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HomeMy WebLinkAbout06/02/2003 - - CiJ · 'JiarmntOn Leading the Way b l) - - - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - DATE: JUNE 2, 2003 9:30 A.M. TIME: - PLACE: COUNCIL CHAMBERS - 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST - 3. MINUTES - (a) Minutes of a Regular Meeting of May 20, 2003 301 4. DELEGATIONS - (a) Jean-Michel Komarnicki, Chair, Committee of Adjustment, 89 Little Avenue, Bowmanville, L 1 C 1 J9 - re-occurring issues - regarding implementation of Zoning By-law (b) Tenzin Gyaltson, Newcastle IGA, 131 King Street East, - Newcastle, L 1B 1H3 - Report PSD-061-03 (c) Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1 - - Report PSD-061-03 - (d) Glenn Genge, D. G. Biddle & Assoc. ,96 King Street East, Oshawa, L 1 H 1 B6 - Report PSD-061-03 - (e) Yusuf Moolla, U3 - 564 Montcalm Avenue, Oshawa, L 1J 2H1 - Report PSD-062-03 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 - G.P.& A. Agenda - 2 - June 2 , 2003 (f) Robert Dragicevic, Walker, Nott, Dragicevic Associates Ltd., 172 St. George Street, Toronto, M5R 2M7 - Report PSD-062-03 (g) Barry Jones, 76 Baldwin Street, Newcastle, L 1 B 1 H1 - Report PSD-065-03 (h) Shirley Crago, 255 Osbourne Road, Courtice, L 1 E 2R3 - Report PSD-050-03 (Labanovich) (i) Edward Wallis, 1664 Simcoe Street N. Oshawa, L 1 G 4X9 - Application for Development 18T -85025 5. PUBLIC MEETINGS (a) Clarington Official Plan Amendment Application Applicant: 1494392 Ontario Limited (Vissers Sod Farm) REPORT PSO-oS7-o3 (b) Rezoning Application Applicant: Bed and Breakfast Establishments REPORT PSO-OSS-03 (c) Rezoning Application Applicant: Martin Road Holdings Ltd. REPORT PSO-OS9-o3 6. PLANNING SERVICES DEPARTMENT (a) PSD-057-03- Clarington Official Plan Amendment Application Applicant: 1494392 Ontario Limited (Vissers Sod Farm) (b) PSD-058-03 - (c) PSD-059-03 - Bed and Breakfast Establishments Rezoning Application Applicant: Martin Road Holdings Ltd. (d) PSD-060-03- Municipal Roster of Consultants for the preparation of Environmental Impact Study (e) PSD-061-03- Recommended Disposition of the Outstanding Applications for Official Plan Amendments, Zoning By-law Amendments and Plans of Subdivision .. .. .. .. .. .. .. IIIIIi 501 .. 503 .. .. 504 .. .. 601 610 .. 626 .. 634 ... .. 641 .. .. - - G.P.& A. Agenda - 3 - June 2 , 2003 - (f) PSD-062-03 - Rezoning Application Applicant: Shell Canada Products Limited - Part Lot 13, Concession B.F., Former Town of Bowmanville, 355 Waverly Road, Bowmanville 672 (g) PSD-063-03 - Application for Official Plan Amendment and Zoning - By-law Amendment within the Municipality of Port Hope - Applicant: Tucker Creek Limited 687 (h) PSD-064-03 - Application for Removal of Holding Symbol - Applicant: Waverly Road Properties Inc. 693 (i) PSD-065-03 - Rezoning Application - Applicant: Di Adamo Holdings and Enterprises Ltd. 69901 U) PS D-066-03 - Confidential Report - Property Matter - (distributed under separate cover) 7. ENGINEERING SERVICES DEPARTMENT - (a) EGD-18-03 - Request for a Stormwater Outfall Construction and Maintenance Easement within Darlington - Creek Valleyland Applicant: W. E. Roth Construction Limited and Edlup Holdings Limited 701 - (b) EGD-19-03 - Bowmanville Community Park - Phase One 708 - (c) EGD-20-03 - Robinson Ridge Neighbourhood Park 719 8. OPERATIONS DEPARTMENT - (a) OPD-04-03 - Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program 801 - 9. EMERGENCY SERVICES DEPARTMENT ... No Reports 10. COMMUNITY SERVICES DEPARTMENT - No Reports - - ... G.P.& A. Agenda -4- June 2 , 2003 ... ... 11. CLERK'S DEPARTMENT (a) CLD-23-03- Parking Reports for January, February, March and April, 2003 ... 1101 12. CORPORATE SERVICES DEPARTMENT .. (a) COD-018-03 - Tender CL2003-12, Part "A" - Supply and Haul Granular A & B Gravel Part B - Haul, Stockpile and spread Granular "A" Gravel 1201 .. WI 13. FINANCE DEPARTMENT No Reports .. 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT WI (a) ADM-02-03- Clean Air Council 1401 15. UNFINISHED BUSINESS WI 16. OTHER BUSINESS ... 17. ADJOURNMENT .. .. ... .. till ... .. .. .. .. THE MUNICIPALITY OF CLARINGTON .. General Purpose and Administration Committee May 20,2003 .. .. ROLL CALL - Present Were .. .. Also Present: .. - .. .. .. Minutes of a meeting of the General Purpose and Administration Committee held on Tuesday, May 20,2003 at 7:00 p.m., in the Council Chambers. Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services T. Cannella (attended until 7:50 p.m.) Director of Community Services, J. Caruana (attended until 7:50 p.m.) Director of Emergency Services/Fire Chief, M. Creighton (attended until 7:50 p.m.) Director of Planning Services, D. Crome (attended until 7:55 p.m.) Director of Operations, F. Horvath (attended until 7:50 p~.) Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Municipal Clerk, P. Barrie Clerk 11, D. MacKay (attended until 7:50 p.m.) Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST" .. - MINUTES .. .. - - There were no disclosures of pecuniary interest stated at this meeting. Resolution #GPA-213-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on May 5, 2003 be approved. "CARRIED" 30' I G.P. & A. Minutes - 2 - May 20,2003 ... DELEGATION WI There were no items considered under this section of the agenda. .. Councillor Schell chaired this portion of the meeting. IIIIIi PUBLIC MEETING There were no items considered under this section of the agenda. .. PLANNING SERVICES DEPARTMENT .. Monitoring of Resolution #GPA-214-03 The Decisions of Committee of Moved by Councillor Robinson, seconded by Councillor Rowe Adjustment .. THAT Report PSD-054-03 be received; ... THAT Council concurs with decisions of the Committee of Adjustment made on May 8,2003 for applications A2003/009, A2003/010 and A2003/011 and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and .. ... THAT all interested parties listed in Report PSD-054-03 and any delegations be advised of Council's decision. .. "CARRIED" .. 2002 Report on Applications for Draft Plan of Subdivision/ Condominium Approval Resolution #GPA-215-03 Moved by Councillor Trim, seconded by Councillor MacArthur .. THAT Report PSD-055-03 be received; .. THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-055-03 and Council's decision. ... "CARRIED" .. ... ... 302 IIiII - G.P. & A. Minutes - 3 - May 20,2003 .. PLANNING SERVICES DEPARTMENT CONT'D. .. Confidential Resolution #GPA-216-03 Report - Property Matter Moved by Councillor Rowe, seconded by Councillor MacArthur .. THAT Confidential Report PSD-056-03 be referred to the end of the agenda to be considered during a "closed II session. .. "CARRIED" .. Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT .. Proposed Fence Resolution #GPA-217-03 By-law Amendments Moved by Councillor Pingle, seconded by Councillor Robinson - THAT Report EGD-13-03 be received; and .. - THAT the amendments to the Fence By-law 2000-105 attached to Report EGD-13-03, be forwarded to Council for approval. "CARRIED" - .. Monthly Report On Building Permit Activity For April, 2003 Resolution #GPA-218-03 Moved by Councillor Schell, seconded by Mayor Mutton THAT Report EGD-16-03 be received for information. - "CARRIED" .. Gate Access to Municipal Open Space Resolution #GPA-219-03 Moved by Councillor Pingle, seconded by Councillor Rowe - .. THAT Report EGD-17-03 be received; THAT the policy attached to Report EGD-17-03, addressing gates in fences abutting public open space be approved; and - - - 303 G.P. & A. Minutes -4- May 20, 2003 .. ENGINEERING SERVICES DEPARTMENT CONT'D. .. THAT the Municipality's standard Subdivision, Site Plan and Land Severance development agreements be amended to reference the .. policy contained within Attachment #1 to Report EGD-17-03 addressing gate access to Municipal Open Space. ... "SEE FOLLOWING MOTIONS" Resolution #GPA-220-03 ... Moved by Councillor Pingle, seconded by Councillor Trim .. THAT the policy regarding gate access to municipal open space (Attachment No.1 to Report EGD-17-03) be amended in the fifth paragraph by deleting the words "not be permitted" and replacing them with the words "be considered". .. ... "SEE FOLLOWING MOTION" Resolution #GPA-221-03 .. Moved by Councillor Schell, seconded by Councillor Rowe ... THAT Report EGD-17-03 be tabled for one week for staff to report back to Council advising how an applicant would be addressed under the policy if amended as proposed. .. "CARRIED" .. OPERATIONS DEPARTMENT There were no items considered under this section of the agenda. .. ... Councilor Robinson chaired this portion of the meeting'. EMERGENCY SERVICES DEPARTMENT ... Bill 148 - Resolution #GPA-222-03 Emergency Management Act Moved by Councillor Rowe, seconded by Councillor Schell ... THAT Report ESD-006-03 be received for information. .. "CARRIED" lllIii 304 .. .. G.P. & A. Minutes .. - 5 - May 20,2003 EMERGENCY SERVICES DEPARTMENT CONT'D. Monthly Resolution #GPA-223-03 Response Report - April, 2003 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report ESD-007-03 be received for information. - .. .. - "CARRIED" Councillor Rowe chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT - Racing Against Drugs Program .. .. - Clarington Public Library Main Branch Coffee Kiosk Operation .. .. - Resolution #GPA-224-03 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report CSD-11-03 be received for information. "CARRIED" Resolution #GPA-225-03 Moved by Councillor Schell, seconded by Mayor Mutton THAT Report CSD-12-03 be received; THAT the operating budget of the Coffee Kiosk operation as presented in Report CSD-12-03 be approved; THAT the Finance Department be authorized to create operating revenue and expenditure accounts for the Library Coffee Kiosk; and THAT staff report back to Council in six months with results, ______ /70RTHWITH. .. - - "CARRIED" Councillor Pingle chaired this portion of the meeting. CLERK'S DEPARTMENT .. Animal Services Monthly Report For the Month Of April, 2003 - - Resolution #GPA-226-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report CLD-21-03 be received for information; and 305 G.P. & A. Minutes - 6 - May 20,2003 .. CLERK'S DEPARTMENT CONT'D. ... THAT a copy of Report CLD-21-03 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. .. "CARRIED" IIIIIi Municipal Parking Lot Amendments Resolution #GPA-227-03 .. Moved by Councillor Schell, seconded by Councillor Trim THAT Report CLD-22-03 be received; .. THAT the By-law attached to Report CLD-22-03 be approved and forwarded to Council for passage; ... THAT the Bowmanville Business Improvement Area be advised of Council's decision; and .. THAT a copy of Report CLD-22-03 be forwarded to the interested parties listed for their information. III1Ii "CARRIED" .. Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT ... Co-operative Resolution #GPA-228-03 Tender C526-03, The Supply and Moved by Councillor Schell, seconded by Councillor Robinson Delivery of Culvert THAT Report COD-014-03 be received; .. ... THAT Armtec Limited, Peterborough, Ontario, being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender C-526-03, be awarded the contract for the Municipality of Clarington requirements for Supply and Delivery of Culvert on an "as required" basis; .. ... .. THAT the total funds expended be provided from the approved 2003/2004 Culvert Maintenance Construction budget; and .. III 306 IIiII - G.P. & A. Minutes - 7 - May 20,2003 - CORPORATE SERVICES DEPARTMENT CONT'D. - THAT at the end of the first year pending satisfactory service and pricing by the low bidder and pending agreement of the Durham Co-operative participants, the contract be extended for a second and third year. - "CARRIED" .. CL2003-10, Resolution #GPA-229-03 One (1) Natural Gas Powered Ice Moved by Councillor MacArthur, seconded by Councillor Robinson Resurfacer - THAT Report COD-016-03 be received; - THAT Resurfice Corp., Elmira, Ontario with a total bid in the amount of $76,233.50 (including taxes), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2003-10, be awarded the contract to supply One (1) Natural Gas Powered Ice Resurfacer, as required by the Municipality of Clarington, Community Services Department; and - .. - THAT the total funds required be drawn from the 2002 Community Services New Recreation Complex Account #7602-00000-0501 , as identified on Page 550 of the 2002 Capital Budget, FORTHWITH. .. "CARRIED" - - Co-Operative Resolution #GPA-230-03 Tender T280-2003, The Supply of Moved by Councillor Schell, seconded by Councillor Robinson Sodium Chloride THAT Report COD-017-03 be received; .. .. THAT the Canadian Salt Co., Ltd., Mississauga, Ontario, with a total unit price of $49.39 per tonne, being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender T280-2003, be awarded the contract to supply Bulk Sodium Chloride to the Municipality of Clarington, as required by the Department of Operations; .. - THAT pending satisfactory service and agreement by the Durham Purchasing Co-operative, the contract be extended for a second and third year; and - 307 - G.P. & A. Minutes - 8 - May 20,2003 .. CORPORATE SERVICES DEPARTMENT CONT'D. .. THAT the funds be drawn from the Operations approved Winter Maintenance Accounts for the respective years winter season requirements. .. "CARRIED" IIIIIi RFP 2003-4 Resolution #GPA-231-03 Commercial Review And Market Moved by Councillor Schell, seconded by Councillor MacArthur Impact Study: Bowmanville West THAT Report COD-015-03 be received; Main Central Area THAT PricewaterhouseCoopers, Toronto, Ontario with a total bid in the amount of $68,000.00 (including GST and disbursements), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP 2003-4, be awarded the contract for the consulting services for the Commercial Review and Market Impact Study, Bowmanville West Main Central Area as required by the Planning Services Department; .. IIIIIi IIIIIi ... .. THAT the required funds be drawn from account number 2015-00015-0000; .. THAT the contract awarded be subject to receipt of funding from the developers affected; and ... THAT the By-law marked schedule "A" attached to Report COD-015-03 authorizing the Mayor and Clerk to execute the necessary agreement be forwarded to Council for approval. ... WI "CARRIED" FINANCE DEPARTMENT .. Payment in Lieu Resolution #GPA-232-03 of Taxes on Provincially Moved by Councillor Schell, seconded by Councillor Trim Owned Properties Rented to Private THAT Report FND-012-03 be received for information; and Tenants ... .. THAT a copy of Report FND-012-03 be forwarded to Durham Region, John O'Toole, MPP and The Honourable Janet Ecker, Minister of Finance. .. "CARRIED" IIiII 308 .. .. G.P. & A. Minutes - 9 - May 20, 2003 .. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT .. There were no items considered under this section of the agenda. .. UNFINISHED BUSINESS .. There were no items considered under this section of the agenda. OTHER BUSINESS - Sound System Resolution #GPA-233-03 - Moved by Councillor Schell, seconded by Councillor Robinson .. THAT the Director of Operations investigate retrofitting a new sound system in the Municipal Administrative Building and report back to Committee. .. "CARRIED" .. Confidential Resolution #GPA-234-03 Report - Property Matter Moved by Councillor Schell, seconded by Councillor Pingle .. THAT the meeting be "closed II to allow for consideration of Confidential Report PSD-056-03 pertaining to a property matter and a personnel matter. . .. "CARRIED" Resolution #GPA-235-03 .. Moved by Councillor Schell, seconded by Councillor Robinson .. THAT the actions taken at the "closed" meeting be ratified. .. "CARRIED" - .. - - 309 G.P. & A. Minutes ADJOURNMENT - 10 - May 20,2003 .. IIIIIi Resolution #GPA-236-03 ... Moved by Councillor Rowe, seconded by Councillor MacArthur THAT the meeting adjourn at 8:45 p.m. fIIIIi "CARRIED" .. .III MAYOR .. MUNICIPAL CLERK .. .. ... .. .. IIIIIi .. .. fIIIIi fill .. 310 IIiII - '.~G REPORT # PSD-057-03 VISSERS SOD FARM (1494329 ONTARIO LIMITED) - ~1.!J!.mgron CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING - Development Application by: VISSERS SOD FARM (1494392 ONTARIO LIMITED) _ AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment under Section 17 of the Planning Act, 1990, as amended. ... ... APPLICATION DETAILS Planning File No.: COPA 2003-002 The proposed official plan amendment submitted by Vissers Sod Farm (1494392 Ontario Limited), would provide for the creation of a new lot for a dwelling deemed surplus to the farm operation. The subject property is located in Part Lot 35. Concession 5, Former Township of Clarke, at 2523 Regional Road 42 (as shown on the reverse). ... - 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: - DATE: TIME: PLACE: June 2, 2003 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. - ... - 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 the Planning Services Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Bob Russell at (905) 623-3379, extension 341 or bye-mail atbrussell@municipality.c1arington.on.ca. .. 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 before the proposed amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. Municipality of Clarington this 16th day of April, 2003. ... - ... Davi J. Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3AG - ... 501 TAUNTON ROAD (DURHAM ROAD 4) 61.2 254.05 o <{ o a:: w z :J Z....... 3:'" O~ t-~ W~~ ~~~ :5iE ()::) Ie. z o t- C) z :J 0:: <{ o Darlington JbURHAM RDIU Clarke TAUNTON ROAD CONCESSION ROAD 4 l() <J'l <0 l() IX) oi 105.31 t<) Lands ta be Separated Including Existing House Area= 4253sq.m. Lands ta be Retained Area= 56.4ha. 'V 145.43 ::: <J'l /I a <( o cr ~ Ul Z o I gi 275.18 ~ ~.Cl <( <( ~ 0 ~ a:: ...J 502 N o ~ l() t<) COPA 2003-002" .. .., , . . Official Plan Amendment. Owner: 1494392 Ontario Limited .. .. .. - ... .. - .. .. ... .... ... .. J ... ... ... ... .. .. .. .. ...-..... ,.01' ........-..... PUBLIC MEETING REPORT # PSD-058-03 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON lilt - CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING. RESCHEDULED I BED & BREAKFAST ESTABLISHMENTS PLANNING FILE NO.: ZBA 2003-013 ClfJlpn - - 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. AMENDMENT DETAILS The ~roposed Zoning By-law ,Amendment w?Uld permit Bed and Breakfast establishments within single detached ?wellings located I~ t~e fo.llowl~g zones:. "Agncu~u~al (A)", "A~ricultural Exception (A-1)", "Residential Hamlet (RH)", Ru~1 Cluster (RC) , Residential Shoreline (RS) , Urban Residential Type One (R1)", "Urban Residential Type Two (R2) and "General Commercial (C1)". The following provisions shall apply to Bed and Breakfast establishments: a) A maximum ofthree(3) guest rooms are permitted; b) The Bed and BreaKfast establishment shall remain clearly incidental and secondary to the single detached dwelling in which is situated; - - - The Bed and Breakfast shall not change the character of the dwelling nor create or become a public nuisance due to traffic, noise and hours of operation; d) The dwelling shall not be used simultaneously for any other home occupation; c) - The dwelling shall be fully serviced with municipal water and sewerage system or private well and private sanitary waste disposal system that comply with the regulations of the Ministry of Environment; f) A maximum of three parking spaces are permitted; and e) .. g) A minimum 30% landscaped open space must be maintained in the front yard. - PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: . - DATE: TIME: PLACE: MONDAY, JUNE 2, 2003 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. - - If you cannot attend the Public Meeting, you can make a deputation to Council at their meeting on Monday, June 9, 2003, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerk's Department by the Wednesday noon, June 4, 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, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. Additional information relating to the proposed by-law is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Cynthia Strike at (905) 623-3379 extension 219 or bye-mail atcstrike@municipality.clarington.on.ca. - - APPEAL If a person or public body that files a notice of appeal of a decision for the p~oposed Zoning By-law ~mendmen~ t~ the Ontario Municipal Board does not make oral submissions at a public meeting or does not make wntten submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. - Dated at the Municipality of Clarington this 23rd day of April 2003. - David J. Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3A6 .. ~ flS . . . .",. ... .. .. .. .. .. .. .. .. .. .. .. ... - .. .. .. .. .. - - - ... ... - ... ... ... - ... ... ... - - ... - ... Cl!J!.mgron PUBLIC MEETING REPORT # PSD-059-03 CORPORATION OF THE MARTIN ROAD HOLDINGS LTD. MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING Development Application by: Martin Road Holdings Ltd. PLANNING FILE NOS.: ZBA 2003/014 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 purpose of the proposed Zoning By-law Amendment submitted by Martin Road Holdings is to change the designation of 6 proposed lots on the south-west side of West Side Drive, on Part of Lot 15, Concession 1, from Agriculture (A) and Holding Urban Residential Type Two ((H) R2) to Urban Residential Type Two (R2). The effect of the amendment would be to permit the construction of 6 single family dwellings on West Side Drive. The area is subject to the following Consent Applications: LD 028/2003, LD 029/2003, LD 030/2003, LD 031/2003 and LD 032/2003. PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: Monday, June 2, 2003 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. DATE: TIME: PLACE: If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday June 9th, 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, June 4th, 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, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 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 Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Erik Cyr at (905) 623-3379 extension 218 or bye-mail atecvrla>.municipalitv.clarinoton.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 aR eal. e Municipality of Clarington this 30th day of April, 2003. D v Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C3A6 504 / From Agricultural (A) to Urban Residential Type Two (R2) From Holding Urban Residential Exception ((H)Rl-41) to Urban Residential Type Two (R2) ~ o 0: z w W 0: " BASELINE RO..o II II ~ ~~ .^ V' ~ ~ ... .. .. .. .. ... ... From Agricultural (A) to Urban Residential Type Two (R2) o "& z. rn From Holding Urban Residential Exeption ((H)R2) to Urban Residential Type Two (R2) ---- --- -- ---- :2 '" ! 1-- - I~, ... .. ... ... ... ... ... - ZBA 2003-014 Zoning By-law Amendment .. Owner: Martin Road Holdings Ltd. ~( sns .. ... ... .. - CI!Jlil1gfOn REPORT PLANNING SERVICES PUBLIC MEETING - - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 2, 2003 - Report #: PSD-057 -03 File #: COPA 2003-002 (ROPA 2003-002) By-law #: - Subject: CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION APPLICANT: 1494392 ONTARIO LIMITED (VISSERS SOD FARM) - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report PSD-057-03 be received; - 2. THAT the application to amend the Clarington Official Plan, submitted by Robert Craig on behalf of 1494392 Ontario Limited (Vissers Sod Farm) be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - Submitted by: Davi J Crome, M.C.I.P.,R.P.P. Direc Reviewed by: a~ hi . ~nklin Wu /u /Chief Administrative Officer - - BR*CP*DJC*df 23 May 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 601 - REPORT NO.: PSD-OS7-03 PAGE 2 ... ... 1.0 APPLICATION DETAILS 1.1 Owner: 1494392 Ontario Limited (Vissers Sod Farm) ... 1.2 Applicant/Agent: Robert Craig ... 1 .3 Regional Official Plan Amendment: To provide for the creation of a new lot for an existing dwelling deemed surplus to the farm operation. ... ... 1.4 Clarington Official Plan Amendment: To provide for the creation of a new lot for an existing dwelling deemed surplus to the farm operation as a result of the acquisition of abutting farms that are proposed to remain separate. ... ... ... 1.5 Area: 0.424 hectare (1.05 ac) portion of a 56.4 hectare ... (139.36 ac) property ... 1.6 Location: The area subject to the proposal is located at the southeast corner of Regional Roads 42 and 4 ... (Darlington-Clarke Townline and Taunton Roads, ... respectively) or 2523 Regional Road 42. The more formal location description is Part Lot 35, Concession ... 5, former Township of Clarke (See Attachment 1). ... 2.0 BACKGROUND 2.1 On April 1, 2003, the Planning Services Department received an application to ... amend the Clarington Official Plan. On April 14, 2003, an application to amend .. III 602 - - - - - - - - .. - - REPORT NO.: PSD-OS7-03 PAGE 3 the Durham Regional Official Plan (OPA 2003-002) was circulated for agency comments. Approval of both Official Plan Amendments is pre-requisite for the submission of the Land Division application, which has yet to occur. 2.2 The subject property, also known as the Eikens Farm, was acquired in December 2001 and it contains one dwelling. It is one of six properties owned by the Vissers. One property abuts the subject lands to the south and the east (see Attachment 1). Another property is immediately west across Durham Regional Road 42. Other properties are near Hampton. The dwelling on the subject property is one of four dwellings owned by the Vissers. The Vissers prepared a letter report describing their six properties and the use of the four dwellings on them. The Vissers prepared a second letter stating the housing situation for their sod farm employees and the non-livestock nature of the "barn" which is an equipment storage shed. 2.3 In March 2002, approximately 8,000 sq. metres of woodlot were cleared and a - tributary of the Soper Creek was filled in on this property. These actions led to a Property Standards Order by Municipal By-law Enforcement. In addition, Mr. Ilw Visser has been charged by the local conservation authority and the Department of Fisheries and Oceans. Staff will review these issues with By-law Enforcement .. to ensure approval of the Official Plan Amendment does not negatively impact on the Municipality's court action. .. 3.0 .. 3.1 ... - - - LAND CHARACTERISTICS AND SURROUNDING USES The proposed severed portion of the property has a dwelling, a detached garage and the foundation of a former greenhouse. The proposed retained portion of the property (large majority of the farm) contains, immediately to the east of the proposed severed portion, a greenhouse 603 REPORT NO.: PSD-057-03 PAGE 4 ... which is proposed to be demolished. South of the proposed severed portion is a "barn", intended to be used as a farm equipment storage shed. The south end of the shed is open for farm equipment storage and south of the farm equipment storage shed is a concrete pad for the outside parking of farm equipment (see Attachment 2). .. .. ... 3.2 The surrounding land uses are as follows: North - Regional Road 4 and beyond, Rural Residential South - retained property - sod farm East - retained property - sod farm West - Regional Road 42 and beyond, Woodlot and Rural Residential ... ... ... ... 4.0 PUBLIC NOTICE AND SUBMISSIONS ... 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and public notice signs were installed on the Regional Roads 4 and 42 frontages. .. .. 4.2 As a result of the public notification process, to date, the Planning Services Department has received a counter and telephone inquiry, from the tenant in the dwelling that is proposed surplus, seeking clarification of the application. .. ... 5.0 OFFICIAL PLAN CONFORMITY 5.1 The site is designated "Major Open Space" in the Durham Regional Official Plan. Section 12.3.11 of the Plan allows the severance of a farm dwelling rendered surplus as a result of consolidation of abutting farm parcels. Section 12.3.12 of the Plan also allows, by amendment to the Plan, the severance of a farm dwelling rendered surplus as the result of a farmer acquiring a non-abutting farm. The proposed severance would create a new non-farm residential lot and a vacant agricultural parcel, separate from the applicant's abutting land holdings. ... ... ... .. .. 604 .. - REPORT NO.: PSD-057-03 PAGE 5 - The proposal is therefore contrary to the policies of Section 12.3.11 and 12.3.12, and amendment to the Plan is required. - 5.2 The Clarington Official Plan designates the majority of the property Green Space, - with the two creek tributary valleys running through the south of the property as Environmental Protection Area. An application for official plan amendment is - required since the proposal for severance of a surplus dwelling is the result of acquisition of abutting farms that are not to be merged into a single parcel (Policy - 13.3.8a). The severance may be permitted, but only by amendment to the Plan. - 6.0 ZONING BY -LAW COMPLIANCE - 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned "Agricultural (A)". The provisions of the "A" zone require the creation of a residential lot to comply with the RH Zone provisions. The proposed surplus dwelling would comply. - - 7.0 AGENCY COMMENTS - 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Comments received to date are as follows. - .. 7.2 The Regional Health Department and the Clarington Engineering Services Department had no objection. .. - 7.3 Comments remain outstanding from Central Lake Ontario Conservation, Regional Planning Department and Regional Works Department. .. - - - 605 REPORT NO.: PSD-057 -03 PAGE 6 .. ... 8.0 STAFF COMMENTS 8.1 Although the applicant has acquired abutting parcels from the Eikens family, the Vissers do not want to consolidate these parcels. It is proposed that the two parcels remain separate. .. ... 8.2 As the purpose of this report is to give the status of the application for the public meeting, it is appropriate to have the application referred back to staff for further processing. ... ... .. Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Air Photo of the Proposed Severed Parcel Attachment 3 - Proposed Clarington Official Plan Amendment - .. Interested parties to be notified of Council's decision: .. Robert Craig 41 00 Lib~rty Street North Bowmanville, ON L 1 C 3K6 .. Mr. Laracy 2523 Regional Road 42 Orono, ON LOB 1 MO - .. ... - ... .. .. 606 .. - - .. - Q <( o ~ W z :J z....... 3:N O~ t-~ WON 0:: 10 ~~~ ~ N :50::- ():::> Ie z ~ z :J ~ ~ - - .. - - .. - .. - - - - .. - - TAUNTON ROAD (DURHAM ROAD 4) 71.2 244.05 111 en l/') l/') IX) ai105.31 I"') Lands to be Separated Including Existing House Area= 4236.4sq.m. Lands to be Retained Area= 56.4ha. LOT 35 CONC. 5 'It 145.43 : 01 275.18 Clarke ATTACHMENT 1 N C! - l/') I"') - --- Area of Watercourse Filled in by Applicant ~'H.ri~ Area of Woodlot Cleared by Applicant ~ Watercourse rJ COPA 2003-002 Clarington Official Plan Amendment ROPA 2003-002 Regional Official Plan Amendment Owner: 1494392 Ontario Limited Vissers Sod Farm 607 ATTACHMENT 2 - .. .. ... "'" ... ... - ... ... ... - ... ... - .. .. Clarington Official Plan Amendment 2003-002 Regional Official Plan Amendment 2003-002 Owner: 14943292 Ontario Limited, Vissers Sod Farm ~ IJ'lA ... .. - :1DOO&Wir ATTACHMENT 3 - TO THE CL~~~FICIAL PLAN /~ PURPOSE: To amend the Official plari'btthe Municipality ofClarington to permit the potential severance of a surplus farm dwelling and to grant exception to the requirement that a retirement or intra-family lot had not been previously severed from the farm since January I, 1974. The proposed lot is located in Part Lot 35 Concession 5, former Township of Clarke 2523 Regional Road 42. - - .. - BASIS: The Amendment is based on an application submitted by Tony & Thea Visser to permit the creation of a surplus dwelling lot from 56.2 hectare farm parcel. The approval of this application is based on commitments made by the applicant and others as follows: . The applicant has agreed to the dedication of a 0.3 metre reserve as a condition of land severance; . The applicant and proposed purchaser have agreed not to object to any future rezoning which would prohibit residentjal uses on the subject lands. - - .. Council is satisfied that applicant is operating a bona-fide farm operation and that this amendment meets the intent of the Official Plan and fulfills the objective of preserving agricultural land. - ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: .. 1. By adding the following exception to Table 13.1 as follows: .. - Exception Assessment No. Legal Description Area of Surplus Area of Remainder of Dwelling Lot Land 030 050 21500 0000 Pan lot 35 Conc 5, .425 Ha 56.4 Ha (2003) former Township of Clarke, 2523 Regional Road 42 TABLE 13.1 SURPLUS FARM DWELLING LOT EXCEPTIONS - - IMPLEMENT A nON: The provisions set forth in the Clarington Official Plan, as amended, regarding the implement of the Plan, shall apply in regard to this amendment. .. - INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended regarding the interpretation of the Plan, shall apply in regard to the amendment. - - 609 ... ... - ... ... .. .. .. ... .. .. .. .. ... - ... - .. III - CI!ff.mgton REPORT PLANNING SERVICES PUBLIC MEETING - - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 2,2003 ... Report #: PSD-058-03 File #: ZBA 2003-013 By-law #: - Subject: BED AND BREAKFAST ESTABLISHMENTS - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-058-03 be received; 2 THAT the proposed amendment to By-law 84-63, as amended, to permit bed and breakfast establishment in various zones within the Municipality of Clarington, be referred back to staff for further processing and the preparation of a subsequent report; and - ... 3. THAT all interested parties listed in this report and any other delegation be advised of Council's decision. - - - Submitted by: vid . Creme, M.C.I.P.,R.P.P. Director, Planning Services Reviewed by: k ranklin Wu JO ~hief Administrative Officer - '!III - CS/L T /DC/df 23 May 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 610 REPORT NO.: PSD-058-03 PAGE 2 .. 1.0 BACKGROUND ... 1.1 On November 11, 2002, Council directed staff to investigate bed and breakfast establishments, and possibly amending the zoning by-law to permit them in various zones in the Municipality. Subsequently, on December 2,2003 Staff forwarded a report to Council requesting authorization to proceed with a zoning by-law amendment, a sign by-law amendment and a licensing by-law to permit bed and breakfast establishments. (See Attachment #' 1 ) .. .. ... .. 1 .2 The purpose of this report is to: . satisfy the Public Meeting requirements under the Planning Act for public input on the proposed zoning by-law amendment; . discuss licensing bed and breakfasts establishments; and . present and discuss the draft amendment to the zoning by-law. fII/I1 .. 2.0 NOTICE OF PUBLIC MEETING 2.1 Notice of the Public Meeting was placed in the Canadian Statesman, on May 14 and May 20, 2003. .. ... 2.2 As of the writing of this report, Staff received one (1) telephone inquiry from an individual who wishes to establish a bed and breakfast in the hamlet of Maple Grove. .. ... 2.3 A letter was received from Ms. Colleen Konoby, of Courtice. Ms. Konoby objects to the bed and breakfast establishments because they cannot be properly controlled or monitored. Guests may have questionable characters and may not demonstrate the same level of care for a community as area residents. They may litter, destroy property, use inappropriate language and/or behaviour and may endanger children. The increase in parked cars and additional traffic is also a concern. Motels and hotels can accommodate visitors, where they can be monitored by hotel security and police. See Attachment 2. .. ... .. - .. .. 6 1 1 ... .. - - - - - - - .. - .. - - - - - REPORT NO.: PSD-058-03 PAGE 3 3.0 LICENSING 3.1 The new Ontario Municipal Act 2001 permits the licensing of many businesses at the Municipality's discretion. Licensing shall be done for one or more of the following reasons: . health and safety; . nuisance control; and . consumer protection. The Municipality is required to research each business it intends to license, tie the reason for licensing to health and safety, nuisance control and consumer protection, and then justify each license condition. In addition, the Municipal Act requests a public meeting to allow the public to make representation prior to Council's adoption of a By-law. Furthermore, to establish a licensing fee, a background feasibility study must be prepared to identify costs and determine a defendable fee. 3.2 At the present time, a bed and breakfast establishment must meet the requirements of the Regional Health Department, Ontario Building Code and Fire Code. Municipal requirements such as zoning by-law, sign by-law and the noise by-law conformity also considered. The Clerk's Department will be preparing a new Licensing By-law, which will list all businesses that require a license and the associated conditions. The By-law will be enacted in accordance with the requirements specified in the new Ontario Municipal Act. As such, it is staffs opinion that a licensing by-law specifically for bed and breakfast establishments not be enacted through the rezoning procedure but be considered within the context of the Clerk's Licensing By-law review. 4.0 DRAFT ZONING BY-LAW AMENDMENT FOR BED AND BREAKFAST EST ABLlSHMENTS 4.1 Currently the Zoning By-law considers bed and breakfast establishments to be a _ home occupation. They are permitted in dwellings in Agricultural (A) and Agricultural Exceptions (A-1) zones. The definition limits the number of guest - rooms to three (3), in an owner occupied dwelling and the proprietor mayor may - "19') REPORT NO.: PSD-058-03 PAGE 4 ... not provide meals. One parking space per guest room is required in addition to .. the two spaces required for the dwelling itself. 4.2 Staff has prepared a draft by-law amendment which proposes the various zones in which bed and breakfast establishments can be permitted and the corresponding provisions. The proposed by-law is contained in Attachment 3. 4.2.1 Summary of the Proposed Bv-Iaw Under the proposed draft by-law bed and breakfasts establishments will be permitted, in addition to the currently permitted "Agricultural (A)" and "Agricultural Exception (A-1)" Zones, within the following: "General Commercial (C1)", "Residential Hamlet (RH)", "Residential Cluster (RC)", "Residential Shoreline (RS)", and "Urban Residential Type One (R1)", and "Urban Residential Type Two (R2)", inclusive of all exception zones. The following provisions will apply: a) a maximum of three (3) guest rooms are permitted b) the bed and breakfast establishment shall remain clearly incidental and secondary to the single detached in which it is situated; c) the bed and breakfast shall not change the character of the dwelling nor create or become a public nuisance; d) the dwelling shall not be used simultaneously for any other home occupation; e) the dwelling shall be serviced by municipal water and sewerage system or a private well and private sanitary waste disposals system that complies with the regulations of the Ministry of Environment; f) a maximum of three (3) parking spaces are permitted; and g) a minimum 30% landscaped open space must be maintained in the front yard. 5.0 STAFF COMMENTS 5.1 The proposed by-law will permit bed and breakfast establishments in a number of zones. The various issues such as parking, appearance, maximum number of 613 .. "", .. .. - .. .. .. .. - ." .. - .. - .. .. - REPORT NO.: PSD-058-03 PAGE 5 - - rooms, other permitted uses, and 10Uhouse size will be addressed by the provisions of the proposed by-law amendment as well as the other governing regulations within each zone. Other issues such as spatial separation and owner occupation were discussed in the previous report. It's Staffs opinion that spatial separation between bed and breakfasts and hotels/motels is not an issue at the present time given the limited number of each. Staff do not anticipate a large concentration of bed and breakfasts establishment in close proximity to existing hotels/motels or other bed and breakfasts. With respect to owner/occupation the definition of Bed and Breakfast Establishments in the current Zoning By-law requires the establishment to be owner occupied. This definition is not being amended. - - - - - 5.2 Siqn - The sign by-law permits one sign per property for a home occupation. The sign can be a ground or wall sign no greater than 0.55 square metres in size. The sign by-law defines a sign as being the words and logo. Staff are of the opinion that this remains appropriate for bed and breakfasts establishments and therefore are not recommending any amendments to the sign by-law. .. .. 5.3 Oak Ridqes Moraine Conservation Plan - .. Staff is required to bring the Official Plan and Zoning By-law into conformity with the Oak Ridges Moraine Conservation Plan by the fall 2003. Through the conformity exercise, Staff will be examining the permitted uses within the Oak Ridges Moraine as a result of the Oak Ridges Moraine Conservation Plan. This will include those uses currently permitted within the Municipality's Zoning By-law "Agricultural (A)" and "Agricultural Exception (A-1)" zones. As a result, lands currently zoned "(A)" or "(A-1)" may lose the ability to establish a bed and breakfast establishment. However, those bed and breakfast establishments that currently exist, will still be permitted. Under the Oak Ridges Moraine Conservation Plan review, staff has scheduled two (2) Public Information Sessions for June 11th and 12th, 2003. Staff will be reporting to Council on the amendments to the Clarington Official Plan, Zoning By-law that will be required to implement the Conservation Plan. . 614 .. .. - .. - - REPORT NO.: PSD-058-03 PAGE 6 .", 5.4 Concerns of Mrs. Konobv Bed and Breakfast Establishments are traditionally used by the travelling public for temporary sleeping accommodations. A proprietor has the ability to refuse a person from entering his/her home. The Zoning By-law cannot address the behaviour of anyone entering the home. .. wi .. The by-law requires parking to be accommodated on site while maintaining 30% landscaped open space on the front yard. A bed and breakfast establishment must demonstrate that this provision can be met. The increase of three (3) cars would have a minimal traffic impact in residential neighbourhoods. .... .. .", 6.0 RECOMMENDATIONS - 6.1 Bed and breakfast establishments are an accepted type of accommodation and are positive from a tourism perspective. .. 6.2 The purpose of this report is to satisfy the Public Meeting requirements in the Planning Act and receive any comments from the general public. Staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. .. ." - Attachments: Attachment 1 - Staff Report (PSD-127-02) Attachment 2 - Letter from Colleen Konoby Attachment 3 - Draft By-law -- .. Interested parties to be notified of Council's decision: - Wilhemena Van Boxtell 2294 Highway 2 Bowmanville, ON L 1 C 3K7 - Colleen Konoby 97 Daisyfield Avenue Courtice, On L 1 E 3B3 .. .. 615 .. ATTACHMENT 1 .. - Cl~mgtnn REPORT - PLANNING SERVICES - _ Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 2,2002 - Report #: PSD-127-02 File #: By-law #: - Subject: BED AND BREAKFAST ESTABLISHMENTS - .. RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. .. 2. - 3. .. THAT Report PSD-127-02 be received; THAT Staff be authorized to proceed with a zoning by-law amendment, sign by-law amendment and licensing by-law; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. .. Submitted by: Davi J. Crome, MCIP, R.P.P. Director of Planning Services .\ - o ~--.::- t? I h . Reviewed by: l \.AJ VL Franklin Wu, Chief Administrative Officer - SA*DJC*sh November 27, 2002 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 616 REPORT NO.: PSD-127-02 1.0 BACKGROUND PAGE 2 1.1 At the November 11, 2002 Council Meeting, Staff were directed by Council resolution to investigate Bed and Breakfast establishments and the possibility of amending the current Zoning By-law. This report will review a number of pertinent issues and considerations relevant to Bed and Breakfast establishments and outline next steps. The comments are based on the research that staff has completed to date. Additional considerations may be warranted as the matter is reviewed in more detail. 1.2 Bed and Breakfast establishments are an accepted manner of accommodation and have experienced a rising popularity in both rural and urban locations in recent decades. In some municipalities, it has become part of the tourism and economic development initiative. A number of inquiries from the public have been received in recent years regarding the establishment of bed and breakfast's in hamlets and urban areas. 2.0 ZONING 2.1 Currently the Clarington Zoning By-law considers bed and breakfast establishments to be a home occupation and permits them in dwellings in Agricultural zones only. The definition limits the number of guest rooms to three, in an owner occupied dwelling and the proprietor mayor may not provide meals as an accessory use. One parking space per guest room is required, in addition to the two spaces required for the dwelling itself. 2.2 The thrust of Council's request was to allow bed and breakfast establishments in urban and rural settlement areas. In preparing appropriate zoning for this use, a number of performance criteria need to be developed. The following provides an overview of some of the performance criteria used in other municipalities. 2.2.1 Spatial Separation Some municipalities have restricted the location of bed and breakfast establishments in context of other bed and breakfast establishments or hotels, motels and inns. For 6r7 .. ... .. .. ... ... ... .. .. ... .. .. .., - .. .. .. .. .. .. REPORT NO.: PSD-127-02 PAGE 3 - - example the City of Oshawa does not allow a bed and breakfast establishment within 500 metres of another bed and breakfast establishment, and the City of Vanier, although has no limiting distance between bed and breakfast establishments, limits them to not less than 30 feet from a motel or hotels. Conversely, the City of Niagara Falls only allows bed and breakfast establishments in Tourist Commercial zones and in residential areas adjacent to River Road (a major arterial adjacent to the Niagara River with a significant number of hotels and motels). This allows a tourist/traveller a choice of accommodation within the same amenity area. - .. - - - Presently, Clarington does not have a limiting distance for bed and breakfast establishments in rural areas and there have not been complaints from hotels/motels that there is a conflict between the two types of accommodation. Staff do not anticipate any problems from hotel operators and do not foresee that there ,!.,,:,,,1,.l I::e the :2!""'1and that would lead to a concentration of bed and breakfast establishments in close proximity. - - .. In addition to residential zones, the "C1 II and "C2" zones both permit existing residential uses. For example in Bowmanville, portions of King Street East and Church Street contain larger residential dwellings. These areas are a zone of transition between that which is commercial and that which is residential. A bed and breakfast establishment would be a natural fit in these neighbourhoods, providing proximity to shopping and restaurants, but offering the coziness desired by bed and breakfast guests. - - - - 2.2.2 Parkinq At this time, the Comprehensive Zoning By-law requires two (2) parking spaces for a single detached dwelling. Where a bed and breakfast establishment is permitted, one additional parking space per guest room is required. As rural properties are typically larger than urban properties, the location of the parking spaces has not been a concern. In an urban area, two parking spaces per dwelling are also required. They may be provided in a garage or driveway and may be located in any yard. To accommodate - .. .. - 618 REPORT NO.: PSD-127-o2 PAGE 4 bed and breakfast establishment parking, one additional parking space per guest room should still be required. However, to minimize impact on a residential neighbourhood and its streetscape,. consideration should be given to restricting parking in a front or exterior side yard. 2.2.3 Appearance Typically, in residential areas, there is a concern that a bed and breakfast establishment will appear as a commercial use, rather than blend in with an established neighbourhood. Provision may be made, as is currently done for home occupation uses, that a bed and breakfast cannot be established or operated in a manner that changes the external residential appearance of a dwelling unit, or generates adverse effects such as those from excessive traffic (by limiting the number of guest rooms), parking (as noted above), or noise. 2.2.4 Maximum Number of Rooms A number of by-laws from various municipalities including Niagara Falls, Oshawa, Vanier, Ottawa, and North York, were reviewed and all by-laws limit the number of guest rooms available to the public or the number of persons that may be accommodated. The Municipality of Clarington draft zoning by-law (released July 3, 2000 for review) is proposing a maximum of three guest rooms. Planning Staff are of the opinion that any more than three rooms may create a negative impact on a neighbourhood due to traffic and parking. 2.2.5 Other Uses Permitted Additional home occupation uses, such as a business or professional office, daycare or hairdressing, create an additional traffic load and parking space requirement. Particularly in residential area, this detracts from the established residential character of a neighbourhood. Typically the establishment of a multi-use building requires municipal review. Site plan approval and site specific rezoning may be more appropriate than allowing it as of right through a general text amendment to the zoning by-law. 619 .. - - .. .. .. .. - .. ... - - .. - .. .. .. .. III - - REPORT NO.: PSD-127-o2 PAGE 5 - 2.2.6 Meals The provision of meals to guests, especially breakfast, is typically provided by a bed and breakfast establishment. The establishment of a dining room open to the public other than guests of the bed and breakfast, goes beyond the traditional definition of a bed and breakfast. Eating establishments require Health Unit approval, typically employ persons other than those residing within the dwelling, require additional parking and loading spaces, have longer hours of operation during which traffic is generated, and require municipal site plan approval. In areas where full municipal services are not available there are also concerns regarding well water quality and quantity and septic bed capacity. - - .. - - - 2.2.7 Owner Occupied To consider the inclusion of bed and breakfast establishments in residential areas staff would recommend that bed and breakfast establishments continue to be operated as a home occupation. This means a bed and breakfast establishment shall also be the principle residence of the proprietor and staff is limited to family members residing in the home plus one additional staff person. By limiting the number of outside staff working in a bed and breakfast establishment, parking spaces are available for bed and breakfast establishment guests. - - - .. 2.2.8 Lot or House Size As the current Zoning By-law only permit~ bed and breakfast establishments in Agricultural zones, lot size has not been a conc8\fl to date.. If consideration is given to allowing bed and breakfast establishments in ufban areas, minimum lot area and frontage should be addressed. The Municipal Zoning By-law does provide for landscaped open space, generally 40% to 45% of a property. Landscaped open space does not include parking areas, driveways, or any area covered by building or structure. By regulating minimum lot area the Municipality has a secondary mechanism to ensure the appearance of a bed and breakfast property has a minimal impact upon a neighbourhood. _. - - - - 620 - REPORT NO.: PSD-127-o2 PAGE 6 In rural areas, a minimum lot area requirement of 4000 m2 (1 ac) is required for all new lots. In consultation with the Regional Health Department, Municipal Staff can investigate if this is also appropriate for the establishment of new bed and breakfast uses in existing dwellings on existing lots. 3.0 SITE PLAN 3.1 Within the Municipality of Clarington, site plan approval is not required for residential buildings containing less than three (3) cwelling units (By-law 90-130). As bed and breakfast establishments are a home occupation within a single detached dwelling, site plan control would not apply. .", - .. .", ... - - - Bed and breakfast establishments are considered a home occupation as by their nature they may be assimilated into residential neighbourhoods with minimal impact. The - Municipality's current zoning and sign by-law provisions regulate parking, appearance, scale and signage for bed and breakfast establishments. Cash-in-Iieu of parkland and - development charges are not applicable for established residential uses and thus site plan approval will not achieve anything further for the Municipality. .. 4.0 SIGNS The Sign By-law permits one sign per property for a home occupation use. The sign can be either a ground or wall sign, no greater than 0.55 metres in area. The Clarington Sign By-law defines a sign as being the words ~nd logo. The total display area may be 150% larger resulting in the total permitted sign site in 0.825 m2 or 9 tf. Staff are of the opinion this remains appropriate for bed and breakfast establishments in urban and rural settlement areas. The sign by-law has three heritage resource areas where sign appearance is regulated to protect significant architectural features on a building and to prohibit signs which detract from the heritage nature of a surrounding area. Staff would recommend that if bed and breakfast establishments are permitted in urban and hamlet areas that 621 .. .. .", .. - .. - .. - - REPORT NO.: PSD-127-02 PAGE 7 - - - - - 5.0 - - - - - - - - - - - - Schedule 1 - Heritage Resource Areas be amended in increase the size of the heritage resource areas to include heritage areas, such as the old Bowmanville neighbourhood. Additionally, all buildings identified or designated as heritage dwellings should follow the same regulations for signs as per the heritage resource areas. As urban areas and hamlets are all lit with municipal street lights, lit signs should not be permitted for bed and breakfast establishments in residential areas. INSPECTIONS A~~D LICENSING Under the Municipal Act, 2001, the Municipality may require licenses where issues of health and safety, nuisance control and consumer protection are apparent. As a place of accommodation for visitors, the Municipality may wish to ensure that accommodations meet basic safety requirements. As part of this licencing requirement, inspections may be required or certificates of approval from outside agencies and departments. For example, a fire inspection and approvals from Emergency Services should be required, Health Department approval for both septic and food preparation may be appropriate. Planning Services Department would provide comments on parking and signage, prior to permitting a bed and breakfast business operation. By requiring a bed and breakfast establishment to obtain a municipal license, the Clerks Department could ensure approvals have been received from all agencies and provide a list to Emergency Services Department for fire fighting and emergency purposes. Appropriate fees for a licence would be determined on the basis of staff time requirements. '. Staff will investigate licencing requirements concurrent with the preparation of a by-law amendment. 6.0 RECOMMENDATION 6.1 Bed and breakfast establishments are viewed by many as a positive incentive for tourism in an area. They can also be viewed negatively by neighbours concerned about nuisance impacts. A recent case in the City of Oshawa led to considerable controversy 622 . ... REPORT NO.: PSD-127-o2 PAGE 8 .. and an Ontario Municipal Board Hearing. Nevertheless. Staff view the initiative as a positive step tor the tourism industry in Clarington. .. 6.2 It is recommended that Staff be authorized to proceed with a zoning by-law amendment and sign by-law amendment and consider the merits of a licensing by-law to permit the establishment of bed and breakfast establishments in urban and hamlet areas in Clarington. The Sign By-law Amendment would be incorporated into other amendments to the Sign By-law as a low priority item. .. - .. - - - - .. - WIllI " .. .. - - .. 623 - ATTACHMENT 2 .. .. Colleen Konoby 97 Daiseyfield Ave.. Courtice. ON Ll E 383 Phone: (905) 436-9642 Fax: (905)436-9642 - May 10, 2003 '03MAY15 Pt'l 1 :09:13 .. Clerks Department 2nd Floor, 40 Temperance Street, Bowmanvi!!e, Ontario L 1 C 3A6 PJ..ANtylIAlffl,-E No.', Zl:>A ~003-0(3 ; 11RTf{CC~;TI\\~tffil ' , ',' ':,.........1! '., j i - L 'j .. To Whom It May Concern: .. I wish to submit my written representation in opposition to the proposed Zoning By-law Amendment that would permit Bed and Breakfast establishments. I don't believe that there can be proper control and/or monitoring of such establishments. I for one do not want such an establishment on my street or anywhere near where I live. You can never be sure of the type and character of a person who would use such an establishment, whether they were a criminal or not. Such a person who would be "here today and gone tomorrow" would not have the same care for a community that one would have that lives here. Such people may be out for their own pleasure with no respect for anothet's property, such as noise, litter, property destruction, use of inappropriate language and/or behavior, and could possibly even endanger our children. - .. .. - - On our street an added three cars to homes with Bed and Breakfast's would make our already crowded street even more crowed with more cars parking on the street and an added increase to traffic flow. The increase to traffic flow would further endanger the children that play in the street, and add to the traffic noise that already exits. There are already hotels and motels to accommodate vis!tors.to.owJ' Cl:lf.tfrilwQitl'e~..2, that can be more easily monitored by hotel security and POI.ice;..". :t-.Ther.~f.._Qr..J.am .j'..~ definitely against having these kinds of establishments. M:~. BY , . ._ ~!... .. .. .. Sincerely, CO(i~~r . ........--t I _...._i.....,---1 j- ; I ~..-__..,.._......,....... ,..,........l-. ........--': , .. ........,'_-...:...;.-.. +". ..---f. I - ...,--~ ._.....J ;.-. '''' . .... '..~..' -t-_.~-~ ...~..,..-_.-_...... .. - "';.. :,:'.~~"?:<':~";".,-" 624 - DRAFT THE 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 former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended of the former Town of Newcastle to regulate Bed and Breakfast Establishments; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "Section 2 Definitions" is hereby amended by adding to the definition of Home Occupation the following words immediately following "Agricultural Exception (A-1) Zone": "General Commercial (C1)", "Residential Hamlet (RH)", "Rural Cluster (RC)", "Residential Shoreline (RS)", and "Urban Residential Type One (R1)" and "Urban Residential Type Two (R2)" Zones inclusive of all exception zones. 2. "Section 3 General Provisions" is hereby amended by adding a new Section 3.3 and subsequently renumbering all following sections accordingly. "Section 3.3 BED AND BREAKFAST ESTABLISHMENTS A Bed and Breakfast Establishment shall be permitted within a single detached dwelling located in the "Agricultural (A)", "Agricultural Exception (A-1)", "General Commercial (C1)", "Residential Hamlet (RH)", "Rural Cluster (RC)", "Residential Shoreline (RS)", "Urban Residential Type One (R1)" and "Urban Residential Type Two (R2)" subject to meeting the following provisions: a) A maximum of three (3) guest rooms are permitt8d; b) The bed and breakfast establishment shall remain clearly, incidental and secondary to the single detached dwelling in which it is situated; c) The Bed and Breakfast establishment shall not change the character of the dwelling nor create or become a public nuisance due to traffic, noise and hours of operation; d) The dwelling shall not be used simultaneously for any other home occupation; e) The dwelling shall be fully serviced with municipal water and sewerage system or well and private sanitary waste disposal system that comply with the regulations of the Ministry of Environment; and f) A minimum 30% landscaped open space must be maintained in the front yard." 3. This by-law shall come into effect on the date of the passing thereof, 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 625 Patti L. Barrie, Municipal Clerk ATTACHMENT 3 .. .. ... .. .. .. .. - .. .. ... ... ... .. - .. - .. ... - - Cl!Jlfflgfnn REPORT PLANNING SERVICES PUBLIC MEETING - - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 2, 2003 - Report #: PSD-059-03 File #: ZBA 2003-014 By-law #: - Subject: REZONING APPLICATION APPLICANT: MARTIN ROAD HOLDINGS LTD. - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. - 2. .. 3. - THAT Report PSD-059-03 be received; THAT the rezoning application submitted by Martin Road Holdings Ltd. be APPROVED and the by-law be passed as contained in Attachment 2; and THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: ~ cJ~~.~v~ Reviewed by: .. - D id Creme, M.C.I.P.,R.P.P. Director, Planning Services Franklin Wu Chief Administrative Officer - EC/L T/DC/df 22 May 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - - 626 REPORT NO.: PSD-059-03 PAGE 2 1.0 APPLlCA liON DETAILS 1 .1 Applicant: Martin Road Holdings Ltd 1.2 Related applications: Land Division applications LD 028/2003, LD 029/2003, LD 030/2003, LD 031/2003 and LD 032/2003. 1/1IIII - ... 1/1IIII 1.3 Location: West side of West Side Drive between Baseline Road and Bottrell .. Street. On Part of Lot 15, Concession 1, Bowmanville. in Part of Part 1 of Plan 40R-18975 (being part of draft approved plan 18T- .- 90050) and Blocks 82 to 87, inclusive, of Plan 40M-1816. To rezone the following lands: .. 1.4 Rezoning: Part of Part 1 of Plan 40R-18975: from "Holding - Urban .. Residential Type Two ((H) R2) Zone" and Urban Residential Exception (R1-41) Zone to "Urban Residential Type Two (R2) 1/1IIII Zone"; and Blocks 82 to 87, inclusive, Plan 40M-1816: from "Agricultural (A) Zone" to "Urban Residential Type Two (R2) Zone". 2.0 BACKGROUND 2.1 Due to the configuration of West Side Drive in Phase IV of the Aspen Springs subdivision (Plan 40M-1816), a small area fronting on the west side of West Side Drive was divided into blocks for future residential use. The agricultural zoning of these blocks was left unchanged. The owner, Martin Road Holdings Ltd., is now in the process of merging these blocks with blocks of the adjacent draft approved subdivision to the west (18T -90050) in order to have six properties appropriate for single detached dwellings having frontage on West Side Drive. The blocks in question on the draft approved plan were zoned "Urban Residential Exception (R1-41)" and "Holding-Urban Residential Type Two ((H)R2) Zone". The rezoning of Blocks 85, 86, 87, 88 and 89 on 18T -90050 was one of the conditions the 627 1/1IIII .. .. .. .. - .. .. 1/1IIII .. - REPORT NO.: PSD-059-03 PAGE 3 - Municipality requested through the Durham Land Division Committee applications. - 3.0 SITE CHARACTERISTICS AND SURROUNDING USES - 3.1 The site is currently vacant. - 3.2 Surrounding Uses: East - Elementary school - North - Single detached dwellings West - Vacant - South - Single detached dwellings - 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the - subject site and a public meeting notice sign was installed on the subject lands. There have been no inquiries from any surrounding landowners. - - 5.0 OFFICAL PLAN POLICIES 5.1 The Clarington Official Plan designates the area as "Urban Residential". The predominant use of land within this designation is residential. The application conforms to the Official Plan. - - .. 6.0 ZONING BY-LAW 6.1 The lands subject to the application are currently zoned "Holding - Urban Residential Type Two ((H) R2) Zone" and "Agricultural (A) Zone". As well, a small corner of one of the future lots is in a "Urban Residential Exception (R1-41) Zone". The minimum frontage to build a single detached dwelling in an "Agriculture (A) Zone" is 30 metres. The minimum lot frontage and lot area for residential use in the requested R2 designation is 12 metres and 370 square metres, respectively. The proposed use, 6 single detached dwellings on 6 lots, complies with the requirements of the R2 zone. - - - - - 628 REPORT NO.: PSO-059-03 PAGE 4 ... 7.0 AGENCY COMMENTS 7.1 Although Engineering Services offered no objections to the application, a request was made that building permits for Block 82 on 40M-1816 and Block 88 on 18T- 90050 only be issued following the construction of the adjacent future road allowance within draft plan 18T-90050. The applicant has been made aware of this requirement and concurs with the request. The applicant is currently working towards the completion of the Municipality's subdivision agreement to permit the registration of draft plan 18T-90050. The registration would include this portion of the future road allowance. - .. .. .. .. 7.2 Although staff has not received any other agency comments prior to the preparation of this report, it is not anticipated any objections will be submitted. This is based on the positive agency comments that were received by the Region of Durham Committee when the related Land Division Committee applications were approved. ... .. .. - 8.0 STAFF COMMENTS 8.1 The application, as filed, is considered a technical correction to ensure that the two abutting plans of subdivision develop in a compatible form. It is anticipated that there will be no issues raised through the public meeting. As such and although it is not common practice, staff would have no objections to the approval of the application through the public meeting report. .. .. .. 9.0 RECOMMENDATIONS 9.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be APPROVED. .. .. Attachments: Attachment 1 - Key Map Attachment 2 - By-law .. .. ... 629 - - REPORT NO.: PSD-059-03 PAGE 5 - Interested parties to be notified of Council's decision: - Kelvin Whalen Martin Road Holdings Ltd. 1029 McNicol Avenue Scarborough, ON M1W 3W6 - - - - - - - - - - - - - - - 630 - / ~ O;\) <0 ~ (;*- oCJ*- ~\)<:) <(;'vO <(;V ~ OJ " If> - -57-- ~ '" z w w '" " ~( ATTACHMEHT 1 ... - .. ~ \S'~ ... ... lIIliIl ~ ~ lIIliIl .. o -a z. {'f\ ... - .. 2: ... .. ...... N C.I ... - Z8A 2003-014 Zoning By-law Amendment - Owner: Martin Road Holdings Ltd. lIIliIl ... 631 - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 2003- - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle - - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with the application ZBA 2003-014 to permit the development of 6 single detached dwellings; - 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 from "Holding - Urban Residential Type Two ((H) R2) Zone", Urban Residential Exception (R1-41) Zone" and Agricultural (A) Zone" to "Urban Residential Type Two (R2) Zone", as illustrated on the attached Schedule "A" hereto. - - 2. - 3. .. Schedule HA" attached hereto shall form part of this By-law. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of 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 - - Patti L. Barrie, Municipal Clerk - h~? ATTACHMENT 2 .. This is Schedule "A" to By-law 2003- passed this day of _ , 2003 A.D. John Mutton, ~oyor Cl <l: o 0::: z w W 0::: o Bowmanville - LOT 15 WI ~ .. U')'- 0>0 ~ .. 0 or- ~t- z ~ 0 .. CJ) CJ) W 0 .. Z 0 0 .. ~ ~ ~ lIIIIJ] WI .. Zoning Change From "A" to "R2" Zoning Change From I(H)R2" to "R2" Zoning Change From "(H)R1-41" to "R2" - Patti L. Barrie, Municipal Clerk .. L - o <l: o 0:: .. PENFOUND ~ -' 0:: W ~ ~ - DRIVE z f= 0:: <l: :::! SQUIRES ATE .. Subject Site - BASELINE J. 633 ROAD .. I r "'----"I ( i .. .. Cl!l!il1gton REPORT .. - PLANNING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, June 2, 2003 .. Report #: PSD-060-03 File #: By-law #: .. Subject: MUNICIPAL ROSTER OF CONSULTANTS FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STUDIES - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report PSD-060-03 be received; and - 2. That the termination date for the Roster of Consultants for the Preparation of Environmental Impact Studies, as indicated in Section 2 of Report PD-066-00, be extended to June 30, 2004. .. .. Submitted by: David . Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: () AaJlQ_ !2<-- """- Franklin Wu, Chief Administrative Officer - .. .. FL *DJC*sh May 23,2002 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 634 .. ... REPORT NO.: PSO-060-03 PAGE 2 .. 1.0 BACKGROUND .. 1.1 Section 4.3.8 of the Clarington Official Plan requires that an Environmental Impact Study be prepared for any development application location on or adjacent to a Natural Feature identified on Map C of the Plan. The Municipality is to retain qualified professional expertise to undertake the Study, with the cost of the study to be borne by the developer. .. .., 1.2 On October 15, 1996, Council approved Guideline to implement Section 4.3.8 of the Official Plan. The Guidelines indicate that the Planning Department will develop and maintain a roster of consulting firms qualified to prepare Environmental Impact Studies, and that Staff will seek Council's authorization to renew the roster every three (3) years. .. .. ... 1.3 On July 3, 2000, Council considered Staff Report PD-066-00 and approved the following Roster for the Preparation of Environmental Impact Studies: _ . Philips Engineering Ltd. in association with C. Portt & Associates, Dougan & Associates and Blackport & Associates . Aquafor Beech Limited in association with Beak International . Gartner Lee Limited . Niblett Environmental Associates Inc. in association with Geo-Logic Inc. and D. M. Wills Associates Ltd. .. ... .. The effective period for this Roster, as approved by Council, is July 1, 2000 to June 30, 2003. The existing Roster of Consultants is due to expire shortly. - 2.0 REQUEST TO EXTENT PERIOD OF ROSTER .. 2.1 For reasons outlined below, Committee is being requested to extend the period of the Roster by an additional one (1) year. .. (i) The process to renew the Consultant Roster is fairly time consuming, requiring staff time to review Expressions of Interest from several consulting firms and to conduct interviews with a number of firms. Because of the commitment of Planning Services resources to other higher priority projects, insufficient time is available to properly undertake the process to renew the Roster of Consultants. Staff from the Ganaraska Region Conservation Authority and the Central Lake Ontario Conservation Authority are also involved in the consultant selection process. ... ... ... 635 lJ:II .. - - .. - - - .. .. .. - .. - .. - - .. - - REPORT NO.: PSO-060-03 PAGE 3 (ii) The consultants on the existing Roster have consistently provided very good services. To date, a total of five (5) Environmental Impact Studies have been undertaken since this Roster came into effect. In addition, one (1) peer review was carried out. In every case, Planning Services has been pleased with the quality of service and product provided by the consultants on the existing Roster. 3.0 CONCLUSIONS 3.1 A one year extension for the current Roster of Consultants for the Preparation of Environmental Impact Studies will provide more time for Planning Services staff to complete several high priority projects. This extension would bring the termination date for the current Roster to June 30, 2004. Attachment 1 - PD-066-00 Interested Parties to be notified of Council and Committee's decision Mr. Don Wright Manager of Planning Central Lake Ontario Conservation 100 Whiting Avenue Oshawa, Ontario L 1 H 3T3 Mr. Rob Franklin Planner Ganaraska Region Conservation Authority P.O. Box 28 Port Hope, Ontario L 1 A 3W4 Mr. D. E. Maunder Aquafor Beech Limited 14 Abacus Road Brampton, Ontario L6T 587 Dr. Donald M. Fraser Senior Ecologist, Principal Gartner Lee Limited 140 Renfrew Drive Suite 102 Markham, Ontario L3R 6B3 Mr. Ronald B. Scheckenberger Director Philips Consultants 3215 North Service Road Box 220 Burlington, Ontario L7R 3Y2 Mr. Phil Niblett Niblett Environmental Associates 1484 Highway 7 A Bethany, Ontario LOA 1 AO 636 THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON ATTACHMENT ~ ... REPORT Meeting: General Purpose and Administration Committee File # Date: Res. # Monday, July 3, 2000 Report #: PD-066-00 File #: PLN 17.9.4 By-law # Subject: MUNICIPAL ROSTER OF CONSULTANTS FOR THE PREPARATION OF ENVIROMENT AL IMP ACT STUDIES FILE NO.: PLN 17.9.4 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-066-00 be received; 2. THAT the Roster of Consultants for the Preparation of Environmental Impact Studies, as indicated in Section 2 of Report PD-066-00 be approved, and remain in effect for the period from July 1,2000 to June 30, 2003; 3. THAT Purchasing By-law #94-129, Section 5, Paragraph 5.13, be waived for the term of the Roster; and 4. THAT all interested parties listed In this report and any delegations be advised of Council's decision. 1. BACKGROUND Section 4.3.8 of the Clarington Official Plan requires that an Environmental Impact Study be prepared for any development application located on or adjacent to a Natural Feature identified on Map C of the Plan. The Municipality is to retain qualified professional expertise to undertake the Study, with the cost of the study to be borne by the developer. The Guidelines for the Preparation of Environmental Impact Studies, as approved by Council in October 1996, indicate that the Planning Department will develop and maintain a roster of consulting firms qualified to prepare Environmental Impact Studies. When a development application is submitted that necessitates the preparation of an Environmental Impact Study, only the consultants on the roster are invited by the Municipality to submit a proposal. 637 .. .. .. ... .. .. ... .. .. ,. - - .. ... ... - .. .. .. REPORT PD-066-o0 PAGE 2 - The current roster of consultants was to expire on December 1, 1999. On November 22, 1999, Council approved an extension to this period, so that the current roster expires on June 30, 2000. - - 2. CONSULTANT SECTION - The Municipality issued a Request for Expressions of Interest on May 18, 2000 with submissions due June 5, 2000. A total of six (6) Expressions of Interest were received (see Attachment No.1). Four of the Expressions of Interest incorporate sub-consultants in order to provide the range of environmental expertise required by the Municipality. - - In consultation with the Manager of Purchasing and staff from Central Lake Ontario Conservation Authority and Ganaraska Region Conservation Authority, Planning staff interviewed all 6 submitting consultants. As a result of the interviews, the following firms are recommended for inclusion on the Municipality's Roster of Consultants for the Preparation of Environmental Impact Studies. Philips Engineering Ltd. in association with C. Portt & Associates, Dougan & Associates and Blackport & Associates Aquafor Beech Limited in association with Beak International Gartner Lee Limited Niblett Environmental Associates Inc. in association with Geo-Logic Inc. and D. M. Wills Associates Ltd. - - . .. . . . .. - 3. CONCLUSION - Subject to Council's approval, the Roster of Consultants will come into effect immediately and remain in effect until June 30, 2003. Under the Guidelines approved by Council, the Director of Planning is authorized to enter into contracts with the firms on the Roster for the preparation of individual Environmental Impact Studies. - - A competitive bid process was used for the selection of the firms and the Expressions of Interest included hourly rates, which may not be exceeded for the term of the Roster. As such, Purchasing By-law #94-129, Section 5, Paragraph 5.13, which indicates the need for Committee and/or Council approval for Consulting and Professional Services costing more than $20,000.00, should be waived for the term of the Roster. - - - - 638 . REPORT PD-066-00 PAGE 3 ... ... Respecfully submitted, Reviewed by, ... . rome, M.C.I.P., R.P.P. of Planning & Development d ~-=-~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer ... ... JAS*KK*BN*DJC*cc June 27, 2000 ... Attachment No. 1 Expressions of Interest Received ... Interested parties to be notified of Council and Committee's decision: . Mr. Don Wright Manager of Planning Central Lake Ontario Conservation 100 Whiting Avenue Oshawa, Ontario L1H 3T3 Mr. Bruce Bennett Acres & Associates Environmental Limited 21 Four Seasons Place Suite 525 Etobicoke, Ontario M9B 6J8 ... ... ... . Mr. Rob Franklin Planner Ganaraska Region Conservation Authority P.O. Box 28 Port Hope, Ontario L1A 3W4 . Mr. Ronald B. Scheckenberger, Director Philips Consultants 3215 North Service Road Box 220 Burlington, Ontario L7R 3Y2 ... - . Mr. D. E. Maunder Aquafor Beech Limited 14 Abacus Road Brampton, Ontario L6T 5B7 Ms. Jennifer Harker Dillon Consulting Limited Box 1850 North York, Ontario M2N 6H5 ... - . Mr. Donald M. Fraser Senior Ecologist, Principal Gartner Lee Limited 140 Renfrew Drive Suite 102 Markham, Ontario L3R 6B3 . Mr. Phil Niblett Niblett Environmental Associates 1484 Highway 7 A Bethany, Ontario LOA 1AO ... ... ... ... 639 .. .. ATTACHMENT NO. 1 - .. - ENVIRONMENTAL IMP ACT STUDIES EXPRESSIONS OF INTEREST RECEIVED LEAD CONSULTANT SUB-CONSULTANTS Niblett Environmental Associates Geo-Logic Inc. D.M. Wills Associates Ltd. Acres & Associates Trees Unlimited Forestry GEO Grafix Consulting Services Ltd. P ARlSH Geomorphic I Dillon Consulting Limited Phillips Engineering C. Portt & Associates Dougan & Associates Blackport & Associates Aquafor Beech Limited Beak International Inc. Gartner Lee Limited - - - - - - - .. - - - .. - - 640 - ... .. fI1II .. .. - ... - WI ... ... .. ... - - .. ... .. III ... ... CJ.~gfOn REPORT - PLANNING SERVICES .. Meeting: ... GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 2,2003 - Report #: PSD-061 -03 File #: By-law #: - Subject: - RECOMMENDED DISPOSITION OF THE OUTSTANDING APPLICATIONS FOR OFFICIAL PLAN AMENDMENTS, ZONING BY -LAW AMENDMENTS AND PLANS OF SUBDIVISION - RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. . 2. .. 3. - 4. ... - .. .. - - THAT Report PSD-061-03 be received; THAT the recommendations as contained in Appendices No.1, 2 and 3 of this report be APPROVED; THAT the interested parties and delegations regarding each application dealt with in this report be advised of Council's decision with respect to the application; and THAT a copy of this report be forwarded to the Region of Durham Planning Department. Reviewed by: C J~-=-C0~ Franklin Wu, Chief Administrative Officer Submitted by: Davi . Crome, MCIP, R.P.P. Director of Planning Services CS*L T*DJC*sh May 21,2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 641 ..' REPORT NO.: PSD-061-03 PAGE 2 .. 1.0 BACKGROUND .. 1.1 The Planning Services Department currently has a number of outstanding files for various types of development applications. There include: .. ~ An application to amend the Clarington Official Plan; ~ Applications to amend the Comprehensive Zoning By-law 84-63; and ~ Applications for Plan of Subdivision. .. 1.2 The applications have been inactive for a number of years, either because the applicant has not submitted the required technical studies to support the application, additional development applications were required and have not been filed or the lands have changed ownership and the new owner has chosen to proceed with a different development application. .. ... .. .. 1.3 All of these applications have had a Public Meeting and Council recommended that they be referred back to Staff for further processing. The purpose of this report is to deal with Council's previous direction on each application and recommend that the files be closed. .. .... 2.0 COMMENTS .. 2.1 Appendices No.1, 2 and 3 to this Report lists the outstanding applications for Official Plan amendment, Zoning by-law amendment and draft approval of Plans of Subdivision .. respectively. Staffs comments and recommendations are provided for the application. .. 2.2 Attachments 1-12 contain the location map and interested parties list for each application. - 2.3 In the instance, where the applicant has not submitted the requested information or filed the appropriate development application, Staff had contacted the applicant and requested that they advise staff of their intentions to proceed with the application. A considerable time has passed since that time and therefore Staff are recommending that these files be closed. wtJ .. .. 642 .. .. .. REPORT NO.: PSO-061-03 PAGE 3 .. 3.0 3.1 RECOMMENDATIONS It is respectfully recommended that Committee endorsed staff recommendations contained in Appendices 1, 2 and 3 to this report. .. - Appendix NO.2: Appendix No.3: Recommended Disposition of an Outstanding Official Plan Amendment Application Recommended Disposition of Outstanding Plans of Subdivision Recommended Disposition of Outstanding Rezoning Application Appendix NO.1: - .. Attachments 1-12: Location Maps and Lists of Interested Parties .. .. - .. .. .. - -- .. - - - 643 Z o i= c:( u :J Q. Q. c:( I- Z w :E C Z w :E c:( Z c:( ..J Q. ..J c:( U u. u. o Z "1'""0 .1- OC) Zz ><- -0:: Cc:( Z..J wu Q.C) ~Z C Z c:( ?- m l- => o u. o Z o ?- m o Q. m C C W C Z w :E :E o u W 0:: en .... u.Z u.W <:E ....:E eno (.) e~ Wz ....w en:E we =>z Ow w:E 0::< z o ~ < (.) o ...J .... z w C) ~ .... z < (.) ::i D- D- < I ... "0 C ro "0 <( .!!2 o..C o~ o Q) c.c OC") :';::;0 ~e"O .- 0 Q) a. 0 (/) 0.0 0 <(NU .. .. ... 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ATTACHMENT NO 1 - INTERESTED PARTIES REGARDING OUTSTANDING OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION - - FILE# OWNER: APPLlCANT(AGENT) LOCATION: - - INTERESTED PARTIES: - COPA 2000/004 (x-ref ZBA 2000/020) LOBLAWS PROPERTIES LTD. ZELlNKO PRIAMO LTD. PART LOT 16, CONCESSION 1, FORMER TOWN OF BOWMANVILLE Mario Fatica Director of Real Estate Development Loblaws Properties Limited 22 S1. Clair Avenue East Toronto, Ontario M4T 2S5 Hugh Handy Zelinka Priamo Ltd. 34 Carrington Place Guelph, Ontario N 1 G 5C2 - - - Willsonia Industries Ltd. Glen Willson 140 Bond Street West PO Box 488 Oshawa, Ontario L 1 H 7L8 .. Debbie Clarke Halloway Holdings Ltd. 177 Nonquon Road 20th Floor Oshawa, Ontario L 1 G 3S2 Maureen Kitchen The Great Atlantic and Pacific Company of Canada Ltd. 25 Vickers Road Etobicoke, Ontario M9B 1 C1 - .. .. - - - - 649 ATTACHMENT 1 - - ~ SUBJECT SITE .. LOT 17 LOT 16 LOT 15 N .. . u ... z 0 u - BOWMANVILLE KEY MAP /::~ ~\5 I // )~ ./'\ ( ! ....-:/ //\~ ~ r COPA 2000-004 ZBA 2000-020 , SPA 2000-017 ... UPT WN AVE. ... ~ filii ---- or-- Z .. z 0 - 0 (f) ~ (f) .. (.!) W z e:: U ~ Z .... 0 () U - .. - ----" - .. ... .. ." 650 .. ATTACHMENT NO.2 - - INTERESTED PARTIES REGARDING OUTSTANDING SUBDIVISION APPLICATIONS - .. - FILE# OWNER: APPLlCANT(AGENT) LOCATION: 18T -86068 SCHLEISS AND HOLLAND GLEN EASTON PART LOT 34, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON - INTERESTED PARTIES: - - Mr. Glen Easton G. R. Easton Associates Ltd. 314 Clendenan Avenue Toronto, Ontario M6P 2X3 Mr. Walter Schleiss Mr. Raymond Holland 17 Swiss Heights Drive Oshawa, Ontario L 1 H 7K5 - -" - - - - .. - - - - 651 Lot 35 I I I; IV ~I ~ C ~ I I) I LAWSON I ROAD LJJ .... ll:: ~~ - -ffil j~ l~ S-r; -\ Ii \---- I s 12 <<::I ~ ~ -;:::=" -17 TV/ ~1/ /' / / / ~ ~ ~ _ Subject Site Courtice Key Map Lot 34 ~/ lj/ W0~ ~~~/~ ~ ~~ ~~ ~~~ ~~~~~ ~ ~ '/ 0~ ~ ~~, ~~ / '/ ~ / ~ " ~ / I " ~ % ~ I~I I ~ ~ , "-<.. '/. '/Z/ '/ ~ CCNll; '/ h 'l L.l ~ ~~ ~ ),; :~~~ \EI.-:[.~NE 1. _ ~~~ y CRT ~r'r\-~= -::: I ~ -lS- jlE --~- i'ii - - HARTSFIELD /-~ ~- I \ i/_~ - -~= ^'-\ Ir~- -=i~ r ~l=~ ~ "'r' 1 I ~ /)== t!j<<::l== - OAKFIELD GAIt. '/ \.. g - - = TrT~ ~=-- = :t ~- ~ - <<::II-- ~ '= BIRCHF'JHp~. I-- - COURTICE - I-- L_ \!,! =_ ~f~k l2\ - _f- 9 - ,-- '"' "J- - ~ - -lE- Y L ~-~- -~- \"-. '-~- - - - \ "-.-lij- - - T-(j- -_ - S.T.WORDEN _ - --- - PUBLIC <; - - ELEMENTARY ~ ~ CLOVERFlELD ST. := = SCHOOL // I I H - 1 HrrT NASH ROAD ~- I -~I- / /- ~ I T 652 Lot 33 J ATTACHMENT 2 .. /1 ... - .. I-- I- '-- ,....., .. .. .. L \ I \ I L- ... tr) .. c o .- (/) (/) CZ> o c o u ... ... .. - ... - -<<::I ~ - I~ .. \ ~~~ .. .. .. 18T -86068 .. ... - .. ATTACHMENT NO.3 - INTERESTED PARTIES REGARDING OUTSTANDING SUBDIVISIONREZONING APPLICATIONS .. .. FILE# OWNER: APPLlCANT(AGENT): LOCATION: .. - INTERESTED PARTIES: - 1121661 Ontario Limited 25 Bradley Blvd. Hampton, Ontario LOB 1 JO - .. .. - .. .. .. - .. - - 18T -88017 (x-ref DEV 88-032) 1121661 ONT. LTD. PART LOT 10, CONCESSION 1, FORMER TOWNSHIP OF CLARKE 653 ATTACHMENT 3 .. Cl ~ Cl .. <( e::: 0 e::: Vl z W W -I .. > -I 0 5 z 0 ~ ~ w .. z Z 0 U) U) ... W U Z 0 ... U .. LOT 10 LOT 9 HILL STREET HIGHWAY 401 ~ I I Subject Site 4435 Highway 2, Newtonville Newtonville Key Map 18T-88017 654 .. N Z o U) U) w U z o u ." .. .. .. ... .. ... .. .. .. fill - - ATTACHMENT NO.4 - INTERESTED PARTIES REGARDING OUTSTANDING SUBDIVISION/REZONING APPLICATIONS - - FILE# OWNER: APPLlCANT(AGENT) LOCATION: - INTERESTED PARTIES: - - Mark Foley Kingsberry Properties Inc. 319 College Avenue Oshawa, Ontario L 1 H 7K8 - - .. - - - - - - - - 18T .88057 (x-ref DEV 90-011) KINGSBERRY PROPERTIES INC. PART LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON Libby Racansky Friends of the Farewell 3200 Hancock Road Courtice, Ontario L 1 E 2M1 655 Lot 31 Lot 30 / /.1 :I. .I .I /. .I .I .I .I .I .I .I .1.1 tI .I .I .I I ~~ ~ '" DAISEY FIELD A VENUE .... g I \ ~ ~ ~ ~i~~ ~ ~ ,~~~I ] / -=: '--- ~ (;<(, ~ ""'- \11 ~ \ ~~ _ ~fA~ .....~-_ r / s;:r- J ...--. - /' t:: I- BROADLANDS I- \ 1/ ~ - _ I- r-----.. gCOURT}--- - - ~o ~~ - I- _~ ~ I-- <.:l t=. I- ~ 1 CRESCENT J ~ t:: I- ~ I f\) V"" STREET ~)::CI OD<JNDAJI ~ ~ ~ I c I/):::. f- '1~r- .\ //=8 = ~ MOSSGROVE~ :l~ V=~ == jl:::-L \ "" c ---' Cl .ll::;3l / / ~ = (..it I -'l88ErwOOD f-- 0:: =r ALDERBROOK # C) - \11 ~ I lJI!jc7~J ~ - g AN .J--.... C5~<9.) / ~..... 000 CRES. ~--y I~ ~- ITTl \ ~ NASH I \ I \ ~ Subject Site Courtice Key Map A I I Al;HMt:.N' ... .. .. / .. WI .. .I .I ~ /.1 '.I'/ .I / / // v/ v to / / .I "/ .I ~ ~ 'i2 }:j~.1-- ::z.1-- t-- """- GEORGE REYNOLDS DR. .. .. \ .. c o .- OR ~ ~ I ~~~ " ~ ~~E ~ ~~~ 1\ g V__Cl ~!:;!f-- U l:==-(j~ t"-=s _:r-f-- ~o- - E:t== f-- 1<:_ ~~t== i =~= J \....-.}-- ct ~ nfflLI FOUND CRES. -- . I ~]rnR~. ) = ffiEE I SOU<RE ~ GATE ~~ I I ) r-r- 1= ~s _____ W .L !~ ROAD .. .. .. .. .. .. - - ~ '" 2: II ~ WEST. .. I I '\. .. .. 18T-88057, Dev_ 90-011 .. 656 III - ATTACHMENT NO.5 ... - INTERESTED PARTIES REGARDING OUTSTANDING SUBDIVISION APPLICATIONS - - FILE# OWNER: APPLlCANT(AGENT) LOCATION: 18T -90048 (x-ref DEV 90-093) P. L. LEE INVESTMENTS LTD. ENGINEERING INTERNATIONAL PART LOT 25/26, BF CONCESSION, FORMER TOWNSHIP OF DARLINGTON - - INTERESTED PARTIES: - P. L. Lee Investments Ltd. 106 Alfred Ave North York, Ontario M2N 3H7 - - - - - - - - - - - 657 , ATTACHMENT 5 ... Lot 26 Lot 25 Lot 24 Lot 23 .. o o ~ c:: - < z .. ... - .. HIGHWAY 401 I") c SOUTH 0 - ERV/CE ROAD .- en en 0 Q) ~ U .. C c:: 0 0 () ~ ... c:: w z c:: ::::> 0 .. CD U) < 0 z :J 0 .. U) OSBOURNE ROAD ... CANADIAN NATIONAL RAILWAY ~ .. .. .. ~ Subject Site Courtice Key Map "" Dev_ 90-093 .. 658 ... .. ATTACHMENT NO.6 - - INTERESTED PARTIES REGARDING OUTSTANDING SUBDIVISION/REZONING APPLICATIONS - - FILE# OWNER: APPLlCANT(AGENT) LOCATION: 18T -95021 (x-ref DEV 95-024) AMBERGLEN DEVELOPMENTS INC. MALONE GIVEN PARSONS PART LOT 28 , CONCESSION 2 , FORMER TOWNSHIP OF CLARKE - - INTERESTED PARTIES: - Amberglen Developments Inc. PO Box 1060 Bradford, Ontario L3Z 2B5 Lorraine Dawson 92 Metcalf Street Newcastle, Ontario L 1 B 1 L9 .. - Malone Given Parsons 140 Renfrew Drive Suite 201 Markham, Ontario L3R 6B3 Mr. & Mrs. Walmsley 880 Regional Road 17 Newcastle, Ontario L 1 B 1 L9 - - Jean Allin 879 Regional Road 17 Newcastle, Ontario L 1 B 1 L9 Clayton & Mary-Lou Talley 704 Regional Road 17 Newcastle, Ontario L 1 B 1 L9 - - Stephen Selby 3130 Pollard road Newcastle, Ontario L 1 B 1 L9 .. - - - 659 - ATTACHMENT 6 ... LOT 29 LOT 28 LOT 27 ... CONCESSION ROAD 3 - .. .. - W N w .. a::: t- (/) Z 0 - (/) (/) a::: w ::> U ... :::I: Z t- O a::: U <( .. .. .. .. - .. .. W/7A Subject Site ~ 995 Durham Regional Road 17. Newcastle Village - Newcastle Village Key Map 1ST -95021 , Dev. 95-024 .. LLn .. - ATTACHMENT NO.7 - - INTERESTED PARTIES REGARDING OUTSTANDING SUBDIVISION APPLICATIONS - - FILE# OWNER: 18T .85025 LEON B. WALLIS DANUTA COLBOOTT - APPlICANT{AGENT) LOCATION: PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON - INTERESTED PARTIES: - - Leon B. Wallis 318 Burke Street Oshawa, Ontario L 1 J 4C6 - - - - - - - - - 661 - ATT ACHMENT 7 .. LOT 35 LOT 34 .. H -H II l~\ GLEN CAG I GlLWoBBEY ~ '" . _ >- '-- T rif#i'J ~ II lIT I II III, ~,~ \ ~=i1l\SUMMERJ=~......., \ \ --=:: Y TURNBERRY.I Rf?O: -~ ~ \ ~ f-- I- I-- Cl ~;:::: .\ ~~~ !iE f-- I-- I:jj f-- 1.:11-- ) .rfJ'fl.... N i ~ I- \ r- l<: ~ E=. y.V"/ ~ I /' TURNBERRY CRESCENT ~L-1-- ~ '= z VI I 85 == / 0 = BLOOR STREIT '--t::: ~ / / ~ .. ~ ~ ~ ~r--- ~ "- / / ~ ~.; ~~" ".J / 0 ~ =~::::"" L () '/ / .; ~ ~~ / /" ",,- o ~~ ~:= II "",- -- . - ... - .. .. '-.. Z/ ~'// ~~ ~'l .. BLOOR STREET - ~ ~rr :: ~[BA'fNUC ~ I r- OHmER r ~I--~ l5 ~~ <::l S2 I--- MONTAGUE AVE \I) ,-"- - ~ . - _ PICKARD GATE f T T1 I I 9 ~ ~ ~ AYLESWORTH AVE. It ~ u ,if ~L ~ SOUTHFlELD AVENUE I"'" 1-.1 ~ STAPLES AVENUE '= ~= ""- I ~= - - .. ~ .. ~ ~ ~ z o en en Ii~ .. ~ i~ ~l5 .. .. \ J - 11 CORNISH DRIVE fIIIIi ~ Subject Site .. Courtice Key Map 1 8T -85025 fIIIIi 662 .. - - ATTACHMENT NO.8 - INTERESTED PARTIES REGARDING OUTSTANDING CONDOMINIUM APPLICATION - - FILE# OWNER: APPLlCANT(AGENT) LOCATION: - .. INTERESTED PARTIES: - 824060 Ontario Limited (Melody Homes) 40 Bradwich Drive Unit 22 Concorde, Ontario L4K 1 K4 - - - - - .. - - - - - 18CDM-93005 824060 ONTARIO LIMITED (MELODY HOMES LTD.) PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE Valdor Engineering Limited 1206 Centre Street Thronhill, Ontario L4J 3M9 663 -~-= =-~Il.&.J= _ -.- - 0::_ 0:: a. < _0 I--O_:::E :::l_ gs --~ 51- ~ f----.- U LLJ I--f-- f----- ~ CHAMPINE SQUARE >----. ~ I I' -l -l o _ - ----- - c---I == tt=='- '" \ I - l.&.J -L ~ SQUARE ;:::::= ~ ... I-- Vl I-- f-- >- _CD -< -~ 0:: - - - - - - - - -t-.1 ,. -l.&.J _ 0:: ,. -tn f-- ,. LONGWORTH AVENUE i=~~~~ f----- Vl~O:: ~ <..? ELDAD DRIVE -~ II I-- --I - ~ - f--l.&.J----" -0- > ==~- II '1/ f--a: -CD- 1/-0 LOT 10 LOT 9 ~\ --, CONCESSION ROAD 3 - I ELFORD I 1.....:'== Vl== = >-- 0= 0::::= l.&.J= ~- 0.= <..? ELFORD :...---:::::::::: 1IIIIn~~ FENWICK I - ==~11 -- 0:: -0 .-- r'\ C' V-\)v DR. \ \ \ \ I- 0:: :::l o U ~ ii o J:> ~ ~ IS) ~'t-~\Sif.. II FREELAND - w ~ l.:l ~<v ~<v~ \>' - I I ~ w FREELAND a.. / I I ,8 \. tn _:J: I- 0:: o Z 00 ~r 01 _I MAXWELL CRT. / \ \ 1 t ~ f-- l- (/) ~- l.&.J CD ::i _ Vl -l -l l.&.J o z i Vl - - - - \ \ f---- f---- f---- - - - - - - I I I I I I I I I I I I I I I I /, 0/J I- - I- - - ATTACHMENT 8 ... I~L ... - "' ... .. ... AVENUE I - - 0:: l.&.J a.. o o :r: N Z o (f) (f) f------ W ~ () ~ z ~ 0 -() ... HOOPER SQUARE T ... .. (/) ~\ :::E .. II 1J/ ELDAD Y I--- o '----- ::0 f- <: I--- rT1 f--- I--- .. - --- l.&.J -l < o Vl ~ o ~~;~ ... ... .. ~ Subject Site 500 Mearns Avenue, Bowmanville Bowmanville Key Map Dev. 93-025 664 WI .. ... - .. - ATTACHMENT NO.9 INTERESTED PARTIES REGARDING OUTSTANDING REZONING APPLICATIONS - - - FILE# OWNER: APPLlCANT(AGENT) LOCATION: - INTERESTED PARTIES: - Carnovale Construction 1670 Green Road Bowmanville, Ontario L 1 C 3K7 - - - - - .. - - - - - DEV 90-047 CARNOVALE CONSTRUCTION LTD. PART LOT 17, CONCESSION 1, FORMER TOWN OF BOWMANVILLE 665 A I I Al;HMl=N I ~ .. Lot 1 7 Lot 1 6 ... ~ UPTOWN .. AVENUE ci ~ CD .. .. Cl < o a::: z o t- <.:l Z a:: :5 u .. - ... ... .. ... .. ... ... ... ... ~ Subject Site 2349 Durham Highway 2, Bowmanville .. Bowmanville Key Map Dev_ 90-047 .. 666 ... ATTACHMENT 10 - LOT 34 LOT 33 - I- - ~ ~ c.J ~ a: ~ - Ct: yj c.J ~ ~ c.J - a ~ ~ ~ a ~ - 03 ct a N )... 03 Q Q:: z - es ~ BRIARHILL 0 (3 9::: (f) ~ GATE (f) Q w - (} cj u z ~ 0 e5 u - !-:: ~ - c.J - - H/GHWA Y 2 - .. - - J - ~ Subject Site 1502 Centerfield Drive, Courtice ZBA 2000-022 - Courtice Key Map - 6f17 ATTACHMENT NO.11 .. .. INTERESTED PARTIES REGARDING OUTSTANDING REZONING APPLICATIONS .. FILE# OWNER: APPLlCANT(AGENT) LOCATION: INTERESTED PARTIES: Mr. Ron Sucee Tanglewood Farms RR# Bowmanville, Ontario L 1 C 3K3 .. .. DEV 92-054 RON SUCEE (TANGLEWOOD FARMS) PART LOT 17, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON - - .. .. .. .. .. WI .. .. .. .. ... 668 - A I I At,;HMt:N I I I .. LOT 18 LOT 17 LOT 16 LOT 15 .. CONCESSION ROAD 7 \ - I I I - \ \ I ... I I I I .. I I Cl ,...... <{ LO I I 0 I I ... 0::: Cl <{ I 0 0::: <0 " .. 0 ~ " <{ Z ::::> z 0 (.) (/) (/) " - w (/) 0::: W I 0::: () Cl ~ Z ... ....J \ < 0 0 I :c ~ 0::: 0::: () I ::::> CL \ Cl .. 0::: I ~ I w - (.) .. .. .. ROAD 6 .. - ~ Subject Site 6140 Durham Regional Road 57 Darlington Key Map Dev_ 90-054 - - hh9 .. ATTACHMENT NO.12 .. INTERESTED PARTIES REGARDING OUTSTANDING REZONING APPLICATIONS .. .. FILE# OWNER: APPLlCANT(AGENT) LOCATION: DEV 99-022 564069 ONTARIO LTD. rfII PART LOT 28, CONCESSION 1, FORMER TOWNSHIP OF CLARKE .. INTERESTED PARTIES: ... Tenzin Gyaltsan 564069 Ontario Ltd. 15 King Street West Newcastle, Ontario L 1 B 1 K9 .. .. - .. .. .. ... - .. ... .. 670 .. ATTACHMENT 12 WI LOT 28 LOT 27 f-- - f--- >--- I 0::: W > ~ rn NEWCASTLE MEMORIAL PARK / ~~: (OATLE 0 ~~ o () ~ r / / \ /~ - - - - .. f-- I-- .. I-- - - - T I-----, >--- KING AVENUE EAST il ~ U ~ ~ ~~ :::) o V) - c-- - l...-- ST. E. .,- - f--- - l- V) z o (/) (/) w () z o () I--- - f--- - ~ r---- I--- ~ ST. E. - I--- E. I 0::: 0::: o 0 0::: 0::: ~rnm~ I- 0::: :::) <( u :r: EDWARD I r I I I I I I I ( STREET I I I I I I f--- 0 0::: .. - - _0 w _ 0::: '--" ST. II r 0::: W ~ W rn - - W77A Subject Site ~ 97 King Avenue East, Newcastle Village Newcastle Village Key Map ZBA 99-022 .. 671 .. ... ... .. - ... .. ... .. "", .. ... ... .. .. ... ... ... ... ... .. - Cl~mgton REPORT PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, June 2,2003 Report #: PSD-062-03 File #: ZBA 2001-017 By-law #: - Subject: REZONING APPLICATION APPLICANT: SHELL CANADA PRODUCTS LIMITED PART LOT 13, CONCESSION B.F., FORMER TOWN OF BOWMANVILLE, 355 WAVERLY ROAD, BOWMANVILLE - - RECOMMENDATIONS: ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-062-03 be received; 2. THAT the rezoning application submitted by Walker Nott Dragecivic Associates Limited on behalf of Shell Canada Products Limited to permit the redevelopment of a gas station with a convenience store and car wash be APPROVED; .. - 3. THAT the attached By-law contained in Attachment 3 be passed and a copy forwarded to the Regional Municipality of Durham; and - 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. .. Submitted by: a idJ. Crome, M.C.I.P.,R.P.P. Director, Planning Services Reviewed by: g nklin Wu, M.C.I.P., R.P.P. /0 /Chief Administrative Officer .. - RH/CPIDC/df 27 May 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - - 672 REPORT NO.: PSO-062-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Shell Canada Products Limited 1.2 Agent: Walker Nott Dragecivic Associates Limited 1.3 Rezoning: To rezone the subject lands from "Service Station Commercial Exception (C7-1) Zone" to permit the redevelopment of the gas station site, eliminating the truck diesel card lock facility and restaurant, and adding a 243 m2 convenience store and car wash. 1.4 Site Area: 2.68 hectares (6.62 acres) 2.0 LOCATION 2.1 The subject lands are located in Bowmanville at 355 Waverly Road between Baseline Road and Highway 401 (see Attachment 1). The applicant's land holdings total 2.68 hectares (6.62 acres). The property is located within Part Lot 13, Broken Front Concession, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On July 31, 2001, Walker Nott Dragecivic Associates Limited, on behalf of Shell Canada Products Limited, submitted a rezoning application to the Municipality of Clarington. The redevelopment proposal consists of a gas station, 243 m2 convenience store, and car wash (see Attachment 2). The existing truck diesel card lock facility and restaurant would be removed. 3.2 A Public Meeting was held for the proposal on September 17, 2001 at which the following comments were made. · There are concerns from residents on the north side of Baseline Road over the possible large amounts of light from the proposed redevelopment. 673 .. .. lIII ... ... .. ... lIII .. lIII ... ... .. .. .. ... ... .. 11IIII .. - REPORT NO.: PSD-062-03 PAGE 3 3.3 On April 29, 2003, the applicant submitted a complete site plan application (SPA 2003-022) for circulation. The application includes site plans, stormwater management plans, lot grading and drainage plans, site servicing plans, building elevations, and landscaping plans. Should the rezoning be approved, conditions of site plan approval will be issued to the applicant once the circulation process is complete. Once fulfilled, an agreement will prepared for execution and registration. SITE CHARACTERISTICS AND SURROUNDING USES The property contains an existing gas station, restaurant, and truck diesel cardlock facility at the southeast corner of Waverly Road and Baseline Road, which slopes towards the intersection. The eastern portion of the site slopes towards the east and contains a gravelled parking area used for the truck stop. The southern portion of the property slopes towards Highway 401 and contains grass and low vegetation. 4.2 Surrounding Uses: East: Vacant land North: Urban residential West: Tim Horton's/Wendy's restaurant and proposed Bowmanville auto mall development South: Highway 401 - - - .. .. - .. .. .. 4.0 .. 4.1 .. - .. - .. - - . The site currently contains a truck diesel cardlock facility and truck stop. The trucks generate a lot of noise as they enter and exit the site. The truck stop should be eliminated in conjunction with the truck diesel cardlock facility. . An area business owner wanted clarification on the road widenings required by Durham Region. He also wanted to know whether an environmental impact study would be required. These issues will be discussed in Section 8.4 of this report. 674 REPORT NO.: PSO-062-03 PAGE 4 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the property "Living Area". Special purpose commercial areas, which permit highway-oriented uses such as gas stations, are permitted within this designation. Since the Clarington Official Plan contains the appropriate provisions, the proposal conforms to the relevant policies. 5.2 The Clarington Official Plan designates the property as "Highway Commercial". As highway-oriented gas stations are permitted within this designation, the application conforms to the policies. 6. ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "Service Station Commercial Exception (C7-1) Zone", which does not permit the proposed convenience store and car wash. In order to permit these uses, a rezoning application was submitted for consideration. 7. AGENCY COMMENTS 7.1 The Clarington Emergency Services Department has no objections to the proposal as long as proper fire protection and access routes are provided. 7.2 Clarington Engineering Services have no objections to this application provided that the following conditions are fulfilled through the related site plan application. · An 8.00 metre road widening on Baseline Road must be dedicated to the Municipality free and clear of any encumbrances. · The traffic study prepared by the applicant's consultant must demonstrate that Baseline Road will not be adversely affected by the redevelopment. · The applicant must provide all necessary site servicing, lot grading and drainage, and stormwater management plans for review. 675 .. .. ... ... IIIIIi IIIIIi .. lIlIIi .. ... ... .. .. .. .. .. .. ... .. - .. - - - .. - - - - - - - - - - - - - REPORT NO.: PSO-062-03 PAGE 5 . All necessary securities for entrance works and landscaping must be provided. All entrance works within the Baseline Road road allowance must be constructed to municipal standards. . A 2% cash-in-lieu of parkland contribution will be required from the applicant. 7.3 Durham Region Public Works Department has no objections to the development provided that the following requirements are fulfilled through site plan approval. . Municipal servicing is available to the subject lands through a 300 mm watermain on Baseline Road and an existing 300 mm sanitary trunk sewer on Baseline Road. . Both Baseline Road and Waverly Road are designated a Type "A" arterial roads. Sufficient road widenings are required to provide a minimum of 18.0 metres from the road centreline to achieve the necessary minimum 36.0 metre width. . The Region requires a 10.0 metre permanent easement along the south property limit of this development for a future twinning of the sanitary trunk sewer. . Only right-in and right-out access will be permitted on access locations to Waverly Road. . A raised centre island median extending across the property's entire Waverly Road frontage will be required. The applicant's share towards construction of this median is approximately $15,000.00. This amount may be subject to review. 7.5 Central Lake Ontario Conservation has no objections to the rezoning application. Information on stormwater management, sedimentation controls, site grading and drainage, and site servicing will be required prior to site plan approval. 676 REPORT NO.: PSD-062-03 PAGE 6 ... ... 7.6 The Ministry of Transportation has no objections to the development proposal ... provided that site grading and drainage and signage issues are addressed through site plan approval. .. 8.0 COMMENTS .. 8.1 Although the total site area is 2.68 hectares, the actual area being redeveloped by the applicant is only 0.82 hectares. The remainder of the land may be .. incorporated into a redevelopment scheme with the lands to the east. 8.2 Although the truck diesel card lock facility has been closed, trucks are still parking on the parking lot on the eastern half of the property, which is shown as future development area on Attachment 2. The applicant has confirmed that through the redevelopment trucks will no longer have access either from Baseline Road or through the redeveloped portion of the site. An internal access to this area will be permitted for maintenance purposes only. 8.3 Under responsibilities delegated to the Municipality for remediation of contaminated sites, uses such as gas stations where there is a possibility of underground contamination trigger the requirement for a Phase 1 site assessment. If the Phase 1 assessment determines that the site may be contaminated, a Phase 2 assessment is completed to determine the type and location of contamination. This work is required prior to issuance of rezoning approvals. Since the principle of the use is not being changed from a gas station, the applicant proposes to undertake site investigations during the excavation or pre- construction phase. The Fuels Safety Division of the Technical Standards and Safety Authority governs the remediation of gas station sites. Their protocol covers spills, leaks, and the discovery of petroleum leaks and spills into the 677 III .. .. .. ... ... ... ... ... ... .. .. .. ... - REPORT NO.: PSD-062-03 PAGE 7 - environment both on the property and beyond the property boundary, and site restoration. The protocol includes surface and subsurface chemical remediation criteria for potable and non-potable groundwater environments. - - The applicant has requested that site remediation issue be addressed as a condition of site plan approval. Information provided by the applicant indicates that the City of Toronto requires redeveloping gas station sites to address on-site contamination issues prior to the issuance of a building permit. A review of these reports indicates that this principle can also be applied in this instance. Through the site plan approval process, Staff will ensure that the following requirements are fulfilled prior to the issuance of a building permit. - ... .. .. . The applicant must provide satisfactory information to Staff that anyon-site contamination is within acceptable limits as defined by the "Environmental Management Protocol for Operating Fuel Handling Facilities - GA1/99, October 2001" as prepared by the Fuels Safety Division of the Technical Standards and Safety Authority. . If the site investigation determines that any petroleum products have travelled beyond the property boundary, all petroleum product contamination beyond the property boundary that has been caused by the applicant's operations must be removed by the applicant to the appropriate standard at its expense. . Staff will require that a Record of Site Condition be prepared and submitted to the Ministry of Environment and the Municipality of Clarington. ... ... - - - - 8.4 Issues raised at the Public Meeting are addressed in the following manner. . Lighting for the proposal will be dealt with through site plan approval. A - lighting plan must be submitted for approval, showing that light does not trespass from the site. Furthermore, all lighting fixtures in the canopy must be - full cut off fixtures, which do not promote light spread. Any exterior wall- - 678 - REPORT NO.: PSD-062-03 PAGE 8 ... mounted lighting fixtures must also be full cut off fixtures that are angled downwards. · As previously mentioned in this report, trucks will no longer be permitted to park on the site, thus eliminating noise issues related with this activity. In addition, the car wash is situated at the southern extent of the site and should not pose any noise concerns to the residential area north of the subject lands. This location also allows sufficient stacking for the car wash that does not interfere with other traffic movements on the site. · Sufficient road widenings will be taken to ensure that a 36.0 metre minimum road allowance width is achieved both for Baseline and Waverly Roads. · An environmental impact study is not required since the proposal is in excess of 50 metres from the Bowmanville Creek valley as defined in the Clarington Official Plan's Natural Features and Land Characteristics map. .. ... .. .. .. ... ... 8.5 The subject lands are part of a significant gateway to the Bowmanville urban area. As such, staff will be requiring high quality urban design and landscaping on the property. Staff will also require lands for a landscaping feature that demarcates the entrance to Bowmanville. The lands for this feature will be located south of the existing redevelopment area and will be secured through the site plan agreement. The applicant has provided a letter of undertaking agreeing to 2% parkland dedication as land in an acceptable configuration and location. Staff would also note that a portion of the dedication will be encumbered by a future regional servicing easement. The Municipality will not be permitted to erect any structures on the easement. The entrance feature design will incorporate this requirement. .. ... ... ... ... ... ... 8.6 Redevelopment of the subject lands will also trigger construction of the centre median on Waverly Road south of Baseline Road. This work would have been included in the reconstruction works of the Waverly Road and Baseline Road intersection that was scheduled for this summer. For various reasons, this work ... ... .. 679 .. - REPORT NO.: PSD-062-03 PAGE 9 - has been tentatively rescheduled for 2004 subject to Regional budgetary approval. - - 8.7 A complete site plan application was recently submitted, and is currently being circulated to all relevant agencies for comment. The applicant will be required to enter into a site plan agreement with the Municipality, which includes all relevant municipal and agency development and financial provisions. - - 9.0 CONCLUSIONS 9.1 The application has been reviewed in consideration of comments received from the circulated agencies, the Clarington Official Plan, and Zoning By-law. In consideration of the comments contained in this report, Staff respectfully recommend that the rezoning application for this development proposal, as contained in Attachment 2, be APPROVED and that the By-law contained in Attachment 3 be passed by Council. - - - - Attachments: - Attachment 1 - Key Map Attachment 2 - Site Plan Attachment 3 - Proposed Zoning By-law - Interested parties to be notified of Council's decision: - - Robert Dragecivic Walker Nott Dragecivic Associates Limited 172 St. George Street Toronto, Ontario M5R 2M? - - Keith Blinston Shell Products Canada Limited 90 Sheppard Avenue East Suite 600 Toronto, Ontario M2N 6Y2 - - 680 - REPORT NO.: PSD-062-03 PAGE 10 .. Rod and Lynn Smith 97 John Scott Court Bowmanville, Ontario L 1 C 4L 1 .. !III Leonard Hone 8 Fairbairn Court Bowmanville, Ontario L 1 C 4K9 .. !III Yusuf Moolla Unit 3 564 Montcalm Avenue Oshawa, Ontario L 1J 2H1 .. ... ... .. ... ... ... ... ... ... ... ... .. 681 .. .. ATTACHMENT 1 10 llU 8 58 ...- 56 . Z 0 (j) (j) W U Z 0 U 8 .. WEST - ~ SUBJECT SITE ~ 355 WAVERLEY ROAD, BOWMANVILLE pt. Lot 13, Concession 1 Municipality. of Clarington Regional tV1unicipality of Durham LOT 14 LOT 13 .. .. - ~ 23 12 25 10 - 18 27 8 29 6 10 31 4 52 33 .. 300 ~ ~ - .. - .. - .. .. - - It) .... ... N - - BOWMANVILLE KEY MAP ZBA. 2001-017 - 682 z o (j) (j) w u z o U I- Z o a::: lJ... z W ~ o a::: CD ! ~ . .. "i o tr: CD c .- - CD en CO m I · ; on &:~I M.;t.LO"'" ~ z W ~ Q. o ....l ~ W o W a: :) ~ :) LL.e a:tT 011I LL.18 ~"': a: CO W"jj t5L5 a: a: Q.< UOIWOUAJO JO llfIln t;O .1 :I: ~ ::; o z Oz ~e> ~~ z9 o OLD DOl 3Mn Wl4I0I4 MlN -==---------- peo}:l ~aIJa^eM Ii ! ~ 1I " ~ :J : :l ATTACHMENT 2 .. z <C ...J 0- W I- - (IJ ... ~ ~ z W ~ Q. o ....l we GitT 011I OM wM (/)C'I!. oW t5L5 a: a: Q.< ... .. ... .. ~ ... N .. ... w a: :) gs~ LL.LL. Zw Qu 5~ -~ Oz ~w OW z....l :55 ~z a:< <C~ Q.3: ~g a: w w~ a:(/) :)~ ~z :):) ~~ 0>- LL.a: ~< Zl-' w- ~z w< (/)(/) L5:5 we> oz ~z e~ ~~ .. .. ... ... ... ... ... .. ~ ... .. .. ... ATTACHMENT 3 - THE 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 Municipality of Clarington WHEREAS, the Council of the Corporation of the Municipality of Clarington dee'lls it - advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application ZBA 2001-017 to permit the redevelopment of a property containing a motor vehicle fuel bar, a convenience store and a car wash; - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the _ Municipality of Clarington enacts as follows: 1. Section 22.4.1 "Service Station Commercial Exception (C7 -1) Zone" is hereby amended by replacing the existing provisions with the following: - - "Notwithstanding Section 22.1, those lands zoned C7 -1 on the Schedules to this By-law may, in addition to the other uses permitted in the C7 Zone, be used for an eating establishment, convenience store, and car wash accessory to a permitted use." - 2. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990. - - 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 finaliy passed this day uf 2003 - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk - 684 - - ... - .. .. III ... ... ... ... ... - - ... .... - - - .. - Cl!!!:H!gfDn - - - REPORT PLANNING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 2, 2003 - Report #: PSD-063-03 File #: OPA-O/2002/001 REVISED By-law #: - Subject: - APPLICATION FOR OFFICIAL PLAN AMENDMENT AND ZONING BY- LAW AMENDMENT WITHIN THE MUNICIPALITY OF PORT HOPE APPLICANT - TUCKER CREEK LIMITED RECOMMENDATIONS: .. - - - 3. - 4. - - - - - - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-063-03 be received; THAT Report PSD-063-03 be adopted as the Municipality of Clarington's initial comments with respect to the proposed official plan amendment and zoning by-law amendment application within the Municipality of Port Hope referred to as Tucker Creek (Port Hope File # 2.G.16); 2. THAT the Municipality of Port Hope continue to keep the Municipality of Clarington appraised with respect to this application and that all Council decisions with respect to this development be forwarded to the Municipality of Clarington; and THAT a copy of this report be forwarded to the Municipality of Port Hope and that all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: David Director, Reviewed b . anklin Wu # Chief Administrative Officer HB/CP/DC/df 26 May 2003 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 687 REPORT NO.: PSD-063-03 PAGE 2 1.0 BACKGROUND 1.1 On April 17 , 2003, the Municipality of Clarington received correspondence from the Municipality of Port Hope detailing a proposed development including 350 residential units, a 18 hole golf course and a 100 unit hotel/inn on 156 ha of land on Port Hope's border with Clarington (Attachment 1). The north portion of the applicant's land holdings received approval in 1997 for 250 residential units. The applicant has requested that the existing approval for 250 residential units be transferred southerly to the subject lands. The applicant's consultants have confirmed that the technical reports prepared for the original application are still relevant and in many instances, do not need to be updated. Servicing is proposed to be provided by the private sector and operated on a user-pay basis. The applicant is proposing to construct a water and waste-water treatment system on the subject lands. An updated transportation report has been prepared in support of the application. 1.2 A previous application for development of these lands and additional lands to the north was submitted in 2002. The application at that time proposed 1679 residential units, an 18 hole golf course, and 1500-3700 square metres of retail floor space on 270 ha of land. In December 2002, the Municipality of Port Hope Council denied the application but indicated they would consider a new application for approximately 300 lots which would be more in keeping with existing approvals for 250 residential units. 2.0 EXISTING AND SURROUNDING USES 2.1 The subject lands are predominantly agricultural with some areas being forested. The predominant use of lands within Clarington that abut this proposal are agricultural. They are designated "Prime Agricultural Area" and "Environmental Protection" within the Clarington Official Plan and zoned "Agriculture Exception (A-1)". In Clarington these designations do not support the proposed development. 688 ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... .. ... ... ... - REPORT NO.: PSD-063-03 PAGE 3 - 3.0 DEPARTMENTAL COMMENTS - 3.1 This application has been reviewed to determine if approval of this application would have any implications on the Municipality of Clarington. A copy of the development application and supporting studies was forwarded to Emergency Services and Engineering Services for comment. Clarington Operations also received a copy of the application for information purposes. Emergency Services found there to be no fire safety concerns. - - - - 3.2 Clarington Engineering Services have reviewed the application and have expressed concerns with respect to transportation/traffic impacts and stormwater drainage. An updated Transportation Assessment Report was prepared and submitted by the applicant, but it does not provide a detailed analysis of background traffic or future traffic and the resultant distribution and trip movement. The potential impacts of this development on the road network and municipal infrastructure within Clarington can not be assessed until a report addressing these issues is prepared. - - - - The applicant has not demonstrated that there will be no adverse effects on the Port Granby Creek Watershed area. Information regarding how stormwater management and stormwater quality will be addressed is required. - - 4.0 STAFF COMMENTS - 4.1 This development application for amendment to the Municipality of Port Hope Official Plan and the zoning by-law proposes the creation of 350 dwelling units, an 18 hole golf course with club house facility, and a hotel or inn having a maximum of 100 rooms. This proposal, when built out, will create a community of anywhere from 800 - 1000 people. This is larger than any of Clarington's hamlets. - - - 4.2 Approval for 250 residential units currently exists on the north portion of the applicant's lands. It is the intention of the applicant to transfer this approval to the south portion of the lands and increase the number of units to 350. Also proposed - - 689 REPORT NO.: PSD-063:-03 PAGE 4 .. is an 18 hole golf course, club facility and a 100 room hotel/inn. These additional ... uses were not included in the original approval for 250 units. ... The. residential units would be comprised of single detached, semi-detached and cluster-attached style units with a density of approximately 3.5 units per gross .... residential acre. Much of the discussion and comments made during the review of the previous application as contained in Report No. PSD-124-02 are still applicable. Although the number of units has been greatly reduced, in the opinion of Clarington Planning Staff, this application is contrary to the principles of the Provincial Policy Statement and Smart Growth. Transfer of existing approvals onto other lands does not negate the need to complete a thorough analysis of the application and compatibility with adjacent land uses. With the exception of a brief revised transportation submission the applicant states that the technical studies prepared in support of the application made last year are applicable for this development. On the previous application for 1679 residential units, Clarington expressed concern that analysis of impact on the adjacent lands, including identification of potential development pressures that may be experienced, compatibility with existing or future land uses, or potential transportation connections was not examined. This concern remains unanswered. In addition, there has not been satisfactory justification of the need for a 100 room hotel/inn, nor has there been a locational analysis or transportation study completed for this facility. The proposed communal servicing scheme could lead to pressures for further expansions in the area after the current proposal, if approved, is built-out. Thus we have concerns for the precedent set by this proposed development. 4.3 The proposed development lies in proximity to the existing Port Granby Waste Management Facility. The Municipality of Clarington has entered into an agreement with the Government of Canada for the long term safe management of the low level radioactive wastes and contaminated soils currently stored at this site, and the environmental assessment for the project is currently underway. 690 .... ... - ... - ... ... ... ... - - 11IIII ... ... ... - REPORT NO.: PSD-063-03 PAGE 5 - - The Municipality is concerned that the introduction of new residents into this area could complicate the study process and create unnecessary obstacles to the implementation of a long term solution for the Port Granby wastes. - - 5.0 CONCLUSION 5.1 The development of this large scale rural residential development will place undesired growth pressures on agricultural lands along the east boundary of Clarington. Further assessment is required as to potential implications of additional traffic volumes on Clarington's roads, and to ensure the Port Granby Creek Watershed area will not be adversely affected by this development. - - - 5.2 It is requested that the Municipality of Port Hope continue to keep the Municipality of Clarington informed with respect to this application and that any decisions made by the Municipality of Port Hope Council on this application be forwarded to the Municipality of Clarington. - - Attachments: .. Attachment 1- Site Map Interested parties to be advised of Council's decision: - - Clerk, Municipality of Port Hope 56 Queen Street P.O. Box 117 Port Hope, ON L 1 A 3V9 - Scott Burns The Planning Partnership 1255 Bay Street Suite 201 Toronto, ON M5R 2A9 - - - Joanne Wells-Oates Tucker Creek Limited 156 King Street Port Hope, ON L 1 A 2R5 - - 691 ATTACHMENT 1 . I . I . I . I . ... LOCATION MAP - Tucker Creek - ;g Subject Lands Crnty Road 2 ... ~ ----~ , ' c::.. ... III ... 401 .. s:: 0 .. ... C) s:: .- ~ ... C'O - (.) 't- 0 ... ~ ... .- - C'O lIlIlII C- .- (.) .- s:: ... ~ ~ .. ~ ~ --------------- Lake Ontario ~ 692 .. - Clw:mgton REPORT PLANNING SERVICES - - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 2,2003 - Report #: PSD-064-03 File #: ZBA 2003-017 By-law #: - Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: WAVERLY ROAD PROPERTIES INC. - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD- 064-03 be received; - 2. THAT the application submitted by Waverly Road Properties Inc. to remove the Holding (H) symbol be APPROVED; - 3. THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and - 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision - Submitted by: Reviewed bY;O ~- ~~- Franklin Wu Chief Administrative Officer - vi a. Crome, M.C.I.P.,R.P.P. Director, Planning Services - RH/CP/DC/df 23 May 2003 - CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET,BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - - 693 REPORT NO.: PSD-064-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Waverly Road Properties Inc. 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Rezoning: Removal of "Holding (H)" symbol from "Holding-Special Purpose Commercial ((H) C5) Zone" to "Special Purpose Commercial (C5) Zone" to permit development to proceed on ten commercial blocks within a plan of subdivision 1 .4 Location: Part Lot 14, Concession B.F., former Town of Bowmanville 2.0 BACKGROUND 2.1 On April 29, 2003, Staff received a request from Waverly Road Properties Inc. for the removal of the "Holding (H)" provision from a commercial property at the southwest corner of Baseline Road and Waverly Road in Bowmanville. Attachment 1 shows the location of the property currently zoned "Holding-Special Purpose Commercial ((H) C5) Zone". 2.2 A draft plan of subdivision was submitted on the subject lands for ten commercial lots to consist of five automobile dealerships, four restaurants, and one hotel. The subdivision received draft plan approval on April 29, 2003. 3.0 STAFF COMMENTS 3.1 The subject property is presently zoned "Holding-Special Purpose Commercial ((H)C5) Zone" and "Environmental Protection (EP) Zone". The provisions of the Official Plan allow for the removal of the "Holding (H)" symbol, by By-law, upon Council being satisfied that the development will be adequately serviced, appropriate measures have been taken to protect the natural environment, appropriate measures will mitigate negative impacts, appropriate agreements have been executed and that the implementation of the Official Plan policies is satisfactory . f.O~ ... .. .. ... .. ... ... .. ... ... .. .. - .. - - .. III .. - - - - - - - - - - - - - - - - - - - REPORT NO.: PSD-064-03 PAGE 3 3.2 The applicant has initiated the subdivision agreement process and is working towards fulfilling all necessary conditions of draft plan approval. Since the subdivision creates ten commercial lots, development on each lot will be subject to site plan approval. In order to meet their construction timeframes, Clarington Toyota has applied for site plan approval on Lot 8. Subsequently, Staff is recommending the Holding symbol be removed at this time to facilitate development at the site. 3.3 Zoning By-law 84-63 permits minor alterations to the "Environmental Protection (EP) Zone" boundaries where development applications provide further information on the precise extent of the "EP" boundary. Whereas the "EP" boundary previously cut diagonally across a portion of the land now defined as Blocks 3 and 11, the "EP" zoning would now only encompass Block 11 due to the more precise definition of the regional flood line. The result is that Block 3 may now be used entirely for development purposes. This is consistent with the draft approval and discussions with Central Lake Ontario Conservation indicate that they support this position. 4.0 RECOMMENDATIONS 4.1 In considerations of the comments noted above approval of the removal of the "Holding (H) symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding (H) 695 REPORT NO.: PSD-064-03 PAGE 4 - Interested parties to be notified of Council's decision: .. Louis Reznick Waverly Road Properties Inc. 81 Ronald Avenue Toronto, Ontario M6E 4M9 - .. Don Gleed Waverly Road Properties Inc. 1751 Applewood Road Pickering, Ontario L 1 V 1 T8 - ... Glenn Genge D.G. Biddle & Associates Limited 96 King Street East Oshawa, Ontario L 1 H 1 B6 ... ... ... ... - ... ... ... - ... .. .. 696 .. - - - - - - ~'" <tb C...J ~z,... w~ Ww Z:>z ~w ....wQ. I-IIlC ~w~ <[0" ~~ :> C ...J ...J c: ~ c: C Ill!: " - - - - - - - - ATTACHMENT 1 BASELINE ROAD (ROAD ALLOWANCE BET....EEN B.r CON AND CON 1> ,..,. L PUIIl~" ....,. L ..... ........ R.C.M.P. DETACHMENT ,... II'l - ...,. .. ~ ....... ~ z c: ..,. - " ..,. - ~ z c: ('I) - ~'" <tb C...J ~z w >w W~ .Jw ~1Il WW >~ ~~ >9 ...J c: ~ c: C Ill!: " ~o\ ~-...I~i ",\0 ~\G ~~~~ LANDS TO BE RE-ZONED FROM "(H)C5" TO "C5" LANDS TO REMAIN ZONED "EP' Bowmanvllle Key Map _ BASELINE j I ROAD \ 'Ii- '"'II - - - - - Il ZBA 2003-017 Zoning By-law Amendment Owner: Waverly Road Properties Inc. I.Q7 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2003-017 that allows development to proceed on ten commercial blocks within a plan of subdivision; 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-Special Purpose Commercial ((H)C5) Zone" to "Special Purpose Commercial (C5) Zone" 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 698 ATTACHMENT 2 .. ... ... .. ... ... .. .. .. .. ... ... .. ... - .. ... ... ... - - This is Schedule "A" to By-law 2003- passed this day of !I 2003 A.D. , - ......... BASELINE ROAD <->> M.UlY~ JE:T\(~ IF CO! ~ .!:.- I ~ '^", j I . ~ ~! I Q( S I ;~ ~II ~I II i I!I ~II - R.C.Il.P. IJ[T ACIt4DIT !l i ~ - ~~ ;~i ~i x ~\ i - - - - :r.",p.'( ",\0 ~\G ~p.~'? - - - ~ ZONING CHANGE FROM "(H)C5" TO "C5" L::;:: ;;.':~.1 ZONING TO REMAIN "EP" - John Mutton. Mayor Patti L. Barrie. Municipal Clerk - ELINE ROAD '1lC), 0""" Cl~ \"f'\ BASELINE ROAD BASELINE - ... - o <( o 0::: Z i= 0::: <( ~ <(0 ~u ~ - - ~ Bowmanville - - ... ... - - - .. ... - - ... ... ... ... .. .. .. .. .. - .. - CI!J!i&fOn REPORT PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, June 2, 2003 - Report #: PSD-065-03 File #: ZBA 2001-018 By-law #: Subject: REZONING APPLICATION APPLICANT: DI ADAMO HOLDINGS AND ENTERPRISES LTD. - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-065-03 be received; 2. THAT the Amendment to Zoning By-law 84-63, as per Attachment 2 to this Report, to permit a golf driving range and mini putt on a temporary basis for a three year period, pursuant to Section 39 of the Planning Act, be APPROVED and forwarded to Council for adoption; 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: ~ David J. Crome, M.C.I.P.,R.P.P. Director, Planning Services )~ - /J n 1'-_. (I h Reviewed by:U ~ _ '\J l..\.... Franklin Wu Chief Administrative Officer - - BRlL TIDC/df 22 May 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - - 69901 REPORT NO.: PSD-065-03 PAGE 2 1.0 1.1 APPLICATION DETAILS Owner: Di Adamo Holdings & Enterprises 1.2 Applicant/Agent: Barry Jones 1.3 Rezoning: From "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-72) Zone" in order to permit the reinstatement of the use of these lands for a golf driving range and related activities on a temporary basis for a period of three (3) years. 1.4 Area: 13.88 hectares (34.30 acres) 1.5 Location: The area subject to the proposal is located at 3171 Highway 35/115, northeast of the intersection of Highway 35/115 and Concession Road 3. The more formal location description is Part Lot 28, Concession 3, former Township of Clarke (see Attachment 1). 2.0 BACKGROUND 2.1 On August 14, 2001, the Planning Services Department received an application to amend Zoning By-law 84-63 in order to permit the continued use of the lands for a golf driving range and related activities on a temporary basis for a period of three (3) years. 2.2 A public meeting for the rezoning was held on October 1, 2001. No one spoke in objection to/with concern for the rezoning. No one spoke in support of the rezoning. The applicant/agent, Mr. Barry Jones, acting for the property owner, Di Adamo Holdings & Enterprises, was present to answer questions. 2.3 A neighbour to the west, Mr. Mark Easton, of Easton Cap Sales, had insisted verbally and in writing, that there are serious safety and liability concerns, both 69902 - .. .. .. .. ... .. ... .. ... ... ... .. - ... - .. III .. .. REPORT NO.: PSD-065-03 PAGE 3 - human and property, associated with golf balls travelling over the 9.14m (30 ft.) netting fence on the west side of the driving range. - - In light of the applicant's submission on May 12, 2003 of a revised site plan, and specifically, the re-orientation of the driving range facilities from a south-north direction to a west-east direction, the problem of stray golf balls flying onto his property and Highway 115/35 becomes a moot point. Mr. Easton has confirmed with staff that with the re-orientation of the driving range he would have no further objections to the approval of the application. - - - - 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property is partially occupied by the existing golf driving range. A residence and a golf driving range maintenance equipment shed are also on the property. Foster Creek runs through the south end of the property. The topography is generally flat. - - 3.2 The surrounding land uses are as follows: North - The Pines Senior Public School and Clarke High School - South - Agricultural East - Agricultural .. West - Commercial with frontage on Highway 35/115 - - 4.0 OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject property is designated as "Permanent Agricultural Reserve". - - 4.2 Within the Clarington Official Plan, the subject property is designated generally as "Prime Agricultural Area" with the south end designated "Environmental Protection Area" due to the presence of Foster Creek. - - - 69903 REPORT NO.: PSD-065-03 PAGE 4 Section 23.4.4 of the Clarington Official Plan states that Temporary Use By-laws may be passed to permit the use of lands, buildings or structures on a temporary basis provided that: · the proposed use is temporary in nature; · the proposed use is compatible with adjacent existing land uses and has a minimal impact on any natural features; · there will be no adverse impacts on traffic or transportation facilities; · adequate access and parking are provided; · the use can be removed and the site can be restored to its original condition; · adequate sewage disposal and water services are available in compliance with provincial and regional standards; · the long term implementation of the Official Plan is not jeopardized; and · generally, the extension of the Temporary Use by-law does not extend beyond 10 years. 5.0 ZONING BY -LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the large majority of the subject property is zoned "Agricultural Exception (A-1)". The Temporary Use By-law for the golf driving range and its associated "Agricultural Exception (A-63)" zoning expired on January 24, 2003. 6.0 AGENCY COMMENTS 6.1 The rezoning and site plan amendment applications were circulated to various agencies and other departments. Comments received to date are as follows. 6.2 The Engineering Services Department had no concerns. Regarding the site plan amendment, it was noted a building permit would be required for the repair and conversion of the existing barn into a storage shed. Ganaraska Region Conservation Authority approval and development charge payments are required prior to building permit issuance. 69904 .. ... ... ... ... .. .. - .. ... .. - ... ... .. .. .. .. .. - REPORT NO.: PSD-065-03 PAGE 5 - 6.3 Clarington Emergency Services, Ganaraska Region Conservation, and Hydro One Networks Inc. have offered no objections in the past. Although written - confirmation has been received only from the first agency, no objections are anticipated. - 6.4 In reviewing the original site plan, the Regional Planning Department noted the - subject property is designated "Permanent Agricultural Reserve" in the Regional Official Plan and that municipal services are not available to the subject property, - nor are there plans to make such services available to it. Should there be upgrades to plumbing on the property through new construction, Regional Health - Department approval is required. There are no such upgrades proposed and, as such, the Regional Health Department offered no objections. Although written - confirmation pertaining to the revised site plan, has not been received, staff does not anticipate any objections. - - 6.5 The Kawartha Pine Ridge District School Board had no objections to the rezoning application. With respect to the site plan amendment, as originally filed, the Board requested the fencing at the north end of the driving range be extended in an easterly direction to coincide with the width of the landing area of the range. This request is no longer necessary with the re-orientation of driving range facilities in an east-west direction. - - - - 6.6 The Ministry of Transportation Ontario had no objections in principle with the applications. The Ministry noted it has received one complaint about golf balls entering onto the highway since the driving range opened. An investigation into this complaint failed to turn up any evidence. Again, with the new orientation of the driving range, it is expected the Ministry's position will remain the same. - - - - - 6 9 90 5 REPORT NO.: PSD-065-03 PAGE 6 .. 7 .0 STAFF COMMENTS 7.1 An issue through the processing of these applications was the safety and liability concerns with regards to stray golf balls travelling west to a neighbouring business property and to a much lesser extent Highway 35/115. ... - .. 7.2 Through the submission of the revised site plan drawings with the tee-mats facing east, Di Adamo Enterprises and Holdings has eliminated the problem of stray golf balls travelling west to the Easton property and Highway 35/115. ... ... 7.3 The land to the east of the driving range is a hay-field and essentially vacant. The owner of the land, Mr. Hugh Allin, has stated, in writing, that he understands some golf balls may enter his property but that nevertheless, he has no objection to the reorientation of the driving range. Staff will be requiring through the site plan amendment that netting is provided along the easterly limits of the driving range to restrict golf balls from entering Mr. Allin's property and that netting and poles remaining at the westerly limits of the driving range be removed. - ... .. ... 8.0 CONCLUSION 8.1 It is respectfully recommended that the Temporary Use By-law contained on Attachment 2 be APPROVED. The site plan agreement will be amended to reflect the new driving range orientation. ... ... ... Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Zoning By-law Amendment - - .. ... .. 69906 .. .. REPORT NO.: PSD-065-03 PAGE 7 - Interested parties to be notified of Council's decision: - Barry Jones New Castle Drafting 76 Baldwin Street - Newcastle, ON L 1 B 1 H 1 Mark Easton .. Easton Truck Cap Sales R.R.#8, Lot 3279 Highway 35/115 - Newcastle, ON L 1 B 1 L9 Lorenzo Di Adamo ... 180 Lyndhurst Drive Thornhill, ON L3T 6T6 - Mario Covello 8 Deer Path Road Toronto, ON M3A 1 R5 .. Kim Sims 627 Sunset Boulevard .. Newcastle, ON L 1 B 1 C9 .. - .. .. - - - - - 69907 -1z .,1. r;;';:;,~ ; :~C1""'''''F; ~,~ . . L-. --l -lV Y' __ / ; V=-r:v~."'fY'!'" "" 'trtrr.jY r I f..bMIl. ^ J, '-.IT"<( ,. ,..,....~T'.I{I " ~"-;";';'''-.A...,.J J.,.... P"i"IllI.:. 11!fJ~ , [----lI" p""'''f' _....,) L...a ~') ~,&. ................1 ~~:i""""" JJ., d e-f ,,~~~l 6'!J;'</if' ~ ~~ 41--;:';' {~P ~~ } '1\ ~. ~~ ,. L N:) ACLl::5€>--J It) .... .... - It) C") ~ :c C) - :c R . ~ ~ '2 -.. ~ , 1fL,.c,', ~4 "'......t, ","""",n.' -.., a...., r-,.....,..:.f~~'" . /.~~7l~4r,1.lllot-tt 1- ~' ~. ,/...) rCl:r.w:4.""'~' ..-..1.[..,4. I . . I ....,"'., If"" ~....... I I I [J ~;""\."-' ~I, ~~~ - ~~TooZ5 ' II Clarke Key Map II 1,1 CONCESSION ROAD 4 , L I ATT ACHMENT 1 ... LOT 28 1...1~"",~^"'L 7.8.1-' ... i I -, "1 ~ .. ..... (-~::1~1~~" . ~t.,.I..s~ ... .__.~'".~. ""'5" t \ filii / ('''I"'''''''' ~-Y'E6~.:p..,,-.,L Gl::loU.ol<4 . aM~_"''-'''I'''~.L ~peitE.~f""~~ "'::"A5~~ .J-:~ ,...P:....o .~ i~ ~~!::>~.k,I<::~ ~ ~ C") z I 0 - :::: en ~ I en " 0: W J. 1': 0 ~ R Z 0 0 i:. I g 0 .; ... .. / ->~ ... '2.44~ ""'~H ""-" fON'E- Jt,~~~~....u,~ (z",.,..,.) , " o ~ / ! .;. w; .....~..:a..~) . 5c,..... c..o..LfU-' filii ... -~. ... ------. - .--""" ?f t.!:!"~' J ... ... .. ZBA 2001-018 Zoning By-law Amendment ... .. Owner: Di Adamo Holdings and Enterprises Limited .. CONCESSION ROAD :5 ... 69908 .. .. ATTACHMENT 2 ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle - - WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application ZBA 2001-018 to authorize the temporary use of land, buildings or structures pursuant to Section 39 of the Planning Act, 1990 to permit a golf driving range; - - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4 "SPECIAL EXCEPTION-AGRICULTURAL (A) ZONE" is hereby amended by adding thereto, the following new Special Exception as follows: - - "6.4.72 AGRICULTURAL EXCEPTION (A-72) ZONE Notwithstanding Sections 6.1 and 6.3, those lands zoned "A-72" on the Schedules to this By-law shall be used for a golf driving range. For the purposes of this section, a golf driving range is defined as a public or private area operated for the purpose of developing golfing techniques but excludes golf courses." - Pursuant to the requirements of Section 39 of the Planning Act, 1990, this use may be permitted for a period of three (3) years ending June 9, 2006. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: 2. .. - "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-72) Zone", as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. - 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 39 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 - Patti L. Barrie, Municipal Clerk - - 69909 This is Schedule "A" to By-law 2003- passed this day of , 2003 A.D. o N~ ~ ZONING CHANGE FROM "A-1" TO "A-72" ~ ZONING TO REMAIN "A-1" 1"::'::::'\':'\"::"1 ZONING TO REMAIN "C4" ~ ZO~NING TO REMAIN U EP" 284.30 I If) If) 0 (Jl ~ ~ 42.64 ~/ ... ---, N ~ ::s:: 1 03.67 /. /. I') n ~ .625 ~::::::::::::::::: ~ 7.00.":/6 If) O~ \A-~'\':> (Jl ~ ~ ~ ~ ~ ~ ~ 7 If) IX) N N John Mutton, Mayor LOT 29 LOT 28 LOT 27 CLARKE -~~CONCESSION ROAD :3 69910 , .., .. r-- r-- oj N ... I I I I I ... I I I I I I I ... I I I I , I I I ... I I I I I \ .. I I I I I I I ... I I I I I , I I ... I I I I } ~ .. ... ... ... Patti L. Barrie. Municipal Clerk ... rIM II Z II 0 I I CJ) I I CJ) I I W :: u II Z II 0 II U I I I I I I I I I I I I I I I I I I ... .. J ... ... III .. - CI~mgron ... REPORT ENGINEERING SERVICES .. Meeting: .. Date: Report #: .. Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MONDAY, JUNE 2,2003 EGD-18-03 File #: B.BF.16.002 By-law #: REQUEST FOR A STORMWATER OUTFALL CONSTRUCTION AND MAINTENANCE EASEMENT WITHIN DARLINGTON CREEK V ALLEYLAND - APPLICANT: W.E. ROTH CONSTRUCTION LIMITED AND EDLUP HOLDINGS LIMITED - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report EGD-18-03 be received; - 2. THAT the Municipality of Clarington grant the transfer of an easement for the construction and maintenance of a stormwater outfall, shown as Part 4 of Registered Reference Plan 40R-20800, to W.E. Roth Construction Limited and Edlup Holdings Limited; .. .. 3. THAT the attached by-law granting the easement for the construction and maintenance of a stormwater outfall be passed, authorizing the Mayor and Clerk to execute the agreement; - 4. THAT the Municipality's solicitor be directed to complete this transaction; and ... .. - .. - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 7(\ , IIllIiI REPORT NO.: EGD-18-03 PAGE 2 ... ... 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. .. ... Submitted by: /7 ~~.., ,~. I / ;;Uk~~ . ..~ Anthony Cannella, C.E.T. Reviewed by: Fra in Wu-:- Director of Engineering Services J" Chief Administrative Officer ... .. RH* ASC* JB May 22, 2003 .. ... .. ... ... ... ... .. ... ... ... 7'02 ... - REPORT NO.: EGD-18-03 PAGE 3 - 1.0 BACKGROUND - 1.1 W.E. Roth Construction Limited and Edlup Holdings Limited have received site plan approval to construct a 27,000 sq. ft. multi-unit industrial building at the southeast - corner of South Service Road and Symons Road in Bowmanville. Attachment 1 shows the location of the property. - - 1.2 As part of the site plan approval, the applicant has transferred the necessary road widening, site triangle and Darlington Creek valleylands to the Municipality. In order to facilitate the development, the applicant must construct a stormwater outfall within the Darlington Creek valleylands. An easement must be granted by Council to allow the applicant to construct and maintain the stormwater outfall within the valleyland. - .. - 1.3 The required easement should have been included as part of the Darlington Creek valleyland transfer to the Municipality. In order to resolve this the transfer of the necessary easement should be made for a nominal consideration. ... ... 2.0 2.1 - - STAFF COMMENTS The development proposal has been subject to extensive review by all relevant agencies through the site plan approval process. Staff have ensured that the stormwater outfall has been designed to minimize erosion damage to the Darlington Creek, both through the construction phase and over its long term operation. - 2.2 The easement, shown on Attachment 2 and described as Part 4 of Reference Plan 40R- 20800, would permit the applicant to construct and maintain the stormwater outfall works for the proposed industrial development. The terms of the easement do not allow the applicant to remove or place additional fill other than what is required for the outfall itself. The easement also indemnifies the Municipality against claims, demands or causes by the applicant arising from actions undertaken in exercising the easement rights. - - - - .. 7'03 .. REPORT NO.: EGD-18-03 PAGE 4 - 3.0 RECOMMENDATIONS 3.1 In consideration of the comments noted above, approval of the stormwater outfall - construction and maintenance easement as shown on the attached by-law (Attachment 3) is recommended. ... Attachments: .. Attachment 1 - Key Map Attachment 2 - Site Plan Attachment 3 - By-law Authorizing the Transfer of a Stormwater Outfall Construction and Maintenance Easement .. - Interested parties to be advised of Council's decision: David Rife W.E. Roth Construction Limited 1500 Highway 2 Courtice, Ontario L 1 E 2T5 ... .. Bob Annaert D.G. Biddle & Associates Limited 96 King Street East Oshawa, Ontario L 1 H 1 B6 ... "" ... ... ... - .. - III 704 .... - ATTACHMENT 1 - _ SUBJECT SITE - LOT 17 LOT 16 LOT 15 - 1\ I ~ l \ r:JL - ASELINE R A - 0 <( - z a::: 0 - - z Cf) w Cf) w w a::: U - " Z 0 - U I- - Z 0 0:: .. l.J.... Z .. w II ~ 0 - 0:: CD .. - - BOWMANVILLE KEY MAP OEV. 97 -022 I - - 7nc:. //.. (~ \. 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ATTACHMENT 3 .. - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2003- - Being a By-law to authorize the transfer of an easement shown as Part 4 of Registered Reference Plan 40R-20800, for the purpose of constructing and maintaining a stormwater outfall. - - WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-18-D3, including the recommendation that an easement shown as Part 4 of Registered Reference Plan 40R-20800 for the purpose of constructing and maintaining a stormwater outfall be transferred to W.E. Roth Construction Limited and Edlup Holdings Limited; - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1. The transfer of an easement by The Corporation of the Municipality of Clarington to W.E. Roth Construction Limited and Edlup Holdings Limited, its successors and assigns in Part 4 shown on a plan of survey of record deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Plan 40R-20800 for the purpose of constructing and maintaining a stormwater outfall together with any and all appurtenances thereto as may from time to time be required to be transferred, to be made for a nominal consideration and to contain terms satisfactory to the Director of Engineering Services of The Corporation of the Municipality of Clarington, is hereby authorized to be made. - - 2. The Mayor and Clerk are authorized to execute the transfer of the easement referred to in Section 1 on behalf of The Corporation of the Municipality of Clarington. - - - BY -LAW read a first and second time this 9th day of June 2003. BY -LAW read a third time and finally passed this 9th day of ~une 2003. - - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk - - - 707 .. ... ... "'" .. .. .. .. .. 11III - ... ... .. ... .. .. .. ... .. - Clocmgron - REPORT ENGINEERING SERVICES - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE JUNE 2, 2003 EGD-19-03 File #: PA.20.07 By-law #: BOWMANVILLE COMMUNITY PARK - PHASE ONE RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-19-03 be received; and - 2. THAT the concept plan for Phase One of the Bowmanville Community Park be approved. - .. d4~/'tr.tlvl- Submitted by: Anthony Cannella, C.E.T. Reviewed by: n lin Wu, Director of Engineering Services ~/ Chief Administrative Officer PW* ASC*ce /b /' - - May 27, 2003 .. - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 7nR - REPORT NO.: EGD-19-03 PAGE 2 1.0 BACKGROUND 1.1 In the 2003 Capital Budget, Council approved $170,000 for the design of Phase One of the Bowmanville Community Park located at the South/East corner of Green Road and Baseline Road. A key plan of the site is included as Attachment No.1. The site will be a 30 hectare (75 acre) Community Park that will ultimately include facilities such as ball fields, soccer fields, hard surface courts, playgrounds, and indoor recreation. The Municipality currently owns 22 hectares of the site and is in the process of acquiring an additional 8 hectares. 2.0 PUBLIC COMMENT 2.1 On May 21, 2003, a Public Information Centre was held in the Council Chambers to obtain input on the Phase One development of the park. Phase One is proposed to , include four premium quality ball fields on land currently owned by the Municipality. The Public Information Centre was advertised in the Canadian Statesman, and meeting invitations were sent to potential users groups and adjacent residents. The consultant on the project, TSH, prepared a concept plan for Phase One development (Attachment No.2) which was displayed at the Public Open Information Centre. In all, 10 members of the public attended and two provided written comment sheets. A copy of the sign-in sheet and written comments are provided as Attachment No.3. The attendees' response was favourable to the concept plan. Most of the comments were related to detailed design. During the detailed design stage the various ball user groups will be invited to provide additional input on issues such as field dimensions, infield surfaces, dugouts, backstops, washrooms, parking etc. 709 ... .. ... .. .. .. lIIIIIl .. .. .. .. ... .. ... .. .. .. .. .. .. REPORT NO.: EGD-19-03 PAGE 3 .. - 3.0 PROJECT STATUS 3.1 Phase One drawings of the park are conceptual only. During the detailed design stage additional input from ball user groups will be obtained. Detailed design and a cost estimate would be completed for consideration in the 2004 Capital Budget. If approved, the project would be tendered for construction in 2004. - .. - The second phase of the park development is currently included in the 2007 Capital Forecast. That phase is proposed to include 3 soccer fields and one football/soccer field. - 4.0 - 4.1 .. CONCLUSION As the Municipality grows the demand for additional outdoor recreation facilities increases. Ball and soccer continue to be the most popular outdoor field sports. The Bowmanville Community Park can accommodate both, however providing them in a logical sequence is important. - - In 2003 a new premium quality soccer field is to be constructed at the South Courtice Community Park, with two additional fields in the future at the same site. There is also a major soccer facility at Darlington. - - There is a need for a ball facility that could be used to host tournaments and other major events. It is recommended that Phase One of the Bowmanville Community Park, as illustrated on the concept plan be approved. - .. Attachments: - Attachment 1 - Key Plan Attachment 2 - Concept Plan Attachment 3 - Sign-in Sheet and Comments - Interested parties to be advised of Council's decision: ... Angela VanBeek 2359 Baseline Road Bowmanville, ON L 1 C 3K3 - 710 4J ~~~ lit 71 1 .. M.. = I ~Q'\ . ~ Q I ZQ ... ~ ... = ~ ~ e Q .cZ CJ = 1::. :;: Q -< Q. ~ ~ ... .. .. .. .. .. .. .. ... .. ... .. .. .. .. ATTACHMENT NO.: 2 REPORT NO.: EGD-19-03 .. - .. -7 \ .. ( - I ~ 1,.. -~~,. I I I I I; I; .. -~~~' - ~-- ~-:~- ~-:~- ~-:~- ~-:~- ~-:~- .",..-~"",., ~ - --~- Phase One Development - Concept Plan ~II o 20 40 60 80 100 150 200 Scale: 1 :4000 .. .. - - - Bowmanville Community Park ~TIH ~:.- ..........,. 'R: toI-372-2121 ....tII1;eeU ,AX: ~m-3I2I .1."" er. E-fMI............ No,.2QD.1 ClNJ!!gtDn - - 712 ., ::> ::> :\J ~ ='" >. co ~ ~ ~~~3: ......a.w C)Z)-_ rv ZWt::~ L.L. ii: (.) Z 0:: W<(Z:J... L- ..J 0 :E a. r-O~:Ew CJ) u.. <( 0 0 O:EOZ -)-o::wO tnl-O..JO \..J :J u.. ..J ~ W<(~>w rve:~~~ L.L. ~ ..J :E ::I: ZEn3:a. :J:JO :Ea. En ~~ ~ ~ .; J,) "\ , .J \f:._=.. ' ~ \"1 '.J -.+ ...J ~ ... tJ 4. ? ~ 'J 10 '* ., -...I ~)./ ,.:, -d. '~ ~ i I,.. d -- U l1; ;) ~ oJ J '\i r- /' 'Ii J r: r'J ~ .l.. ~ (j) ~ \1 MM o .. I '0) 0.... __ Z6 - ....(,!) Zw w :E .: xO .. UZ <(I- ~~ 0... 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III .. ... ... ... .. ... ... III ... .. .. .. - - - NAME: - ADDRESS: TELEPHONE: - COMMENTS: - - - - - - - - - Municipality of Clarington PUBLIC INFORMATION CENTRE Bowmanville Community Park Phase 1 Concept Review , ' evol ^,Aeo d ",' II PleaSt? f'f"d (/",)/ i,..cI~,.it' 0 J'l IJC< ,I. . l f 1L€ €flT" frf v;t1 E-/n& ;'1lirfi~ H,/lfl,c11'( , OfhtlIC\ ~ ~JH J.. 0 0 ~ar" Cr f.) {Our lief} () (V' 1f)5 - If J 6' -~} g b G-/h <\-11 =7) .f~s)bu I/er J :3 ~ u.o;. (Of).) /1;.1 ( hf; W b(U{j~t!/oflj1.// /j,Cl/h o,,!s be /r1/ I. n'/''' f:f:,'lf d" fie ollrlt( "tAint n~ft>.Jrrs i, '~a /I/Jj,() J.fMd j!-".,GJ 'jV . I' I , / 011 fie de c1Ane. 1 fJ .r~ t (' J4 n aJ m!Jre c,f;() fro Oil d J ? b)VvI~~ jJ,e f)/AmJ,rr) pln/t'l/' r~cc{.r.r-. C/a/":fj~^)(1{IJ~r\d 5"0..79 .J'occi!r [;e-I00 are J elf J7r(/h;UrYl, , May 21, 2003 COMMENT SHEET - Return To: - - - Mr. Peter Windolf, OALA, CSLA, Landscape Architect Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOW MANVILLE, Ontario Phone Number: 1-905-623-3379 ext. 201 Email: pwindolf@municipality.c1arington.on.ca 1 . ' ~ /' . t 0 (; f:. - vI' [ r / ' 716 NAME: ADDRESS: TELEPHONE: COMMENTS: Return To: Municipality of Clarington PUBLIC INFORMATION CENTRE Bowmanville Community Park Phase 1 Concept Review May 21, 2003 COMMENT SHEET h a,,!; '1 If /J f i rev\;1 ... ... - ... ... foe r .- ~ fltrl?;5 CnoHfl. )j.~11 falk'l( , ..L / '(/ jPt1Cf/ (UU, Ii dt'1ftl././f-e. \~'7/~"J o.jJpc. i.df I qr U (0el (I "oJJih/'v be &r t(},~d nte . Fl /' . , /, I ('i ron.{ /hIll; - SDCC(/,r "...i~/;(5. d/!T\~(}{;Of', def("')(.A.1oiC()drjC / frnollt,J( I : IAn 10 ( Hi. 50:) Iii) 7/( tor ... .. .. fill . ... ... ... ~ I aN' f. 5e tt-{;,e 10 iJ~Jr: lie -*' 1; ef ;r(d",'{)f~~ (hI,,! 11ft so" aJ v;e.... , J I f;f' " / I () r 0 fA,^ :' 7,('j ,..j/~~ ,r'" fh 7 e xe (.1J.,.j,' v (I c Mr. Peter Windolf, OALA, CSLA, Landscape Architect Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOW MANVILLE, Ontario Phone Number: 1-905-623-3379 ext. 201 Email: pwindolf@municipality.clarington.on.ca 717 ... - il^A Ac.".. ",1I-J Pet'^ .. _/ J I r.., t, v~ ;r - 'f.. () t 1 .. ;11/1 J~ />1---// -J) / aIv /)"1 7 fo/e), f' ... ... ... - ... - NAME: .. ADDRESS: TELEPHONE: - COMMENTS: - - .. - .. .. - - - Municipality of Clarington PUBLIC INFORMATION CENTRE Bowmanville Community Park Phase 1 Concept Review May 21, 2003 COMMENT SHEET t\~\e, \in. r. 6<2 ~ ic. 2 ~5 q ~a..=:><:.\ IV\<<-_ Kc\. ~CH b maf\OI \ \CC'_ lC\05) (02-72,- \ <"5l{- -PEde, ~: ~H"~"'O ~~.~\ '~'~~ ~\ Iec-. '" . .~\r--... c C: 0 lk -\-- \.......c... c\ -€ \e.-\O""2:> ;-nQ.,,,--T \ ~ - \ \: ~"~VY"~:~ L,^'l:-0-l '~c-,~\c\ ,dsn __~ ~ _p_ \LL-m_\ ('"\.\ _~_~ Y\~ \~l c\ e ,--)<2. \CJ~\~~-\:"'" ~"'o-:\ -\'CA'Lc -i{'\ o..C<";2 - +~r^--\: \i\JOu,,\6. C'c:>.".c<?.[\(\. ("':,\;...\ ...."-),.-,\\. ~.Q-\'~-, ,~o ,~c I c\ €. ~~\ f\('-".!o-)(-' oJe ':::, (';.> c \0"7:>0' ~ U -\-"^' k C\ e 00 Q \ D-?'Y-o.. c:u" -\- """) <" -+<- . - \ ~(~i... ~0\..--i. \ .. Return To: - - - Mr. Peter Windolf. OALA, CSLA. Landscape Architect Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOW MANVILLE, Ontario Phone Number: 1-905-623-3379 ext. 201 Ernail: pwindolf@municipality.clarington.on.ca 718 "" ... .. .. - .. .. ... .. - .. ... .. ... .. .. .. .. .. .. - Cl!J!illglOn .. REPORT ENGINEERING SERVICES .. Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE JUNE 2, 2003 EGD-20-03 File #: PA.20.06 By-law #: ROBINSON RIDGE NEIGHBOURHOOD PARK RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ... 1. THAT Report EGD-20-03 be received; - 2. THAT the Purchasing By-Law #94-129, Section 5, Item 5.06, be waived for this transaction; - 3. THAT before the purchase order is issued, the Courtice Parks Baseball and Softball Association pay to the Municipality their portion of the batting cage cost; - 4. THAT a purchase order in an amount of $157,300.00 be issued to 289143 Ontario Ltd. for the water play area and batting cage; and .. 5. THAT the required funds be drawn from the 2003 Capital Budget Account No. 8610- 03103-1401 for the Robinson Ridge Neighbourhood Park. - - - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-9282 719 .. - REPORT NO.: EGD-20-03 PAGE 2 - .. Submitted by: 4(&) .... i ~... '/f .'1 \.; . . (dMu.,t/'--- Anthony Cannella, C.E.T. Reviewed by.: F klin Wu, Director of Engineering Services ~hief Administrative Officer .. .. .. i ... e Marano, H.B.Sc., C.M.O. Director of Corporate Services .. PW* ASC*MM*ce May 28, 2003 .. .. .. .. ... ... ... .. .. .. 720 .. .. - REPORT NO.: EGD-20-03 PAGE 3 1.0 - - - - - - .. - - - - - - - - - - BACKGROUND To service new subdivision growth a residential developer will be constructing a new neighbourhood park in Courtice in 2003. The park, tentatively known as Robinson Ridge Neighbourhood Park, will be located in the new residential subdivision south of Bloor Street, just east of Townline Road. A key map of the park is included as Attachment No. 1 of this report. The park will include a ball diamond, batting cage, mini-soccer field, playground, gazebo, water play area, connecting walkways, and landscape planting. The approved subdivision agreement and concept plan for this park did not include a water play area or a batting cage. In order to provide water play in this park Council approved $110,000 in the 2003 Capital Budget, Project I.D. Number 5800-8610-03103. In May 2000 Council approved up to $10,000 towards the design and construction of a batting cage for the Courtice Parks Baseball and Softball Association. After the cost of design a balance of approximately $5,000 remains. The Association still desires a batting cage and they have agreed to fund the balance of the project cost. The Robinson Ridge Park site is ideal for them because it will eventually include two ball diamonds. 2.0 COMMENTS Constructing the water play area and the batting cage in conjunction with the overall park development will result in a lower cost for both features and less disruption to the site. The developer included both features in his tender for the park development. The low bid for the water play area in the developer's tender was $134,000. Staff advised the developer that we can not exceed the approved Capital allocation of $110,000. The developer is willing to proceed with water play and fund the difference. The batting cage cost in the developer's tender is $47,300. There is approximately $5,000 remaining from the approved Municipal contribution to the project. The Courtice 72\ .. REPORT NO.: EGD-20-03 PAGE 4 ... Parks Baseball and Softball Association have requested some changes to the scope of work but they are committed to funding the balance of the batting cage cost. They have requested that the Municipality coordinate th~ construction of the batting cage with the park development. They are willing to pay the Municipality in advance of construction. The Municipality would then reimburse the developer. ... .. .... Payment to the developer would be made by the Municipality for both the water play area and the batting cage upon completion of the work at certain milestones. .. In order for the developer to construct the water play area and the batting cage for the Municipality we must issue a Purchase Order to 289143 Ontario Ltd. .. .. 3.0 CONCLUSION The Municipality has already approved the funding for the water play feature at _ Robinson Ridge Neighbourhood Park in the 2003 Capital Budget. The batting cage is an outstanding request of the Courtice Parks Baseball and Softball Association that can .. be satisfied in this park as well. Including both projects with the developer's construction of the park is logical from a cost and coordination perspective. Therefore, ... it is recommended that the Purchasing By-Law #94-129, Section 5, Item 5.06 be waived for this transaction. ... Attachments: .. Attachment 1 - Key Map .. ... III .. .. 722 .. - - - - - - - ..... Q) ~ ..... C/) - - L- a a OJ - .. .. .. .. - - - - - f4 ~~~ ~ ~ -'" tJ~~~ ,,~~ lIo/s: ~" '" ~Jc::t ~'" ------ [j--- ------ --- --- ....... c 0) 0) - CO E .za. en 0 0)- S~ 0) o " c g 00)1: C')~.:lI:: . "'C 0 ... ~- ii:~~ tn ' .- "- '" Q) '~ "Z " -" ~ 723 ~ ....= I . = ~M Z' ....~ =" Q,)~ e . .Cl ~ ~Z t:t: -< ~ Q., ~ " "- ''A //// / ... .... .... .. .. .. .. .. .. .. ... .... IllIl .... .... ... ... ... .. , L. ~ ! ... Clfllmgron ~ REPORT \ ! ... OPERATIONS DEPARTMENT .. ... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ! ~ Date: June 2, 2003 Report #: OPD-04 -03 File #: By-Law #: i .. Subject: SENIOR CITIZENS AND PHYSICALLY DISABLED SIDEWALK AND DRIVEWAY WINDROW SNOW CLEARING PROGRAM I .. , , t: .. Recommendations: L 1. THAT Report OPD-04-03 be received as information. i i. L L t I ... Submitted by: Reviewed by: Fred . J. Horvath, B.A., RD.M.R, RRF.A. ' nklin Wu, Direc r of Operations ~ Chief Administrative Officer \ ;; ... ! .. I.. CORPORATION OF THE MUNICIPALITY OF CLARINGTON , ... 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433 Anl REPORT NO: OPD-04-03 PAGE 2 BACKGROUND The Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program was a popular program again this past season. Since its introduction in 1993 the program has significantly expanded across the Municipality. Although there were 64 participants that did not return to the program this past season, there were 81 new participants and 565 residents who returned to the program, totaling 649 participants for the 2002-2003 season. Location Not Returned Returning To New in 2002-03 2002-03 to Program Program Program Total Bowmanville 33 322 49 371 Cou rtice 19 145 19 164 Newcastle 8 42 7 49 Newtonville 1 7 13 10 Orono 2 22 2 24 Solina N/A 4 0 4 Burketon N/A 1 0 1 Enniskillen N/A 2 0 2 Hampton 1 10 1 11 Maple Grove N/A 2 0 2 Mitchell's Corners N/A 8 0 8 *64 565 80 646 Did Not Return to Program from 02-03 64 Total Participants in 01-02 Program 629 Total Participants in 02-03 Program 646 Increase to the 02-03 Program from last *17 Year (*81 new participants) For residents to be eligible for this service, applicants must be 65 years of age or older or be physically disabled, occupy a single family, dwelling which fronts onto a Town street in the specified urban areas or the urbanized areas of the specified hamlets, and have no able bodied persons under the age of 65 years residing on the property. Senior citizens must provide a copy of a birth certificate or Senior Citizens CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433 802 J J j J J J J J J J J J J j J J J J J t i .. REPORT NO: OPD-04-03 PAGE 3 \' L ! L. Number; physically disabled applicants must provide a doctor's certificate. Applications will be mailed to previous participants in September and advertisements placed in the newspapers indicating the above information with a deadline date for this program of October 1 ih, 2003. All applications must be submitted on or before that date to be eligible for the 2003-2004 program. The cost for this winter program activity will be addressed in a subsequent report dealing with the 2003-2004 Municipal Winter Program. t .. \ I ... l , .. , r .. The sidewalk snow clearing service on municipal sidewalks starts when a snowfall ends and only when there is more than 2 em (approximately 1 inch) of snow on sidewalks. The driveway windrow snow clearing service is not undertaken until the snow ploughing on all Municipal streets has been completed. Windrows are not called out for every snow fall. i. I .. L L Below is a table of call-out statistics for snow clearing from 1998 to 2003. There is a substantial increase in callouts due to icy conditions throughout this past season. Call-Out Statistics: \ L. November December January February March April Total 1 998-99 0 3 30 5 5(Mar7) 0 43 1 999.00 0 3 10 8 3(Mar14 ) 0 24 2000-01 1 16 17 13 6(Mar13) 0 53 2001-02 0 6 10 10 7 (Mar27) 0 33 2002-03 2 11 23 14 11 4(Apr8) 65 L \ L. t .. Note: The Call-outs listed above are not all for full call-outs. Some are for sand and salt only, and some for snow clearing only. Windrows are not required to be cleared for each snowfall. Also note that the dates in brackets are the final call-out dates for that year. 1 i .. .. Attachments: Attachment #1 - Letter to Residents Previously in Program Attachment #2 - Advertisement for Newspapers - August 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ... t .. 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433 Qn~ ATTACHMENT NO.: 1 REPORT NO.: OPD-004-03 J J .J J J J J j J J J j J J J J J J J August 18, 2003 Dear Resident: RE: APPLICA TION FOR SNOW CLEARING - 2003-2004 WINTER SEASON SENIOR CITIZENS AND THE PHYSICALLY DISABLED SIDEWALK AND DRIVEWAY WINDROW SNOW CLEARING PROGRAM Please find an application enclosed for the 2003-2004 season. This letter is also a reminder to those who have been in the program, that although you were approved to receive the snow clearing service in the 2002-2003 season, you must complete the enclosed Snow Clearing Application for the 2003-2004 Winter Season. Please submit the application to the Operations Department in the enclosed envelope before October 17. 2003. Applications received after that date may not be accepted. To be eligible for this service, applicants must be 65 years of age or older or be physically disabled, occupy a single family, dwelling which fronts onto a Town street in the specified urban areas or the urbanized areas ofthe specified hamlets, and have no able bodied persons under the age of 65 years residing on the property. Senior citizens must provide a copy of a birth certificate or Senior Citizens Number; physically disabled applicants must provide a doctor's certificate each year. The snow clearing service on municipal sidewalks starts when a snowfall ends and only when there is more than 2 cm (approximately 1 inch) of snow on sidewalks. The driveway windrow snow clearing service is not undertaken until the snow ploughing on all Municipal streets has been completed and are not called out for minimal amounts. We ask that you be patient during this process and we will do our best to ensure an effective servIce. When your 2003-2004 application is approved, a copy will be forwarded to you for your records. If you have any question regarding your application, please contact the undersigned at 905-263-2291 between 8:00 a.m. and 3:00 p.m. Monday to Friday. Yours truly, Susan D. Arends, Operations Technician Operations Department *sa Enclosures pc: Frederick Horvath, Director of Operations ON: SRLET03 804 I, . .. i .. Ii I.. ... ... .. I L. .. ... L ! L. .. L L L t ~ .. & l.. lJ ~ ~. ... ATTACHMENT NO.: 2 REPORT NO.: OPD-004-03 Advertisement for newspapers - AUQust 2003 NOTICE SENIOR CITIZENS AND THE PHYSICALLY DISABLED SIDEWALK AND DRIVEWAY WINDROW SNOW CLEARING PROGRAM The Municipality of Clarington is offering senior citizens 65 years of age and over and the physically disabled a snow clearing service on municipal sidewalks and for driveway windrows adjacent to single family dwellings, which includes semi-detached, link housing and row housing in the urban areas of Bowmanville, Courtice, Orono, Newcastle Village and in the Hamlets of Bond Head, Newtonville, Tyrone, Leskard, Haydon, Kendal, Solina, Hampton, Burketon, Enniskillen, Maple Grove, Enfield, Mitchell Corners and Kirby. To be eliqible for this service, applicants must be 65 years of age or older or be physically disabled, occupy a single family dwelling which fronts onto a Town street in the specified urban areas of the specified hamlets, and have no able bodied persons under the age of 65 years residing on the property. Senior citizens must provide a copy of a birth certificate or Senior Citizens Number; physically disabled applicants must provide a doctor's certificate each year. Application Forms can be obtained from the Operations Department, 2320 Taunton Road or at the Municipal Administrative Centre, Customer Service Reception Desk at 40 Temperance Street in Bowmanville, or by calling 905-263-2291. If you wish to verify that you qualify for the service, please contact the Operations Department at the above phone number. All applicants who were approved last winter will receive a 2003-2004 application in the mail. All applicants must reapply each winter season and provide the appropriate documentation. All applications should be completed and returned to the Municipality of Clarington, Operations Department on or before October 17, 2003. Applications may not be accepted after that date. 805 .J J J J J J J J J J j .J J J J J ] J J \ ... ~ Cl!J!mgron ... , ~ .. 1 .. i ... L ~ L. ~ ... L ~ ~ .. l L L L , ... I t il. L l .... REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 2, 2003 Report #: CLD-23-03 File #: By-law #: Subject: PARKING REPORTS FOR JANUARY, FEBRUARY, MARCH AND APRIL 2003 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-23-03 be received; and 2. THAT a copy of Report CLD-23-03 be forwarded to the Bowmanville Business Centre for their information. Submitted by: P I .J;.::! MUnicipal PLB*L~~ eviewed b~{ nklin Wu, ~ Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1 to 1 REPORT NO.: CLD.23-03 PAGE 2 of2 BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the months of January, February, March and April of 2003 and is provided herein for the information of Committee and Council. Attachment 1 2 3 4 Parking Report For The Month Of January 2003 Parking Report For The Month Of February 2003 Parking Report For The Month Of March 2003 Parking Report For The Month Of April 2003 1102 J J J J J J J J j j j j J J J J J J J.. ~' L L PARKING REPORT JANUARY 2003 ATTACHMENT #1 t L TICKETS ISSUED JANUARY YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE 2003 2003 2002 2001 P.E. Officers 682 682 431 270 Police 8 8 4 16 Public Works 8 8 0 25 Group Four 16 16 4 5 Securitas 57 57 Fire Services 0 0 N/A N/A TOTAL ISSUED 771 771 439 316 REVENUE Meters $2,286.00 $2,286.00 $2,760.00 $3,355.00 Permits 138.00 138.00 241.50 N/A Fines 7,587.00 7,587.00 4,628.00 3,186.00 MTO Chargeback ($569..25) (569.25) (1,922.25) (684.75) TOTAL REVENUE $ 9,441.75 $9,441.75 $5,707.25 $5,856.28 1ST APPEARANCES Total Conducted 13 13 N/A N/A # Tickets Cancelled 11 11 N/A N/A # Tickets Upheld 4 4 N/A N/A # Requests for Trial 1 1 N/A N/A # Tickets Disputed 16 16 N/A N/A L I ~: ... L , .. L L ~ - \ .. t .. L L L , .. ! . .. L l .... 1103 PARKING REPORT FEBRUARY 2003 ATTACHMENT #2 .J J j J J J J J j J J J J J J J J J J TICKETS ISSUED FEBRUARY YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE 2003 2003 2002 2001 P.E. Officers 533 1215 965 595 Police 4 12 8 41 Public Works 10 18 0 25 Group Four 9 25 19 5 Securitas 27 84 Fire Services 0 0 N/A N/A TOTAL ISSUED 583 1354 992 666 REVENUE Meters $5,015.00 $7,301.00 $8,175.00 $6,265.00 Permits 103.50 241.50 465.75 188.60 Fines 7,806.00 15,393.00 10,444.00 6,608.00 MTO Chargeback ($420.25) (989.25) (1,922.25) (1,369.50) TOTAL REVENUE $12,503.75 $21,946.25 $17,162.50 $11,692.10 1ST APPEARANCES Total Conducted 15 28 N/A N/A # Tickets Cancelled 13 24 N/A N/A # Tickets Upheld 3 7 N/A N/A # Requests for Trial 0 1 N/A N/A # Tickets Disputed 16 32 N1A N1A 1104 \ .. L PARKING REPORT MARCH 2003 ATTACHMENT #3 L TICKETS ISSUED MARCH YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE 2003 2003 2002 2001 P.E. Officers 459 1674 1368 915 Police 0 12 18 62 Public Works 0 18 0 25 Group Four 0 25 54 15 Securitas 25 109 Fire Services 0 0 1 N/A TOTAL ISSUED 484 1838 1441 1017 REVENUE Meters $5,050.50 $12,351.50 $12,117.50 $15,948.00 Permits 103.50 345.00 546.25 254.00 Fines 6673.00 22,066.00 15,357.00 10,076.00 MTO Chargeback ($354.75) (1,314.00) (3,795.00) (2,268.75) TOTAL REVENUE $ 11,472.50 $33,448.50 $24,225.75 $24,009.40 1ST APPEARANCES Total Conducted 17 45 19 8 # Tickets Cancelled 17 41 16 5 # Tickets Upheld 4 11 6 3 # Requests for Trial 0 1 0 0 # Tickets Disputed 21 53 18 8 , .. I f ... L -. , Ill. L I ~ \ .. ~ .. , ... L 1 .. \ ... i .. I I .. t II. ... , 1 05 PARKING REPORT APRIL 2003 ATTACHMENT #4 .J j .J J J j J J j j j j J .J J J J J J TICKETS ISSUED APRIL YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE 2003 2003 2002 2001 P.E. Officers 255 1929 1769 , 1753 Police 1 13 25 98 Public Works 0 18 0 25 Group Four 0 25 78 19 Securitas 12 121 Fire Services 0 0 1 N/A TOTAL ISSUED 268 2106 1873 1895 REVENUE Meters $5,050.50 $17,402.00 $17,022.50 $21,443.00 Permits 120.75 465.75 1063.75 500.25 Fines 3,995.00 26,061.00 19,650.00 16,310.00 MTO Chargeback ($354.75) (1,668.75) (4,743.75) (3,036.00) TOTAL REVENUE $ 8,811.50 $42,260.00 $32,992.50 $35,215.25 1ST APPEARANCES Total Conducted 10 55 50 N/A # Tickets Cancelled 2 43 36 N/A # Tickets Upheld 8 19 10 N/A # Requests for Trial 0 1 7 N/A # Tickets Disputed 10 63 53 N1A 11 06 l L L L L L L L l L L L L l L L L l L CLB!l1Jgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 2nd, 2003 Report #: COD-018-03 By-law # File #_ Subject: TENDER CL2003-12, PART "A" - SUPPLY AND HAUL GRANULAR "A" & liB" GRAVEL PART "B" - HAUL, STOCKPILE AND SPREAD GRANULAR "A" GRAVEL Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-018-03 be received; 2. THAT Robert Young Construction Ltd., Peterborough, Ontario, with a total bid in the amount of $407,904.50, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2003-12, be awarded the contract for the Supply and Haul of Granular "A" and "B", and Haul, Stockpile and Spread Granular "A" Gravel; and 3. THAT the funds expended be provided from the 2003 Operations Road Maintenance and Construction budget; FORTHWITH. ..-.., Reviewed bY:U~ Franklin Wu, ~ Chief Administrative Officer Submitted by: / tf'aw - ~fie Marano, H.B.Sc., C.M.O. Director 0 Cor ate Services ck J. Horvath, B.A., RD.M.Rt RRFA or of Operations MM\LAB\LM\FH\eo , 201 Report COD-018-02 BACKGROUND AND COMMENT Paae 2 Tenders were publicly advertised and called for the Supply and Haul of Granular "A" and "B", and Haul, Stockpile and Spread Granular "A" Gravel, as required by the Operations Department. Subsequently, tenders were received and tabulated as follows: Robert Young Construction Peterborou h, Ontario Lafarge Materials & Construction Stouffville, Ontario $725,674.00 The total funds required for Tender CL2003-12, Supply and Haul of Granular "A" and "8", and Haul, Stockpile and Spread Granular "A" Gravel, are included in the Operations Department Gravel Patching and Resurfacing accoLint, as well as various other construction accounts. For the information of Council, the unit prices per tonne for Part A and Part 8 represent an average 19% and 35% decrease respectively over those bid for 2002. The low bidder has previously performed satisfactorily for the Municipality of Clarington. Due to the pending summer season, a forthwith approval is required in order to have the work completed in a timely manner. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330 1202 J J j J ,I .' J J ] J 1 J J J J ] I l J l ~ ~Cl~n REPORT ADMINISTRA liON ... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE , L Date: June 2, 2003 , ~ Report #: ADM-02-03 File #: By-law #: ... Subject: Clean Air Council ... RECOMMENDATIONS: 1. That ADM-02-03 be received. .. 2. That the Mayor and the CAO be authorized to take all necessary actions to represent the Municipality of Clarington on the GT A Clean Air Council; and to participate in clean air initiatives. [ Ii. I.. ~,' .. ~ i.. c) ~ -$~ Submitted by: Franklin Wu, Ii. Chief Administrative Officer FW*jla Attach: Attachment 1 - Inter-Governmental Declarations of Clean Air (2002 Declaration) Attachment 2 - Draft agenda - June 20th Roundtable Attachment 3 - Action to Improve Air Quality 2003 I.. .. iI. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-5717 ~ 1401 REPORT NO.: ADM-02-03 PAGE 2 1. BackQround The Greater Toronto Clean Air Council (GTA C.A.C.) was established through the Intergovernmental Declaration of the Federal and Provincial governments, and the City of Toronto in 2000. It has since expanded its membership to include various federal and provincial agencies such as N.R. Canada, Ministry of Transportation, Ministry of Environment, Utility companies and 26 of the GT A municipalities. In Durham Region, the Region, Ajax, Pickering and Oshawa are existing members with Whitby and Clarington recently participating as members of the C.A.C. Clarington, by Resolution C-190-02 endorsed the resolution of the Federation of Canadian Municipalities regarding Kyoto Protocol and that working with the GT A-C.A.C. begins to implement some of the principles called for in the Protocol. 2. Goal of the C.A.C. The primary goal of the C.A.C. is to reduce smog by promoting and implementing various clean air initiatives; including the annual signing of Inter-governmental Declarations setting out the challenge for the next annum. 3. Strateav of the C.A.C. · Explore opportunities and best practices among all agencies · Encourage members to undertake local initiatives · Host Smog Summit to heighten public awareness · Provide GT A-wide education campaigns 4. Role of Municipalities In support of the effort, C.A.C. municipalities are encouraged to undertake as many clean air initiatives as possible, including but not limited to the following actions: . Promote local transit Explore and utilize green power such as wind, biogas, solar and other renewable energy sources, e.g. solar energy for municipal facilities, bio-diesel fuel for municipal fleet Anti-idling by-law Community outreach to local businesses and industries Education and promotion, e.g. walk to school program Bicycle and pathway development as alternate transport modes Coop with other municipalities to purchase green power such as bio-diesel Greening of urban area Promote smart growth Green procurement policies Energy efficiency initiatives Smog alert response plan . . . . . . . . . . . 1402 J j j j J J .J J j j .J J j j j J j j j ... .. .. II. .. .. ... .. .. . l.. . . II. . 7. ... i .... .. ~ ~ 1. II. 2. .. II. ... REPORT NO.: ADM-02-03 PAGE 3 5. ClarinQton Initiatives Clarington has already undertaken a number of actions and initiatives that meet the objectives of the C.A.C., including Clarington Transit, strong support for ITER, Backyard Burning Bylaw, Valleys 2000 and other stewardship initiatives. Clarington's initiatives (see attachment #3) will be listed as part of an appendix to the 2003 Declaration. During the summer of 2003 an information baseline will be researched and documented of current practices across the municipal departments. This will provide a benchmark for future improvements that can be registered as part of the annual declarations at the Smog Summit. In future, Clarington may wish to participate more actively in Smog Summit lead-in activities such as the community forum being hosted June 12th at 7p.m. at Ajax Community Centre, 75 Centennial Road. 6. Benefits to ClarinQton The benefits to Clarington in becoming a member of the GT A-Clean Air Council will be: Piggy-back onto GT A-wide public education programmes, such as the idle-free campaign Information sharing for environmentally friendly procurement policies, including access to RFP's and the option to participate in region-wide purchasing initiatives Continuous improvement in our knowledge base for clean-air initiatives Link to the GT A-Clean Air Council website Actions Steps Active participation in the effort to reduce smog but developing our own Municipal strategies and commitments that implement as many clean air initiatives as possible based on the best practices being compiled by the C.A.C. Staff involvement: CAO to chair a staff working group that will draft "Smog Response and Smog Action Plans" with assistance from the Special Project Branch of Planning Services and staff members from other Departments. Required: Declaration by Clarington that it is prepared to take action for clean air quality. Mayor to sign the 2003 Joint Intergovernmental Declaration at the Smog Summit on June 20,2003 (Attachment #2 - Agenda). The 2003 Declaration is currently being drafted by the C.A.C., it will be similar to the 2002 Declaration (attachment #1). 1403 Attachment #1 TORONTO 2002 INTER-GOVERNMENTAL DECLARATION ON CLEAN AIR PREAMBLE WHEREAS representatives of the City of Toronto, the Government of Ontario, and the Government of Canada, out of concern for the risks that air pollution poses to public health and the local economy, gathered in Toronto and signed the Toronto Inter-governmental Declaration on Clean Air on June 21, 2000 and gathered again on the occasion of the second Toronto Smog Summit on June 11, 2001 joined by representatives of municipal governments in the Greater Toronto Area (GTA) and signed the Toronto 2001 Inter- governmental Declaration on Clean Air; AND WHEREAS the Inter-governmental Working Group, established to follow-up on key issues raised and to convene ongoing annual Summits was renamed the GT A Clean Air Council with an expanded mandate to also explore opportunities for joint initiatives between annual Summits and liaise, through the Federation of Canadian Municipalities, with other municipalities across Canada to share best practices information on smog reduction; AND WHEREAS we the representatives of the City of Toronto, municipal and regional governments in the GT A, the Government of Ontario, and the Government of Canada have gathered in Toronto on June 21,2002 on the occasion of the third Smog Summit; RECOGNIZING that recent evidence indicates an association between exposure to smog pollutants, increased mortality from heart disease and increased incidence of asthma in children, and experimental studies in humans have shown that exposure to smog pollutants constricts blood vessels; RECOGNIZING that in 2001, the Toronto region experienced an unprecedented number of smog advisories as well as the earliest smog advisory in its history and recognizing that climate change may cause the number of smog incidents to increase; RECOGNIZING that on March 18, 2002 Ontario Medical Officers of Health and other health professionals, acknowledging the adverse health impact of air pollution, met with the Ontario Medical Association to discuss strategies to promote concrete actions that reduce local air emissions and encourage necessary individual and policy changes; RECOGNIZING that during May and June 2002 at six citizen forums throughout the GT A hundreds of citizens urged that strong action be taken by citizens, business and government to clean the air and reduce greenhouse gas emissions; RECOGNIZING that the annual Summits are a part of the on-going efforts of our respective governments to address the air pollution problem; EMPHASIZING the significance of this Summit in convening all orders of government, corporations, non-governmental organizations, and members of the general public, aiming to 1404 j j .J j J .J J J J .J J j J J j J J .J j i .. ... better coordinate and enhance their respective initiatives to reduce the occurrence of, and health risk from, air pollution in Toronto and the GTA; ... ... THANKING Enbridge Consumers Gas, Toronto Hydro, the Government of Ontario, the Government of Canada, the Toronto Atmospheric Fund, and the City of Toronto for providing financial support for the Summit; THANKING the participants of the GT A Clean Air Council for developing the 2002 Declaration, and thanking the corporations, non-governmental organizations and members of the general public who assisted in planning the Summit and the Toronto Atmospheric Fund, the Clean Air Partnership and the City of Toronto for organizing the Summit; ... .. WE DO HEREBY DECLARE: ... ARTICLE 1 STATEMENT OF COMMON UNDERSTANDING t 1 .1 ... ~ .. ... 1 .2 L. 1 .3 l.. .. l.. I I. ... I.. ... ... According to several recent studies, air pollution poses a serious threat to the health of people with cardiac and respiratory illness, and to the environment. Scientists and physicians have linked air pollution to premature deaths, illnesses and hospitalization, each year in major Canadian cities, including the GT A. There is a cost to air pollution related illness and a threat to local economies. Even a small increase in air pollution increases health impacts, particularly to those who are sensitive to air pollution. Recent evidence indicates that chronic exposure to smog is associated with both acute and long-term health effects. The scientific literature also reflects a growing concern over the health impacts of exposure to airborne fine particles. Ground-level ozone is a principal constituent of smog. The formation of ozone is in part a function of solar radiation and ambient heat. Particulate matter, the other main contributor to smog formation, may be released directly into the air from a variety of sources, or indirectly formed when gases from burning fossil fuels react with sunlight and water vapour. Climate change may cause more episodes of ground-level ozone in the GT A. 1.4 Fossil-fuel combustion is responsible for most of the air pollution originating locally, including carbon monoxide, nitrogen oxides and sulphur oxides. 1.5 Compact urban form, combined with pedestrian and transit-friendly design, fosters opportunities to shift from automobiles to alternative transportation options like walking, cycling and transit, thereby creating the potential to reduce driving-related emissions. 1.6 There is a need to reduce greenhouse gas emissions as part of our collective efforts to address climate change. Actions to reduce greenhouse gas emissions are also often associated with reductions of other atmospheric emissions. As a result, one of the key co-benefits associated with these actions is to reduce air pollution and the associated health impacts. 1405 ARTICLE 2 CALL FOR MUNICIPAL ACTION LOWER-TIER MUNICIPALITIES: In 2002-2003, the Town of Ajax is prepared to take action to improve air quality as outlined in Appendix 2.1. In 2002-2003, the City of Brampton is prepared to take action to improve air quality as outlined in Appendix 2.2. . . In 2002-2003, the City of Burlington is prepared to take action to improve air quality as outlined in Appendix 2.3. In 2002-2003, the Town of Caledon is prepared to take action to improve air quality as outlined in Appendix 2.4. In 2002-2003, the Town of Halton Hills is prepared to take action to improve air quality as outlined in Appendix 2.5. In 2002-2003, the Town of Markham is prepared to take action to improve air quality as outlined in Appendix 2.6. In 2002-2003, the City of Mississauga is prepared to take action to improve air quality as outlined in Appendix 2.7. In 2002-2003, the Town of Newmarket is prepared to take action to improve air quality as outlined in Appendix 2.8. In 2002-2003, the Town of Oakville is prepared to take action to improve air quality as outlined in Appendix 2.9. In 2002-2003, the City of Oshawa is prepared to take action to improve air quality as outlined in Appendix 2.10. In 2002-2003, the Town of Richmond Hill is prepared to take action to improve air quality as outlined in Appendix 2.11. In 2002-2003, the Town of Whitchurch-Stouffville is prepared to take action to improve air quality as outlined in Appendix 2.12 UPPER-TIER MUNICIPALITIES: In 2002-2003, the Region of Durham is prepared to take action to improve air quality as outlined in Appendix 2.13. In 2002-2003, the Region of Halton is prepared to take action to improve air quality as outlined in Appendix 2.14. 1406 .J J J J j .J J J j .J J J J J J .J j J .J .. .. In 2002-2003, the Region of Peel is prepared to take action to improve air quality as outlined in Appendix 2.15. .. In 2002-2003, the Region of York is prepared to take action to improve air quality as outlined in Appendix 2.16. .. SINGLE-TIER MUNICIPALITIES: .. In 2002-2003, the City of Toronto is prepared to take action to improve air quality as outlined in Appendix 2.17. .. ARTICLE 3 - CALL FOR PROVINCIAL ACTION .. In 2002-2003, the Government of Ontario is prepared to take action to improve air quality as outlined in Appendix 3. lilt ARTICLE 4 - CALL FOR FEDERAL ACTION In 2002-2003, the Government of Canada is prepared to take action to improve air quality as outlined in Appendix 4. ... .. ARTICLE 5 - CALL FOR JOINT ACTION The GT A Clean Air Council has identified needed actions to reduce air pollution in the GT A airshed. Governments operational in the GTA are prepared to take the following inter- governmental actions to improve air quality: .. 5.1 With financial support in 2002 from the Toronto Atmospheric Fund and the Government of Canada, with implementation support from other GT A municipalities, energy firms and transit providers, and with coordinating support from the City of Toronto, the municipalities represented on the GT A Clean Air Council will where appropriate participate in the implementation of 20/20 The Way to Clean Air, a social marketing campaign to help householders reduce both home energy use and vehicle kilometres travelled by 20% in each of their jurisdictions. ... .. lilt 5.2 ... 1. ... 2. 3. 4. ... 5. 6. 7. .. 8. 9. ... The municipalities represented on the GT A Clean Air Council will review their Smog Alert Response Plans and consider including these actions, where appropriate: Reduce or suspend use of gasoline or diesel-powered equipment where possible (Iawnmowers, leaf blowers, etc). Reduce or suspend pesticide spraying. Reduce or suspend vehicle use (alternative work arrangement, trip reductions). Refuel essential vehicles early or late in day. Reduce engine idling. Reduce or suspend pavement resurfacing (subject to contract agreements). Set warmer temperatures on air conditioning units. Allow staff to dress comfortably. Reduce or suspend pavement/city street sweeping. 1407 5.3 5.4 5.5 5.6 In addition, the members of the GT A Clean Air Council will participate in the development, and where appropriate, implement the following actions to assist local sources to reduce emissions of air pollutants and greenhouses gases: 1. In cooperation with the suppliers of gasoline products, develop a GT A-wide low- sulphur fuel purchase standard. 2. In cooperation with Ontario Power Generation, Toronto Hydro and other electricity producers develop GT A-wide Renewable Energy Portfolio Standard to ensure that a percentage of electricity purchased comes from renewable sources. 3. Commit to anti-idling and fuel-reduction programs for their vehicle fleets. 4. Implement a GTA-wide anti-idling public education program and participate in a review of the feasibility of anti-idling by-laws in their jurisdictions. 5. Promote in their jurisdictions voluntary programs such as Green$aver and the Clean Air Foundation's Mow Down Pollution. 6. Participate in a GT A-CAC Air Quality Modelling Group of municipal members to share municipal data and oversee the modelling of local air quality conditions and smog episodes across the GT A, to portray local air quality, and to evaluate the potential of future municipal policies, improvement measures and scenarios. 7. Develop links between GT A Council members' corporate websites, and the websites of the GT A Clean Air Council and federal and provincial governments promoting clean air and display their clean air declarations and annual progress reports and for public review. All members of the GT A Clean Air Council will communicate the Citizens' Declaration presented at the third Smog Summit to their member organizations Environment Canada, Health Canada and the Ontario Ministry of the Environment and Energy will collaborate, as part of a national initiative, on the timely development and implementation of an improved Air Quality Index (AQI) in consultation with stakeholders to better inform the public, including those who are especially sensitive to air pollution, of steps they can take to protect their health during air pollution episodes. Health Canada, Environment Canada and Toronto Public Health, in consultation with the GT A Clean Air Council, will be engaged in a major new study funded by Health Canada to examine the combined impacts of heat and smog on summer premature mortality as well as winter weather and air pollution on mortality. 1408 j J * .J j j .J j J j j J J j J j J j j .J .. ... ARTICLE 6 - CALL FOR GT A CLEAN AIR COUNCIL ACTIONS ... The GT A Clean Air Council has identified needed research and actions to reduce air pollution in the GTA airshed. Through the GTA Clean Air Council, the members of the GTA-CAC are prepared to take the following joint actions to improve air quality: .. 6.1 ... 6.2 ilia ilia 6.3 , .... 6.4 ... ~ ~ ~ ~ ~ ... , .. -- .. , ... Analyze the Clean Air Inventory to create a GTA-wide best practices guide with a view to having it adopted by as many GT A municipalities as possible by the next summit. With reference to the research and studies conducted by the Federation of Canadian Municipalities and other organizations and the City of Toronto, review the implications of emissions credit systems for local and regional governments. In partnership with the Ontario Medical Association and the Association of Local Public Health Agencies, establish a clearinghouse of public information materials to identify, summarize, review and disseminate recent and emerging research on smog, air quality, climate change and the related health and environmental impacts. In partnership with the Federation of Canadian Municipalities and Association of Municipalities of Ontario, exchange ideas and share success of clean air initiatives with other regions in Ontario and Canada. 1409 Attachment #2 June 20th Roundtable Discussion Agenda DRAFT for discussion 8:00 am Registration and refreshments 9:00 am Introductions and welcome from City of Toronto representative (TBA) 9:05 am Welcome from Jim Schultz, president Enbridge Gas Distribution Inc. 9:10 am Keynote speaker: Ken Maybee, president Canadian Lung Association 9:20 am GT A municipal roundtable discussion: Moderator TBA 1. Joint Declaration: Eva will contact 3-4 selected municipal politicians to arrange for them to prepare to discuss. (e.g. a large city, a smaller city, a region) 2. Topic CateQories: municipalities to present on one topic category based on review of the strongest aspect of their appendix & in alphabetical order within the topic category. CAP will contact each of you to confirm which category we think should be highlighted by which municipality. Categories: Transportation (e.g. Ajax, Newmarket, Toronto) Energy (e.g. Durham, Peel) Business, Industry and Government (e.g. Mississauga, York) Natural and Built Environment etc Education and Outreach etc 11 :20 am Province of Ontario Announcements 11 :35 am Federal Government Announcements 11 :50 am Toronto Atmospheric Fund award to Jack Layton 12:00 am Repair Our Air Fleet Challenge award ceremony 1410 .J J J j J .J j j J j j J j J J J J .J j ... ... Attachment #3 - Municipality of Clarington - Appendix 4.5 ACTIONS TO IMPROVE AIR QUALITY 2003 ... Transportation .. 1. Initiation of Clarington Transit ... Start-up of a transit program in Clarington which links with Oshawa Transit (via GO Transit along Hwy #2). Initially 2 buses and 2 routes were implemented; however ridership and demand warranted a third bus being added to the system. The system included AM and PM School Specials and has eliminated many single purpose trips. t III 2. Alternative Modes of Transportation .. Promote transit, cycling and walking as healthy and environmentally-friendly modes of transportation in the community. ... Energy ... 3. ITER Canadian Host ... Clarington is the selected Canadian site for ITER, a multi-national research and development facility for fusion energy; the next generation of energy production. The Municipality has promoted the technology and site including hosting delegations from the international partners and ensuring that there is continued Provincial and Federal support and funding for this project. , III 4. Municipal Administrative Centre .. The MAC centre recently opened the third addition to our historic town hall. The most recent addition houses the public library and administrative offices. The MAC is a unique blend of a heritage building linked by atrium spaces with a state of the art, energy efficient office complex. ! ... Business, Industry and Government , -- 5. Breathe Easy i.. On Smog Action Days the municipality makes our community centres and recreation facilities available to the elderly, young and people experiencing respiratory problems. ... 6. Environmental Convergence ... Ontario Power Generation (Darlington Nuclear site) host an annual workshop on environmental achievements and initiatives. The purpose of this workshop is to provide a forum for the lakefront neighbours and community partners to come together and exchange information, network and determine common goals to further the development of a wildlife and 1 4 1 1 ... habitat corridor along Lake Ontario. Natural and Built Environment 7. Stewardship Initiatives Through assistance to and guidance of the Valleys 2000 and Samuel Wilmot C.A. groups the municipality is promoting the naturalization and conservation of floodplain areas in the _ municipality. In addition, the municipality has an active and funded acquisition strategy for waterfront lands and other natural heritage areas. In 2003 we intend to develop a new Clarington-wide stewardship strategy. 8. BowmanvillelWestside Marsh Wetland Complex In partnership with St. Mary's Cement and C.L.O.C.A. the Municipality has been able to acquire a significant portion of the Bowmanville/Westside Marsh. To accommodate the St. Mary's quarry operation a diversion scheme for the streams feeding the marsh is being implemented. Education and Outreach 9. Agricultural Advisory Committee The Clarington Agricultural Advisory Committee came forward with a request to sign active farming areas within the community to promote awareness to motorists in rural areas of farming operations. 10. Benchmarking of Municipal Practices Clarington is undertaking an inventory of our existing policies and operations that could reduce air pollution. This benchmarking process will determine where improvements can be made in future years and include an education/awareness program for municipal staff. , 4 \ 2 .J j .J j j j J .J j j J J .J j J j J j .J