Services Chief Administrative Officer JAS*FL*DJC*sn April 24, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON "" 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-051-03 PAGE 2 1.0 BACKGROUND 1.1 Under an agreement that came into effect in March 2001, the Government of Canada and the Municipality of Clarington agreed to work towards the clean-up and long term management of low level radioactive waste (LLRW) currently located at the Port Granby Waste Management Facility. The Project Description document for the Port Granby Project (the Project), released in November 2001, defines the Project at a conceptual level as essentially consisting of in-situ stabilization of the waste, reflecting a concept adopted by Council in 1999. 1.2 The Environmental Assessment (EA) Scope document for the Project, released in July 2002, sets out the matters that must be addressed in the EA. These matters include technically and economically feasible "alternative means" of carrying out the Project. The Scope document defines alternative means as " ...the various ways, that are technically and economically feasible, that the project could be implemented which are local, are for the management of the wastes over the long-term and are functionally similar to the project as proposed in the project description." 1.3 The LLRW Management Office (LLRWMO), as the Project Proponent, has developed a draft methodology and criteria for identifying and evaluating alternative means to the Project. The methodology essentially consists of screening ideas through filters using evaluation criteria. The criteria to be used in the filtering and comparing of Alternatives are termed Goals and Indicators. 1.4 The Proponent is seeking the community's input on the methodology and the evaluation criteria through various means, including a public workshop held at the Newtonville Hall on March 29, 2003. The Port Granby Project Community Advisory Committee (CAC) has also reviewed the proposed Goals and Indicators. The Proponent will finalize the methodology and criteria once all of comments have been received. 631 +o. REPORT NO.: PSD-051-03 PAGE 3 2.0 PURPOSE OF REPORT '! 2.1 The purpose of this Report is to provide the Municipality's comments on the proposed methodology and evaluation criteria developed by the LLRWMO for the identification and evaluation of alternative means to the Port Granby Project. These comments are indicated in italics in the report. In the preparation of the Municipality's comments, staff drew on advice provided by the Municipality's peer review team, Hardy Stevenson and Associates. This advice generally focused on the suitability of the proposed evaluation methodology. The proposed methodology is shown schematically on Attachment 1 to this report. 2.2 Staff also referred to comments made by the Port Granby Project Community Advisory Committee (CAC) on the proposed goals and indicators that will be used as evaluation criteria. The CAC prepared a memorandum to Council with their comments, which .. forms Attachment 2 to this report. This memorandum indicates the Goals and Indicators proposed in the draft methodology, the suggestions made by the public at the workshop, and the CAC's comments. 3.0 OVERVIEW OF EVALUATION METHODOLOGY "' 3.1 The methodology to identify and evaluate alternative means to the Port Granby Project consists of a series of steps in which ideas are screened through filters, as outlined on Attachment 1. The ideas that remain after each filtering step are redefined to a finer level of detail prior to being screened through the next filter. The evaluation criteria to be used in the filtering steps are called Goals and Indicators. Goals are general requirements that must be met by any alternative being considered. Indicators are derived from Goals and are the measures or criteria used to assess the .,, ability of a particular alternative to meet a project Goal. 3.2 Comments: The title of the document suggests that the methodology only pertains to NN. identifying and evaluating Alternative Means. However, the document describes a process for qualifying concepts for waste management and disposal, of which evaluating alternative means is only a sub-component. A title such as "Methodology for ,. - 635 40 REPORT NO.: PSD-051-03 PAGE 4 the Selection of Concepts for the Port Granby WMF" would more accurately reflect the .r process. to Overall, the methodology for identifying and evaluating alternative means appears sound and logical, and is similar to methodologies used in other federal EA processes. 4.0 STEP 1 (COMMUNITY INPUT, GOALS AND GOAL STATEMENTS) 4.1 The consultation process to receive and review comments on the proposed methodology is considered as Step 1 in the process. This report with the Municipality's comments is considered to be part of Step 1. As well, the goals for the Project, as • expressed in goal statements, are developed in this step. VW 4.2 Goals Goals are general requirements that must be met by any idea being considered through wo the entire evaluation. The Goals proposed in the methodology were drawn from a number of sources, including the EA Scope document and the legal agreement. Four general categories of goals have been identified — technical, community, economic, and environmental. Comments: A separate goal should be created for "human health and safety" While l these factors are closely related to and largely imbedded in the "environment" goal, there may be effects associated with human health that are not relevant to the natural .r environment, and vice versa. A distinct goal for human health and safety will also emphasize its importance in the evaluation process. .r 4.3 Goal Statements The goals have been converted into goal statements that will guide the development of Alternative Means and their assembly into Alternative Concepts for evaluation. Two goal statements are of particular note: • The project must protect human health and safety, and the environment. • The project must reflect community values. 636 .r. REPORT NO.: PSD-051-03 PAGE 5 imp Comments: The first statement should be divided to reflect separate goal statements •- for the environment, and human health and safety. The second statement should be modified to indicate that the project must reflect and fto protect community values and interests. The current wording is too vague and does not give appropriate weight to the importance of community acceptance of the Project. thm am 4.4 Interpretation of Goal Statements WW Both the CAC and the public at the March 29, 2003 workshop provided comments regarding the factors that should be considered in the interpretation and application of aw the goal statements (see Attachment 2). Comments: The Municipality agrees that the suggestions made by the public and the .. CAC on the interpretation of the goal statements, as indicated in Attachment 2, will provide for an appropriate interpretation on the factors to be considered in the interpretation and application of the goal statements. "" It is noted that with respect to the goal statement for "community". the term can be defined at many different levels, both geographically (e.g.: local, municipal, regional, provincial) and in terms of time (i.e.: current residents and future residents). The values and interests of all of these communities must be considered and balanced when making decisions in the evaluation process. 5.0 STEP 2 - FIRST FILTER (THE IDENTIFICATION OF ACCEPTABLE APPROACHES) 5.1 A number of general ideas, called Approaches, have been proposed by various parties including the public and consultants, that address how the Port Granby wastes should be handled. Approaches that have been identified include: a stabilization of the wastes on-site ■ the relocation of the wastes to a new long—term storage facility, and 0 moving the waste to another site elsewhere in Canada. 637 to REPORT NO.: PSD-051-03 PAGE 6 The first filter is intended to eliminate those Approaches that do not conform with the EA Scope. The approaches that remain after the first filter are deemed to conform with the .r► EA Scope document and are called Acceptable Approaches. .�r 5.2 Screening Criteria/Indicators to Identify Acceptable Approaches .r The screening criteria used in the evaluation methodology are called Indicators. They are derived from Goals and are the measures or criteria used to assess the ability of a particular alternative to meet a project Goal. The Indicators used in the first filter take the form of three yes/no-type questions. These questions are designed to eliminate those Approaches that do not meet certain basic requirements, such as conformity with the EA Scope document. A single 'no' will exclude an Approach or Alternative Means from further evaluation. The three questions are indicated in the CAC's memorandum (see Attachment 2). Comments: The three questions are appropriate subject to the following modifications: The first question indicates "local"to be within the geographical area encompassing the Municipalities of Clarington and Port Hope. Although this may reflect the language in the EA Scope, it clearly does not reflect the legal agreement which specifies that the new waste management facility must be in Clarington. The question should be modified to remove the reference to Port Hope. The third question asks if the Approach is functionally similar to the Project Description for Port Granby. The term `functionally similar" needs to be defined (e.g.: using same processes, methods and techniques) to allow the functional similarity between Approaches to be determined. 6.0 STEP 3 (DEVELOP A LONG LIST OF ALTERNATIVE MEANS) 6.1 The Acceptable Approaches identified in Step 2 are broken down into Components. These are the specific engineering techniques, works or systems that are needed to fulfill a certain function. Each Acceptable Approach is composed of several 638 "W REPORT NO.: PSD-051-03 PAGE 7 .,. Components. For example, Components in the in-situ stabilization Approach would include bluff stabilization, groundwater diversion, and the clean-up of existing contaminated groundwater. 6.2 Once the various Components of each Acceptable Approach have been identified, a long list of Alternative Means for implementing each Component will be developed. �. Alternative Means are the different ways that each Component could be implemented. For example, potential Alternative Means for the bluff stabilization Component include a naturalized bio-engineered slope, and a rock-fill slope. 7.0 STEP 4— SECOND FILTER (DEVELOP A SHORT LIST OF ALTERNATIVE MEANS) 7.1 The second filter evaluates the various Alternative Means, which are the different ways r that each Component could be implemented. The filtering will be accomplished in two parts. Each of these parts is discussed in more detail below. The results of this two .f part filtering exercise will be a short list of Alternative Means for each Component. These feasible Alternative Means and the Components they constitute will then be assembled into complete solutions for implementing the Project. These complete solutions are termed Feasible Concepts. Comments: The second filter should be divided into a coarse screening stage and a detailed evaluation stage. The coarse screening can be done initially by expert judgment, while in the detailed evaluation the coarse screened options can be further evaluated in a more methodical manner with a greater level of sophistication. Given the large number of components involved for all of the Feasible Alternatives as well as the large number of alternative means available for each component, this would help to effectively narrow down choices without a lot of unproductive work. w. 7.2 Part 1 - Eliminating Alternative Means The first part of the filter is designed to eliminate Alternative Means that are not technically or economically feasible, or are unlikely to meet regulatory requirements for the protection of human health and safety, the environment or other regulatory requirements. To avoid being eliminated, an Alternative Means must receive a positive 639 to REPORT NO.: PSD-051-03 PAGE 8 answer to a series of yes/no questions grouped under the technical, environmental, and .r economic categories. .r The draft methodology proposed a number of questions under each category. Workshops participants and the CAC were asked if the questions proposed in the so methodology were the right questions, and if other questions should be added to the list. The CAC's memorandum (Attachment 2) indicates the questions proposed in the draft ,, methodology, as well as the comments made at the workshop and the CAC. Comments: The Municipality agrees with the criteria questions proposed by the pubic to at the workshop and by the CAC as indicated on Attachment 2, with the following exception. The third question, under Technical, should be revised to read: "Can this Alternative Means be relied upon to perform as designed with minimal maintenance over the life of the facility? Emphasizing that an Alternative Means should operate with minimal maintenance over 500 years will help to ensure the safety of the facility, the public and the environment throughout that entire period. 7.3 Part 2 — Comparative Evaluation The second part of the filter will be the application of Indicators intended to provide quantitative measures for technical, community, environmental and economic criteria. A matrix comparison approach will be used to compare and rank Alternative Means according to how well they satisfy community, environmental, technical and economic criteria. These steps are more qualitative and do not involve yes/no answers. Each criteria is to be allocated a percentage or a value out of 100 based on its importance relative to the other criteria in the group. .r As with Part 1, the workshop participants and the CAC were asked to rank criteria under each category. The CAC chose to rank the criteria using a 1 — 5 scale, rather than allocate weight out of 100. Their rankings of the Goals and the criteria in the community, environmental, health and safety, technical, and economic categories are rw indicated in their memorandum (Attachment 2). Comments: The criteria ranking as presented in the CAC's memorandum is appropriate •�► for the comparative evaluation to be undertaken in Step 4, with the following exceptions: 640 .r REPORT NO.: PSD-051-03 PAGE 9 ■ Goals ■ the Technical criteria should be ranked as "1'; rather than "2" It is critical that the approach used to manage the wastes over the long term be technically sound. ■ Community Criteria Given the anticipated life of the Project, a new criteria should be added to reflect the potential impact on future residents, and be given a rank of 1. Staff's comments on the proposed rankings have also been indicated on the CAC's memo. 8.0 STEP 5 - OPEN HOUSE .r The Feasible Concepts will be assembled into a Feasible Concepts Report that will document the results of Steps 1 to 4. This report will be presented to the public at an Open House currently scheduled for summer 2003, providing the public with an opportunity to comment on the outcome of the first phase of the evaluation process. Comment: The Open House in Step 5 should be held at a time other than summer 2003. Attendance at public consultation activities and events that are hosted during the summer months tends to be low. Given the importance of the information to be ■■ presented at this Open House, it should be scheduled for a time when residents and other interested individuals are most likely to participate. The Feasible Concepts Report should detail how the various Approaches and Alternative Means were generated, including any that resulted from the public workshops held in June and October 2002. The Report should also clearly identify how each of the Approaches and Alternative Means generated have been dealt with through the evaluation methodology. w. 9.0 STEP 6 — DESCRIPTION OF DETAILED CONCEPTS The Feasible Concepts developed in Step 4 will be described in more detail to become Alternative Concepts. Detailed Concept Descriptions will be developed for each am Alternative Concept and will detail such matters as construction specifications, .. 641 of REPORT NO.: PSD-051-03 PAGE 10 maintenance lifetime, monitoring requirements, technical performance, and cost estimates. Community acceptance will also be addressed. Comment: The Methodology should specify how community acceptance of the Alternative Concepts will be determined. , 10.0 STEP 7 (DETAILED COMPARATIVE EVALUATION) In this step, all of the Alternative Concepts will undergo a detailed comparative evaluation using the information contained in the Detailed Concept Descriptions and the same comparison criteria used in the second filter. The Alternative Concepts that have found to be the most suitable will be identified as Qualified Concepts and will form the basis for project descriptions that will be considered in the EA. It is possible for more than one Qualified Concept to be identified and thus be subjected to rigorous study under the EA. 11.0 STEP 8 — QUALIFIED CONCEPTS REPORT AND OPEN HOUSE The results of Steps 6 and 7, including the detailed comparative evaluations, will be documented in the Qualified Concepts Report. The draft Qualified Concepts Report will be presented to Council and the public for comment prior to finalization. This is expected to occur in winter 2004. 12.0 CONCLUSIONS The proposed methodology for identifying and evaluating alternative means is somewhat complex and difficult for the average person to understand. However, the comments on the methodology and the evaluation criteria provided by the public, the CAC and the Municipality will ensure that the interests of the Municipality and its residents are considered as various ideas for the management of the wastes at Port Granby are evaluated. Attachments .r No. 1 Methodology for Evaluating Alternative Means (Diagram) No. 2 Memorandum from the Port Granby Project CAC 642 REPORT NO.: PSD-051-03 PAGE 11 List of interested parties to be advised of Council's decision: Ms. Sharon Baillie-halo Uranium and Radioactive Waste Division Natural Resources Canada r, 580 Booth Street Ottawa, ON K1 7K8 Mr. Glenn Case, Director Port Hope Area Initiative ,,,W Low Level Waste Management Office 5 Mill Street South Port Hope, ON ow L1A 2S6 The Port Granby Project Community Advisory Committee .. c/o Planning Services Department UW .. am .. ow .. 643 ATTACHMENT 1 rw Methodology for Evaluating Alternative Means Develop List of Approaches from: -Workshop Ideas; STEP 1 OPEN HOUSE -Conceptual Design Report; and -EA Scope Document FILTER TO IDENTIFY FIRST FILTER ACCEPTABLE APPROACHES XX rr STEP 2 ACCEPTABLE APPROACHES wl COMPONENTS STEP 3 ALTERNATIVE MEANS i J FILTER TO IDENTIFY SECOND FILTER FEASIBLE ALTERNATIVE STEP 4 \ MEANS OPEN HOUSE BUILD FEASIBLE CONCEPTS STEP 5 FEASIBLE CONCEPTS .r DEVELOP DETAILED CONCEPT DESCRIPTIONS STEP 6 ALTERNATIVE CONCEPTS DETAILED COMPARATIVE STEP 7 EVALUATION OPEN HOUSE (QUALIFIED CONCEPT(S) STEP 8 �) ■r 644 ATTACHMENT 2 eading the way MEMO TO: Mayor and Members of Council FROM: Port Granby Project Community Advisory Committee DATE: April 10, 2003 RE: Port Granby Project - Comments on Evaluation Criteria for Alternative Means As part of the Environmental Assessment process for the Port Granby Project, the Low-Level Radioactive Waste Management Office (LLRWMO) has developed a Methodology for identifying and evaluating Alternative Means to accomplish the Project. This methodology identifies criteria that will be used to evaluate the various Alternative Means and Alternative Concepts for managing the waste at the existing Port Granby Waste Management Facility. It is important that the evaluation criteria identified in the methodology effectively reflect the community's values. In this regard, the Port Granby Community Advisory Committee is .. providing comments to Council on the evaluation criteria to assist Council in the preparation of its comments to the Low Level Office. The CAC's comments are attached to this memorandum. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 645 w Port Granby Project Community Advisory Committee Comments on the Goals and Indicators of the Proposed Methodology for Identifying and Evaluating Alternative Means Note: Comments proposed by the methodology are indicated in normal front. Goals and indicators suggested by the public at the March 29, 2003 workshop are indicated in italics, and those suggested by the CAC are indicated in bold. STEP 1 — GOALS AND GOAL STATEMENTS 1. Goals • Community • Environmental • Technical • Economic • Human health and safety ; 2. Goal Statements • The project must be technically feasible. • The project must reflect and protect community values and interests .r • The project must be economically feasible • The project must protect human health and safety and the envwonmen • The project must protect the environment. 3. Interpretation Of Goal Statements i) The project must be technically feasible. 1W • Long term (design life of 500 years) • Quality assurance and quality control in design • Able to be monitored and maintained for performance • Robust to withstand impacts (e.g.: earthquakes, erosion, elements) • Apply full range of engineering and scientific expertise • Computer modelling to evaluate soundness of design over 500 years • Capable of providing for retrieval of wastes • Capable of providing for functional end use . w Port Granby Project Community Advisory Committee 646 Memo to Council �- ■ Proven and currently available technology ■ A secure facility -- Community input to selection of peer review team. ii) The protect must reflect and protect community values and interests. ■ Protect human health, environment and way of life ■ Minimize disruption to community, businesses, agriculture ■ Harmonize with the landscape (aesthetics) ■ Ensure community peace of mind Real-time, readily accessible and transparent access to monitoring data .. • Agree to acceptable end use (e.g.: parkland, trails) ■ Ensure community not stigmatized by the presence of new waste facility § No expansion of the waste facility in the future ■ Preserve property values w. 9 Consider local and broader interests. iii) The project must be economically feasible. • Protection of community values, human health and safety, and the environment must take precedence over economic feasibility • No long term burden to community tax payers • Acceptable capital cost and long term management cost ■. Funds provided to deal with malfunctions, contingencies, etc. • Funds provided to address harmful effects on property values vow .. Compensation to the farming community for harmful impacts on farming operations ■ Independent body to deal with compensation claims ■ Provide funds to address communications needs re:perceived threats ■- Efficiency- direct funds to effectively direct issues. Port Granby Project Community Advisory Committee _ L n 7 �.. Memo to Council U `t iv) The project must protect human health and safety and the env#Gwrm-Rt_. • Local and regional, short and long term health protection • Safeguards during construction and operation • Ongoing community reassurances • Protection of worker health and safety • Preventing dispersal of enclosed materials • Extensive monitoring during and after construction ,r • No radioactivity above background levels on-site and off-site after construction if site is to be open to public • No impact off-site during construction • Ensure the quality of ground water and surface use or human use is maintained. ' v) The project must protect the environment. • Bio-physical and social environments • Health of flora and fauna should be protected • Zero tolerance for emissions • No impact on VECs off site, during and after construction • Extensive monitoring during and after construction • QA/QC to ensure protection of Lake Ontario • Consideration of future change (population, land use) • Measures to ensure that there is no contamination of agricultural crops on lands adjacent to the waste management facility • Consideration of local and broader communities • Ensure the quality of ground water and surface water. STEP 2 - FIRST FILTER (THE IDENTIFICATION OF ACCEPTABLE APPROACHES) 1. Is the Approach "local", i.e. is it within the geographical area encompassing the •r Municipalities of Clarington and Port Hope? 2. Can the Approach provide for the management of low-level radioactive wastes and marginally contaminated soils over the long-term? 3. Is the Approach functionally similar to the Project Description for Port Granby? .w Port Granby Project Community Advisory Committee Memo to Council Comments The 3 questions are appropriate. ■ Define "local" to reflect the legal agreement between the Municipality and the Government of Canada. ■ The term "functionally similar" needs to be defined to include same processes, methods and techniques ■ Consider. "Does the Approach have adverse effects outside Clarington/Port Hope? ■ Document the process of elimination. ■ Allow for the evaluation of ideas raised in the future ■ Status of 1978 EA Panel decision and 1999 CCAC report. STEP 4 - SECOND FILTER Part 1 — Eliminating Alternative Means Technical Criteria Questions ■ Questions proposed in methodology 1. Has this Alternative Means been proven suitable for the site-specific conditions at Port Granby? ■- . Some rewording suggested • Include handling procedures ■- 2. Has this Alternative Means been successfully applied at full-scale operation? • Question may be more suitable at comparative evaluation stage 3. Can this Alternative Means be relied upon to perform as designed with minimal maintenance? 4. Can the performance of this Alternative Means be readily monitored and verified? .M ■ Additional questions suggested at workshop 5. Does the Alternative Means require major infrastructure? 6. Can the Alternative Means be implemented in a timely fashion? .. 7. Does the Alternative Means allow for retrieval of waste? 8. Does the Alternative Means rely on overly complex technology or systems? Port Granby Project Community Advisory Committee Memo to Council 649 Environmental Criteria Questions ■ Questions proposed in methodology 1. Is the Alternative Means capable of protecting the environment as specified by Ontario and Canada regulations (e.g.: water quality objectives, contaminated soil guidelines)? • Consider current and proposed regulations/guidelines 2. Is the Alternative Means capable of meeting regulatory requirements to protect human health (e.g.: radiation exposure standards)? • Consider current and proposed regulations/guidelines 3. Does the Alternative Means meet other international guidelines and does it respect international agreements? ■ Additional questions suggested at workshop 4. Does the Alternative Means consider social fairness/equity? 5.. Is the Alternative Means capable of meeting "community comfort"standards? Economic Questions • Questions proposed in methodology 1. Is the Alternative Means economically feasible? • Clearly define "economically feasible" • Additional questions suggested at workshop 2. Is the Alternative Means economically feasible in the long term? • Questions proposed by the CAC 3. Is an Alternative Means that meets environmental and community objectives being prematurely discarded because it is deemed not to be economically feasible? Part 2 — Comparative Evaluation The proposed methodology suggests that the relative importance of the various goals and criteria be determined by allocating points to each, to a total of 100 points. The CAC is of the opinion that ranking is a more appropriate method for determining the relative importance of goals and criteria. The tables presented below indicate the rankings (out of 5) suggested by the CAC, with 1 being the highest ranking. Port Granby Project Community Advisory Committee O Memo to Council ' for GOALS RANKING .. 1, CAC Staff Community 1 Y.. Environmental 1 1 Technical 2 .., Economic 5 40 Health and Safety 1 RANKING COMMUNITY CRITERIA CAC Staff Criteria Proposed by Methodology Ability to return lands to beneficial use 3 Potential to adversely affect adjacent or nearby lands/ Protection of 1 �. adjacent or nearby lands Economic value to local communities 5 Criteria Proposed at Workshop Protection of local ambience (general character of community) .. Degree of disruption to community life (Socio-economic conditions) Disturbance of visual quality of landscape 2 Aesthetic acceptability(Visual effects assessment) Degree of detrimental effects on the community e.g.: truck traffic (socio-economic effects) Local community acceptance r. Broad community acceptance 5 Criteria Added by Staff Potential Impact on future residents NOTE: Checkmark (,4 ) indicates staff concurrence with CAC. Port Granby Project community Advisory Committee - 651 Memo to Council .w RANKING ENVIRONMENTAL CRITERIA _ CAC Staff Criteria Proposed by Methodology Effects on atmospheric environment 1 v Effects on aquatic environment Effects on terrestrial environment 1 Effects on socio-economic conditions Effects on geophysical environment 1 ,, Radiation and radioactivity release levels 1 HEALTH & SAFETY CRITERIA RANKING CAC Staff' Criteria Proposed at Workshop Long-term and short-term health and safety effects on workers 1 ,, UW Long term and short term health and safety effects on the public%ommunity Animals (domestic and farm) 1 �" Visitors 5 TECHNICAL CRITERIA RANKING CAC Staff Criteria Proposed By Methodology Compatibility with site features (Compatibility of Project elements with environmental features on-site) 1 Long term reliability, effectiveness and durability Ease and level of monitoring required to verify performance 1 Experience with implementation 1 .ii Port Granby Project Community Advisory Committee Memo to Council - 65 ? ,,. RANKING ECONOMIC CRITERIA CAC Staff Criteria Proposed by Methodology Capital cost 1 Operating and maintenance costs 1 Cost of future replacement or major repairs in event of failure 1 Criteria Proposed at Workshop/Deleted by CAC Present day versus defe—rm-d rue-sts a. to 40 No aw am .. Port Granby Project Community Advisory Committee _ 653 3 Memo to Council 1 ow • Leading the Way REPORT EMERGENCY & FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MAY 5, 2003 Report#: ESD-005-03 File #10.12.6 By-law# Subject: MONTHLY RESPONSE REPORT — MARCH, 2003 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-005-03 be received for information. Submitted by: Reviewed Michael G. Creightoioj 4AMC .CMM111 Franklin Wu, Director of Emergen Services/Fire Chief Chief Administrative Officer MGC.Ily 901 REPORT NO.: ESD 005-03 PAGE 2 1 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month of March, 2003.It is our intent to provide Committee with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 202 calls in March and recorded total fire loss at $697,400. A breakdown of calls responded to follows in the table attached. *,StandbyJ As indicated in the table attached, Station 1 part-time firefighters were activated eighteen times, and Station 4 part-time firefighters 10 times in March to standby while Pumper 1 and Pumper 4 responded to emergency calls. Also, in accordance with our response procedures,Pumper 4 provided coverage,twice in March, at Headquarters Station in Bowmanville,while Pumper 1 was tied up at an + emergency call. 902 r EMERGENCY&FIRE SERVICES MONTHLY RESPONSE REPORT MONTH YEAR MONTH YEAR ENDING TO ENDING TO MAR/03 DATE MAR/02 DATE CLASSIFICATION 2003 2002 PROPERTY FIRES (Includes structure,chimney,vehicle 13 49 18 45 Miscellaneous e. .furniture,clothing,etc.) UNAUTHORIZED BURNING (Burning complaints) 4 14 5 8 FALSE FIRE CALLS (Includes alarm activations- 25 92 30 86 accidental//malicious,human-perceived emergencies/check calls e.g.investigate unknown odour PUBLIC HAZARD CALLS (Includes propane/natural gas leaks, 20 64 38 71 fuel/chemical spills,power lines down/arcing,C.O.leaks,etc.) RESCUE CALLS (Includes vehicle extrication/accidents, 28 136 49 113 commercial/industrial accidents, home/residential accidents,water/ice rescue MEDICAL ASSIST CALLS (Includes assist to ambulance personnel with 84 280 70 252 respiratory and resuscitation emergencies MISCELLANEOUS CALLS (Incidents not found,assistance not req'd.by 28 73 23 91 other agency,call cancelled on route,etc.) TOTAL CALLS 202 708 233 666 TOTAL FIRE LOSS $697,400 $1,259,650 $376,700 $464,050 NUMBER OF ALARMS BY STATION ST.#1 ST.#2 ST.#3 ST.#4 ST.#5 TOTAL 107 16 10 60 9 202 NUMBER OF STANDBY CALLS BY STATION ST#1 ST#2 ST#3 ST#4 ST#5 TOTAL ' 18 0 0 10 0 28 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 - 903 %W arm n REPORT Leading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE +r- Date: MAY 5, 2003 Report#: CLD-19-03 File #: By-law #: %W 1` Subject: FIREARMS CONCERNS WITHIN THE MUNICIPALITY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee f' recommend to Council the following: w 1. THAT Report CLD-19-03 be received; +w. 2. THAT a committee be formed to address the issues of Hunting with Shotgun versus High powered rifles and the safety concerns of the community; 3. THAT the Terms of Reference and Mandate attached hereto as attachment#1 be • adopted as the Terms of Reference and Mandate for the Clarington Firearms Safety Committee; 4. THAT the Durham Regional Police, the Ministry of Natural Resources and the Ontario Federation of Anglers and Hunters be requested to appoint one representative each to sit on the committee; 5. THAT the Clerk of the Municipality advertise in the local paper for interested parties to 6 join the committee; and 6. THAT a copy of Report CLD-19-03 be forwarded to the interested parties listed for their information. Submitted by: atti me M. T. Reviewed by: Franklin Wu, Y ici erk Chief Administrative Officer PLB*LC*TV*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.:CLD-19-03 PAGE 2 of 4 BACKGROUND On March 31 sc „a delegation appeared before Council to address concerns regarding Public Safety in Clarington". Several Kendal area residents expressed concerns over a group of Coyote hunters that, while in pursuit of their quarry, were discharging high powered rifles. Five citizens spoke to Council regarding their concerns of"unlawful and unethical hunting" and the use of high powered rifles as opposed to shotguns in the Kendal Crown Land. Six delegates spoke to Council regarding the state of wildlife in the area, the legal use of firearms in pursuit of specific quarry, and the impact of Coyote predation upon local livestock. A spokesperson for the Ontario Federation of Anglers and Hunters informed Council of Federal and Provincial Laws that regulate the use of firearms and the restrictions on hunting. A spokesperson from the Ministry of Natural Resources, the department responsible for the Kendal Crown Lands spoke of the recreational outdoor activity uses at that site. The Ministry of Natural Resources spokesperson also informed Council that they have full jurisdiction at the Kendal Crown land site regarding any illegal activities as they pertain to hunting and trespassing, and all calls from the public should be directed to them and not the Municipality. ISSUES Within the geographical boundaries of Clarington there exists an urban and rural area. At the , present time the Municipality is experiencing growth in development in the urban area. While the rural portion of the Municipality is dominated mainly by Agricultural uses there is a limited expansion in this area as well, consisting mostly of estate residential properties. The question that exists is one of expanding recreational uses (hiking, skiing) versus traditional recreational uses (hunting). Can both co-exist in the remaining rural areas? By-Law 2001-098 which regulates the discharge of firearms sets out conditions whereby a firearm may be discharged within the Municipality. The by-law regulates what type of firearm may be discharged (a calibre not greater than .275), on what type of land it may be discharged (Agriculture and Environmentally Protected) and the setbacks that are required (300 metres)to i. REPORT NO.:CLD-19-03 PAGE 3 OF 4 discharge a firearm. The 300 metre buffer zone was also implemented around public centres, • ie. schools, community centres and churches. HIGH POWERED RIFLE VERSUS SHOTGUN A high powered rifle is defined as a shoulder-fired weapon utilizing a relatively high-velocity round. They are capable of accurate fire out to a few hundred metres. The term rifle derives from the rifling of the barrel. Rifling is typically helical ridges formed on the inside of %W the barrel through hammering or drawing. As the projectile engages the rifling it imparts spin. The spin stabilizes the flight of the projectile once it has left the barrel, giving it greater precision over long distances. A shotgun is a shoulder-fired weapon. Most have barrels with smooth bores and fire loads of t' multiple lead or steel shot. Shotguns are found in hunting, target shooting, military, police, and "" self-defence applications. Shotguns can also fire slugs (a single large projectile)from smooth or rifled barrels. Shot is effective to about 40 metres or less. Slugs are effective out to about 100 metres or less. Shotguns are usually used at the shorter end of these ranges. There exists within the Municipality various hunting seasons when either type of firearm may be used in pursuit of game animals. The season and type of firearm used is regulated by the Ministry of Natural Resources, and enforced by Conservation Officers. The only type of hunting allowed within the Municipality that a high powered rifle can be used is for small game animals such as foxes, coyotes, rabbits, hares, and raccoons. The Ministry of Natural Resources also restricts the calibre of rifle in the Municipality to no greater than .275. COMMENTS Following the delegations on March 31, Council passed a resolution that a committee be formed to address the issue of safety and the use of shotguns versus high powered rifles. Staff suggest that the committee be comprised of interested parties from the following areas: Durham Regional Police (One representative) Ministry of Natural Resources (One representative) Ontario Federation of Anglers and Hunters (One representative) One local farmer 1103 REPORT NO.:CLD-19-03 PAGE 4 OF 4 One licensed trapper Three citizens from the Municipality One member of Council One member of the Municipal Law Enforcement Division. Following the advertising period, applications will be forwarded to Council for the Committee appointments to be made. ATTACHMENT #1: Terms of Reference and Mandate for Committee Interested parties to be advised of Council's decision: Glenn & Karen Flim Norm Monaghan 6143 Hillen Road 427 Trent Valley Road R.R. #1 R.R. #4 Kendal, ON LOA 1 EO Brighton, ON KOK 1 HO Greg Farrant, Government Relations Manager Ontario Federation of Anglers and Hunters P.O. Box 2800 Peterborough, ON K9J 81-5 John McKelvey John Almond 1411 Regional Road 42 Ministry of Natural Resources Bowmanville, ON 50 Bloomington Road West L1 C 3K5 Aurora, ON L4G 3G8 Arnot Wotten Detective Craig Greentree 1933 Concession Road 6 16th Division, Durham Regional Police Department R.R. #1 Regional Road 57 Hampton, ON LOB 1 JO Bowmanville, ON Richard & Florence Stephenson Eric Atkins 4346 Concession Road 6 4334 Concession Road 6 Kendal, ON Kendal, ON LOA 1 EO LOA 1 EO Keith Worden Bill Grealis, Vice President 32 King Street East Union Rod and Gun Club Oshawa, ON L1 H 1 B3 3796 Concession Road 3 Newcastle, ON 1-113 11-9 1104 1r. Attachment No. 1 to Report CLD-19-03 TERMS OF REFERENCE �r. CLARINGTON FIREARMS SAFETY COMMITTEE v 1. MANDATE The Clarington Firearms Safety Committee shall advise and assist the Municipality in •• reviewing current Municipal by-laws related to the use of shotguns and high powered rifles and addressing the safety concerns of the community. 2. COMMITTEE COMPOSITION The Committee shall be composed of a representative of each of the following: Municipal Law Enforcement Division Municipal Council Durham Regional Police Ministry of Natural Resources Ontario Federation of Anglers and Hunters One local farmer One licensed trapper Three citizens from the Municipality The Durham Regional Police, the Ministry of Natural Resources and the Ontario Federation of Anglers and Hunters will be requested to appoint a representative to the committee. The representatives of the farming community, the licensed trapper and the three citizens shall be appointed from a list of applicants submitted to Council for selection. 3. COMMITTEE CHAIR A Chairperson to preside over meetings and Committee business will be elected from Committee members at the first meeting. The Council representative shall chair the first meeting of the Committee. 1105 Terms of Reference—Clarington Firearms Safety Committee 4. DUTIES OF THE COMMITTEE The Committee shall review the Municipality's current by-laws related to the use of shotguns and high powered rifles and the safety concerns of the community. The Committee shall make such recommendations as it sees fit for possible changes to the Municipal by-law. The Committee may also, at its discretion, make recommendations and representations for appropriate changes to provincial legislation. The Committee shall present a final Report to Council for its consideration. 5. ABSENCES If a committee member is absent for three consecutive meetings, they are deemed to have forfeited their membership unless their absence is justified. In the event of a vacancy, Council may appoint a person to fill the forfeited membership. a 6. COUNCIL ROLE Council may review the composition of the Committee to ensure that it is representative of the community and is working effectively. Council can, with or without the advise of the Committee, make changes to membership composition to ensure the Committee's effectiveness. 1106 low arm n Leading the Way REPORT CORPORATE SERVICES DEPARTMENT L Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE bw Date: May 5t', 2003 V Report #: COD-013-03 File # By-law# t L Subject: Tender CL2003-9, Electrical Services Recommendations: L It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-013-03 be received; 2. THAT George Moore Electric, Bowmanville, Ontario, with bid prices of $30.00 per hour for Journeyman Electrician and $15.00 per hour for Journeyman Electrician's Helper be awarded the contract to provide Electrical Services, as required by the Municipality of Clarington; and 3. THAT the funds expended be drawn from the various Current Budget Accounts. L Submitted by: - �� Reviewed b� aJ� "-Marie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer f Fred Horvath, RD R, RRFA, Director of Operations 4 MM\FH\LAB\1km 1 ,. rte. _r•-.r r ^r..,,r�r- r',r^, f` } n•- REPORT NO.: COD-013-03 PAGE 2 BACKGROUND AND COMMENT Tenders were ubli I p c y advertised and invited to provide Electrical Services as required by the Municipality of Clarington for the period of May 2003 to April 2005. Subsequently, tenders were received and tabulated as per Schedule "A" attached. The bid prices represent a zero percent (0%) increase in the hourly rates over the 2000 tender prices. The required funds will be drawn from the various years Current Budget Accounts. Note, although the material cost for George Moore Electric is slightly higher than that of the other bidders, the actual cost difference is difficult to quantify as each contractors "cost" may be different. For the information of Council, the Municipality of Clarington paid approximately $39,000.00 to George Moore Electric for Electrical Service's during 2002. This is comprised of approximately $18,000.00 for labour and $21,000.00 for parts. George Moore Electric has previously provided satisfactory service to the Municipality of Clarington. After further review and analysis of the bids by Purchasing and the Operations Manager, it is respectfully recommended that George Moore Electric, Bowmanville, Ontario, be awarded the contract to provide Electrical Services to the Municipality of Clarington, as required. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1, 202 L • L Leading the vVay Municipality of Clarington SCHEDULE "A" L BID SUMMARY TENDER CL2003-9, ELECTRICAL SERVICES BIDDER RATES George Moore Electric Electrician $30.00/ hour Bowmanville, ON Helper $15.00/ hour Material Cost 25 % Min. Charge Rate $30.00/call Overtime Rates Electrician $45.00/ hour Helper $22.50/ hour L Min. Charge Rate Bert Snowden Electric Electrician $45.00/ hour Bowmanville, ON Helper $20.00 / hour Material Cost 15 % Min. Charge Rate $45.00/ call Overtime Rates Electrician $67.50/ hour Helper $30.00/ hour Min. Char a Rate $45.00 Abacus Electric Electrician $39.50/ hour Bowmanville, ON Helper $19.50/ hour Material Cost 15 % Min. Charge Rate $65.00/ call Overtime Rates Electrician $59.25/ hour Helper $29.25/ hour L Min. Charge Rate I L 1203 OTHER BUSINESS MUNICIPALITY OF CLARINGTON GENERAL PURPOSE AND ADMINISTRATION COMMITTEE RESOLUTION # DATE MAY 5, 2003 MOVED BY SECONDED BY WHEREAS the Municipality of Clarington recognizes that the fitness industry, as a local small business is at a disadvantage when directly competing with organizations that do not pay the taxes that form a significant part of the small business owner's operating expenses; WHEREAS the Municipality of Clarington does not feel it is in the best interests of its residents to complete with the fitness industry who are meeting the needs of the community; WHEREAS the Municipality of Clarington is committed to responding to opportunities for business retention and attraction; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington hereby advised the local fitness facility owners that it will not enter into direct competition with the local fitness industry in new facility construction; and THAT the Association of Municipalities of Ontario be advised of Council's decision, and be requested to forward the resolution to the member municipalities for their consideration. HANDOUTS/CIRCULATIONS GPA Light Pollution Issues and Solutions May 5, 2003 Municipality of Clarington GPA Committee Outline Components of Light Pollution .i Environmental Effects -i Good and Poor Lighting Examples �j Evaluating Lighting �j Initiatives .j Planning Tools Outdoor Lighting See at night Safety Utility Aesthetics r-e Not all lighting is good lighting �/ Quality rather than quantity Understanding the Problem Excessive illumination .� Unnecessary illumination .� Unshielded light fixtures : i Misaligned light fixtures �j Inefficient lamp sources .j Lack of awareness Components of Light Pollution Glare Light trespass ■ property and natural areas �Lj Excessive wattage �j Clutter and nuisance J Sky glow Components of Light Pollution Da Upward Upward Light : ` Reflected Light P- 7�77, Spill Light r 3 Direct 'f it Useful Light x Lim Trespass Environmental Effects -i Wasted energy production Unnecessary greenhouse gas production � Exacerbate climate change Disruption to biorhythms (flora, fauna, human) Negative aesthetics �j Negative impact on rural character �j Loss of night sky value World at Night No light pollution i MENEM Extreme light pollution nrth America at Niaht I 4 - M Great Lakes Area at Night No light pollution = Extreme light pollution •l [ • [ : •16:1=.'10 [ •I :.We D • Good & Poor Lighting Lights recessed flush under gas station canopy Unshielded lights throwing glare and light trespass on adjacent house Good & Poor Lighting Shielded light fixture No glare Better visibility Unshielded light fixture Glare Impeded visibility Good & Poor Lighting Unshielded Note intensity of light on house Shielded Note light on ground is unaffected Good & Poor Lighting Unshielded and poorly aimed lights from this neighbouring use . . . trespass onto this property Good & Poor Lighting Billboard lit from below Spill of wasted light Billboard lit from above Can also help to light amenity area below Good & Poor Lighting Excessive illumination (from light source outside Df top edge of this image) prevents street light (on pole in left of image) from turning on , and causes significant light trespass Dn adjacent uses. Good & Poor Lighting Without skyglow The sky the way it is meant to be seen Protection of natural heritage Typical view from urban area Skyglow washes out view of night sky Principles of Good Lighting Amount suited to task "ON " only when needed ■ timers and motion sensors Direct below horizontal plane Light from above not below �j Energy efficient lamps • Low pressure sodium �Lj IESNA lighting levels (handbook) Evaluating Existing and New Lighting Does it need to be lit? For what purpose? � To what lighting level (illumination) ? �j Use of full cut-off (FCO) fixtures Light trespass? �j Glare? �j Right kind of bulb? Lighting Fixtures Compared Roadway Facade Area/Parking Lot Beware of any lens sagging below fixture housing Good (FCO) Lighting Fixtures Compared Sports Field Historical Good ( FCO) Poor , t IF Lighting Fixtures Compared Rural/Farm Residential Good (FCO) Poor " Model " Lighting An exemplary use of good lighting . Adjacent houses are not affected by light trespass " Model " Lighting Only the area needing to be lit is lighted , and there is no light spilling into adjacent areas. Note lack of glare. Good urban design . " Model " Lighting Note use of FCO lights on facade. Residential uses to the left are not affected by light trespass or glare. Amenity area is very well lit and is appealing . " Model " Lighting This is a view from a municipal park adjacent to the building . Note the effective use of FCO lighting on the building , and that there is no light spilling into the park. Local Initiatives J City of Oshawa Taunton Road full cut-off (FCO) fixtures v FCO for new/replacement fixtures V " Encourage" development community J City of Pickering Good OP policy Some FCO in downtown Whitby, Clarington Some FCO Regional Initiatives :-j Light Pollution Abatement workshop -i Arterial Road Corridor Design Guidelines i Consideration of "lighting" in OP review Provincial/Federal Initiatives I i New Municipal Act Infrastructure funding ■ municipal energy efficiency programs ■ mitigate greenhouse gas emissions ��j Torrence Barrens Dark Sky Reserve New Municipal Act Regulate outdoor illumination Includes indoor lighting that can be seen outdoors J By-law shall not cause : ■ lights off while use conducted ■ signs off while open to public ■ lights off for emergency, safety, etc. � Can still regulate w/o requiring lights off ■ i .e. require FCO, maximum lighting levels Planning Tools OP Policy Conditions of DA ■ non-residential plans Site Plan Control ■ illumination plan Outdoor illumination by-law ■ glare ■ light tres pass ■ only FCO permitted/prohibit unshielded fixtures ■ no "uplight" ■ IESNA standards for maximum lighting levels i ViTkal ti Resources � CD ■ This presentation ■ Outdoor Lighting Code (by-law) Handbook ■ Lighting in the Countryside ■ Area Municipal OP Extracts ■ Other fact sheets Links to other resources ■ IESNA Handbook ■ Outdoor Lighting Manual ■ Aesthetics of Parking ■ Web sites Light Pollution Q & A .� Discussion Presentation to Purpose and Administrative Committee Assessment of Business Park Potential Purpose of the Report • To determine the level of demand for prestige industrial uses in Clarington ; • To determine whether the land has the necessary attributes to attract higher order industrial ; • To determine the implications of the site plan application by 1151223 Ontario Limited . Our Approach • A review of Durham's GTMA investment attraction programs; • Visual inspection of Clarington industrial areas; • Discussions with Board of Trade and Planning Department; • A review of the Official Plan and Zoning Bylaw; • Assess "Courtice Lands" for business park potential . Key Findings • Durham's investment attraction is impeded by a lack of serviced industrial land ; • Opportunity to develop employment/industrial uses along Highway 401 is a significant opportunity; • The "Courtice Lands" represent an opportunity to create an eastern gateway to the Region/GTA; • The Lands exhibit many of the requirements for a successful business park; Key findings • The early stages of development of these lands will set the tone for attracting further development; • The proposed salvage auto auction would be better suited to dry industrial or general industrial use designation; • The expansion of the existing use may seriously impede Clarington's ability to attract and market higher order industrial uses to the area. Recommendation: • That the municipality create a new land use category to direct dry industrial uses in the municipality; • The the Zoning By-law be amended to bring it in line with the provisions and intent of the Official Plan ; • That the proposed application for the expansion of the salvage auto operation not be permitted . DEVELOPMENT APPLICATIONS FOR PUBLIC MEETING UNDER THE PLANNING ACT GENERAL PURPOSE AND ADMINISTRATIVE COMMITTEE MEETING DATE: May 5, 2003 The purpose of today's Public Meeting is to provide the opportunity the public to voice your comments on the development applications as submitted by various property owners. The procedure for the Public Meeting is as follows: 1. The Director of Planning Services will certify the notification requirements of the application and then provide an explanatory note on the application. 2. 1 will ask the objectors to come forward first, then followed by supporters, with the applicant speaking last. 3. Every person that addresses the Committee is required to enter your full name and mailing address on the registrar to your right after you have spoken. 4. We are required to advise you that in the event you decide to appeal a decision of Council you must make a submission to Council before the decision is made, otherwise, the Ontario Municipal Board may dismiss your appeal without a hearing. A. The order of applications that will be heard today are: (note to chairperson, this statement is not applicable if there is only one application.) 1. Application: ZBA 2003-008 Applicant: Bill Qualtrough 2. Application: ZBA 2003-010 Applicant: Towchester Developments Limited B. Now I would ask the Director of Planning Services to explain how and when notices of today's meeting were given. • The Planning Services Department sent public notice for the rezoning applications, by first class mail on or before April 4 , 2 003 to all property owners w ithin 120 m etres o f t he s ubject p roperty i n a ccordance w ith t he latest municipal assessment record. Public notices were also posted on the properties in question on or before April 4, 2003. The notice procedure followed is in compliance with Ontario Regulations made under the Planning Act. 2, DEVELOPMENT APPLICATIONS FOR PUBLIC MEETING UNDER THE PLANNING ACT Are there any questions concerning the manner notices were served? C. Now we proceed to deal with each of the applications. The Director of Planning Services will talk about the process and describe each of the proposed applications. Director of Planning Services 1. Today's public meeting is only part of the public consultation process. Committee.will not make any decision today. The application will be referred back to staff for further processing and review. Staff will prepare a subsequent report on the application for the consideration of Committee at a later date. Those who have appeared as a delegation today will be notified as to when the application will be brought back for Committee's consideration. If you have any questions regarding the application, please contact the Planning Services Department for further information. 2. Application: ZBA 2003-008 Report No.: PSD-048-03 Applicant: Bill Qualtrough b) Location: The subject property is located on the east side of Main Street, Orono within Part of Lot 28, Concession 5, Township of Clarke. c) Purpose and Effect: The purpose and effect of the application is to permit the construction of a dwelling unit on private services. 2.1 Objectors - Is there any person who wishes to speak in opposition or to express any concern regarding this application? i) Name: Address -3 DEVELOPMENT APPLICATIONS FOR PUBLIC MEETING UNDER THE PLANNING ACT Concerns: ii) Name: Address : Concerns: 2.2 Supporters - Is there any person who wishes to speak in support of this application? i) Name: Address : Concerns: 2.3 Applicant: - Is the applicant/agent present? Do you wish to address the Committee? If so, please come forward. i) Name: Address Concerns: 4, DEVELOPMENT APPLICATIONS FOR PUBLIC MEETING UNDER THE PLANNING ACT 3. Application: ZBA 2003-020 Report No.: PSD-049-03 a) Applicant: Towchester Developments Limited b) Location: The property is located at 63 and 64 Goodwin Avenue, Bowmanville. c) Purpose and Effect: The purpose and effect of the application would permit the construction of two (2) single detached dwelling units, each having a frontage of 12 metres. 3.1 Objectors - Is there any person who wishes to speak in opposition or to express any concern regarding this application? i) Name: Address Concerns: ii) Name: Address Concerns: 3.2 Supporters - Is there any person who wishes to speak in support of this application? i) Name: Address : 5" DEVELOPMENT APPLICATIONS FOR PUBLIC MEETING UNDER THE PLANNING ACT Concerns: 3.3 Applicant: - Is the applicant/agent present? Do you wishes to address the Committee? If so, please come forward. i) Name: Address Concerns: D. If any person who has not spoken and wish to receive further notice when these applications are to be dealt with by the Committee in subsequent meetings, please leave your name and address with the Clerks Department before you leave. The Public Meeting portion of the agenda is now completed. - May 5'h, 2003 - BACKGROUND - SUPPORT FOR ZONING BYLAW AMENDMENT ON _ 5909 MAIN STREET ORONO (A SINGLE FAMILY RESIDENTIAL BUILDING LOT 120 FEET x 674 FEET BEING APPROX 1 .8 ACRES) APPLICANT: QUALTROUGH - OWNER: GUY s ti � I�L�i�lli��'h ti���h�ll�la��ii��b`�9 �rvavY*8rf 4j "'y ^l ; �wr rr r� r r'I � III r d. IN jj�j �� 3y v i , go v > s Y May 5t", 2003 I have been asked by both, the present owners and the hopeful new ., owners, of this last available single family residential building lot on main street, Orono to speak on their behalves and respectfully request from Council, leniency in matters relating to the numerous and costly studies often associated with a rezoning application. INTRODUCING THE GUYS The Guys are the present owners of this residential lot, and have owned this lot since 1967. In the early 1980's an earlier council rezoned many Orono village lots to require municipal water, prior to the issuance of building permits. The Guys have always understood their lot was exempt from this requirement, as theirs was a pre-existing lot, created prior to the 1984 bylaw. The Guys are now both elderly and retired. Recently Mrs. Guy has been diagnosed with Aggressive Squamous Cell Carcinoma and Non- " Hodgkin's Lymphoma. The Guy's have an immediate need to sell their lot in Orono. Without the mercy of Clarington council, the Guys will be faced with numerous rezoning issues and reports, that will effectively cost the Guys many thousands of dollars, and quite possibly many months of delays, at a point in their lives when time and money are short. .. r INTRODUCING THE QUALTROUGHS The potential buyers of the Guy's lot are the Qualtrough Family. - The Qualtroughs have a handicapped, but growing son who urgently requires a home with wheelchair access and mobility. The Qualtroughs currently reside in a large 2-story 100 year old home in Orono, that is unable to be adapted to wheelchair use. It is difficult and increasingly dangerous for the family to carry their growing handicapped son up and down the stairs, in their present home. Over the past several years the Qualtrough's have been looking unsuccessfully, for a home in Orono to accommodate their unique requirements. The Qualtroughs would like to build a wheelchair .. accessible home on the Guy property, in an effort to keep their family in Orono, and minimize the disruption to the educational and social lives of their other two young sons. The Qualtroughs are young active members of the Orono community volunteering on many boards and committees and organizations for the - benefit of the entire community. Bill senior has been coaching soccer and hockey teams in Orono for the past four years. Heather is the ., beaver leader, & Orono Play Group president, and an important volunteer at the Orono Public School for the past 4 years. In her spare time Heather and her boys participate in the Orono fair competitions swimming lessons art classes, and contribute to many other aspects of life in Orono. The Qualtroughs are valuable members of the Orono community. The Qualtrough's want to remain in Orono... but the Qualtrough family requires as soon as possible, specialized wheelchair housing to suit the - needs of their family. Every young family is financially challenged today, but please consider the additional financial obstacles of the Qualtrough Family, as they care for their one handicapped son and his two other brothers. Today, Council has an opportunity to either demand the Qualtroughs allocate their limited financial resources to a host of costly planning studies, that will only enrich consultants, planners, and engineers and may add many months to the rezoning process.. . or on the other hand Council can allow the Qualtroughs to re-direct their limited resources to - the growth and enrichment of each of their 3 sons and the community of Orono. A Letter of Support is attached, and has been signed by all other Main Street Orono property owners, on properties currently serviced by private wells, to ensure Council is aware that the immediate neighborhood community fully supports the application to rezone and permit the construction of a new family home for the Qualtroughs. Council's decision to reduce the consultants reports associated with this re-zoning application would be fair, reflect good planning, and benefit the families of the Guys, the Qualtroughs, the property owners living around this lot, and the Orono Community. Respectfully: David Burns assoc brkr ' Re/MAX Eastern Realty Inc 40 Valley Dr Millbrooke LOA 1 GO April, 2003 r To Whom It May Concern: - We, the undersigned are writing in support of Bill and Heather Qualtrough's application to rezone lot #5909 Main Street, Orono. We have no concerns do regarding a home being built on this residential lot, or with the lot being rezoned to accommodate a well. .. Sincerely, 7 S N'l_ LuU �� Chi -- r 'PIP �-L'l1Al 211 C'r le" I _L- L' v !f ✓_�'/��.�le1J �'�L .G -� .� ,/../ _�E�s ' _r ' f9 ti Qi 1` Car I f � /�CcRAe A`(1_ A944 2z� 517.E KCL St Me, Ha(+\k) cxy .. do .r I. Sandra& Roland Topper 5925 Main St. Orono, Ontario .r LOB 1 MO 905-983-8162 May 1, 2003 To: The Mayor's Office The Municipality of Clarington We are very pleased, and have no objection with respect to having Bill &Heather Qualtrough purchase the lot next to ours for the purpose of building a family home. This is an ideal piece of property for the needs of this family. Sincerely, /17 ' / Sandra& Roland Topper r VJ/1//VI) VV-4Z rAA 4DV 144 1004 A/M UA113U3U1V l.UlV Vt',YA1V l.11VU 1JUUL an Leonard F.Guy Dorothea M.Guy 3285 Weald Road, Victoria B.C. V8R 6E4 17 March,2003 Council of the Municipality of Clarington Subject Re-zoning of 5909 Main Street, Orono,Ontario, LOB 1 M0,from R1 2 to R1-13 Concession 5 Pt. Lot 28 , Mr.Mayor,members of Council. In September 1967, my husband and I bought two adjoining lots on the East side of Orono Main Street Both lots were zoned Residential (R1) permitting the erection of a single family home .. using private water and sewage services. We built a family home on the north lot and held the south lot, registered separately in my name,for future development. Over the years the Zoning bylaws have changed several times but the most significant change took place in 1984 when By-law 84-63 came into being. This event followed a great deal of fanfare by the Council of the day about the need to extend the public water supply as far as, or beyond, the Taunton Road. As a result, all un-serviced properties in Orono were rezoned to R1-2 Urban Residential Exception. This effectively halted any further development of these properties by ,,. requiring the use of, as yet unavailable, public water services. Nothing published at that time prepared anyone for the fact that a quarter century might pass before the promised public supply became a reality. When we reviewed this new By-law, we were encouraged by the fact that the Municipality was planning to extend the water main past our property.in addition,the new By-law, like all previous By-laws, contained legal non-conforming clauses, Section 3.5(a) and Section 12.3(c) which appeared to protect our right to continue with the original plan to build using private services if public services did not become available. Section 3.5(a)of the Bylaw states "a. LEGALLY NON-CONFORMING BUILDINGS AND USES The provisions of this By-law shall not apply to prevent the use of any lot, building or r structure for any purpose prohibited by this By-law If such lot, building or structure was lawfully used for such purpose on the date of the passing of this By-law, so long as it continues to be used for that purpose." In the previous paragraph,the word"USE"is pivotal and is defined thus. " 'USE. Shall mean,when used as a noun, the purpose or function for which a lot or building or structure,or any combination thereof, is designed, arranged, occupied or maintained and when used as a verb,"USE"shall have a corresponding meaning." .r The lot in question was one of three adjoining lots that were designed and created in 1967 for the express purpose of becoming building sites using private water and sewage services. Indeed, the size, shape and topography of the properties make them unsuitable for any other.use. During the past 35 years we have continuously maintained the lot as a residential property by " planting lawns and shade trees and keeping the place mowed and tidy, always anticipating that the property would eventually become a building site for a single family home. The trees have even been planted in a crescent shape in order to permit the erection of a dwelling without the need to destroy any of the landscaping- The lots on either side were built upon in 1967, proving that soil conditions in the area are eminently suitable for the use of private water and sewage disposal purposes. Finally the lot has been taxed as a residential property throughout and the Municipality has accumulated more than$20,000 in tax revenue in the process.. VV/ 11/ VV V. VL Bull LVV I' -* LVVY 1\/111 1,L11LLVJV1\ VV14 �VV0 10 40 Thus it would seem obvious that the property was lawfully'designed, arranged,occupied and maintained' as a building site permitting the use of private water and sewage services prior to the passing of By-law 84-63 and therefore, in accordance with Section 3.5(a), must be excluded from the public water requirement imposed by that new By-law. This conclusion is given further weight by the wording of Section 12.3(c)which states: "MUNICIPAL SERVICING REQUIREMENT .r. (c). Subsection(a)above does not apply to prevent the erection of a dwelling on a lot which existed prior to the date of passing of this By-law......... provided that soil and groundwater conditions are suitable for the installation of individual services..... provided all other zone requirements are complied with." .. In July 2002 we visited the Clarington Planning Department to discuss the matter and were assured by a Planning Department staff member that the terms of the Bylaw would allow us to build a single family residence, with private water and sewage services, on this property. Thus, when we received a formal offer to purchase the lot in February 2003, we had no qualms whatsoever in accepting the offer, believing the property to be a legally acceptable building site for this type of dwelling. You can imagine our shock and disbelief when we learned that the same Planning Department staff member had now apologetically retracted the assurances given less than a year previously, saying that a mistake had been made and that the property must be rezoned to Urban Residentiat Exception(1111-13)because a request for a building permit constituted a change in use. The suggestion that erecting a building on a vacant lot constitutes a change of use is particularly puzzling for two reasons. First ti implies that this lot exists as a building site on which a residence incorporating private water and sewage services may legally be erected, right up until the moment that a permit is requested to build such a residence.. Second, if the policy is to be applied consistently, a request for a permit to build on any vacant lot, regardless of the zoning Classification in place would,again, require a re-zoning application to be made. Finally, it goes without saying that the value inherent in this property will be decimated if the Municipality refuses to granfbuilding permit until the public water service is extended,an event that ++r may well not occur in my lifetime. This meeting has been called to consider the Planning Department insistence upon a re- zoning application and, given the information provided above, I would fervently hope that this Council would deal with it as expeditiously as possible in the manner most appropriate to the circumstances. wr (Mrs)D.M.Guy OW do r .!� � °����I�• � rJ.v �ai� u .L aAd i spy THE QUALTROUGH FAMILY do we tv _yell e: