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HomeMy WebLinkAbout03/24/2003 Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: MARCH 24, 2003 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of March 3, 2003 301 ` 4a. PRESENTATION (a) Mayor Mutton to present a cheque to Lori Armour, Heart & Stroke Foundation, 209 Dundas Street E., Suite 201, Whitby, L1 N 71-18 on behalf of the staff of the Community Services Department for .. the fundraiser which took place in February. 4b. DELEGATIONS (a) Linda Gasser, 7421 Best Road, Orono, LOB 1 MO - re: Report PSD-033-03 (b) Gerald Hasiuk, Box 730, Colborne, KOK 1 SO — re: His property at Baseline & Hancock Road 5. PUBLIC MEETING (a) Clarington Official Plan and Draft Approved Plan of Subdivision Applicant: 699504 Ontario Ltd. (The Kaitlin Group) REPORT PSD-029-03 501 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 r.r G.P.& A. Agehda - 2 - March 24, 2003 6. PLANNING SERVICES DEPARTMENT •w (a) PSD-029-03 - Application to amend the Clarington Official Plan and Draft Approved Plan of Subdivision .� Applicant: 699504 Ontario Ltd. (The Kaitlin Group) 601 (b) PSD-030-03 - Appeals by Robert and Louise Martin of the Rezoning and Consent Applications for 15 Maple Street, Haydon 630 go (c) PSD-031-03 - Clarington Official Plan Amendment and Zoning By-law Amendment — 95 & 101 Liberty Street North Applicant: 767042 Ontario Limited 636 (d) PSD-032-03 - Application for Removal of Part Lot Control Applicant: The Kaitlin Group on behalf of 1064055 Ontario Ltd. 650 .r (e) PSD-033-03 - Application to amend the Clarington Official Plan, Region of Durham Official Plan and Municipality Of Clarington Comprehensive Zoning By-law Applicant: Fredrick and Sandra Archibald 656 (f) PSD-034-03 - Retention of Consultant to Peer Review The Terms of Reference for the Highway 407 East Completion Environmental Assessment 678 (g) PSD-035-03 - Proposed Amendments to the Durham Region Official Plan — Oak Ridges Moraine Conservation Plan Conformity Amendments 684 (h) PSD-036-03 - "Shape the Future" - Central Ontario Smart Growth got Panel Discussion Paper on Smart Growth (to be distributed under separate cover) .r 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-11-03 - Monthly Report on Building Permit Activity for w February, 2003 701 8. OPERATIONS DEPARTMENT r No Reports G.P.& A. Agenda - 3 - March 24, 2003 low •— 9. EMERGENCY SERVICES DEPARTMENT (a) ESD-003-03 - Monthly Response Report— January, 2003 901 om (b) ESD-004-03 - Monthly Response Report— February, 2003 904 10. COMMUNITY SERVICES DEPARTMENT No Reports 11. CLERK'S DEPARTMENT (a) CLD-12 -03 - Animal Services Monthly Report for the Month of February, 2003 1101 (b) CLD-13-03 - Livestock Damage 1104 12. CORPORATE SERVICES DEPARTMENT (a) COD-007-03 - Lease Agreement— Lions Club, Clarington Beach Centre 1201 (b) COD-008-03 - Oshawa/Clarington Association for Community Living 1204 (c) COD-009-03 - Confidential Report pertaining to a Personnel Matter (to be distributed under separate cover) 13. FINANCE DEPARTMENT (a) FND-007-03 - Mayor & Councillor Remuneration and Expenses for 2002 1301 (b) FND-008-03 - Tax Reductions and Write-Offs for 2002 1310 W 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT (a) - Confidential Verbal Report pertaining to a Personnel .. Matter 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT oft No THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee March 3, 2003 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 3, 2003 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Absent: Councillor J. Rowe (on vacation) ,. Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services T. Cannella (until 10:30 a.m.) Director of Community Services, J. Caruana (until 10:30 a.m.) Director of Corporate Services, M. Marano (until 10:30 a.m.) Director of Emergency Services/Fire Chief, M. Creighton (until 10:30 a.m.) Director of Planning Services, D. Crome (until 10:43 a.m.) �. Director of Operations, F. Horvath (until 10:30 a.m.) Director of Finance/Treasurer, N. Taylor (until 10:30 a.m.) Deputy Clerk, M. Knight Stanley �. Clerk 11, D. MacKay (until 10:30 a.m.) Mayor Mutton chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST `.. There were no disclosures of pecuniary interests stated at this meeting. r. MINUTES Resolution #GPA-117-03 Moved by Councillor Schell, seconded by Councillor Robinson •- THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on February 24, 2003 be approved. r "CARRIED" 301 G.P. & A. Minutes - 2 - March 3, 2003 �+ Fire Chief, Mike Creighton informed Members of the Committee of the chair lift accident at Kirby Ski Hill wherein 2 people were injured and 75 were stranded on the lifts. Fire, Police, Ambulance and staff at Kirby all assisted in the „W rescue. Kirby staff did a remarkable rescue and everything went extremely well. Mayor Mutton presented Marissa Eastabrook and Christina Caverly, Student Pages, with a certificate for participating in the Page Program. ,. PRESENTATION o (a) Tom Cameron, Inspector, 16th Division, Durham Regional Police, Detective Sgt. Paul Hamilton and Constable Greg Knopp - Inspector Cameron introduced Detective Sgt. Paul Hamilton and Constable Greg Knopp and circulated two handouts, one of which was a power point presentation of statistics for 2002 and the other on the Operating Procedure —Village Constables. Inspector Cameron stated Durham Regional Police are Leaders in Community Safety for the year 2002 and highlighted statistics from the following points. .r - Crime Trends - Calls for Service - Motor Vehicle Collisions - Crime Clearance - Staff Development - Future Challenges Inspector Cameron announced that Constable Greg Knopp will be the Newcastle Village Constable. The aim is to provide full-time constables for all areas. The main tasks and activities for these constables are: - Learn the characteristics of the area, residents, businesses - Become acquainted with leaders in the area - Make residents aware of who they are and what they are trying to accomplish in the area - Identify area problems - Communicate with supervisors, other officers and citizens about the nature of the area and its problems 302 qW G.P. & A. Minutes - 3 - March 3, 2003 an PRESENTATION CONT'D. Investigate/conduct research to determine sources of �•. problems Plan ways of dealing with problem Provide citizens with information about ways they can �. solve problems Help citizens develop appropriate expectations about what the police can do and teach them how to interact effectively with police Develop resources for responding to problems Implement problem solving strategies �- - Assess effectiveness of solution; and Keep citizens informed. y- Inspector Cameron answered questions from the Committee. DELEGATION Resolution #GPA-118-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Mr. Dave Rickard be added to the list of Delegations. "CARRIED" Mr. Rickard thanked Mayor Mutton and Members of Council for supporting the Village Constable Program in Newcastle and indicated how very happy he is to have Constable Cameron in our division. Mr. Rickard is attending a meeting this afternoon and will advise the residents of the Newcastle Village Constable Program. Councillor Schell chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT Committee of Resolution #GPA-119-03 Adjustment for the Meeting of Moved by Councillor Pingle, seconded by Councillor Trim February 20, 2003 THAT Report PSD-026-03 be received; and RAN .. 303 an G.P. & A. Minutes - 4 - March 3, 2003 PLANNING SERVICES DEPARTMENT CONT'D. THAT Council concur with the decisions of the Committee of Adjustment made on February 20, 2003 for Application A2003/003 and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. ..r "CARRIED" w Complaint by Resolution #GPA-120-03 Paul Christensen Development Moved by Councillor MacArthur, seconded by Mayor Mutton Charges Act THAT Report PSD-027-03 be received for information. "CARRIED" Confidential Resolution #GPA-121-03 Verbal Report - Property Matter Moved by Councillor MacArthur, seconded by Councillor Robinson THAT a Confidential Verbal Report regarding a Property Matter be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" ,r ENGINEERING SERVICES DEPARTMENT There were no items considered under this section of the agenda. OPERATIONS DEPARTMENT There were no items considered under this section of the agenda. EMERGENCY SERVICES DEPARTMENT There were no items considered under this section of the agenda. COMMUNITY SERVICES DEPARTMENT There were no items considered under this section of the agenda. 3 4 G.P. & A. Minutes - 5 - March 3, 2003 Councillor Pingle chaired this portion of the meeting. CLERK'S DEPARTMENT Mark Stewart Resolution #GPA-122-03 Animal Licencing �- Services Inc. Moved by Councillor Robinson, seconded by Councillor Trim Agreement THAT Report CLD-10-03 be received; THAT Animal Licencing Services Inc., be given the exclusive rights to sell dog and cat licences door to door in the �. Municipality of Clarington for the year 2003 commencing on April 1, 2003 until September 30, 2003 and subject to review by Council at the termination of the agreement; THAT the Agreement be executed by the Mayor and Municipal Clerk and the authorizing By-law be forwarded to Council for approval; and THAT Mark Stewart, Animal Licencing Services Inc., the Animal Advisory Committee and the Animal Alliance of Canada be advised of Council's decision. "CARRIED" Ontarians with Resolution #GPA-123-03 Disabilities Act, 2001 Moved by Councillor MacArthur, seconded by Councillor Schell .� THAT Report CLD-11-03 be received; THAT the Terms of Reference attached to Report CLD-11-03 as Attachment No. 1 be adopted as the Terms of Reference of the Clarington Accessibility Advisory Committee; THAT the Municipal Clerk be authorized to place an advertisement in the local media seeking applications for the Clarington Accessibility Advisory Committee; and THAT Evylin Stroud, Keith Kelly and those individuals who attended the public meeting be advised of Council's decision. "CARRIED" w 305 G.P. & A. Minutes - 6 - March 3, 2003 Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT Public Sector Resolution #GPA-124-03 Salary Disclosure Act Moved by Councillor Schell, seconded by Councillor Robinson THAT Report COD-006-03 be received for information. "CARRIED" FINANCE DEPARTMENT There were no items considered under this section of the agenda. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no items considered under this section of the agenda. •ri UNFINISHED BUSINESS Presentation - Resolution #GPA-125-03 Village Constable Program Moved by Councillor Schell, seconded by Councillor MacArthur THAT Inspector Tom Cameron be thanked for his presentation. "CARRIED" Confidential Resolution #GPA-126-03 Verbal Report— Property Matter Moved by Councillor Robinson, seconded by Councillor Schell THAT the meeting be "closed" to allow for consideration of a Confidential verbal report regarding a Property Matter. "CARRIED" Confidential Resolution #GPA-127-03 'r Verbal Report— Property Matter Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken at the "closed" meeting be ratified. "CARRIED" 306 aw G.P. & A. Minutes - 7 - March 3, 2003 ADJOURNMENT Resolution #GPA-128-03 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the meeting adjourn at 10:55 a.m. "CARRIED" MAYOR 'w DEPUTY CLERK w 307 PUBLIC MEETING REPORT # PSD-029-03 CORPORATION OF THE 699504 ONTARIO LTD. MUNICIPALITY OF CLARINGTON (THE KAITLIN GROUP) NOTICE OF PUBLIC MEETING Leading the Way Development Application by: 699504 Ontario Ltd. (The Kaitlin Group) .. PLANNING FILE NOS.: COPA 2003-001, 18T-96014 AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND DRAFT APPROVED PLAN OF SUBDIVISION 18T-96014 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, as amended and an amendment to Draft Approved Plan of Subdivision 18T—96014 under Section 50 of the Planning Act. DETAILS OF EACH APPLICATION The proposed Official Plan Amendment submitted by 699504 Ontario Limited (The Kaitlin Group) proposed to delete the "Neighbourhood Commercial" symbol and add a "Medium Density" symbol. It would also change the population target in the Westvale Neighbourhood from "1750 to 1800", and the number of medium density housing units from "350" to"400". The Amendment to Draft Plan Approved Subdivision 18T-96014, would replace the "Future Development Block" with 86 single detached dwellings, 32 townhouse units, a condominium block, an elementary school and neighbourhood park. The subject property is located at Part Lot 16, Concession 1 former Township of Darlington. PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday,March 24,2003 TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor,Municipal Administrative Centre, 40 Temperance St., Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, March 31, 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,.March 26, 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 Official Plan Amendment and amendment to the Draft Approved Plan of Subdivision, you must submit a written request to the Clerk's Department, 2"d Floor,40 Temperance Street, Bowmanville, Ontario L1C 3A6. r 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 L1C 3A6, or by calling Cynthia Strike at (905)623-3379 extension 219 or by e-mail at cstrike @municipality.cladngton.on.ca APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Official Plan Amendment or Draft Plan of Subdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make .. written submissions before the proposed Official Plan Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. D ed the Municipality of Clarington this 21" day of February, 2003. a Crome 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 5 L+ Lot 16 Lot 16 ��l e o J�50�• Sti' d5o� OR• o�'�e till ASPS" ASPEN SPRING3 DRIVE ■ w — i- T s +f+ w ��!• o_ a U) �: ! om V) _ r- w ° C W- .r C i °Add "MEDIUM .N d o M DENSITY"Symbol _ ' ° ' V C • t t a■ ■ t �� Y ■ O �C O � sQ V W w � : r ff[f C� _ — t ■ j � • • a Delete 0 T'r "NEIGHBOURHOOD - , COMMERCIAL" = `Ffff-11.1 • ' ' Symboi � •- ' t .is , trt- t •1 i C, t 0 — — ! s t o a t a a r s ■ `■ t• W ■ . �W ■ ■ a ■ • c c : ° a1 BASELINE ROAD I �, COPA 2003-001 r- -NI - Clarington Official Plan Amendment Bowmanville Key Map Amendment to Draft Approved Plan \ 18T-96014 I Oil 19 LL lUl C COPA 2003-001 MEADM Wn°°' Clarington Official Plan Cm a° Amendment C^ Amendment to Draft Approved Plan Subject PEgF"D Site o 18T-96014' Owner: 699504 Ontario Ltd. 5 a RW ( (The Kaitlin Group Ltd.) 502 an larin n _, Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE "` Date: Monday, March 24, 2003 Report #: PSD-029-03 File #: COPA 2003/001; 18T-96014 By-law #: Subject: CLARINGTON OFFICIAL PLAN AMENDMENT AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T 96014 APPLICANT: 699504 ONTARIO LIMITED (THE KAITLIN GROUP) PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON ., RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee .. recommend to Council the following: 1 . THAT Report PSD-029-03 be received; 2. THAT the applications to amend the Clarington Official Plan and Draft Approved Plan of Subdivision 18T-96014 submitted by Mr. Kelvin Whalen on behalf of 699504 Ontario -r Limited 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 delegation be advised of Council's decision. i Submitted by. f �� C Reviewed by. Davi . Crome, MCIP, R.P.P. ra klin Wu, Director of Planning Services Chief Administrative Officer CS*LT*DC*df ` March 18, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 b i REPORT NO.: PSD-029-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 699504 Ontario Limited (The Kaitlin Group) 1.2 Agent: Kelvin Whalen 1.3 Official Plan Amendment: To delete the Neighbourhood Commercial symbol from the east side of Green Road to permit the development of 7 single family dwellings. To add a Medium Density symbol to permit the development of 32 townhouses. To amend Table 9-2, by increasing the housing targets for the Westvale Neighbourhood from "1750 to "1800", the Medium Density units from "350" to "400" and to change all other corresponding totals. To amend Map E2 by increasing the population target for the Westvale Neighbourhood from 4700 to 4800.(see Attachment 2) 1.4 Amendment to Draft Approval Plan of Subdivision: Replace the "Future Development Block" in Draft Approved Plan 18T-96014 with 86 single detached dwellings, 32 townhouse units, a medium density ad condominium block, a separate elementary school block and a neighbourhood park. (see Attachment 3) 1.5 Site Area: 13.69 hectares (33.8 acres) 2.0 LOCATION .r 2.1 The lands subject to the amendments are located west of West Side Drive, south of the St. Lawrence and Hudson Railway, and east of Green Road, being Part Lot 16, ..r Concession 1 in the former Township of Darlington. (see Attachment 1) 3.0 BACKGROUND 3.1 On January 21, 2003 Staff received applications to amend the Clarington Official Plan and Draft Approved Plan of Subdivision 18T-96014. The Official Plan amendment rrr 6 J2 so REPORT NO.: PSD-029-03 PAGE 3 .w requests the removal of the Neighbourhood Commercial symbol in favour of low density ,. residential housing, and the addition of a Medium Density symbol to permit the development of townhouse units. The amendment also necessitates changes to �. population and housing targets for the Westvale Neighbourhood. 3.2 Draft Plan of Subdivision 18T-96014 (Bayly Holdings Ltd.) was approved for partial draft approval by Clarington Council in September 1998. The original plan covered 18.73 hectares and proposed 335 housing units, neighbourhood park, separate elementary school block and neighbourhood commercial block. The southerly 5.043 hectares was draft approved for residential development but the northerly 13.69 ha was considered premature and approved only as Future Development Block (see Attachment 3D). The .. Development Charges By-law at the time did not include the construction of the neighbourhood park, construction of Green Road, reconstruction of Baseline Road and the installation of lighting and sidewalks on Baseline and Green Roads. 3.3 The entire lands covered by proposed plan of subdivision 18T-96014 were purchased by 699504 Ontario Limited (The Kaitlin Group) in November 2002. The "Future Development Block" is the subject of the amendment to the Draft Approved Plan 18T- 96014. 3.4 Supporting Documentation 3.4.1 The applicant submitted a letter prepared by D.G. Biddle and Associates Limited to confirm that the proposed amendment is in conformity with Provincial Policy Statement. The letter states that the proposal provides a mix of housing units, which conform with both the Regional and Local Official Plan, and the Provincial Policy Statement. In addition, the letter also suggests that the deletion of the Neighbourhood Commercial symbol is warranted due to the close proximity of stores and services at that West Main Central Area and the future Local Central Area at Hartwell Drive and Regional Road 57. 603 to REPORT NO.: PSD-029-03 PAGE 4 as 3.4.2 A Street Parking Layout Plan was submitted. The applicant has demonstrated that 102 on-street parking spaces can be accommodated. The Municipality criteria requires 33 Wi spaces to be provided based on the following ratio: at • one (1) parking space for every three (3) on-street townhouse units; and • one (1) parking space for every single/semi-detached/link units. ++ 3.4.3 A Traffic Impact Study prepared by Sernas Transtech was submitted to assess the traffic from the proposed elementary school and 21 single family dwellings on Street "A". The total site traffic generated by the proposed elementary school and residential *` development combined is summarized below: • A.M. peak period — 341 total two-way trips (189 inbound — 152 outbound) • P.M. peak period — 226 total two-way trips (93 inbound — 133 outbound) The study has been forwarded to Engineering Services for comment. 3.4.4 The previous owners, Bayly Holdings Ltd. submitted technical documentations to justify the development of the entire site. The document includes: • Preliminary Servicing and Storm water Management Report; • Environmental Noise Study; • Phasing Plan; NO • Transportation Study; • Street Parking Layout Plan; and • Site Screening Questionnaire. WO The reports concluded that the subject site was appropriate for urban residential type development. Additional reports or revisions to the reports may be required once all of the circulated departments or agencies have an opportunity to review the applications. 6 J 4 W REPORT NO.: PSD-029-03 PAGE 5 am 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES ow 4.1 The subject lands are currently vacant. A drumlin (a hill comprised of glacial deposits) provides for steep grades in the south-west quadrant of the site. 4.2 Surrounding Uses: North: St. Lawrence and Hudson Railway South: vacant, approved for residential development, Draft Approved Plan "' 18T-96014 East : residential within Aspen Springs subdivision so West: vacant, subject to proposed Plan of Subdivision 18T-90051 4.0 OFFICIAL PLAN POLICIES 5.1 Durham Region Official Plan 5.1.1 The lands are designated as Living Area within the Durham Regional Official Plan. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. Convenience stores, public and recreational uses are also permitted within this designation. The proposed uses appear to conform to the Plan. The subject property is bounded by the future extension of Green Road, which is designated as a "B" Arterial. 5.2 Clarington Official Plan 5.2.1 In the Clarington Official Plan, the subject lands are designated as Urban Residential, in the Bowmanville Urban Area. The lands are within the Westvale ,,. Neighbourhood and show one Medium Density Symbol, north of Aspen Springs Drive a Neighbourhood Commercial symbol, Neighbourhood Park Symbol and .. Separate elementary school symbol. •. 5.2.2 Medium Density residential uses shall be developed at 31-60 net residential hectare. The predominant housing form shall be townhouses, too triplex/quadraplex, and low-rise apartments to a maximum of four storeys. The 605 REPORT NO.: PSD-029-03 PAGE 6 applicant is requesting an additional Medium Density symbol to permit the development of 32 townhouses. The proposed amendment would require changes to Table 9-2 of the Official Plan, which identifies the Neighbourhood Planning Units by name, and housing unit target. The housing targets for the Westvale Neighbourhood Planning would change from "1750" to "1800" and from "350" to "400" Medium Density units. All other corresponding totals would also be amended (see Attachment 1). 5.2.3 The population allocation for Westvale Neighbourhood is currently 4700. The proposed amendment increases the population allocation from 4700 to 4800 persons. 5.2.4 Neighbourhood Commercial uses are intended to provide items or services of daily necessity for the residents of the surrounding neighbourhoods. A variety .r of building forms may be built including small plazas, free standing stores and offices and street related mixed use buildings. The maximum gross leasable .r+ floor space shall not exceed 1000 square metres. The applicant is requesting the deletion of the Neighbourhood Commercial symbol to permit the development of seven (7) single family dwellings. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned "Agricultural (A)" Zone. A zoning by-law amendment will be required in order for development to proceed. To date, the applicant has not filed an application. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. " Public Meeting signs were installed at three locations where the site has road frontage, being Higgon Street, Remmington Street and Aspen Springs Drive. 7.2 A petition with the signatures of 24 West Side Drive residents was received. The petition indicates that the buyers had spoken with the sales people from the Kaitlin Group as .w 61J 'J REPORT NO.: PSD-029-03 PAGE 7 well as staff from the Municipality's Planning Services Department prior to their ,. purchase. They were shown draft plans, which indicated that a school and park would be developed in their rear yards. Residents had installed fences with gates in ,. anticipation of easy access to the school and park. The petition also noted that residents did not anticipate a transit route on West Side Drive, but felt compensated .. because they would be overlooking a school and park. jW The residents also note concerns with a drainage ditch abutting the rear yards of their homes. The ditch holds deep stagnant water and is threat to children and may be a .,. breeding ground for West Nile Virus infected mosquitoes. _. Finally, the petitioners indicated that the builder should be accountable for what they sell. They bought in good faith and the builder should show the families the same good faith. They are not opposed to development in general, only the development of homes behind their existing homes. (See Attachment 4). 8.0 AGENCY COMMENTS 8.1 Comments are outstanding from the following departments and agencies: ➢ Central Lake Ontario Conservation Authority ➢ Separate School Board ➢ Region of Durham Planning Department ➢ Region of Durham Works ➢ Canada Post Corporation "` ➢ Bell Canada ➢ St. Lawrence and Hudson Rail 8.2 The Clarington Emergency and Fire Services noted that Street "D" (extension of Remmington), between Street "E" and Green Road exceeds 90 metres in length and therefore turnaround facilities are required for fire fighting equipment until Green Road is built. 607 REPORT NO.: PSD-029-03 PAGE 8 8.3 The Engineering Services Department provided comments on the proposed amendments. The comments are summarized below: „r ➢ Road widenings will be required to accommodate the future grade separation on Green Road at the St. Lawrence and Hudson Railway as well as for Green Road, and must be shown on the proposed draft plan: ➢ Utilities such as hydro, telephone and cable television within the streets of this development must be installed underground; ➢ Lot 52 must develop as a single lot for only one detached dwelling; ➢ Development may not proceed until such time as the Municipality approves the expenditures for the construction of Green Road as well as other external works or services which have been included in the Municipality's Development Charge By-law and have been deemed necessary by the Director of Engineering Services. The number of building permits available at any one time will be at the discretion of the Director of Engineering Services; ➢ The future phasing of the draft plan will be restricted by the number of external accesses which are available. Full development will require access onto Green Road. The railway underpass may not be required in advance of development however it will be necessary for the applicant to provide a Traffic Impact Study. The study must demonstrate that full development can occur in advance of the construction of the grade separation without impacting the existing road network; a ➢ The applicant will responsible for the installation of pedestrian sidewalks and illumination; ➢ Storm drainage works and facilities necessary for this development must be constructed in accordance with West Side Creek Master Drainage Study; ➢ A Preliminary Grading and Drainage Plan is required that details on-site storm sewer system (minor system) and overland flow(major system). The Plan must „ show storm water drainage scheme prior to the construction of Green Road as well as after Green Road is fully constructed and urbanized; ➢ Applicant must enter into a Development Agreement which includes all requirements of the Engineering Services Department; ➢ The Engineering Services —Parks Development Branch is requesting that the 1.3 hectare park be expanded. The applicant will be required to prepare a Park Concept Plan which demonstrates that the park is adequately sized and that the +w configuration of the block is suitable for a Neighbourhood Park; and 60 a. REPORT NO.: PSD-029-03 PAGE 9 ➢ All works and services must be designed and constructed in accordance with Municipality's Design Criteria and Standard Drawings. 8.4 Enbridge Gas has no objection to the development. The owner is required to co- ordinate the preparation of an overall utility distribution plan to the satisfaction of the affected agencies. a. 8.5 Rogers Cable offered no objection to the proposed development. 8.6 The Kawartha Pine Ridge District School Board advised that the application would yield approximately 43 students to Dr. Ross Tilley School which is at overcapacity. The Board will require sidewalks on all interior roads. The Board also needs to be ensured that there is safe, unfettered access to Dr. Ross Tilley Public School from the existing and new homes during construction. 9.0 STAFF COMMENTS 9.1 Partial Draft Approval for the southerly portion 18T-96014 was granted in February 1999. The subject site was considered premature for development under the previous Development Changes By-law and hence draft approved as a "Future Development Block". The revised proposal includes 86 single detached dwellings, two Medium Density blocks, one existing block for condominiums located north of Aspen Springs Drive and a new medium density block proposed for 32 townhouses. The proposal also includes a separate elementary school site and neighbourhood park. In order to the facilitate the proposed development, amendments to the Clarington Official Plan and Draft Approved Plan 18T-96014 are required. 9.2 Neighbourhood Park and School .. 9.2.1 The Clarington Official Plan identifies a Neighbourhood Park symbol and Separate Elementary School symbol adjacent to one another and are shown on .• the west side of West Side Drive. The actual location and type of school may vary with the consent of both school boards without an amendment to the plan. 6 Ur' 9 MW REPORT NO.: PSD-029-03 PAGE 10 The actual location of this school site and neighbourhood park has changed over time. A brief history is provided below. 9.2.2 In 1988, Kaitlin submitted a draft plan of subdivision for adjacent land to the east �+ which was granted Draft Approval in February 1991. The plan showed 19 single family dwellings fronting onto West Side Drive. As a condition of Draft Approval, these lots were reserved for a period of seven years to allow the Separate School Board the option to acquire the site. The Separate School Board waived their option to acquire the site and in 1998 Kaitlin registered Plan of 40M-1944 and proceeded with the development of the homes. 9.2.3 In earlier submissions of the proposed Plans of Subdivision for 18T-96014, it was assumed that the school and park blocks would have frontage on West Side Drive. The various plans show the following: November 1996 - School block and park block extending from Westside Drive to Green Road (Attachment 5a). January 1997 - School block fronting on West Side Drive with a neighbourhood park to the south extending to Green Road (Attachment 5b). November 1998 - School block fronting on West Side Drive with a neighbourhood park to the south between Westside Drive and a new Street 'A' (Attachment 5c). February 1999 - The entire area shown as a Future Development Block when 18T-86014 was draft approved .r (Attachment 5d). January 2003 - The current proposal shows the Separate Elementary School and Neighbourhood Park shifting to the west and proposing a new Street "A" and single family detached dwellings backing on the existing homes on West Side Drive. ,w 6 . 0 REPORT NO.: PSD-029-03 PAGE 11 9.2.4 A north-south road is required between West Side Drive and Green Road to handle overland flow during a major storm event. On Attachment 5c, a road is shown with reverse lots backing on to Green Road and a new road between the �., school/park and said lot. This version of the plan was shown to potential purchasers by sales agents for the Kaitlin Group. It was also the version that Staff had available at the time to show residents inquiring about future development activity. It was only a proposal, not approved and was subject to .. change. 9.2.5 Although the Separate School Board has not formally provided comments on the proposed Official Plan Amendment or the amendment to the Draft Approved •.• Plan, Staff understand that they intend to begin construction of the school this fall. 9.2.6 The Kaitlin Group also wishes to proceed with the development of a subdivision on the west side of Green Road (18T-90051), south of the St. Lawrence and Hudson Railway. The draft plan shows a Neighbourhood Park Symbol and a .. Public Elementary School Symbol in the northeast quadrant of the site. The Planning Services and Engineering Services Departments have been discussing .. the size and location of the park and school blocks in 18T-90051. Staff will be meeting with the representative of the Public School Board and Kaitlin Group to discuss opportunities for a larger park in 18T-96014. 9.3 Neighbourhood Commercial Symbol 9.3.1 The applicant is requesting the deletion of the Neighbourhood Commercial symbol to develop 7 single detached dwellings. The applicant argues that the removal of the designation is justified given the close proximity of the site to the West Main Central Area (Clarington Centre) and the Local Central Area at Regional Road 57 and Hartwell Avenue. The applicant is of the opinion that there is insufficient market for a neighbourhood commercial development at the subject site. 6 � i w REPORT NO.: PSD-029-03 PAGE 12 .r 9.3.2 Neighbourhood Commercial Areas are meant to provide items and services of daily necessity for the residents in the surrounding neighbourhoods. They should be convenient and within walking/cycling distance. It provides a different level of retail service than a Main Central Area or Local Central Area. The West Main Central Area and Local Central Area at Hartwell Avenue and Regional Road 57 are not in close proximity for the residents in West Side Drive area or the future development to the west. As such, Staff are requesting the applicant submit written justification from a qualified retail market professional to prove that the removal of the Neighbourhood Commercial Symbol. 9.4 As noted in Section 3.2, only the southerly portion of 18T 96014 was Draft Approved, and the balance of the site was deemed premature and approved as a "Future Development Block". The Development Charges By-law at that time did not include the construction of Green Road, improvements to Baseline Road and the Neighbourhood Park. Since then, the construction of Green Road and improvements to Baseline Road have been identified in the Development Charges forecast for 2007. The actual construction and improvement of the roads, and park may be delayed or accelerated depending on the developer's timing and the ability of the Municipality to fund projects from Development Charge revenues. Municipal conditions identified by Engineering Services Department would be the basis for timing of the release of lots for development. 10.0 CONCLUSIONS 10.1 The purpose of this report is to satisfy the requirements under the Public Meeting under the Planning Act, and taking into consideration the outstanding comments, staff w respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. 6 i2 REPORT NO.: PSD-029-03 PAGE 13 Attachments: Attachment 1 - Location Map Attachment 2 - Official Plan Amendment Attachment 3 - Proposed Amendment to Draft Approved Plan 18T-96014 .. Attachment 4 - Petition Attachment 5a, b, c, d - Various plans showing the locations of the elementary school and neighbourhood park blocks in 18T-90614 List of interested parties to be advised of Council's decision: •. Sharon Robb Kyle Simpson 7 Remmington Street 126 West Side Drive Bowmanville, ON L1 C 4Z9 Bowmanville, ON L1 C 5A2 Bob Hellam Brian Neilsen Lead Petitioner 94 West Side Drive 124 West Side Drive - Bowmanville, ON 1 C 4Y9 Bowmanville,ON L1 C 5A2 Dale Stewart �- Chair of Aspen Springs Community Association 92 West Side Drive Bowmanville, ON L1 C 4Y9 ►��� _, iirillll 1111 ►�I�, � ♦ � �1�� � � '�� iii ■■ ■■■1 ���� I I� i ��� X1111 ■■ ����`` �� •• IIIIIIIIIIIIIIII ■ ■■, ■� - �� - - j \IIIIIIIII 111111►��`. 11 � 111111111\Q � ��\111111 ■ - 111►��� �1111111VIII\ _I�11� � � OR •: ,��i, � ;111111111111 Illllllllllllll/�i 11� •,,,,��,,.. ■ 11111111111■: _IIIIIillllll t►I ♦ . 11111111/�. -♦���� ■ w ATTACHMENT 2 AMENDMENT NO. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Clarington Official Plan is to: i) Remove a neighbourhood commercial symbol in the �. Bowmanville Urban Area to permit low density residential development in its place; and, ii) Add a medium density residential symbol to permit medium density residential development. LOCATION: The subject site is located within draft approved plan of subdivision 18T-96014, north of Baseline Road and west of Green Road, Bowmanville and is contained within Lot 16, Concession 1, in the Former Town of Bowmanville. BASIS: This amendment is based on the resolution of the General Purpose ... and Administration Committee on with respect to Official Plan Amendment Application •• ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows: i) By amending Map A3, as indicated on Exhibit "1" attached to this amendment. ii) By amending Table 9-2 by: a) By adjusting the housing targets for the Westvale Neighbourhood (N13) as follows: OW Medium Density from "350" to "400" Total from "1750" to "1800" „w b) By adjusting the totals for Bowmanville area as follows: Medium Density from "3150" to "3200" Total From "22375" to 22425" 615 e>r 2 So the appropriate lines of Table 9-2 read as follows: Table 9-2 Housing Targets by Neighbourhood ' Urban Area Housing Units Neighbourhoods Intensification Total Residential Areas Central Areas .� Bowmanville Low Medium High ME25 m High N13 Westvale 1025 400 275 0 75 1800 TOTAL 13200 3200 875 1225 1875 1800 22425 By adjusting the population target for the Westvale neighbourhood (N13) On Map E2 - Neighbourhood Planning Units: Bowmanville Urban Area from 4700 to 4800, as shown on Exhibit 2. IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding implementation of the Plan shall apply to this Amendment. .r INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. «r rr _ 61 �r EXHIBIT "1" AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN r` MAP A3, LAND USE, BOWMANVILLE URBAN AREA 1 H ,,. o m u 1 �w lie M n M H • t' "k SPECIAL POLICY a AREA E - iil�, •r5 O i � 'vt e 1 ADD "MEDIUM DENSITY" SYMBOL . 7 i.. DELETE "NEIGHBOURHOOD COMMERCIAL" SYMBOL Tf>, y.�SY}� '�j"��^• r°�:'`=tip+'-�o:t. �''�-r'::«'.�;..�' t�,�Y:�'',t'��;,F'v;r��•4• rs' ,� ��at`5 :.Y..r•,; � �1 I:a7 '.,. 1aw;l'•L.CL � ..w,. 3:ji:is :j1��r^,'�H [:i:.,?'�:i"t••'•� .:-:��i:ti•'y:�'r�t:�.i.,(,.,,yEl:--' -�I YaA.•.i,.4. Jt'. ,Li;'•iw•.L. {Y'tY iii K. ti^��s-?%y `•F .i` j vt ■rC`n> ;:';. ' :.'.ilAREACiti;z';t:•..,t:.i :{-{:a� �7�'r. PRESTIGE 1a ,{;;`; :: •,:f`.__i:�.w:.!'s,. .�{.i.l.f} l,ii�'r�ic�; r = EMPLOYMENT At LIGHT s h INDUSTRIAL ARE �i �)..:._ -':.; ^,Y i .!, r•; �� �� URBAN BOUNDARY �:iy y,.•?..art.;(.F' ,..,,��.. - '�.•"-'ai �:����.;r07{" �,•. ir^`�t. <•: -'r::�, • �. .tt�,..r..>.:j• ';y•w�a�.ti , ® FUTURE GENERAL i• �' '��: ';Y;!``^ URBAN RESIDENTIAL INDUSTRIAL ARE �a +i t'---------- URBAN RESIDENTIAL UTILITY M MEDIUM DENSITY ENVIRONMENTAL RESIDENTIAL PROTECTION AR L4KE ONTAR/O HIGH DENSITY GREEN SPACE RESIDENTIAL MAP A3 MAIN CENTRAL AREA ® WATERFRONT GI LAND USE LOCAL CENTRAL AREA COMMUNITY PAF Tara BOWMANVILLE URBAN AREA NEIGHBOURHOOD COMMERCIAL • DISTRICT PARK J .. 61 l Ir EXHIBIT "2" AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP E2, NEIGHBOURHOOD PLANNING UNITS, BOWMANVILLE URBAN AREA 1 I 10 1 NO G I (3 50) a 200 .a0 4W em T 200 1 CONCESSIOH A0�0 1 9 8 ` W 1 � KNO ) N F(ETIWIOC � I � � 7 1 11 00 6 40 ) APPLE 70 0 ) I 1 �3 1 CONCESSION sTAEEE CENTRAL 1 2 KING S,. (2000) 5 m I MAIN 12 1 CENTRAL AM V1NC 44W Elf i DAFAMCMINI (3350) ARfik 1 GRMN 14 (z3oo) I wAVFRI.If 1 ' 1 (4200) I I (48 Al)E U ORIAL 1 3 I u BASEUK AOAO 1 hl('7'M'AY l CHANGE POPULATION •ol 1 FROM "4700" TO "4800" u: I a. EI 1 15 ml OW DAWN 1 ufi (3200) 1 lMAP E2 1 NEIGHBOURHOOD PLANNING UNITS LAXE ONMR10 BOWMANVILLE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON --�� VAEW+ BOUNOrJn OECEMBEl1 A. 2000 REFL TO SECTIONS 5 ENO 9 NOG.GOURH000 000NOMY (1000) POoWAT10N t 618 III Lot 16 0 S'�• Jagon pR. �Q AsPEN w Qf 0 w U) �- � M 0 � w o 0 3:N Add "MEDIUM N w. v Q M DENSITY" Symbol O O Qf .. V z w w Cy- Delete "NEIGHBOURHOOD COMMERCIAL" Symbol M M _ BASELINE ROAD Clarington Official Plan Amendment COPA 2003-001 �. - 619 Attachment 3 .r 01 *4 r 60 9_ *4 0 a �Jayo� ce BLOCK 93 CONDOMINIUM DEVELOPMENT e 60 Units/Ha. e ASPEN SPRINGS DRIVE G 4 - BLOCK 94 SEPERATE ELEMENTARY E ; SCHOOL - W W Y K c - a - a L a $ BLOCK 95 = 3 NEIGHBOUHOOD G r - RONNYCASTLE i . PARK - G € npa zlaxrsaxy �r: ae: � � Y s • — cn a g BROUIE CIRRI g !� n URI 3 t 9 # No A yr - - � a azasassz = aa ad y x ,�a 11 if x 9 Y 9!a z ^Aa S L S - S Y YAK G �G •aR �f � _ r �m Proposed Amendment to Draft Approved Plan 18T-96014 620 ATTACHMENT 4 March 8, 2003. To: Corporation of the Municipality of Clarington �- Re: Planning File Nos COPA 2003-001 18T-96014 dated February 21 2003 .. We, the undersigned, wish to express our concern and strong objection with respect to the draft plan, which proposes building of homes directly behind our homes. Our homes are located on the west side of West Side Drive between Higgon Street and Aspen Springs Drive. When purchasing these homes over 4 years ago, we were told that the plan was for our lots to directly back onto a school/park setting for the entire block being referenced. We were told that the school would be fronted by the eventual extension of Green Road. We were further told that with the school/park being built directly behind us,there would then be a newly constructed road and then homes on the other side of that road. Thus, our lots were presented to us by The Kaitlin Group as "Premium Lots". We viewed draft plans from both the builder and the Town planning department, clearly showing our lots backing onto an Elementary school and neighbourhood park. This factor was a major feature and greatly influenced our decision to purchase our homes in this area. We do not want to see this feature taken away. We were also given the information that the land between Aspen Springs Drive and the CPR railroad, as well as the then vacant parcel of land on Aspen Springs Drive would be developed with low-rise condominiums and townhouses. We felt that this may cause a concern with overpopulation in the area. West Side Drive is a main artery in the subdivision and carries a high volume of traffic. A new municipal bus route has been implemented, which we also did not anticipate when we chose to move here. Even with these concerns, we felt compensated with the knowledge that we could go into our backyards and overlook a school/park setting, which would greatly increase our feelings �. of tranquility and spaciousness. Several homeowners had previously signed agreements for other lots. When The Kaitlin Group was unable to build on those lots(i.e. Bonathon Crescent),these homeowners changed to the lots they have now and were in fact,pleased with the change, due to the promised location of the school/park setting. In a conversation with Kelvin Whalen of The Kaitlin Group,regarding their proposal to .. change the original plans, Mr. Whalen indicated that many residents do not want to back onto a school/park setting. We do not support his statement,as out of the 20 lots in question, we have 20 homeowners who do in fact,want to back onto the school/park .. setting. Since we believe that backing onto a school/park setting was such an important feature in our decision to purchase our homes,we think that potential future resale buyers will as well see this as a tremendous selling feature. By deviating from the original plan 62 . Mr of development, we feel we will see a substantial decrease in our property values, as our homes would no longer offer something extra over other subdivision homes. Therefore, 100% of the homeowners want to stick with the original plan. Most of the homeowners have now put up fences. For those who put up fences along the back of the property, almost all have also put in gates with the anticipation of easy access to a park or schoolyard for our children to play in. Also, these gates allow us to visit our neighbours more freely. We have developed close friendships in our neighbourhood and we were excited about the promise and possibilities that backing directly onto a school/park setting would present for us. r The homes between 120 West Side Drive, right along to the north at Aspen Springs Drive, back onto a substantial increased elevation in land, with elevation increasing dramatically to the north ---4 - 12 feet higher than our neighbours to the south. We are .r concerned that if homes are allowed to be built directly behind us at this increased elevation, that we will experience loss of enjoyment of our homes due to lack of privacy and sight lines being made worse with the new homes being much taller than our homes. Of course,this would also further negatively impact our potential resale property values. This increased elevation has also presented ongoing water drainage issues. Water drainage has been a huge concern for those homeowners from 120 West Side Drive, right along to the north at Aspen Springs Drive. A drainage ditch was dug along this area, but only serves to further compound the problem, as water remains pooled for long periods of time. Concern about the West Nile virus, and just the fact that our children are exposed to stagnant and/or deep water prevails. Although property lines must match existing ,. grades at the back of the respective properties, this increased elevation would provide for slopes on the new lots, which would continue to aggravate the existing water drainage problems. These new homes would interfere with the natural flow of water in this area much more so than an open school/park setting would. Any potential landscaping on these new lots would have to be continually scrutinized to ensure that it does not further intensify this ongoing problem. Thus, we are concerned that if houses are allowed to be .. built directly behind us in this area,that water drainage problems will further increase. We believe that builders must be held accountable for what they sell to families. When -+ families are sold on the concept of backing onto a school/park setting,the builder should not be allowed to come back in a year or two and then change the plans. We bought our homes in good faith from the builder---the builder should also show the families the .. same good faith. We are not opposed to The Kaitlin Group's plan to build homes behind us, that is, with the school/park setting being a buffer zone between our lots and the new lots. What we ARE opposed to is The Kaitlin Group's plan to build homes DIRECTLY behind us, that is, backing directly onto our lots. This totally contradicts all information we were presented with, and considered, at the time of our purchase. We have attached our names and addresses on the following pages. West Side Drive homeowners opposed to Planning File Nos. COPA 2003-001, 18T-96014 dated February 21, 20030 NAME FULL ADDRESS SIGNATURE T,, ��C'. " � J L NAME �Jkoi �T Ark%Ic.� 7oNa Teeje! Pe g ' ?1tZ BI LO%AIr w6v�� S ✓f"�►�N ��1 L 57� Maraa+`c� I-lessor, rn N West Side Drive homeowners opposed to Planning File Nos COPA 2003-001 18T-96014 dated February 21 2003. FULL ADDRESS IZO UUes7 b(- uc 5-)�2 120 CJeS-t �- 2 A-1 kNf ST SIDE t4- Ll C �kl/ SIGNATURE r ' i 12Z (�, e.6-i Sidc b Llc, 5A2 r s . i xt-1 W 6-T 510*- Of- LI C S;^ 2 ;XE ),Apt gi I D& cK. L c 5'q a I \kJlf stdb b(- uc 5-)�2 ►z� ��� ��d� �- ucs�2 1M Wes( Sfcle or fn • q-tQ1 I I. I i i I I i ! L I i a t yAME Do u& Foepma n I -Ab n� F—OuI Ce Zo QA&, kuo U C- k.oRl 6oLDUc N West Side Drive homeowners opposed to Planning File Nos. COPA 2003-001, 18T-96014 dated February 21. 2003. FULL ADDRESS SIGNATURE zu Ce /44 - - I 6 V� S t3 �laz 13 131-1 �e� Ur l � WFST SioE l�� 138 i,JEST SIE)JE Prz SIGNATURE zu Ce /44 - - I WKM�Qlm...A' . _ I mg ' I I I yAME lee, A — E QA /IAt c Mena v o� West Side Drive homeowners opposed to Planning File Nos COPA 2003-001 18T-96014 dated February 21 2003. FULL ADDRESS SIGNATURE Nz- j4Z I l kL t 1., t t I I !. t_ t Attachment 5a or 7 It t.. - M P% Q D c rr4M ros `._f • c a i ;www ww w ww w www in �� n rM to Vow Draft Plan of Subdivision 18T-96014 November 1996 ,. - 627 Attachment 5b ,10 s 45.0 0�11� o o q.? W i 0'0'� m m J0 1 n1 Z LA 2 p �u 33.9 O < P u G ( 9.4 0 y r m 33.0 B.6 p m 8.6 1 LA p N N O f'04 8.6 N 9.5 u 33.0 S 30 p OJ O u 29.J u A w Q(.I 33.0 31.1 _ -i �++ o c 01 C-) Am 2 C' A O c 3J.0 75A m 1 NO"' N =A O< 2J.0 �� ZS J 8.2 7.5 J.5 7.5 25 28.0 m ° S TREE T "B" 9 O !u n J333N 2V N N W..30 0.0 0 , � 1 J3N N JJ_V....O 0 N 12_O.3 t b 12_{.J3 i 12.3 12W_.3 12.3 c 12.3�1r 2.3 1I{F I 2 t�D.J 12.3 G 00 u 33.0 33.0 33.0 I. 0 33.0 33.0 5 . Y II I O G \ •O I = N (A 3.0 W -jo I r1i mo .0 BLOCK 147 h O W 3J.0 M '!*p 3 N ELEMENTARY F O A 33'0 SCHOOL I m o N O \ N E r BLOCK 148 D o NEIGHBOURHOOD r'. PARK Z C3 LIM 01 1'p 0 A N 3 �Qla- " - U p o$_ . . . . . 1 o r D f'L6l v d f'Zl f'Zl t'ZL 'c^f N Zl ot'W ll fP ZL �of.Ll 4 oY .Z It � 3 12.4 a 12.3 72.3 12 123 12.3 12.3 12.3 12.3 12.5 12.3 12. 12N J 1203 o l J 1 n STREET I Z 0 5 ..t Omw 0'Ol 9'LI 9'ZI 9'Zl 9Zl 9'Zl 971 9'Ll 9'Zl 921 9'Zl 9'Zl 9'Zl L'Ll p �3 CO o x u u �m W N m u O N t0 00 U V T N Np W N ('N uO u� u� N4,u O O• { 1-t m V O < m 23.9 25.9 !4 Z N rn N 0) !}p Draft Plan of Subdivision 18T-96014 January 1997 w. Attachment 5c U C3 n y I ; - , R� w m I / m ?'.0 1 k •- w I a z a 33.9 y 9.4 u 33.0 1 r i 9.5 -4 J 33.0 O I JO S 29.3 u c o m 0 I 31.1 1 P. - :� cc:> No W I 33,0 m I= 2c fJi O o J 33.0 \\ 03 //��0. I w b. \ �/ �m m N . 30.2x4 + ° 4 I i 2J.0 �nl u 25 8.2 7.5 7.5 7.5 25 u1 < S \�► < s STREET "B" P S 5 \ � 23.0 �u � ur 2e.0 11o.8 11w I a o 00 N f 33.0 33.0 ` ° 33.0 ^� I I 310 ° 33 � .0 d. ° 33° BLOCK 158 r N 2 II III cl r 33.0 m \ � I o l 33.0 ° ° 33.0 ° ELEMENTARY I w I , � a SCHOOL �- : _ i�' I U I °° 3.° L, I, T� _ AREA = 1.562 ha. yl 1p m0 0 3 I 33.0 ° � 3J.0 � A m o y o 01 N N rn 33.0 33.0 < I \ N D �rn7 T � rn 33.0 \ w '.I 1 ' 1 >< I = D Nr IP. r- ml I ° LO K 59 to D o QI I 33.0 o N • w p Z N a PA M 0 r O N I 33.0 E = 1.2 a. 3 I I Q rn o SO i i 310 143.8 0'SI It f'ZI f'Zl f'Zl C'ZI f'ZI f'ZI f'ZI f'Zl Y'Zl < ., I ^' M 00 O m 33.0 u ,�" N �! `,G I"• Y. .Y+ ,Y. Y+ I". Y. }i z of V ° Z b °O - °N oW °♦ O I O ° 10.0 1 0 12.3 12.3 12.3 12.3 12.3 12.3 12.3 12.3 12.3 33.0 5 1 S TR T " Z o z 5 co L t 9 I I V 14 o0 LA ail w m NN w. + u wN Nu ° N � N LO W o w I w � I N v 40 ... to 00 23.9 25.9 Z u, ' u ° N Draft Plan of Subdivision 18T-96014 November 1998 62y Attachment 5d �Jayor \� pRNE ord en�e �Q / P ..r BLOCK FOR m FUTURE DEVELOPMENT o m y v' m m a s r S C �p C r O m P .L 0 L� m D BASELINE ROAD —' Plan of Subdivision 18T-96014 As Draft Approved February 1999 6 29(A) md lCarinaton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 24, 2003 Report#: PSD-030-03 File #: ZBA 2000-004; By-law #: LD 2002/050 Subject: APPEALS BY ROBERT AND LOUISE MARTIN OF THE REZONING AND CONSENT APPLICATIONS FOR 15 MAPLE STREET, HAYDON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PSD-030-03 be received for information. Submitted by: Reviewed by: avi . Crome, M.C.I.P.,R.P.P. Wa n lin Wu Director, Planning Services Chief Administrative Officer BR*LT*DC*df 14 March 2003 r CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 630 REPORT NO.: PSD-030-03 PAGE 2 1.0 BACKGROUND ., 1.1 On January 7th and 8th, 2003, an Ontario Municipal Board Hearing was held in the Council Chambers with respect to appeals by Robert and Louise Martin of a rezoning application and a consent to sever (land division) application for the northwest portion of 15 Maple Street, Haydon. The subject property is in the western portion of the hamlet, generally on the west bank of the Haydon Tributary of the Bowmanville Creek. The purpose of the two applications was to permit the construction of a single detached dwelling. 1.2 From the outset of the rezoning application (which preceded the severance application) and during the) g pre-submission consultation period, conservation authority and municipal staff identified the limited amount of tableland above top- of-bank as a key issue since this area would have to contain: at least a minimum buffer from the top-of-bank, a single detached dwelling, a well, a septic system having both primary and reserve beds, room for accessory buildings and structures and setbacks. 1.3 Mr. Nick Macos was the solicitor representing the Municipality. Mr. Bob Russell of the Planning Services Department gave evidence with respect to the planning context and planning policies governing their applications and Municipality's position regarding the suitability of an additional lot. Ms. Lisa Backus of CLOCA gave evidence with respect to the determination of the top-of-bank. Mr. Stephen Usher of Gartner Lee gave evidence with respect to the EIS Study and the determination of the top-of-bank. The Board noted the vigorous challenge by Mr. Martin on the views of the municipal planner and conservation authority planner. 1.4 The Martins were not represented by legal counsel. The Martins had Walter Powell of the Durham Health Unit under subpoena to provide evidence on the suitability of the private well and waste disposal system. Mr. Martin, an Ontario Land Surveyor provided his own evidence on the top-of-bank location. 631 REPORT NO.: PSD-030-03 PAGE 3 1.5 In evaluating all of the evidence, the Board found that the top-of-bank as staked out by the planner for the Conservation Authority, was valid and had not been successfully impeached by Mr. Martin. The Board noted: "In many respects, the Board is of the view that there was very little evidence that the conservation authority planner's views should be suspect. She held her opinions firmly as a good professional should, yielding no ground on the differentiation of the land form and land function and adhering to her findings in a scientific and objective manner." 1.6 The Board was also concerned with the constraint inherent in a lot of the size of the proposed lot, even if the developable portion could be located away from the top-of-the-bank. The primary tile bed system can be located to accommodate the lot, but if it were to break down in the future, would the remaining area be ... sufficient to address a secondary tile bed system? Moreover, the Board was concerned about the precedent this could set for other applications. The Board also found the easterly portion of the proposed lot would intrude onto .• the environmentally sensitive area. Such an impact will not comply with the spirit and letter of the Clarington and Durham Regional Official Plans. • 1.7 In conclusion, the Board found that the tests for both the rezoning and the consent to sever have not been met. Accordingly, the appeals were dismissed by Board Order. Attachments: Attachment 1 - O.M.B. Decision rr 63 � ISSUE DATE: ATTACHMENT 1 Mar. 06, 2003 DECISION/ORDER NO: Vi T 1P.0" I "!r11,64 PLO 0354 0307 Ontario B L�'L,.,�",j I" Ontario Municipal Board LJ Commission des affaires municipales de ('Ontario Robert Martin has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone portion of lands composed of Part Lot 14, Concession 8 from 'Environmental Protection (EP)" Zone to Hamlet Residential to permit a single detached dwelling and facilitate a related severance application OMB File No: Z020057 Robert Martin has appealed to the Ontario Municipal Board under subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the Land Division Committee of Regional Municipality of Durham which dismissed his application numbered B-131/2002 for consent to convey part of the lands composed of Part Lot 14, Concession 8 OMB File No: CO20208 so APPEARANCES : Parties Counsel*/Agent Municipality of Clarington N. T. Macos* Robert Martin Wo DECISION DELIVERED BY S. W. LEE AND ORDER OF THE BOARD Wo The subject parcel of lands is located in the Hamlet of Haydon in the Municipality of Clarington (Municipality). The owners, Mr. and Mrs. Martin, want to sever the north westerly portion of the lot so that a house can be built. The application for consent to Ali, convey has been refused by the Committee of Adjustment. Also, the requi amendment to change from "Environmental Protection Area" to "Residential" has_tLqen.. refused by the Council. Both of these appeals were before the Board at this ftaring,_ The subject premises is located near the tributary of the Bow m*a'a_vflJj-Tr_R_ oper n as such, and pursuant to the policies of both the Durham and Clarin s I there are environmental constraints associated with these applicaticins--c-th g. Ean wr them are the concerns whether the proposed lot is located away fr66i*_fK6'Tdp—_(5f-:t6e- - 633 wr. r - 2 - PL020354 ow bank, whether there may be infringement on the natural features and heritage of the vicinity and whether the proposed lot can support private well and waste disposal system. An environmental impact study has been commissioned and prepared by Gartner Lee Limited for the evaluation of the site, which had been paid for by the Martins and with the terms of reference principally drafted by the Municipality and the Conservation Authority. In general terms, the study does indicate that development can occur without impacting either the natural features or hazard features with a number of provisos. ,.. The Board heard evidence from Mr. and Mrs. Martin who urged the Board to take a balanced view of the policies, to accept the evidence of the Durham Regional Health Department that the lot can support a waste disposal system and not to adopt the view of the Conservation Authority as to the top-of-the-bank. The Municipality, on the other hand, urged the Board to be cautious about a lot that is quite constrained as, in their view, there is insufficient area above the top-of-the-bank and a setback distance to the natural buffer that has been recommended in the impact study. w. The Board is cognizant of the anxiety of the Martins in securing a building lot which they consider to be appropriate. They have studied closely the texts of both the Durham and Clarington Official Plans and dissected their policies before the Board with punctilious care. Mr. Martin, being a surveyor and having knowledge of the planning policies and the topography of the area in the area, challenged vigorously both the Municipality planner and Conservation Authority planner on their views in this hearing. In evaluating the totality of the evidence, the Board finds that the top-of-the-bank, as staked out by the planner for the Conservation Authority, is valid and has not been successfully impeached by Mr. Martin. In many respects, the Board is of the view that there is very little evidence proffered that her views should be suspect. She held her '�► opinions firmly as a good professional should, yielding no ground on the differentiation of the land form and land function and adhering to her findings in a scientific and w. objective manner. Mr. Martin has not convinced me that the top of the bank as staked out by the Conservation Authority should be revised. In fact, his intransigence is but an extraordinary example of how a set of flawed premises, when pursued relentlessly by a remorseless logician, can end up in invalidity. i 634 .o - 3 - PL020354 0 The Board is also concerned that the constraint inherent in a lot of such a size, .. even if the developable portion can be located away from the top-of-bank. Yes, the primary system can be located to accommodate the lot, but if it breaks down in future, would the remaining area be sufficient to address a secondary system? What if every owner in the vicinity does exactly what is proposed? * In addition, the Board also finds that the easterly portion of the lot would not have sufficient setback distance and would intrude onto the environmentally sensitive area. 10 Such an impact will not comply with the spirits and letters of the Official Plan policies in both the Region of Durham and the Municipality of Clarington. • In conclusion, the Board finds that the requisite tests for both the zoning amendment and the consent to convey have not been met. Accordingly, the appeals are dismissed. J The Board so Orders. Alf "S. W. Lee" S. W. LEE MEMBER wo 635 • REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 24, 2003 Report#: PSD-031- 03 File #: COPA 2002-010 By-law #: ZBA 2002-035 Subject: CLARINGTON OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT — 95 &101 LIBERTY STREET NORTH APPLICANT: 767042 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-031-03 be received; 2. THAT Amendment No. 32 to the Clarington Official Plan to increase the maximum permitted commercial floorspace for the Neighbourhood Commercial Area at Liberty Street near Lovers Lane from 250 sq. m. to 500 sq. m. be ADOPTED as indicated in Attachment 2 to Report PSD-031-03 and that the necessary bylaw contained in Attachment 3 be passed; 3. THAT the application to amend Zoning By-law 84-63 of the Municipality of Clarington as amended, (ZBA 2002-035) submitted by Tunney Planning on behalf of 767042 Ontario +� Limited to permit this proposed development, be APPROVED and that the by-law contained in Attachment 4 to Report PSD-031-03 be passed; 4. THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-031-03; and 5. THAT all interested parties and the Regional Municipality of Durham Planning Department be advised of Council's decision Submitted by: Reviewed by - D id rome, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer AR*CP*DJC*sh *- 14 March 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 aw 636 REPORT PSD-031-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 767042 Ontario Limited , 1.2 Agent: Kevin Tunney of Tunney Planning Inc. 1.3 Official Plan Amendment: To increase the retail floor space from 250m2 to 500m2 within the Neighbourhood "" Commercial Area on Liberty Street near Lovers Lane to permit the development of a mixed-use 40 establishment located at 95 and 101 Liberty Street North in Bowmanville. " 1.4 Rezoning: To rezone the lands to an appropriate commercial zone to permit the proposed mixed-use building with up to 500 m2 of retail 40 commercial floor space and up to three residential units on the second floor. •+ 1.5 Land Area of Application: 0.175 ha 2.0 LOCATION 2.1 The subject property is located within Part Lot 10, Concession 2, former Town of Bowmanville, at municipal addresses 95 and 101 Liberty Street North. 40 3.0 BACKGROUND 3.1 The applicant has contemplated an expansion to the North End Market convenience store for a number of years. In 1988, the existing convenience 40 store at 101 Liberty Street North and the now demolished house at 95 Liberty Street North were merged into a single parcel (LD 547/87). In 1996, By-law 96- 159 was passed to rezone the parcel to its current zone, (H) C2-6, with the exception of a 4.57 metre right-of-way for access to the property to the east. A site plan application filed concurrently with the rezoning application was also 40 - 6 37 „. REPORT PSD-031-03 PAGE 3 approved in 1996, however the agreement was never executed. The applicant has not submitted an application for site plan approval at this time, although a conceptual site plan drawing was submitted with the current rezoning application. 3.2 In 2001, the parcel now described as Part 2 on 40R-20863, (the easterly most 20 m X 32 m) was severed and melded with the convenience store property (LD 138/2001). The retained parcel formed part of the residential subdivision currently under development at the rear of the site. A drainage easement was granted allowing the severed parcel to connect across private property to the ,. storm sewer system constructed in the Trudeau Drive road allowance. The access easement originally encumbering 95 Liberty Street North was also released through this application, as it was no longer necessary. 3.3 In May 2002, Veltri and Son Limited received site plan approval to permit a sales office for the residential subdivision on the above-noted retained lands. Although the actual sales office is located on a separate parcel, it is accessed across the subject property and its parking area is located on the subject ” property. This use is temporary in nature and will be removed once the homes within the new subdivision are sold. 'w• 3.4 On November 21, 2002, the applicant submitted the subject applications to amend the Clarington Official Plan and Zoning By-law to permit the proposed use. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property is located within the urban area of Bowmanville. The site area is 0.175 ha (0.43 acres) and it is connected to municipal water and sewer .. services. The current uses on the property are the existing store with one residence above, the existing parking area for the store to the south of the building in the side yard, and the parking area of the sales office at the rear. 4.2 Surrounding Uses: East: Residential uses (under construction) North: Residential uses 638 REPORT PSD-031-03 PAGE 4 West: Residential uses South:Residential uses, with high school beyond 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject property Urban Residential with a Neighbourhood Commercial symbol. This designation permits the proposed mixed-use type of development. Although the Plan states that the maximum amount of gross leasable floor area for retail and personal service uses shall not exceed 1,000 square metres, Table 10-2 identifies a maximum retail floorspace limit of 250 square metres in this location. An amendment to the Official Plan is required to permit the proposed floor area increase to 500 square metres for the Liberty/Lovers Neighbourhood Commercial Area, shown on Table 10-2. ,r 5.2 The maximum combined floorspace index permitted by the Clarington Official Plan where there are second storey residential uses is 0.50. The applicant has agreed to meet the policies of the Clarington Official Plan in this regard. ,r 5.3 Urban design principles such as high quality landscape treatments and buffering from neighbouring residential uses will be implemented through site plan approval. As specified in the Clarington Official Plan, the proposed refuse collection area is to be internal to the building. The residential parking proposed for the expansion will be located within an enclosed parking garage; the parking for the commercial use and the loading space will be appropriately buffered from the surrounding residential uses through fencing and minimum setbacks. 6.0 ZONING BY-LAW PROVISIONS 6.1 The subject lands are zoned "Neighbourhood Commercial Exception — Holding .r (H(C2-6))" and "Urban Residential Type One (R1)". The application does not conform with the current by-law provisions and a rezoning is required to allow the proposed uses. .r 639 REPORT PSD-031-03 PAGE 5 7.0 PUBLIC SUBMISSIONS 7.1 A public meeting was held on January 20, 2003. At the meeting, no objectors or supporters spoke. The applicant explained that the previous application did not proceed because of drainage issues, which have now been addressed through the acquisition of the rear portion of the property. He also noted that it is not the owner's intention to build immediately, but rather to proceed in approximately two or three years. An application for site plan approval will be filed at that time. 7.2 Prior to the public meeting, a local resident expressed concerns to Staff about maintenance of the site. The resident noted that the sidewalks and store entrance are not regularly cleared of snow and had concerns about increased problems with an expansion. 7.3 The abutting property owner to the north also raised concerns about the proposed expansion. Although he was unable to attend the public meeting, he expressed by email correspondence his desire to ensure that the development does not negatively impact on his privacy, property and its value. Currently, the commercial building is sited in such a way that the southern exposure for the property to the north is not obstructed. The property owner to the north feared " specifically that a higher building, set further back on the lot, would create unwanted shadow in his back yard. Section 9 addresses the issues raised from neighbouring property owners. 8.0 AGENCY COMMENTS �- 8.1 The application was circulated for agency comment. The Clarington Emergency Services Department, Central Lake Ontario Conservation, Kawartha Pine Ridge District School Board, Peterborough Victoria Northumberland Clarington District School Board and Veridian Connections have no objections to the proposed use. 8.2 Clarington Engineering Services has no objections to the proposal, but note that r. additional information on grading and drainage and boulevard works will be required as part of the site plan approval process. 640 REPORT PSD-031-03 PAGE 6 8.3 Region of Durham Planning Department does not object to the proposal and note that the official plan amendment is exempt from Regional approval. The Region of Durham Works Department states that the Liberty Street is a Type "B" Arterial road with a minimum right-of-way width of 30.0 metres. As such, the applicant will be required to dedicate a 3.0 metre road widening as a condition of site plan approval. Additionally, the applicant must submit detailed site servicing plans for review and approval prior to the issuance of building permits. 8.4 No comments have been received from the following agencies and they are not expected to have any concerns: • Durham Regional Police Services • Local Architectural Conservation Advisory Committee (LACAC) • Conseil Scolaire de District Catholique Centre-Sud • Conseil Scolaire de District Centre-Sud Ouest • Canada Post • Bell Canada 9.0 COMMENTS • 9.1 Mixed-use developments integrating housing and commercial uses are a desirable form of development promoted in the Clarington Official Plan. With adequate on-site parking and appropriate urban design treatments to ensure compatibility between neighbouring uses, mixed-use developments can assist in achieving diversity in housing types and tenures, and transit-supportive development patterns. 9.2 Planning Services staff met on-site with the owner and applicant to discuss .r appropriate setbacks and building design to mitigate any negative impacts on neighbouring properties. As a result of these discussions and the requirements for a road widening from the Region of Durham, the applicant has agreed to reduce the proposed building footprint and permit small increases in setback r requirements for the front yard and northerly side yard. A slight increase in the front yard setback (from nil to 0.5 metres) will ensure that it is not necessary to encroach into the road allowance for the footing. An increase from the permitted 0.9 metres to 1.5 metres (5 feet) at the side will allow for better access along the 641 "' REPORT PSD-031-03 PAGE 7 building for maintenance and will be more compatible with the residential .. property to the north. The applicant is agreeable to these suggestions. A sloped roof design for the building can increase the residential character of the development and ensure a good fit within the neighbourhood. Planning Staff will be looking for this type of design at the stage where an application is made for site plan approval. Further in order to meet the height requirements of the "C2" zone, the building will be a one and a half storey with dormer windows on the second floor. At the rear, there will be a walk-out basement to permit access to the underground parking and garbage enclosure with as moderate a slope as possible. 9.3 The proposed development will inevitably create some additional shade for the .. property owner to the north. Although the proposed building will not be higher than it is currently, it will occupy a larger footprint and will cast shadow as a result .. of its mass. Shadow will be most pronounced later in the day in the winter months, when the sun is lower in the sky and light is cast from the south-west. At other times of the year when the sun is overhead, and in the morning and early afternoon, the property to the north will not be in shade as a result of the proposed development. Staff note further that the permitted height for the commercial building is slightly W. less than the permitted height for the surrounding residential properties. Houses in the area can be 10.5 metres high (approximately two and a half stories) while w the neighbourhood commercial zone permits a maximum height of 10 metres. The applicant is not seeking any change in allowable height as a result of this application. Attachment 1 showing the concept plan for the development has not been modified to reflect the above changes. Rather, these changes will be dealt with through site plan approval. 642 REPORT PSD-031-03 PAGE 8 9.4 Staff notified the applicant about the other concern raised by a resident regarding maintenance and snow removal. It is anticipated that the redevelopment of the site will increase its functionality. There will be more parking available for customers and the loading area will be clearly defined. The increased setback for the new building from the street and additional boulevard area created by the road widening will allow more space for snow storage in the sidewalk area in r front of the store. 9.5 Amendment No. 32 is exempt from Regional approval and will come into force upon the expiry of the appeal period. .r 9.6 Staff are recommending that a holding symbol be placed on the zoning for the subject lands and be considered for removal only after the applicant has .r prepared a satisfactory site plan and made arrangement to convey the road widening. 10.0 CONCLUSIONS 10.1 Based on the comments contained in this report and the agency comments received, Staff recommends approval of Amendment No. 32 to the Clarington Official Plan as contained in Attachment 2, and approval of the associated zoning by-law, contained in Attachment 4, to permit the development of a mixed-use building containing 500m2 of commercial floor area and up to three residential units on the second floor. 10.2 The applicant will be required to enter into a site plan agreement. Conditions of approval include submission of more detailed drawings, as well as the road widening. The applicant will also be required to make an application to remove the Holding (H) symbol, prior to issuance of a building permit. Attachments Attachment 1 - Key Map Attachment 2 — Proposed Amendment to the Clarington Official Plan 643 40 REPORT PSD-031-03 PAGE 9 Attachment 3 — By-law to Adopt Amendment No. 32 to the Clarington Official Plan Attachment 4 —Zoning By-law Amendment Interested parties to be advised of Council's decision: Kevin Tunney 767042 Ontario Limited Glenn Mullin Tunney Planning Inc. C/o Thomas Kim 103 Liberty Street North 340 Byron Street South, 121 Willowdale Ave, Bowmanville, Ontario Suite 200 Suite 101 L1 C 21_8 Whitby, ON North York, ON L1 N 4P8 M2N 6A3 ow 64 ' ATTACHMENT 1 •�r I � I � I I I 1.am NPriygo yes ence I I I I e Refuse & Recycling Bins I I IQ,„ �1.2m x 3.6m x12) � I N727 1'02'E 1.5 OnGarage Indoor Parking f--.Parking— ­ 0' \ 1 �J Entrance N � ------------ 2 — �l.J 5 I 21.4 10 C Loading Spoc — — 3m x 15m — — I �a 2.3 2.75 Asphalt — — (T19) �- I I I I h .6 i _ Y -X N72A5'OO'E 1{.079 '00 N72VOWIE I I Existing Fence N71AS 'E I n ` I I Bowmanville Key Map 1 1 I II I I I I I ) l l l l 1111111 ill 1 1 1 1 1 1 II CONCESSION STREET WEST CONCESSION STREET EAST ZBA 2002-035 TRUDEAU x DRIVE Zoning By-law Amendment YARCNWOOD ORES. ORR COPA 2002-010 LOVERS ENE Official Plan Amendment TRUDEAU DRIVE _FF do Nr Subject UM E Sit eaTrr e Owner: 767042 Ontario Limited CARUSU AVENUE wi(I 645 "' ATTACHMENT 2 *Am AMENDMENT NO. 32 TO THE CLARINGTON OFFICIAL PLAN 4W PURPOSE: To increase the maximum permitted retail floor space from 250 m2to 500 m2 for the Neighbourhood Commercial Area on Liberty Street near Lovers Lane to permit the development of a mixed-use establishment located at 95 and 101 Liberty Street North in Bowmanville BASIS: The amendment is based on application for official plan amendment filed by 767042 ONTARIO LIMITED, file number COPA 2002-010, in conjunction with zoning bylaw amendment file number ZBA 2002-035. "~ The general policies contained in Section 10.8.2 permit a maximum gross leasable floor area for retail and personal service uses of 1000 m2. However, Table 10-2 restricts the retail floor space in the Liberty/Lovers area to 250 m2. The amendment to Table 10-2 is necessary to permit a proposed mixed-use development with 500 square metres of commercial floorspace. law ACTUAL AMENDMENT The Clarington Official Plan is hereby amended as follows: i That Table 10-2 in Section 10.8.4 be amended by increasing the am Maximum Retail Floorspace for the Neighbourhood Commercial Area at Liberty/Lovers Lane from "250"m2. to ,500,, m2. Im IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this amendment. am INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this .m amendment. up too 646 A1fTACHMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-Law to adopt Amendment No. 32 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; wi AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the development of a mixed-use development having 500 square metres of retail commercial floorspace. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 32 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted; and 2. This By-Law shall come into force and take effect on the date of the passing hereof. .r 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. r .r John Mutton, Mayor Patti L. Barrie, Municipal Clerk err Al FTACHMENT 4 up THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- "" being a By-Law to amend By-Law 84-63, the Comprehensive By-Law for the Corporation of the Municipality of Clarington #MW 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 02-035 to permit the development of a mixed-use No development with 500 square metres of commercial floorspace and up to three residential units on the second floor. +r. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 17.5.6 "Special Exceptions— Neighbourhood Commercial (C2) Zone" is hereby r amended by replacing Subsection 17.5.6 as follows: "17.5.6 Neighbourhood Commercial Exception (C2-6)Zone Notwithstanding Sections 3.12, 3.15, 17.2, and 17.3, those lands zoned C2-6 on the ow Schedules to this By-law shall be subject to the following zone regulations: i) Number of Loading Spaces One ON ii) Width of Loading Space 3 metres iii) Entrance located a minimum of 7 metres from the boundary of the side yard lot line boundary of a Residential zone iv) A maximum of three dwelling units shall be permitted within a portion of a non- residential building permitted within the Neighbourhood Commercial (C2) Zone in accordance with the minimum dwelling unit area requirements of the Urban Residential Type Four(R4)Zone. v) Front Yard 0.5 metres vi) Interior Side Yard 1.5 metres on one side, 10 metres on the other side vii)Rear Yard Setback 10 metres viii)Floor Area (maximum) 500 square metres for non-residential uses." 2. Schedule"3"to By-Law 84-63. as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Holding — Neighbourhood Commercial Exception((H)C2-6)Zone" as shown on the attached Schedule"A"hereto. r 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 Section 17.2 and 34 of the Planning Act, R.S.O. 1990. wr 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 648 This is Schedule "A" to By-law 2003- passed this day of , 2003 A.D. ............� 7 e-•E 25.689 fno n p e� C"'* IfJ h a1 N Z ~ Z N72'21'02"E 20.48 O Z erl W N :.LOT.... n 10 °' .CONCESSION n W t` � M z h J z of M N N r, Z N72'05'00"E 36.579 9.170 N72'09'44"E ® Zoning Change From "R1"to"(H)C2-6" Zoning To Remain"(H)C2-6" Irlll John Mutton, Mayor Patti L. Barrie, Municipal Clerk egYl CONCESSION STREET WEST CONCESSION STREET EAST R W Z o TRUDI = DRIVE i Z W W W io MARCHW000 CRES. ORR CRT. Ix o LOWE STREET LOVERS LANE m eri W J TRUDEAU DRIVE Subject LIBERTY PLACE Site F4Gycl CARLISLE AVENUE qV A A Bowmanvllle 649 w. ' REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 24, 2003 Report#: PSD-032-03 File #: ZBA 2002/032 By-law#: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: THE KAITLIN GROUP ON BEHALF OF 1064055 ONTARIO r LTD. M. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration.Committee recommend to Council the following: 1. THAT Report PSD-032-03 be received; 2. THAT the request for Removal of Part Lot Control with respect to Blocks 9, 10 and 11 inclusive on 40M-2125 be APPROVED and that the attached Part Lot Control By-law be �. PASSED pursuant to Section 50(7.1) of the Planning Act; and 3. THAT all interested parties listed in this report and any delegations and the Regional .. Municipality of Durham Planning Department be advised of Council's decision. lop Submitted by: Reviewed by: 4Daid . Crom e, MCIP, R.P.P. Franklin Wu, r of Planning Services Chief Administrative Officer LT*DJC*sh ""' March 13, 2003 No CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 No 650 REPORT NO.: PSD-032-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: The Kaitlin Group on behalf of 1064055 Ontario Limited 1.2 Location: Part Lot 17, Concession 1, Darlington Township, 40M-2125 (Attachment 1) .r 2.0 BACKGROUND 2.1 Draft Plan of Subdivision 18T-90032 was given final approval March 12, 1996 and registered on title November 5, 2002 under Plan 40M-2125. This plan consists of eight (8) lots for single detached dwelling units and fifteen (15) townhouse units. The application under consideration for the removal of Part Lot Control would apply to the three (3) townhouse blocks. 2.2 The request for the removal of Part Lot Control in respect of Blocks 9, 10 and 11 on 40M-2125 was submitted by The Kaitlin Group on behalf of 1064055 Ontario Limited. The removal of Part Lot Control will permit the sale of each unit following their construction. 3.0 STAFF COMMENTS 3.1 The removal of Part Lot Control will facilitate not only the sale of the individual townhouse units but the creation of a common driveway access to each townhouse unit • from Green Road as contemplated for the draft approved plan of subdivision. 3.2 A condition of draft approval imposed by the Municipality required all fifteen (15) townhouse units fronting Green Road to obtain access to Green Road by way of a common driveway entrance onto Green Road. w+ 3.3 The Subdivision Agreement contained appropriate clauses acknowledging that only one (1) common driveway entrance would be constructed for the purpose of restricting access to the three (3) townhouse blocks. 651 r REPORT NO.: PSD-032-03 PAGE 3 3.4 Additionally, the agreement required the following warning clause to be attached to all low offers of purchase and sale of each townhouse unit on Blocks 9, 10 or 11: .. "Purchasers are advised that as the private driveways and the one (1) common driveway as shown on the approved Engineering Drawings to Blocks 9, 10 and 11 on Plan 18T-90032 are not municipal road allowances, the Municipality of Clarington will not snow plough or maintain any private driveways or the common entrance driveway aw area off of Green Road". �. 3.5 The Planning Act permits the Municipality to determine the appropriate timeframe during which the by-law shall apply. Staff recommends that the by-law be in force for a two (2) year period following Council approval, ending March 31, 2005. 4.0 RECOMMENDATIONS 4.1 Staff has no objections to the approval of a by-law exempting the subject lands from .. Part Lot Control as provided for in the attached by-law (Attachment 2). �. Attachments: Attachment 1 - Key Map Attachment 2 -By-law for Removal of Part Lot Control Attachment 3 — Unit Type and Number Summary Table List of interested parties to be advised of Council's decision: 1064055 Ontario Limited Regional Municipality of Durham c/o The Kaitlin Group Ltd. 1615 Dundas Street East 1029 McNicoll Ave 4th Floor Lang Tower Scarborough, Ontario P.O. Box 623 M1W 3W6 WHITBY, Ontario L 1 N 6A3 am b52 ATTACHMENT 1 .r 5;� I sW O Pr �C7 $no N^ °a a N N$ I °m 54 TO) _ m �11 � Z = 3 an 5 3 --- I�UI I ° .rr i ° N7r29.30-E z �CD ——— I�f' r e=_ ^T� n 52 loDl I p N o l ^' --- O mPl m FART I, P AN 40R 15697 0� --- _ N7r29'30-E —� 34 2 PIN 2;933 Zp— - m Z i o o m � ° D W N72'29'30'E � O I o N7 > ^ 29'30'E --— 0 w 3 32.043 _ m J5 I —DiIF IN a* I .Z I g7r29 30 E A l O I s2.es p 0 0 -- z v 36 z I C1 r¢% — cr— — - — o — _ — _ � I n 8m N7r29'3o'E ° O m 3205o P/RT 8 PLAN 40R-1606b -- /y//� W3.a0 f0 EASEMENT AC 37 I A I m v LT 812802 X " � NTrz9.3o-E _ m m I =W516 --- m Z 2 z I I P^RT I, P AN--�IOR-1 696 38 w ati0 PAR1 9.PLAN 40R-18068 y W m D e _ SUBJF.(7 TC EASEMENT AS M _� —— i. eN L T 842802 N7r293o'E '' O v o 32.077 PIN N i 7 33-4 --0021 39 I _ ll� co -0.752 --- - — 32J7o ll `d6 ale }� I �� I I s. a LOT I I 51 obn N $ P/ 26933 - 0/90 0 91 I f— — — -•_ I D 1 Bowmanville Key Map OUR UPT NAVE. "IGHW Y 2 m ZBA 2002-032 4 SON ° i C Part Lot Control > w w I— z R o R Subject "'A I >, C Blocks 9,10 and 11 site ��►' TREWIN 40M-2125 S / RINGS Owner: 1064055 Ontario Inc. MEADOWS [ �LL o 7 CRES. i GAMl� f•'—'l r7 .I 653 ATTACHMENT 2 VW CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- , being a By-law to exempt a certain portion of Registered Plan 40M-2125 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 9, 10 and 11 inclusive on 40M-2125; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: .. 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to r.. the following lands: a) Blocks 9, 10 and 11 inclusive of 40M-2125. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act,this By-law shall be in force for a period of two (2)years ending on March 32, 2005 r aw BY-LAW read a first time this day of 2003 up BY-LAW read a second time this day of 2003 N. BY-LAW read a third time and finally passed this day of 2003 wo .. John Mutton, Mayor Patti L. Barrie, Municipal Clerk. r 6 ) 4 ATTACHMENT 3 40 .r PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE 4 Results of Part Lot Control Exemption on Unit Type and Number Registered Plan: 40M-2125 By-law: ZBA 2002-032 Blocks Lots Unit Type (Number Results Affected Unit 1 Townhouse Unit No Change Unit 2 Townhouse Unit No Change Block 9 Unit 3 Townhouse Unit No Change Unit 4 Townhouse Unit No Change Unit 5 Townhouse Unit No Change Unit 1 Townhouse Unit No Change Unit 2 Townhouse Unit No Change Block 10 Unit 3 Townhouse Unit No Change Unit 4 Townhouse Unit No Change Unit 5 Townhouse Unit No Change Unit 1 Townhouse Unit No Change Unit 2 Townhouse Unit No Change Block 11 Unit 3 Townhouse Unit No Change Unit 4 Townhouse Unit No Change Unit 5 Townhouse Unit No Change Total 15 Units No Change 655 • REPORT Leading the «'ay PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 24, 2003 ,. Report#: PSD-033-03 File #: COPA 2002-004, ZBA 2002-009 By-law #: and ROPA 2002-003 two SUBJECT: APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN, REGION OF DURHAM OFFICIAL PLAN, AND MUNICIPALITY OF CLARINGTON «- COMPREHENSIVE ZONING BY-LAW FREDERICK AND SANDRA ARCHIBALD PT LT 10 CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON 6275 LIBERTY STREET RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-033-03 be received; 2. THAT the Regional Municipality of Durham be advised that the Municipality of Clarington recommends that the application to amend the Durham Region Official Plan (ROPA 2002-003), as submitted by Frederick and Sandra Archibald to permit a small- scale nine hole golf course as an accessory use to a farm winery, be approved; .. 3. THAT Official Plan Amendment 31 to the Clarington Official Plan to permit the construction of a small-scale nine hole golf course as an accessory use to a farm winery be ADOPTED as indicated in Attachment No. 3 to Report PSD-033-03; that the necessary by-law be passed; and further that the amendment be forwarded to the Regional Municipality of Durham for approval; 4. THAT the application to amend Zoning By-law 84-63 of the Municipality of Clarington as amended, (ZBA 2002-009) submitted by Frederick and Sandra Archibald to be forwarded to Council for approval and that the necessary by-law be passed as contained in Attachment 4; �. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-0830 �- - 656 4w REPORT NO.: PSD-033-03 PAGE 2 .r 5. THAT the Durham Planning Department be sent a copy of Report PSD-033-03; and 6. THAT all interested parties and the Regional Municipality of Durham be advised of Council's decision Submitted by: a ' J. Crome, M.C.I.P., R.P.P. Reviewed by: Wanklin Wu, Director of Planning Services Chief Administrative Officer DJC*sh March 18, 2003 .. rr' 657 o.. REPORT NO.: PSD-033-03 PAGE 3 M 1.0 DEVELOPMENT APPLICATION ,. 1.1 Applicant: Frederick and Sandra Archibald 1.2 Official Plan Amendment: To amend the land use designation in the Official Plan from "Prime Agricultural Area" to permit a small-scale 9 .., hole golf course as a secondary use to the existing agricultural operation. An application to amend the Durham Region Official Plan has also been submitted (ROPA 2002-003). 1.3 Rezoning: To amend the Comprehensive Zoning By-law 84-63, as .. amended, of the Municipality of Clarington to permit a small-scale 9 hole golf course as secondary to the existing •. agricultural operation. 1.4 Land Area of Application: The proposed golf course will utilize approximately 1.5 ha (4 acres) of a 16 ha (40 ac) parcel. 2.0 LOCATION 2.1 The subject lands are located in Part of Lot 10, Concession 6, former Township of Darlington at 6275 Liberty Street North (Attachment 1). 3.0 BACKGROUND 3.1 In July 2001, the owner met with staff to discuss the proposal prior to submission of the .. required official plan amendment, zoning and site plan applications. The owner also met with Durham Region and CLOC staff to discuss what information would be •. required to support an application to permit the proposed use. Applications for amendment to the Clarington Official Plan, rezoning and site plan were received on ti. - 658 w REPORT NO.: PSD-033-03 PAGE 4 February 20, 2002. Clarington was advised on March 6th, 2002 that an application to amend the Durham Region Official Plan was received. 4.0 EXISTING AND SURROUNDING USES 4.1 Site Characteristics The land slopes to the south and according to the provincial soils mapping, the soils are predominately Class 1. A well-established apple orchard exists on the site. In addition to the apple orchard, there is a 464m2 winery, two barns totalling 710m2, and the owner's residence. The owner operates a successful "pick-your-own" business and fruit winery. The fruit winery business and building were established in 1997. Apple- related bakery and preserves/condiments are prepared and sold on site. Wine and cheese festivals, culinary festivals and weddings are hosted on site. Bus tours often visit the winery and orchard and many school classes visit the orchard as part of their curriculum. In the fall of 2001, a pond was dug in the south-east corner of the subject lands. The pond will be used for irrigation of the proposed golf course. 4.2 Surrounding Uses: East equestrian centre, apple orchard, and wooded area North agricultural crops West livestock farm South agricultural crops 5.0 PROVINCIAL POLICY The Provincial Policy Statement (PPS) protects prime agricultural areas for agriculture uses, secondary uses and agriculture-related uses. The PPS defines agriculture- related uses as small-scale commercial or industrial uses that are directly related to the .r farm operation and are required in close proximity to the farm operation. Secondary uses are defined as being secondary to the principal use of the property and rop duce value-added agricultural products from the farm operation on the property. With appropriate justification, location of a new non-residential land use, including a golf 659 Mr REPORT NO.: PSD-033-03 PAGE 5 course, within a prime agricultural area may be considered. The PPS states justification shall include: • Demonstrated need for the designation of additional lands to accommodate this use. • That there are no reasonable alternative locations on land not identified as prime agricultural area. ■ That there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. Under the Planning Act, the Municipality shall have regard for the Provincial Policy prior to making a decision on the planning application. 6.0 OFFICIAL PLAN POLICIES 6.1 The Durham Region Official Plan designates the lands " Permanent Agricultural Reserve". Golf courses are permitted within this designation by amendment subject to a number of criteria. These criteria are similar to those contained within the Clarington Official Plan. 6.2 The subject lands are designated "Prime Agricultural Area" in the Clarington Official Plan. Lands so designated shall be used for farm purposes. Golf courses may be .. permitted in agricultural areas by amendment to the Official Plan, provided that the criteria as outlined in Section 13.3.4 of the Official Plan are satisfied. This criteria .. includes in part; demonstrating need for the golf course within the prime agricultural area, conformity to Minimum Separation Distance Formula (MDS), there will be no adverse impacts on the natural environment or surrounding agricultural practices, and private servicing system complies with Ministry of the Environment and Region of Durham standards. 6.3 The owner is proposing that the Clarington Official Plan be amended by adding a new exception to Section 23 of the Official Plan as follows: .. 23.14.2 "Notwithstanding Section 13.3, a small-scale nine hole golf course is a permitted secondary use on those lands identified by role # 010 110 08600 000. Zoning and site plan requirements will ensure that the 660 i REPORT NO.: PSD-033-03 PAGE 6 secondary use is integrated and will not occupy more than 10% of the total area." 7.0 ZONING BY-LAW PROVISIONS 7.1 The Municipality of Clarington Zoning By-law 84-63, as amended, zones the subject lands "Agricultural Exception (A-1) zone. A golf course is not permitted within this zone, hence the need for a zoning amendment to permit the proposed use. r 8.0 PUBLIC MEETING AND SUBMISSION 8.1 At the statutory public meeting held, on April 29, 2002, residents expressed the following concerns: • the proposed use may have a negative impact on the groundwater regime; .r • permitting a golf course in an agricultural area may impair the ability for the lands to be used to their full agricultural potential over the long term; • how will a golf course add value to an agricultural operation; and • that this application would establish a precedent, ultimately jeopardizing the preservation of prime agricultural land within Clarington. 8.2 Correspondence was received from the Durham Region Federation of Agriculture raising concerns about integrating the golf course into the orchard operation and the potential for conflicts to arise with the introduction of a recreational use into an agricultural area. If the application is approved, the Federation asked that the zoning and site plan agreement specifically address requirements for fencing, buffer zones and water usage to ensure that neighbouring farm operations are not disrupted. 9.0 AGENCY COMMENTS 9.1 The application was circulated to a number of agencies for comment. Clarington .r Emergency Services, CLOC, Durham Regional Health Department have no objection to the approval of this application. The Engineering Services Department request that a grading plan, entrance design and improvements, and a performance guarantee for all external works including the 661 REPORT NO.: PSD-033-03 PAGE 7 entrance, be provided. In addition, 2% cash-in-lieu of parkland contribution is required. If the applications for official plan amendment and rezoning are approved, these items will be required prior to the Municipality entering into site plan approval with the owner. w. 9.2 In response to the Region's circulation of the application, the Ministry of Municipal Affairs advise that although the proposed small-scale golf course is of a size that would be considered secondary, the golf course does not have a direct relationship to the primary use, and it is not an agricultural-related use. The Ministry suggested that the Region should determine whether a justification report in support of a new non- " residential use is warranted. 10.0 TECHNICAL STUDIES 10.1 In support of this application, a number of studies have been prepared including a planning report, phase 1 environmental site assessment, turf management report, �. agricultural assessment, and hydrogeological report. A peer review of the hydrogeological report was conducted in accordance with the Region's policies. 10.2 The planning report was prepared by the owner and states that the golf course will improve the viability of the existing agricultural operation as it is anticipated that increased wine sales will be generated as more visitors come to the farm. The report states that "The pick-your-own, winery and golf course are seen as complementary operations with the common goal of finding a market for the agricultural products produced on the farm". Measures will be taken in the design of the golf course that will ,. reduce the impact on the agricultural operation. For example the design will take advantage of areas left to fallow and vacant areas between the property line and the VAR limits of the orchard (Attachment 4). The existing topography will not be modified with the exception of necessary contouring at the tees and greens. Low maintenance ... grasses will be used and irrigation will be restricted to the tees and greens and pesticide use on the golf course will be limited. Existing facilities already located on 662 00 REPORT NO.: PSD-033-03 PAGE 8 site will be used including the parking area and the buildings. There is no club house planned. 10.3 An Agricultural Assessment was prepared by Toombs Consulting stating that the proposal will not disrupt the orchard and no reduction in apple production is anticipated. The users of the golf course will have no more impact on the adjacent • farm uses than the pick-your-own operation. Concern was expressed that golfers may interfere with adjacent agricultural operations, but this can be addressed by appropriate • orientation of tees, fencing, buffering at the property lines and effective signage. The report states that this golf course is intended to be secondary to the farm and is part of •+ the value-added aspect of the existing secondary uses. The report concludes the proposed use complies with Minimum Distance Separation (MDS) requirements. too 10.4 The owner proposes in the Turf Management Report to utilize drought resistant grass species hence reducing the need for irrigation. Irrigation will only be used to supplement natural rainfall. Soil samples will be taken annually to ensure nutrient -+ levels are not being exceeded and Best Management Practices will be utilized for an integrated pest management system. " 10.5 A hydrogeological assessment was prepared by Waterloo Geoscience Consultants Ltd. The impact of using the pond for irrigation purposes was assessed. The report concludes that there will be no negative impact on adjacent wells, the nearby tributary, or on the small wetland located south of the subject lands. Water levels in the small tributary, the wetland and the pond will be monitored and pumping records will be maintained. Central Lake Ontario Conservation concurs with the findings of the hydrogeological assessment. In accordance with Regional policies, a peer review of the hydrogeological work has been conducted. The Region advises that additional hydrologic work is required to ensure all adjacent wells are not impacted upon. This issue can be addressed prior to the owner entering into a development agreement with the Municipality. �r 663 go wr REPORT NO.: PSD-033-03 PAGE 9 11.0 STAFF COMMENTS 11.1 In today's economy, agricultural operators are continuously seeking new ways to .. remain competitive and enhance profitability. Some pursue highly mechanized farming which requires farming of large acreages. Livestock farmers have been constructing increasingly intensive feedlot operations. Other farmers seek ways to increase farm-gate sales through farm markets, processing foods or products such as cider, wine or honey. Others seek to supplement income with bed and breakfast facilities or farm-related commercial uses. The concept of "agri-tourism" is being promoted in some areas as a means of helping farming to remain viable. The proposal by the Archibalds is an innovative approach which they indicate will improve the profitability of the farm operation and the winery that currently exists on site. Whether a small scale golf course can be considered a legitimate secondary farm use is the central question for this application. 11.2 The profitability of wholesale apple operations in Ontario is in decline due to globalization and the accessibility to new apple growing regions such as Africa and China. The decline of the apple industry is apparent in Clarington where the number of farms reporting apple orchards has declined 40% from 49 in 1996 to 28 in 2001 and �.r. the number of hectares in apple orchards has also declined 31% from 378 in 1996 to 261 in 2001. 11.3 The Archibalds realize the state of apple farming is in decline. Over the years they have diversified and have introduced "agri-tourism" uses such as, pick-your-own orchards an apple-related bakery, fall festival, a winery and related uses such as wine .. and cheese festivals, culinary festivals and bus tours. The owners clearly want to keep the farm as the principle use and consider the golf course a secondary use that will •- have a positive effect on the farm and winery as increased sales of wine and apple products may result from an increase in the number of visitors to the site. 6611 .r REPORT NO.: PSD-033-03 PAGE 10 11.4 The Provincial Policy Statement identifies the protection of prime agricultural land for agriculture as a provincial interest. Proposed new secondary uses will be compatible with, and will not hinder, surrounding agricultural operations. The Ministry of Municipal Affairs indicates that the golf course does not have a direct relationship to the primary use — the farm. Staff do not disagree the golf course is a recreational use which is intended to promote sales from the farm winery, which is itself a secondary use. In this regard, the golf course is in reality, a tertiary use to the farm operation. The Ministry indicates that the proposed golf course does not meet provincial policy .r for secondary uses. If it is not a secondary use as defined by the PPS, under Section 2.1.3 c), there can be consideration of new non-residential uses in prime agricultural lands with the following: • There is a demonstrated need for additional land to be designated to accommodate the proposed use; • There are no reasonable alternate locations to accommodate the use on non- prime agricultural land; and • There is no reasonable alternate location within the prime agricultural area, but on lower priority agricultural lands, to accommodate the proposed use. The Ministry suggested that a justification report addressing the above items could be requested. However, in staff's view, the applicants could never meet the requirements of this section. The development applications submitted by the Archibald's do not meet the PPS with respect to secondary farm uses. In making a decision, Council must have regard for the Province's interest as defined in the PPS but is not required to follow and implement the PPS in all circumstances. It is staffs view that given the unique circumstances, the introduction of the pitch and putt golf course on 1.6 ha in association with the farm winery does not offend the broad intent of provincial policy to protect agricultural land. The introduction of the pitch and putt golf course provides a .r limited intrusion into agricultural lands, will not hinder surrounding agricultural operations, is not likely to become a precedent for other uses due to its exceptional circumstances, and provides a means for the farm winery to find new markets for its products. 665 REPORT NO.: PSD-033-03 PAGE 11 r. 11.5 The Clarington Official Plan has an overall goal of encouraging and supporting the �- agricultural industry as part of the Municipality's economic base. In order to do this, specific objectives include; preserving high quality agricultural lands for farming purposes, promoting stewardship of agricultural lands for future generations and directing non-farm uses to settlement areas. Golf courses, even small scale "pitch and putt" operations, are not considered permitted secondary uses in the Official Plan. The application was specifically for a golf course as a secondary use to the total farm operation, including the winery. 11.6 The Durham Region and Clarington Official Plans both permit golf courses within the agricultural designation by amendment. Each Official Plan provides a list of criteria that shall be considered when reviewing a golf course application, the purpose of which is to ensure that the establishment of a golf course will be compatible with adjacent land uses, will protect agricultural lands and will not have a negative impact on the environment. By virtue of the fact that the owner's proposal is for a small-scale golf " course that will be associated with the agricultural operation not all of the criteria contained in the Municipality of Clarington Official Plan can be met. For example, the subject lands are located on high capability agricultural lands, an exploration of alternative off-site locations was not conducted, and the need for another golf course in Clarington was not addressed. As such, the owner through the official plan amendment is seeking exemption from these criteria. 11.7 The proposed official plan amendment as prepared by the owner identifies the intent that the golf course is to remain "secondary to the farm operation". It specifies that the golf course will be small-scale and that it will not occupy more than 10% of the total farm area (4 acres). There will be no changes to existing natural grade except for tees and greens. In addition, the owner is agreeable to having very site specific zoning placing tight constraints on the limits of the golf course, and the owner will enter into a development agreement with the Municipality. - 666 i REPORT NO.: PSD-033-03 PAGE 12 Staff are recommending that a "pitch and putt" golf course be strictly defined in the zoning by-law to incorporate many of the above features. However, it is staffs view that the golf course is related to the farm winery, not the principal farm operation. Therefore the Official Plan and Zoning amendments recommended by staff provide for the pitch and putt golf course be accessory to the farm winery. Accessory is defined as "subordinate and incidental to the principal use...". , ,r 11.8 A concern was raised by the public about the precedent that approving this application would have for other situations. This is also a concern of staff and there is some possibility that other proposals will come forward. Agriculture is under threat and there will certainly be other schemes to produce supplemental income for farmers on their lands. However, in considering the uniqueness of the Archibald operation — it is the only farm winery in Clarington — staff accept that this innovative proposal will benefit the viability of the farm and winery operation with minimal impacts on adjacent lands and no long term consequences on the agricultural potential of this property. Other applications will be very limited and will be reviewed on their merits. 11.9 Residents expressed that allowing a golf course to establish on prime agricultural land may impair the ability of adjacent lands to be utilized to their full agricultural potential. The owner maintains that the golf course will be secondary to the farm operation and will help ensure the viability of the farm. Other concerns expressed by residents have .� been addressed either through study findings or the commitments that the owner is willing to make to ensure that the golf course will not adversely impact the adjacent Ao land owners this includes the installation of fencing in critical areas and appropriate signage. .r 11.10 In order to proceed to develop the pitch and putt golf course, the applicant must No proceed with site plan approval. For this, staff will require complete and accurate to- scale site plan drawings with surveyed grades prepared by a qualified landscape architect to be submitted showing phasing of fairways with orchard rotation. As 667 to REPORT NO.: PSD-033-03 PAGE 13 am recommended by the hydrogeological peer review, the site plan will need to incorporate a design document that incorporates best management practices for stormwater management and grading of the site and immediate areas. It was also recommended that an operations manual should be prepared for the site low that will be based on developing a program of best management practices for both the golf course and apple orchard together. The operations manual is to address the integrated management of the site, including the monitoring of fertilizer and pesticide use, total water use on the site and potential effects on local wells and " watercourses. The applicant will be required to file this manual with the Municipality. Lastly a number of studies recommended monitoring requirements for the golf course. The monitoring requirements include the following: • Maintain a daily log of water used for irrigation purposes; .. Take annual soil samples to ensure nutrient inputs are not exceeded; • Conduct weekly measurements of the water depth in the wetland for one year and once weekly in June, July and August for three years after. '• Monitoring results will be reviewed and assessment made as to whether additional or continued monitoring or mitigation is required. • Conduct daily readings of pond level in May, June, July and August of the first year of operation, after which weekly readings will be conducted. Monitoring requirements are always difficult to enforce. However, it is possible that as a condition of site plan approval, the applicant be required to submit an annual monitoring report to the Municipality and CLOC for the first 3 years of operation. At the sole discretion of the Municipality this would be extended. The site plan agreement .Y would provide for the owner to undertake any mitigation measures needed. 11.11 As an amendment to the Durham Region Official Plan is required, the Clarington Official Plan amendment is a `non-exempt'. The Region of Durham must approve the amendment to the Clarington Official Plan. 668 00 REPORT NO.: PSD-033-03 PAGE 14 di 12.0 CONCLUSION 12.1 While municipal policies focus on preserving land for agriculture, there is recognition of the changing face of agriculture and the need for diversification to remain competitive. Agri-tourism is one of those options pursued by some farmers to remain viable and produce supplementary income. The Archibald orchard and winery has established itself as a local tourist destination and the addition of a nine hole pitch and putt golf course could supplement direct farm sales of products grown or produced on the farm. It is an innovative approach but does raise some concerns. However, the goal of the Clarington Official Plan is to support the agricultural industry as an important component of the Municipality's economic base. The applicant's proposal yields a minimal loss of agricultural land. While this proposal is contrary to the PPS, and the general criteria in the Clarington Official Plan for golf courses in agricultural areas, on balance there are enough .,► positive attributes for staff to be able to support the introduction of this use provided that there are adequate controls to ensure that the golfing component remains a secondary use on the property and accessory to the estate winery. •ot 12.2 It is recommended that the Region be advised of the Municipality's support for the application to amend the Durham Regional Official Plan submitted by Fred and Sandra Archibald. It is also recommended that Amendment 31 to the Clarington Official Plan be adopted as shown in Attachment 3. .r 12.3 It is recommended that the zoning application be approved with a Holding Symbol as shown in Attachment 4. The zoning by-law will not come into force until the Official Plan Amendments are approved. Attachments: ar Attachment 1- Key Map Attachment 2 — Proposed Site Plan Attachment 3 — Proposed Official Plan Amendment and Adopting By-law r Attachment 4 — Proposed Zoning By-law Amendment 669 REPORT NO.: PSD-033-03 PAGE 15 Interested parties to be advised of Council's decision: Frederick and Sandra Archibald Mr. and Mrs. Vaneyk 6275 Liberty Street North 6613 Clemens Road • R.R. #5 Bowmanville, Ont Bowmanville, Ontario L1 C 3k6 L1 C 3K6 Fred Janssens Linda Gasser 6346 Clemens Road 7421 Best Road `s R.R. #5 P.O. Box 399 Bowmanville, Ontario Orono, Ontario L1 C 3K6 LOB 1 MO Durham Region Federation of Agriculture C/o Karen Yellowlees, Secretary Treasurer 4441 Malcolm Road Nestleton, Ontario LOB 1 LO .. �. 670 ATTACHME JT 1 Vr Lot 11 Lot 10 Lot 9 .r IN s IN Agric Itural ++ Rural Residential E estrian Orchard Centre q0 IRA ■ Subject Site Agric ural Winery/ Farmers market 1 c° • — o c c ■ � 1 Agricultural O z w p LU H co z w � w L Agricultu I U J � •� ■ig a CONCESSION ROAD 6 Rural esidential �— Darlington Key Map J CONCESSION ROAD 7 ZBA 2002-009 , SPA 2002-0079 COPA 2002-004 and ROPA 2002-003 Z Zoning By-law, Site Plan, , Y w w o Clarington Official Plan and a LU z L W m Regional Official Plan Amendments o w a + ► W m U Frederick Archibald CONCESSION ROAD 6 671 ATTACHMENT 2 LOT 10 Cash Crop. property Lint �F Existing Pick Your d own orchard " ti O 5 Ito Z Z O uj 3 Cn CC Centre Rood C/) ri Z s 40 x` O W Existing Pick Your / co Own Orchard Q No r: a �+. Eng Winery Residencv3arns Q T( t S Cash Crop .. Darlington Key Map �l S �ROAD ZBA 2002-009 , SPA 2002-0079 COPA 2002-004 and ROPA 2002-003 s I & Zoning By-law, Site Plan, ° I o & Clarington Official Plan and W W Regional Official Plan Amendments rn co Frederick Archibald m CONC SION R 6 672 ATTACHMENT 3 AMENDMENT NO. 31 TO THE CLARINGTON OFFICIAL PLAN ,r PURPOSE: To allow a nine hole pitch and putt golf course as a secondary use on Part Lot 10, Concession 6, Former Township of Darlington, 6275 Liberty Street North. •.r BASIS: An application to amend the Official Plan to permit a nine hole pitch and putt golf course on lands designated "Prime Agricultural Area" and further described as Part Lot 10, Concession 6, Former Township of Darlington, 6275 Liberty Street North, was received An amendment to the Clarington Official Plan is necessary to allow the proposed nine hole pitch and putt golf course as secondary to the permitted agricultural use. A number of studies including hydrogeological, turf management and agricultural assessment were prepared in support of this application. The studies conclude that there will be no significant impact on the existing and surrounding agricultural area.nor on the nearby stream or wetland. .r ACTUAL AMENDMENT: The Clarington Official plan is hereby amendment by: .► i) adding a new subsection to Section 23 Exceptions as follows: "23.14.3 Notwithstanding Section 13.3, a nine hole pitch and putt golf course is a permitted accessory use on those lands identified by assessment number 18-17-010-110-18600-000 located in Part of Lot 10, Concession 6, Former Township of Darlington, 6275 Liberty Street North. Zoning and site plan requirements will ensure that: a) the pitch and putt golf course will not occupy more than 10% of the total lot area; b) appropriate buffers and fencing will be incorporated into the design; c) permanent washroom facilities will be provided to the 40 satisfaction of the Region of Durham; d) the site plan and design incorporate best management practices; and e) appropriate monitoring and mitigation measures be taken. 673 ii) adding a new definition to Section 24.13 as follows: "Pitch and Putt Golf Course An area of land operated for the purpose of a par 3 golf course in which the maximum distance from the tee to hole shall be 160 metres. A pitch .. and putt golf course shall not include accessory uses such as a golf driving range, a mini-putt, a club house, a restaurant or a bar. A pitch and putt golf course shall be designed with no changes to existing natural grade with the exception of minimal changes for tees and greens". IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, .• regarding the interpretation of the Plan, shall apply in regard to this amendment. .. 674 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-Law to adopt Amendment No. 31 to the Clarington Official Plan .r *0 WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the construction of a nine hole pitch and putt golf course as an accessory use to a farm winery; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 31 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted; 2. That the Clerk of the Municipality of Clarington is hereby authorized and directed +wr to make application to the Regional Municipality of Durham for approval of the aforementioned Amendment No. 31 to the Clarington Official Plan; and 3. This By-Law shall come into force and take effect on the date of the passing hereof. By-Law read a first time this day of 2003 By-Law read a second time this day of 2003 By-Law read a third time and finally passed this day of 2003 ,nr John Mutton, Mayor so Patti L. Barrie, Municipal Clerk 675 +w. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHME�J 4 BY-LAW NUMBER 2003- being a by-law amend By-law 84-63,the Comprehensive Zoning By-law for the former Town of Newcastle WHEREAS,the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended,of the Corporation of the former Town of Newcastle to .. implement ZBA 2002-009; NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the Municipality of Clarington enacts as follows: wr 1. Section 6.4"SPECIAL EXCEPTION—AGRICULTURAL ZONE"is hereby amended by adding thereto the following new Special Exception 6.4.70 as follows: ,w "6.4.70 AGRICULTURAL EXCEPTION (A-70)ZONE Notwithstanding Sections 6.1 and 6.3, those lands zoned "A-70" on the attached Schedules to this By-law shall only be used and any buildings or structure thereon shall only be constructed in accordance with this by-law and the following definitions and zone rr regulations: a) Definitions i) Farm Winery: Shall mean the use of land, buildings or structures for the processing of ..• locally grown fruit,fermentation, production, bolting, aging and storage of wine and wine related products as a secondary agricultural use to a vineyard and/or fruit farm, where the fruit used in the production of the wine shall be predominantly from the vineyard and/or fruit from the farm located on the same land as the farm winery, or as part of the farmer's own farm operation. ii) Pitch and Putt Golf Course: Shall mean an area of land operated for the purpose of a par 3 golf course in which the maximum distance from the tee to hole shall be 160 metres. A pitch and putt golf course shall not include accessory uses such as a golf driving range,a mini-putt, a club house,a restaurant or a bar. A pitch and putt golf course shall be designed with no changes to existing natural grades with the exception of ninimal changes for tees and greens. ... b) Permitted Non-Residential Uses In addition to the other uses permitted in the"Agricultural Exception One (A-1) Zone", a pitch and putt golf course is permitted as an accessory use to a farm winery. C) Regulations i) The pitch and putt golf course can occupy a maximum area of 1.6 ha. 2. Schedule"1"to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1)Zone"to"Holding—Agricultural Exception(A-70) Zone" as illustrated on the attached Schedule"A"hereto. 3. Schedule"A"attached hereto shall form part of this By-law. This By-law shall come into effect on the date of the passing hereof,subject to the provisions of Section 17(2)and 34 (21)of the Planning Act. BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 w. BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L. Barrie, Municipal Clerk �, - 676 This is Schedule "A" to By-law 2003- , passed this day of , 2003 A.D. Lot 10 401.11 H R o co +++� Z C W n O W n n o rn C U W rrlr J ■l 400.81 +rri ® Zoning Change From "A-1" To "(H)A-70" John Mutton, Mayor Patti L. Barrie, Municipal Clerk CONCESSIO 4 ROAD 7 L ° II I II I I II II I II I II I Subject II II II i o Site II 1 o Of X I I I Z I I J N a0 W Z LLI W� W 1- W = (n --I W U m I O I I W I M I I J I I I I I I I I I CO CESSION ROAD 6 I Darlington - 677 REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 24, 2003 Report#: PSD-034-03 File #: PLN 23.5.12 By-law #: Subject: RETENTION OF CONSULTANT TO PEER REVIEW THE TERMS OF REFERENCE FOR THE HIGHWAY 407 EAST COMPLETION ENVIRONMENTAL ASSESSMENT - RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration - Committee recommend to Council the following: 1. THAT Report PD-034-03 be received for information; 2. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: 4Dav' . me, M.C.I.P.,R.P.P. Franklin Wu nning Services Chief Administrative Officer JAS*DC*df 14 March 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 678 REPORT NO.: PSD-435-03 PAGF R REPORT NO.: PSD-035-03 PAGE 8 boundaries to be revised. The new wording in the revised amendment addresses the Municipality's concern in this regard. REPORT NO.: PSD-035-03 PAGE 10 to provide more of a leadership role in the implementation of the Conservation Plan. Attachments Attachment 1 - ROPA 2002-007 (Amendment A) Attachment 2 - ROPA 2002-008 (Amendment B) Interested parties to be notified of Council and Committee's decision: Alex Georgieff Regional Municipality of Durham 1615 Dundas Street East 4th Floor, Lang Tower P.O. Box 623 Whitby, ON L1 N 6A3 .�r Attachment 1 Proposed Regional Official Plan Amendment A: Oak Ridges Moraine Conservation Plan Purpose: The purpose of this amendment is to integrate the main principles of the Oak Ridges Moraine Conservation Plan (Ontario Regulation 140/02) into the Durham Regional Official Plan (ROP) in order to bring the ROP into conformity with the Oak Ridges Moraine Conservation Plan as required by the Province. Location: Any and all lands located in the Region of Durham which are subject to the Oak Ridges Moraine Conservation Plan as indicated on Exhibit A to this Amendment, as defined by Ontario Regulation 01/02. Basis: On December 14, 2001 the Oak Ridges Moraine Conservation Act, 2001 received �. Royal Assent and was deemed to have come into force on November 16, 2001. The legislation provides for the establishment of the Oak Ridges Moraine Conservation Plan by regulation. On April 22, 2002, Ontario Regulation 140/02—Oak Ridges Moraine Conservation Plan, was released and deemed to come into effect on November 16, 2001. The Oak Ridges Moraine is one of Ontario's most significant landforms. It has a unique concentration of environmental, geological and hydrological features including: • Clean and abundant water resources; • Healthy and diverse plant and animal habitat; • An attractive and distinct landscape; -Prime agricultural areas; and • Sand and gravel resources close to market. The Oak Ridges Moraine Conservation Plan builds on years of effort by provincial ministries, the Regions of Durham, Peel and York (Tri-Regional Oak Ridges Moraine Strategy), the Conservation Coalition, Moraine-area municipalities and key stakeholders, to provide clarity and certainty about the long-term protection and management of this vital natural resource. Through the Oak Ridges Moraine Conservation Act, 2001 and the accompanying Conservation Plan, the Province of Ontario has set a policy framework for protecting the Oak Ridges Moraine. Municipal planning decisions are required to conform with the Oak Ridges Moraine Conservation Plan, which takes precedence over municipal official plans. However, the Region of Durham and its area municipalities may, where the Plan low NAStrategic PB\Policy\Environmental\Oak Ridges Moraine\amendmentA- rev Jan 29.doc 1 �- 694 a+ .r DRAFT — January 29, 2003 permits, adopt official plan policies and zoning by-law provisions that are more restrictive than the Oak Ridges Moraine Conservation Plan. The boundary of the Oak Ridges Moraine has been identified by the Province and is based on a number of topographical, geomorphological and geological attributes. This Regional Official Plan Amendment incorporates this boundary into Map 'A' - Regional Structure, and designates all lands within the boundary as Oak Ridges Moraine (refer to Exhibits B1 to B4 of the actual amendment). Together with existing ROP policies, the policies of the Oak Ridges Moraine Conservation Plan shall govern development in the Oak Ridges Moraine. Land currently designated as Oak Ridges Moraine in the ROP, but which lie outside of the new boundary, are redesignated in a separate • accompanying amendment. This amendment also adds three new maps to the ROP. Map 'D' — Oak Ridges .r Moraine Land Use (refer to Exhibit C of the actual amendment) which designates the land use categories for the Oak Ridges Moraine and is based on the land use categories established by the Province for the Oak Ridges Moraine Conservation Plan. Map 'E' — Natural Heritage System (refer to Exhibit D of the actual amendment) identifies the location of Key Natural Heritage Features and Hydrologically Sensitive Features on the Oak Ridges Moraine. This map is based on information provided by the Province. Map 'F' — Oak Ridges Moraine Aquifer Vulnerability (refer to Exhibit E of the actual amendment), which illustrates the areas of high aquifer vulnerability. This map is also based on information provided by the Province. This amendment changes existing ROP policies by including references to the Oak Ridges Moraine Conservation Act and Plan, as these policies take precedence over the ROP policies, except where the ROP policies are more restrictive. In addition, this amendment adds a new subsection to the Major Open Space Section of the ROP to specifically address the provisions of the Oak Ridges Moraine Conservation Plan. The Oak Ridges Moraine Conservation Plan provides definitions for terminology used throughout the Conservation Plan. For consistency in the interpretation of terminology that applies to the Oak Ridges Moraine area and distinguish from terms used elsewhere in the ROP these terms have been italicized and readers are directed to the Oak Ridges Moraine Conservation Plan for the definition. Actual Amendment: The Durham Regional Official Plan is hereby amended by: .r 1) Deleting the word "and" after the words "adversely affected" in Section 2.3.4 c) and adding a new subsection e) as follows: "e) and; ensure that, for lands located on the Oak Ridges Moraine, stormwater management and subwatershed plans meet the requirements of the Oak Ridges Moraine Conservation Plan." r 695 2 w DRAFT — January 29, 2003 2) Adding to the end of Section 4.3.11 f) the following sentence: "However, granny flats/gardens suites are not permitted in the Oak Ridges Moraine."; �- 3) Adding to Section 5.2.1 the following sentence: "In addition, within the Oak Ridges Moraine, such uses may only be permitted in the Countryside and Settlement Areas, subject to the provisions of the Oak Ridges Moraine Conservation Plan.", after the words "General Agricultural Area"; 4) Adding to the end of Section 5.3.5 the following sentence: "In addition, within the Oak Ridges Moraine, the establishment of cemeteries may only be permitted in the Countryside and Settlement Areas, subject to the provisions of the Oak Ridges Moraine Conservation Plan."; .. 5) Adding to the end of Section 5.3.24 the following sentence: "The construction or expansion of partial services is prohibited in the Oak Ridges Moraine unless it is deemed necessary to address a serious health or environmental concern."; 6) Adding to the end of Section 5.3.25 the following sentence: "in addition, within the Oak Ridges Moraine, such uses may only be permitted in the Countryside or Settlement Areas, subject to fulfilling the specific requirements of the Oak Ridges Moraine Conservation Plan."; 7) Adding to Section 7.2.1 d) the following: "which also addresses the applicability of the Oak Ridges Moraine Conservation Plan." after the words "Section 14"; -- 8) Adding to the end of Section 12.3.3 the following sentence: "In accordance with the policies of the Oak Ridges Moraine Conservation Plan, fur farms, agro-forestry and aquaculture shall be permitted in the Oak Ridges Moraine."; 9) Deleting the word "and" after the words "Regional Standards" in Section 12.3.8 (v) and adding a new subsection (vii) as follows: "and; (vii) where applicable, meet the requirements of the Oak Ridges Moraine Conservation Plan."; 10) Adding to Section 12.3.9 the following sentence: "In the Oak Ridges Moraine, the secondary dwelling may only be a temporary, mobile or portable unit." after the words "may be permitted."; 11) Adding to the end of Section 12.3.10 the following sentence: "In the Oak Ridges Moraine, severances of 40 hectare parcels or greater may be permitted only if the subject properties have previously merged in title and the severance follows the original lot lines or original half lot lines and the retained portion is at least 40 hectares."; 12) Adding to Section 13.3.14 the following sentence: "However, clusters are not permitted in the Oak Ridges Moraine." after the words "zoning by-law"; 96 3 U DRAFT — January 29, 2003 13) Adding to Section 13.3.15 the following sentence: "However, such development is not permitted in the Oak Ridges Moraine." after the words "is minimal"; 14) Adding to the end of Section 13.3.19 the following sentence: "No new country residential subdivisions shall be permitted in the Oak Ridges Moraine.; r 15) Adding to the end of Section 13.3.29 the following: "or in the Oak Ridges Moraine. The area municipalities shall ensure that the establishment of new uses on vacant lots of record in existing Rural Employment Areas on the Oak Ridges Moraine are consistent with the policies of the Oak Ridges Moraine Conservation Plan." after the words "Permanent Agricultural Preserve"; 16) Deleting section 14.1.4 and replacing with the following: 14.1.4 To protect the ecological and hydrological features and functions of the Oak Ridges Moraine in perpetuity as a vital component of the Region's natural, r" built and cultural environment and in support of the Province's vision of a continuous band of open space providing form and structure to south-central Ontario.'; 17) Deleting Section 14.3.4 and renumbering subsequent Sections accordingly; 18) Deleting Section 14.3.5 and renumbering subsequent Sections accordingly; 19) Deleting Section 14.3.6 and renumbering subsequent Sections accordingly; do 20) Deleting in Section 14.3.23, formerly Section 14.3.26, the word "and" after the word "valleylands" and adding the following: "and Oak Ridges Moraine Natural Core and Natural Linkage Areas" after the word "waterfront". 21) Adding a new subsection 14.4 as follows: "14.4 OAK RIDGES MORAINE 14.4.1 The Oak Ridges Moraine Conservation Act, and the accompanying Conservation Plan provides land use and resource management planning direction for protecting the Oak Ridges Moraine's ecological and hydrological features and functions. Regional Council is committed to the implementation of the Oak Ridges Moraine Conservation Plan. The major provisions of the Oak Ridges Moraine Conservation Plan have been incorporated into this Official Plan. These policies must be read in conjunction with the detailed provisions of the Oak Ridges 697 4 DRAFT — January 29, 2003 Moraine Conservation Plan and other relevant provisions of this Official Plan, area municipal official plans and zoning by-laws. Specific terms that are defined in the Oak Ridges Moraine Conservation Plan and contained in the policies of this Official Plan are italicized. 14.4.2 The Oak Ridges Moraine is designated on Map 'A' - Regional Structure. The boundary coincides with the boundary defined in the Oak Ridges Moraine Conservation Plan. The provisions of the Oak Ridges Moraine Conservation Plan shall apply to all of these lands. In case of discrepancy regarding the southern boundary, a Licensed .. Ontario Land Surveyor shall be consulted to define the 245 metre contour. 14.4.3 Within the Oak Ridges Moraine, only applications for development and site alteration that conform with the Oak Ridges Moraine Conservation Plan will be considered. The following land use categories, shown on Map 'D' -Oak Ridges Moraine Land Use, govern the use of land within the Oak Ridges Moraine. The exact internal boundaries of the land use categories may be further refined in area municipal official plans �- and zoning by-laws in accordance with the provisions of the Oak Ridges Moraine Conservation Plan. VIM a) Natural Core Areas are areas with a high concentration of key natural heritage features, hydrologically sensitive features or landform conservation areas. Their purpose is to maintain, improve and restore the ecological integrity of the Moraine as a whole. New permitted uses are very limited, relating to conservation and resource management and include home businesses, home industries, bed and breakfast establishments, farm vacation homes, low-intensity recreation and agricultural uses provided they meet the tests for maintenance, restoration or enhancement of ecological and hydrological integrity and specific policies contained in the Oak Ridges Moraine Conservation Plan. " b) Natural Linkage Areas are areas forming part of a central corridor system, the purpose of which is to maintain, improve and restore the ecological integrity of the Moraine. Natural Linkage Areas support, or have the potential to support, movement of plants and animals among the Natural Core Areas and along river valleys and stream corridors. Limited new uses include those permitted in the Natural Core Area as well as mineral aggregate operations and wayside pits subject to •- meeting the requirements of the Oak Ridges Moraine Conservation 5 698 DRAFT — January 29, 2003 Plan. c) Countryside Areas are areas of existing rural land use, intended to protect prime agricultural areas, provide for the continuation of agricultural and other rural land uses and maintain the character of Rural Settlements. Permitted uses include those uses permitted in Core and Natural Linkage Areas as well as agriculture-related uses, small-scale commercial, industrial, and institutional uses and major •• recreational uses consistent with the policies of this Official Plan. Prime agricultural lands are shown on Map 'D' — Oak Ridges Moraine Land Use. In accordance with the policies of the Oak Ridges Moraine Conservation Plan small-scale commercial, industrial and institutional uses and major recreational uses shall not be permitted on prime agricultural lands. Notwithstanding the Oak Ridges Moraine Conservation Plan, unserviced parks shall not be permitted on prime agricultural lands, consistent with the Agricultural policies in Section 12 of this Official Plan. The Oak Ridges Moraine Conservation Plan's identification of Rural Settlements on the Moraine includes those areas designated as Hamlets on Map 'A' — Regional Structure and are generally defined on Map D'. Hamlets are part of the Countryside designation and are intended to provide opportunities for minor residential infill and small-scale industrial, commercial and institutional uses. Any development or site alteration in a hamlet on the Moraine shall be in accordance with the policies in Section 13 of this Official Plan, area municipal official plans and the Oak Ridges Moraine Conservation Plan. d) Settlement Areas are intended to focus and contain urban growth while protecting the ecological and hydrological integrity of the Moraine. A portion of the Uxbridge Urban Area is within the Settlement Area category. A range of residential, commercial, industrial and institutional uses is permitted. The policies of the Township of Uxbridge Official Plan and this Official Plan shall guide development, subject to the applicable provisions of the Oak Ridges Moraine Conservation Plan. 14.4.4 Transportation, Infrastructure and Utilities uses are only permitted within the Oak Ridges Moraine if the appropriate Environmental Assessment Study has demonstrated the need and there is no reasonable alternative to the undertaking. An undertaking for a 6 � 699 irr DRAFT — January 29, 2003 transportation, infrastructure or utilities use within the Natural Core Area, Natural Linkage Area, a key natural heritage feature and/or a hydrologically sensitive feature is required to demonstrate that the �- requirements of the Oak Ridges Moraine Conservation Plan for protecting the ecological and hydrological integrity of the area have been fulfilled. 14.4.5 Major recreational uses within the Countryside Areas of the Oak Ridges Moraine shall be considered by amendment to this Official Plan ,., and must conform with the Oak Ridges Moraine Conservation Plan. 14.4.6 Key natural heritage features refer to wetlands, significant portions of the habitat of endangered, rare and threatened species, fish habitat, Areas of Natural and Scientific Interest (life science), significant valleylands, significant woodlands, significant wildlife habitat and sand barrens, savannahs and tallgrass prairies. Hydrologically sensitive W` features refer to permanent and intermittent streams, wetlands, kettle lakes and seepage areas and springs. Key natural heritage features and hydrologically sensitive features are shown on Map 'E'- Natural Heritage System. However this map does not include significant portions of the habitat of endangered, rare and threatened species, significant valleylands, significant wildlife habitat, and seepage areas and springs. These features shall either be identified on a site-by-site basis or through the appropriate study such ■- as a watershed plan, prior to undertaking any development or site alteration within the Oak Ridges Moraine. �. 14.4.7 Development and site alteration shall be prohibited within key natural heritage features and hydrologically sensitive features and their related minimum vegetation protection zone as identified by the Table in Part III of the Oak Ridges Moraine Conservation Plan. Within the portion of the Uxbridge Urban Area that falls within the Oak Ridges Moraine, the required minimum vegetation protection zone identified in an Environmental Impact Study shall prevail. 14.4.8 A natural heritage evaluation and/or a hydrological evaluation, as detailed in the Oak Ridges Moraine Conservation Plan is required .. where new development or site alteration is proposed within the minimum area of influence surrounding a key natural heritage feature and/or a hydrologically sensitive feature as identified by the Table in Part III of the Oak Ridges Moraine Conservation Plan. This evaluation shall: 7 6 9941 wr DRAFT — January 29, 2003 a) demonstrate that the development and site alteration applied for will have no adverse effects on the features and functions of the key natural heritage feature and/or the hydrologically sensitive feature; b) identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the key natural heritage feature and/or hydrologically sensitive feature; c) demonstrate how connectivity within and between key natural heritage features, hydrologically sensitive features, Natural Core Areas and Natural Linkage Areas will be maintained and improved during and after construction; d) determine whether the minimum vegetation protection zone is sufficient to protect the features and its functions and if not, specify whether a greater protection zone is necessary; and e) ensure compliance with the requirements of the Department of Fisheries and Oceans where fish habitat is of concern. 14.4.9 No new agricultural uses and/or agriculture-related uses shall be permitted within a key natural heritage feature and/or a hydrologically sensitive feature and their associated minimum vegetation protection zone. 14.4.10 Notwithstanding Section 14.4.7, an application for a mineral aggregate operation or wayside pit within a key natural heritage feature may be approved if the key natural heritage feature is occupied by young plantations or early successional habitat, and the specific requirements of the Oak Ridges Moraine Conservation Plan are fulfilled. 14.4.11 Regional Council shall, in consultation with area municipalities and the Conservation Authorities, prepare and endorse watershed plans, including water budgets and conservation plans, to satisfy the requirements of the Oak Ridges Moraine Conservation Plan for every watershed having streams originating on the Moraine. Watershed plans shall provide knowledge of the groundwater and surface water systems and recommend how water resources are to be protected and enhanced in response to changing land uses as a guide to planning decisions. Appropriate objectives and requirements of the watershed plans shall be incorporated into this Official Plan by amendment. 6 / 902 8 ar�n n REPORT g y PLANNING SERVICES •. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 24, 2003 Report#: PSD-034-03 File #: PLN 23.5.12 By-law #: Subject: RETENTION OF CONSULTANT TO PEER REVIEW THE TERMS OF REFERENCE FOR THE HIGHWAY 407 EAST COMPLETION �. ENVIRONMENTAL ASSESSMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-034-03 be received for information; 2. THAT all interested parties listed in this report and any delegation be advised of Council's decision. r Submitted by: Reviewed by: David . Crome, M.C.I.P.,R.P.P. Franklin Wu Dir or, Planning Services Chief Administrative Officer gap JAS*DC*df 14 March 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 678 REPORT NO.: PSD-034-03 PAGE 2 0" 1.0 BACKGROUND 1.1 The extension of Highway 407 from its current terminus at Brock Road in Pickering to Highway 35/115, the associated transit way and the two proposed freeway links requires the preparation and approval of an Environmental Assessment (EA). The Ministry of Transportation initiated the EA Study in 2002. The Terms of Reference for the EA must be approved by the Ministry of the Environment (MOE) prior to the commencement of the Route Location/Concept Design EA. The Terms of Reference for the EA Study will consist of the following: ■ EA Terms of Reference ■ Appendix A—Transportation Planning/Need Report ■ Appendix B — Environmental Work Plans (cultural heritdge, cumulative effects, socio-economic, natural environment, archaeological, property contamination, technical, noise, air quality) ■ Report on External Consultation. .rr 1.2 A number of residents requested that the Municipality retain an independent transportation planning consultant to assist staff in the review of the Draft EA Terms of Reference. 1.3 On January 13, 2003, Council authorized the Director of Planning Services to hire appropriate consultants to review the Need and Justification Study and the Terms of Reference for the Highway 407 East .r Completion to an upset limit of $20,000.00.. The terms of reference for the consultant are also to include a presentation to Council and the Clarington Highway 407 Community Advisory Committee. 2.0 REQUEST FOR PROPOSALS 2.1 A Request for Proposals for the peer review assignment was forwarded to seven consulting firms. The RFP indicated that expertise and/or experience was required in the following areas: ■ Transportation studies 679 REPORT NO.: PSD-034-03 PAGE 3 0 Transportation demand forecasting ■ Environmental Assessments for provincial highways ■ Transportation economics ■ Experience in Durham Region. 2.2 Proposals were received from two firms — Ainley Graham and Associates .. from Belleville, and the IBI Group from Toronto. Both consultants would undertake the assignment for the upset budget limit of $20,000. The proposals were reviewed by staff from both the Planning Services and Engineering Services Departments. On the basis of this review, staff is recommending that the IBI Group be retained in accordance with Council's resolution of January 13, 2003 to undertake the peer review of the �. Highway 407 East Completion EA Terms of Reference. Attachment No. 1 to this report is an extract from IBI's proposal outlining their proposed approach to the peer review assignment. Attachment 1 - IBI's Proposed Approach to the Assignment Interested parties to be notified of Council and Committee's decision: Mr. Doug Allingham, P. Eng. The Clarington Highway 407 Totten Sims Hubicki Associates Advisory committee 300 Water Street c/o Planning Services Department """ Whitby, ON UN 9J2 Linda Gasser Mr. W.G. Paterson 7421 Best Road �. 1909 Bloor Street East P.O. Box 399 Bowmanville, ON L1 C 3K3 Orono, On LOB 1 MO .. Mr. John E. Waters John Slobodzian 1882 Bloor Street East Ontario Ministry of Transportation Bowmanville, ON L1 C 3K3 301 St. Paul Street St. Catherines, ON L2R 7R4 Mr. Bradford Soles 1750 Pebblestone Road Courtice, ON L1 E 21-5 - 680 ATTACHMENT 1 PROPOSAL—Highway 407 East Completion Peer Review PROPOSED APPROACH TO THE ASSIGNMENT .rr As described in the Request for Proposals dated February 2151, the Municipality of Clarington requires professional assistance to conduct a peer review of the Environmental Assessment Terms of Reference (EATR)and supporting documentation being released by MTO for the Highway 407 East Completion fa from Brock Road to Highway 35/115. This proposed transportation corridor will have a major impact on the Clarington from both a positive and negative perspective, and so the Municipality must participate in the project as a major stakeholder. This includes presenting a comprehensive review of the EATR to the .r Ministry in response to Municipal goals,policies and needs. As per the Request for Proposals, there are four main requirements in preparing this Peer Review: wr 1. Provide the Municipality with strategic advise on all aspects of MTO's Class EA For Provincial Transportation Facilities and how they have been applied to date in the preparation of the Highway 407 East Completion EA Terms of Reference. This includes a review of all Appendix B 40 Environmental Workplans that describe further works to be undertaken in the EA process; 2. Conduct an independent analysis of the Appendix A Transportation Planning/Need Report for the nr EA, since this represents the basis of any plans for the Highway 407 East Completion; 3. Assist the Municipality in preparing a formal response to MTO on the contents,methodology and conclusions of the EA Terms of Reference, and; 4. Present these Peer Review findings and conclusions to Municipal Council and the Clarington Highway 407 Community Advisory Committee. .r In response to these requirements, IBI Group experience with the EA process and transportation planning concludes that there are five elements of a successful peer review,which we will follow in the Clarington assignment: Professional—A proper peer review should be a positive exercise to identify the strengths and weaknesses of a completed assignment and how it was prepared, and to ensure conformity to all required policies and procedures (i.e. Ontario EA Act, CEAA,MTO Class EA for Provincial Transportation Facilities). It should also seek to identify areas of potential improvement in the assignment. Being a professional process,the purpose of a peer review is not to find fault with the assignment,proponent, methodology or authors. Objective—While it is important to understand and consider the needs of the client for whom a peer +■� review is conducted,the review process must still be conducted in an objective manner with no preconceived agendas or expectations. This also requires that all individuals and firms involved in preparing a peer review must no have real or perceived connections with the review subject. Credible—It is imperative that a peer review be conducted by individuals who are recognized experts in the relevant fields associated with the review subject. This is especially important in any review of an MTO assignment in order to ensure the Ministry recognizes the review has been conducted by a credible team with a strong working knowledge of MTO's policies and procedures, as well as the subject being reviewed, namely preparing Provincial Highway Terms of Reference. This means the reviewers must have proven experience working on MTO assignments. March 4,2003 �I 2 681 PROPOSAL—Highway 407 East Completion Peer Review Balanced—Major transportation facilities create both positive and negative impacts on the communities that they serve. For example,the public has become extremely sensitive about the socio-environmental affects of new or expanded transportation infrastructure, as shown by public and stakeholder response to many highway and roadway expansion projects. Some stakeholders are also lobbying for less highway and automobile dependence in favour of alternative modes and enhanced quality of life. Conversely, other stakeholders promote the positive aspects of a strong transportation system. A successful peer review must understand and respond to these multiple and sometimes competing interests with a balanced .. approach that favours no particular position. Focused Value—The environmental assessment process is extremely complex,with a large number of issues and subjects that need to be assessed. In response, we provide the best value for the budget by W. focusing our team expertise on all aspects of the Highway 407 East Completion EATR, with emphasis on the six most important elements,namely: 1. Transportation Planning/Need 2. Technical Alternatives 3. Natural Environment 4. Socio-Economics, 5. Cumulative Effects r. 6. External Consultation In the case of the other Environmental Workplans, since they deal primarily with EA objectives and •. directions for further study in the actual EA preparation,we have not included specific expertise for example in Air Quality or Noise. Our peer review team has dealt with these and other specialities in other EAs, and know the minimum requirements for such input into an EA Terms of Reference. If we feel that any objective or recommended direction for one of these speciality Workplans should be reviewed by an expert in the field, (i.e. heritage planning, archaeology,noise impacts or air quality impacts),arrangements will be made for such a review within the scope of this assignment. PEER REVIEW TASKS Once the EA Terms of Reference and Transportation Planning/Need Report are made available to the "w public,the IBI Group's Peer Review will commence the following five review tasks,with presentation of our final conclusions within 4 weeks. This will allow the Municipality to submit its position on the Terms of Reference based on our review report, and within the time limit set by MTO for responses. low Task 1: Project Initiation w. • meet with involved Municipal staff to discuss previous and existing responses to the Highway 407 East Completion project in order to confirm issues and positions; • request to meet with MTO team members to discuss the Terms of Reference(Note: the MTO team i0 may not be available during the public review period,but individual contacts via phone and e-mail should still be available); • meet with the Clarington Highway 407 Community Advisory Committee to discuss the Terms of Now Reference contents and implications and the Peer Review process, and also to solicit initial community response to the Terms of Reference; CAM IBI 3. March 4.1003 GROUP - 6 � 2 PROPOSAL—Highway 407 East Completion Peer Review ur Task 2: Review Assignments • assign the EA Terms of Reference documents to appropriate technical, socio-environmental and No economic experts on our team to review the following elements: • EA Terms of Reference—conformity of the document and contents to MTO and MOE requirements and guidelines; • Appendix A: Transportation Planning/Need Report—study area growth forecasting and sources,travel demand forecasting methodology, technical basis for the"Problem Statement", identification and rationale for"Alternatives to the Undertaking" (the Highway 407 East Completion), and methodology and criteria used in the impact assessment; • Appendix B: Environmental Workplans—information and inventory methods and sources, existing condition profiles and potential effects of the Undertaking, and; • Report on External Consultation—Review the report and associated project records to assess the scope,appropriateness and completeness of the external consultation program to date, rw including information presented at the two previous PICs and the third PIC this spring. Task 3: Document Peer Review Findings • based on the results of the review assignments,the review team will report their findings on the strengths,weaknesses, completeness and implications of the EA Terms of Reference relating to the Municipality of Clarington,and to the study area generally; +` • conformity of the Terms of Reference process and information MTO,MOE and CEAA standards and guidelines will be reported, as well as conformity to Municipal and Regional policies and plans; • the Peer Review documentation will include a description of the continuing EA process as described by the Terms of Reference, the Municipality's role and responsibility in this process and potential impacts on community stakeholders, and; .r► • if required, the Peer Review will describe the process to amend the Terms of Reference and/or the proposed Undertaking. Task 4: Present Draft Peer Review Findings • members of the review team will document and present to the involved Municipal staff our Review findings and conclusions, and solicit approval to proceed to the Community Advisory Committee and then Municipal Council to present the final Review findings. .r Task 5: Present Final Peer Review • the Peer Review process will conclude with the provision of our final Review report to members of the Community Advisory Committee and Council, followed by summary presentations on our findings, conclusions and recommendations to both groups. • the Peer Review report will then be used by the Municipality in further representations to MTO as provided by the continuing EA process. IBI March 4,2003 GROUP 4. 683 do • arm n Leadin the Wa REPORT B Y PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 24, 2003 Report#: PSD-035-03 File #: ROPA 2002-007; By-law #: ROPA 2002-008 o. Subject: PROPOSED AMENDMENTS TO THE DURHAM REGION OFFICIAL PLAN - OAK RIDGES MORAINE CONSERVATION PLAN law CONFORMITY AMENDMENTS W. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee Im recommend to Council the following: 1. THAT Report PSD-035-03 be received; am 2. THAT Report PSD-035-03 be forwarded to the Region of Durham Planning Department as the comments of the Municipality of Clarington on the Region's Im proposed amendments to the Durham Region Official Plan to bring the Plan into conformity with the Oak Ridges Moraine Conservation Plan FORTHWITH; and am 3. THAT the Durham Region Planning Department and all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: D vi . Crome, M.C.I.P.,R.P.P. "Franklin Wu vim Director, Planning Services Chief Administrative Officer JAS*DC*df 18 March 2003 w` CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 684 REPORT NO.: PSD-035-03 PAGE 2 .r 1.0 THE OAK RIDGES MORAINE CONSERVATION ACT AND PLAN 1.1 On December 14, 2001 , the Oak Ridges Moraine Conservation Act, 2001 (the Act) received Royal Assent and was deemed to have come into force on ,k November 16, 2001. The Act provides for the Oak Ridges Moraine Conservation Plan (ORMCP) to be established by regulation. On April 22, 2002, Ontario Regulation 140/02 — the Ridges Moraine Conservation Plan (ORMCP) — was released and was deemed to have come into effect on November 16, 2001. 1.2 The Act and the ORMCP provide land use and resource management direction for the Oak Ridges Moraine in order to protect its ecological and hydrological integrity. The ORMCP takes precedence over municipal official plans and zoning by-laws and municipal planning decisions are required to conform with the ORMCP. Municipalities are permitted to adopt official plan policies and zoning by-law provisions that are more restrictive than the ORMCP, except where prohibited by the Plan (mineral aggregate operations, wayside pits and agricultural uses). 1.3 Under the Act, upper tier municipalities such as Durham Region must adopt amendments to their Official Plans to bring them into conformity with and to .r implement the ORMCP by April 22, 2003. The deadline for area municipalities, including Clarington, to adopt conformity amendments to both their Official Plans and zoning by-laws is October 22, 2003. 2.0 REGION OF DURHAM CONFORMITY EXERCISE 2.1 The Region of Durham is proposing to adopt two concurrent amendments in order to bring their Official Plan into conformity with the ORMCP. Amendment A (ROPA 2002-007) is intended to incorporate the major provisions of the ORMCP into the Regional Official Plan (see Attachment No. 1). Amendment B (ROPA 2002-008) redesignates lands that are currently designated as 'Oak Ridges Moraine' in the Regional Official Plan but that lie outside of the new provincial boundary (see Attachment No. 2). 685 REPORT NO.: PSD-035-03 PAGE 3 .. 2.2 In order to meet the deadline established by the Act, the Region is currently proposing to have the revised amendments approved by Regional Planning .- Committee on April 1, 2003 with Regional Council approval on April 16, 2003. Amendment A will ultimately be approved by the Province under the process �- defined in the Oak Ridges Moraine Conservation Act. However, since the lands subject to Amendment B are not covered by the Act, the approval of this W- Amendment will follow the normal process set out under the Planning Act. This Amendment will come into effect upon provincial approval of Amendment A. .r Proposed Amendments A and B will be adopted as Amendment Nos. 89 and 90 respectively to the Regional Official Plan. 2.3 The Region circulated both an initial draft and a revised draft of the proposed oar amendments to the area municipalities. The Clarington Planning Services Department provided comments on the draft amendments by letter dated so January 13, 2003. Comments on the revised amendments were also provided by letter dated March 11, 2003. This staff report incorporates the comments on Ila the revised amendments provided in these letters (shown in Italics), in particular to what extent the Municipality's comments on the initial draft amendments have been addressed. These comments are focused on Amendment A since it is this amendment that is intended to incorporate the major provisions of the ORMCP into the Regional Official Plan. ` 3.0 OVERVIEW OF DRAFT AMENDMENTS AND COMMENTS 3.1 Amendment A has four major components, as follows: ■ changes to the text of the Plan to incorporate the major policies of the ORMCP; ■ changes to `Map A - Regional Structure' to recognize the province's legislated Moraine boundary and to ensure that all lands within this boundary are designated as 'Oak Ridges Moraine; ■ the addition of a new 'Map D - Oak Ridges Moraine Land Use'. This map designates all lands on the Moraine within one of the land use designations 686 REPORT NO.: PSD-035-03 PAGE 4 +1/ identified by the ORMCP - Natural Core Area, Natural Linkage Area, Countryside Area including Hamlets, and Settlement Areas. Prime agricultural areas on the Moraine, which generally correspond to lands currently designated in the Regional Plan as 'Permanent Agricultural , Reserve', are also identified as an overlay designation; ■ the addition of a new 'Map F — Oak Ridges Moraine Aquifer Vulnerability', .r on which highly vulnerable aquifers on the Moraine are identified. Amendment B only proposes changes to Schedule 'A' — Regional Structure'; no changes to the text of the Official Plan are proposed. 3.2 The Region's approach to implementing the ORMCP is largely premised on the fact that the Conservation Plan, as a provincial regulation, has the full force of law. Rather than incorporating many of the detailed provisions of the ORMCP, Amendment A seeks to establish a framework that, together with the ORMCP, would guide users in making land use planning decisions on the Moraine. As a result, many of the proposed new policies require the ORMCP to be consulted in order to determine the detailed policies that apply. For example, new Section 14.4.4 states that "major recreational uses within the Countryside Areas of the Oak Ridges Moraine shall be considered by amendment to this Official Plan and must conform with the Oak Ridges Moraine Conservation Plan". The Staffs comments on the initial draft amendments expressed a concern with the lack of detail in the proposed amendments and the extensive reliance on referring the reader to the ORMCP. As the upper tier municipality, the Region should assume a leading role in both improving the public's use and understanding of the Plan. Such an approach would decrease public frustration with the Conservation Plan, thus benefiting both the public and municipal staff. .r In our opinion, the public is not well-served by being required to refer to and interpret the many inter-connected and overlapping policies in the Conservation Plan. . .r 687 00 REPORT NO.: PSD-035-03 PAGE 5 faw The revised amendments have made the Regional Plan somewhat more "user- friendly" for the public by incorporating more detailed policies on permitted land am uses and outlining the study requirements for natural heritage and hydrological evaluations. However, of the approximately 60 policies in the revised WjW amendments, about one-third still refer the reader back to the ORMCP. Of particular note is proposed Section 14.4.14 which would require the reader to travel to Ministry of Natural Resources offices in order to view maps showing the location of landform conservation areas. We strongly urge the Region to include Landform Conservation mapping in their Official Plan and to include more detailed policies in the Official Plan to minimize the public's need to refer to the ORMCP. ` 3.3 The Region's proposed amendments would appear to require much of the detailed implementation of the ORMCP to be accomplished through area municipal official plans and zoning by-laws. For example, the amendments would require aquifer vulnerability and landform conservation mapping to be incorporated into both area municipal official plans and zoning by-laws (Sections 14.4.13 and 14.4.14). As well, area municipalities would be required to adopt �. "innovative" approaches in implementing the ORMCP through amendments to their official plans and zoning by-laws. Staff indicated in comments on the draft amendments that they did not offer .. sufficient guidance to area municipalities in the preparation of conformity amendments to their official plans and zoning by-laws. We had suggested that the Region's amendment should address the actual mechanics of implementation at the local level by providing a policy structure that municipalities .. could follow and by including policies in Section 20 (Implementation). This would not only facilitate the implementation exercises for area municipalities, but would provide for greater consistency in approach to the Moraine across Durham Region. 688 REPORT NO.: PSD-035-03 PAGE 6 ,r► The revised amendments incorporate more "instructions" as to what information should be included in local planning documents - for example, permitted uses in the Countryside designation. However, the revised amendments still do not provide any overall guidance as to Regional specific issues or implementation approaches that the municipalities could use. In this regard, the requirement , that area municipalities adopt innovative approaches to implementing the ORMCP is perplexing. No examples of such innovative approaches are given, nor is it indicated who will determine what is considered to be innovative. It is also unclear why this requirement is mandatory. Similarly, the requirements to incorporate aquifer vulnerability areas and landform conservation areas into zoning by-laws may be problematic. Area municipalities will have difficulty in formulating a zoning framework for the ORMCP and until it is demonstrated that zoning can adequately address these issues the policies should be deleted or revised to remove this requirement. .r 3.4 Most of the new policies proposed by the amendments to the Regional Plan are located in Part B of the Plan — Structural Policies, including Section 12 (Agricultural Areas), Section 13 (Rural Settlements), and Section 14 (Major Open Space System). A complete new sub-section entitled "Oak Ridges Moraine" has been included in Section 14. The new policies focus largely on what land uses are permitted on the Oak Ridges Moraine. In Staff's comments on the draft amendments, we noted that that the •• amendments focused on structural policies and did not incorporate the basic principles underlying the ORMCP. We suggested that policies to reflect the •� vision of the Conservation Plan should be included in Part A — Basic Directions, in particular Section 1 (Basis, Goals and Direction) and Section 2 (Environment). We also suggested that, for similar reasons, policies should be included in Section 7 (Regional Structure) that recognizes the importance of the Moraine to the structure of the Region. However, the revised amendments do not include 689 i REPORT NO.: PSD-035-03 PAGE 7 any new policies that reflect that the vision of the ORMCP has been embraced and incorporated into the basic directions of the Regional Plan. 3.5 The revised amendments include a new section in Section 20.4.4 that would permit area municipalities to zone to permit the continuation, expansion or enlargement of legally existing uses on the Moraine, provided that the requirements of Parts III and IV of the ORMCP have been addressed. These parts of the ORMCP describe specific planning, design and development restrictions that need to be met in order to protect the ecological and hydrological integrity of the Moraine. The inclusion of this policy addresses a concern expressed by Municipal Staff that the draft amendments would not permit existing uses that do not conform to the ORMCP to be recognized in either official plans or zoning by-laws. We had stated that the Conservation Plan does not prohibit the recognition, or indeed the expansion, of legally existing non-conforming uses, provided that the requirements set out in the Conservation Plan are met and that the amendments should be revised to reflect this. However, the revised policy does not define what would constitute an "existing use"as defined by the ORMCP (ie. lawfully in existence on November 15, 2001) versus an "existing use" in other contexts within the Durham Regional Official Plan. The amendment should be further revised to clarify this. 3.6 The revised amendments propose to include a new section (14.4.3) that will permit area municipalities to further refine the exact internal boundaries of land use designations on the Moraine in their official plans and zoning by-laws. The draft amendments would have only permitted hamlet boundaries to be further refined in local planning documents. We pointed out in our comments on the draft amendments that the ORMCP would permit all internal land use 690 .p REPORT NO.: PSD-035-03 PAGE 8 boundaries to be revised. The new wording in the revised amendment addresses the Municipality's concern in this regard. r 3.7 The new 'Map D — Oak Ridges Moraine Land Use', which designates all land on the Moraine within one of the four land use designations identified by the .o ORMCP, also identifies prime agricultural areas on the Moraine as an overlay designation. Policies prohibiting such uses as small scale commercial, industrial so and institutional uses, and major recreational uses on these lands are included in Section 14 of the Regional Official Plan. The lands identified by the amendments •+ as prime agricultural areas generally correspond to lands currently designated "Permanent Agricultural Reserve'. as The identification of prime agricultural lands on the Moraine and the inclusion of at restrictive land use policies addresses a concern identified by the Municipality with the draft amendments. Municipal staff had suggested that the Official Plan • should continue to specifically identify and protect Permanent Agricultural Reserve land in recognition of the its higher value for agriculture. We also noted �+ that the ORMCP also differentiates between "prime agricultural areas"and "areas designated primarily for agricultural uses in the applicable official plan." 3.8 The proposed amendments to the Regional Plan propose to italicise terms that are used in the ORMCP as a means to advise the reader to refer to the Conservation Plan for the definition. A large number of terms are proposed to be italicised and include: ecological and hydrological features and functions; natural heritage features; home businesses and home industries; mineral aggregate operations, and small-scale commercial, industrial and institutional uses. Staff indicated in its comments on the draft amendments that, although we agree with this general approach, it places the burden on the reader to find the definition in the ORMCP. We had suggested that all of the definitions found in . .r 691 "" REPORT NO.: PSD-035-03 PAGE 9 •• the ORMCP and used in the Regional Plan be included in a technical appendix to the Regional Plan. In particular, including the ORMCP definition of "existing No uses"in the Regional Plan would assist in the interpretation of Section 20.4.4 e). �- 3.9 The revised amendments (Section 14.4.5) indicate that an official plan amendment would be required for major recreational uses within the Countryside designation. The draft amendments would have required an official plan amendment for all recreational uses on the Moraine. Municipal Staff noted in its initial comments on the draft amendments that the ORMCP permits low intensity recreational uses across the Moraine. The revised policy addresses the Municipality's concern. 3.10 Both the draft and revised amendments contain a number of policies (Section 14.4.15 — 14.4.19) that state that the Region shall participate with other agencies in the development of data management systems and long term health indicators for the Moraine, and the development of implementation guidelines for the ORMCP. Staff's comments on the draft amendments that the Region should assume the lead role in coordinating and implementing data management and monitoring for the Oak Ridges Moraine. As the upper tier municipality, the Region is the only agency that can ensure a consistent approach to the management of data and the monitoring of the Moraine across the entire Region. However, the proposed .. amendments would not appear to envision such a role for the Region. aw 4.0 CONCLUSION 4.1 The amendments to the Regional Plan to implement the ORMCP will set the policy framework that the area municipalities, including Clarington, must adhere to when undertaking their conformity exercises. We continue to urge the Region M.. 692 REPORT NO.: PSD-035-03 PAGE 10 to provide more of a leadership role in the implementation of the Conservation .� Plan. Attachments Attachment 1 - ROPA 2002-007 (Amendment A) Attachment 2 - ROPA 2002-008 (Amendment B) Interested parties to be notified of Council and Committee's decision: Alex Georgieff Regional Municipality of Durham 1615 Dundas Street East 4th Floor, Lang Tower P.O. Box 623 Whitby, ON L1 N 6A3 wri wr - 693 '� ..1 DRAFT — January 29, 2003 �- 14.4.12 Wellhead protection areas are zones around municipal wells where land uses must be carefully planned to protect the quality of the water supply. Regional Council shall initiate amendments to this Official Plan to: a) establish the location and extent of wellhead protection areas for all .. existing and future municipal wells; b) identify and incorporate wellhead protection area policies; and c) restrict or prohibit the establishment of land uses such as: the generation and storage of hazardous waste or liquid industrial .. waste; storage of petroleum fuels, petroleum solvents, chlorinated solvents, pesticides, herbicides, fungicides, inorganic fertilizers, road salt, construction equipment, and severely toxic chemicals identified by Provincial Regulation; and waste disposal sites and facilities, organic soil conditioning sites and snow storage and disposal facilities; in wellhead protection areas. 14.4.13 Aquifer vulnerability refers to the susceptibility of the groundwater aquifer to contamination from both human and natural sources. Areas of high aquifer vulnerability are shown on Map F — Oak Ridges Moraine Aquifer Vulnerability. This mapping shall be incorporated into the area municipal official plans and zoning by-laws. �. Within areas of high aquifer vulnerability the establishment of land uses such as: the generation and storage of hazardous waste or liquid industrial waste; waste disposal sites and facilities; organic soil �. conditioning sites and snow storage and disposal facilities; underground and above-ground storage tanks that are not equipped with an approved secondary containment device; and storage of severely toxic chemicals identified by Provincial Regulation; shall be prohibited. 14.4.14 Landform conservation areas consisting of steep slopes and representative landforms that shall be protected for their contribution to ecological integrity and hydrologic function. Maps identifying the location of landform conservation areas are filed at Ministry of Natural Resources offices. Applications for development or site alteration proposed in a landform conservation area (Category 1 and 2) shall be accompanied by the appropriate study as required by the Oak Ridges Moraine Conservation Plan. With respect to land in the Uxbridge Urban Area classified as Settlement Area, applications for development and site 9 69903 DRAFT — January 29, 2003 alteration shall adopt planning, design and construction practices which will minimize disturbance to landform character wherever possible. Area municipalities shall incorporate landform conservation area ■ mapping and policies into their official plans and zoning by-laws. 14.4.15 The Region, in cooperation with the Province and other stakeholders, r+ shall participate in the development and administration of effective and accessible data management systems for the Oak Ridges Moraine's natural heritage and groundwater information. 14.4.16 The Region, in cooperation with the Province and other stakeholders, shall participate in the development of a series of indicators to monitor , the long-term health of the Moraine and to assist in public education. 14.4.17 Nothing in this Plan prevents an area municipality from being more .r restrictive in either their official plans or zoning by-laws, except as limited by the Oak Ridges Moraine Conservation Plan (mineral aggregate operations, wayside pits and agriculture uses). 14.4.18 Area municipalities shall adopt innovative approaches in implementing the Oak Ridges Moraine Conservation Plan through amendments to their official plans and zoning by-laws. 14.4.19 The Region shall support the Province, in consultation with the area municipalities and other stakeholders, in the preparation of guidelines that assist in implementing the Oak Ridges Moraine Conservation Plan." r 22) Adding at the end of Section 15.2.1 the following: "and where applicable, conform with the Oak Ridges Moraine Conservation Plan."; 23) Deleting Section 19.2.5 and replace with the following: 19.2.5 In addition to the policies of this Official Plan, the development of mineral aggregate operations and wayside pits shall, where applicable, conform with the Oak Ridges Moraine Conservation Plan." 24) Adding at the end of Section 19A.3.7 the following sentence: "Where applicable, rehabilitation programs will conform with the Oak Ridges Moraine Conservation Plan." 10 "i 691 04 .o DRAFT — January 29, 2003 ■- 25) Deleting the word "or" after the word "coldwater stream" in Section 19A.3.9 a) and add the following: "or located on the Oak Ridges Moraine" after the words "recharge area"., 26) Adding a new Section 19A.3.10 as follows and renumber subsequent sections appropriately: r "19A.3.10 An application to amend this Official Plan to designate an Aggregate Resource Extraction Area or aggregate—related industrial use within the Natural Linkage Area of the Oak Ridges Moraine shall not be approved unless it is demonstrated that: a) there will be no extraction within 1.5 metres of the water table; and b) there will at all times be an excluded area of at least 1.25 kilometres wide, laying outside of the active or unrehabilitated portion of the site and connecting the Natural Linkage Area outside of the site in order to maintain connectivity." 27) Add a new Section 20.2.7 as follows and renumber subsequent sections appropriately: ■- "20.2.7 Changes as a result of new information shall be made to Maps 'E' and `F' without amendment to this Plan."; 28) Deleting the word "and" after the words "proposed use" in Section 20.4.4 c) and adding a new subsection e) as follows: "and; e) where applicable, conform with the existing use provisions of the Oak Ridges Moraine Conservation Plan, and provided that the use was lawfully existing on November 15, 2001 and the ecological and hydrological integrity of the area will be maintained, improved or restored."; r. 29) Adding at the end of Section 20.7.12 the following: and, where applicable, conform with the Oak Ridges Moraine Conservation Plan which contains restrictive lot creation policies that are intended to maintain, improve or restore the ecological and hydrological integrity of the Moraine"; 30) Adding a new Section 20.7.14 as follows: "20.7.14 In the Oak Ridges Moraine, a severance application to adjust a property boundary may be permitted if it will facilitate the conveyance of land to public bodies or non-profit entities for natural heritage conservation, provided a new lot is not created." 31) Adding a new Section 20.7.15 as follows: 11 �. b990a so WAS DRAFT — January 29, 2003 "20.7.15 In the Oak Ridges Moraine, no new lots may be created within or partially within a minimum vegetation protection zone of a key natural heritage feature and/or a hydrologically sensitive feature." r 32) Adding the Oak Ridges Moraine Conservation Plan boundary on Map 'A' and designating all lands within the boundary as Oak Ridges Moraine; removing the Environmentally Sensitive Areas in the Oak Ridges Moraine on Map 'A'; and removing Rural Employment Area 1 from Map 'A' and renumbering the other Rural Employment Areas. These changes are shown on Exhibits B1 to B4. r 33) Renumbering Schedules 4, 5, 6 and 7 in Part E to Schedules 6, 7, 8 and 9 respectively and adding new Schedule 4 — Map 'D' — Oak Ridges Moraine Land Use, as shown in Exhibit C, new Schedule 5— Map 'E' — Natural Heritage System, „ as shown in Exhibit D, and new Schedule 6 — Map F — Oak Ridges Moraine Aquifer Vulnerability as shown in Exhibit E. 34) Delete Rural Employment Area 1 from Schedule 8, formerly Schedule 6, and renumber the remaining Rural Employment Areas appropriately. Implementation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the implementation of this plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the interpretation of this plan shall apply in regard to this Amendment. r .r 80 12 69906 r BEAVERTAV NA M k�La:iiWY4a• �• k -fie +` ik l -•. • 1 G < x �r We fAfmY.!Se�!ei�� �1�iY ��-.� Iv r ■ill�llllll�lll� o � '!�� � �° ��l;�N o . NIA 1 .Illlh�l��l�l• 'll � � 17 � mlis ., * p w'�i.��M:-, ,;;�,.,r��,;� Illiil �I�t� l�►��1 re:l��=: �� _ ���ir�4�•- .�-�,��r �r��..• ��L=.��. Ilt : �■ 111 ' ;. ���� 11 yli EAU � o© o n c• — !% i ti V i - E• ' / - � o 1 lip_ C• I � , C• A a G A ............. ................ .............................................................. ................................................................................. ............. 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Permanent 6 Itural "me Subject P=t<�>,.R: ricultural to Section 14.3 ---------- From rve Subject to ORM 77...... Permanent to tion 14.3 o ORM to Section 14.3 From Permanent to ORM Agricuitural 70 j "Me serve Subject Fro m w Section 14.3 Permanent V..;— to ORM Agricult" Resmw Subject INN to Section 14.3 to ORM Fro� Fermat AN �HAYD N 0 Reserve E to sectio, V+- From to OR Permammt k Agricuttural Reserve From TYRO E z 4; NE Agricultural Re"Ne Subject to Section 14.3 to ORM SOLINA else LU ........... 0 H . ............... TAUNTON RD 1110• 74 72 71 ew 20 (R .......... 5 14 Oak Mom Mws�: a M..Wq.low 15 Ill 3 9911 tam j J 4 73 10JI a B4 !1 1 1 :1 1 I (1 1 1 1 1 1 1 1 , 1 :1 1 OO 42 44 79 ,w e 7S 1 ; I I 1 From + Permanent i/ 1 Agricultural jf From t ' f Reserve Subject pormrrttt ' Si ' to Section 14.3 /% Agrleukunl t to ORM i/ Reserve Subject 3 From to Section 11.7 i permanent b ORM v' p. Agricultural 1 x Reserve Subject lion 11.3 1 q a5 84 ; ( 115 _ „•`i. From i �:••i`. \,.. .�a^ -°-e,.: /VE .:> y,. •::;, Permanent 1 i ` ,,5 •:Ra' i` ,u:': Agricultural ' ONTARIO.�HYDRO * .. -Reserve...i I to ORM RBY z. .` 24 KENDAL...'' r From yW Permanent Agricultural Reserve RM .�;•��t5 's'l� From 1 a�.,�l.� + Permanent ' From SE Agriculture I Permanent i'� '� Reserve 1 D4 Agricult unI to ORM • Reserve F\\\rom to ORM Permanent 1 Agricultural Reserve 1 • r to ORM 1 • 1 F'- 1 ••,O'1S - i '. PIPELIN � •T�S-NORTHE ' 1 O0. PIPELI 1 ow wee.u>.r,.:aanarrr. 6 uln4ay a r•e•rrrAaw•a Iw.es,am :t�.eao 6991 I o � A V FS9 /j.yil ral P rs c o �64 Fa -JIM e � 0 .r Exhibit E r OFFICIAL PLAN OF THE REGIONAL MUNICIPALITY AB OF DURHAM OAK RIDGES MORAINE AQUIFER VULNERABILITY LAKE SIMCOE 1 MAP 1� LEGEND 7 IIIIIIIIIIIE HIGH AQUIFER VULNERABILrrY OAK RIDGES MORNNE CONSERVATION PLAN AREA REGIONAL ROAD 71 PROVINCIAL HIGHWAY 7 t 1 13 1w 6 11 7 NOTES: �] LAKE SCUGOG II TNISM FORMSPMRTOFTME p WfX:MIPLAN Of LSOREGgIML AND WSLRV OF DIIRIIAM AND MOST BE READ N CON.ANICTKN WRN 111E TEXT ])THIS MAP SHALL BE UPOATEO N CONSLATATKN WITH THE p MINISTRY OF THE ENVIRONAENT 7 WHENEVER NEW NFORMATI N BECOMES AVARAS E 17 ] 3)ROADS ARE FOR REFERENCE PURPOSES ONLY 4)SOURCES: OAK RIDGES MORAINE BOUNDARY: F MINISTRY Of MUHICFAL AFFWS 7 a HOUSING.]002.1:100,000 1 AQUIFER VUINERABILRY:MNISTRY 1 OF THE ENVIRONMENT,1:30,000 OL 5 >6 11 V 3 3 3 p 12 A 10 2 2 1 35 2 11 M1 b LAKE ONTARIO 69914 Attachment 2 Proposed Regional Official Plan Amendment B: �. Adjustments to Map 'A' — Regional Structure for Lands Outside of the Oak Ridges Moraine Defined by the Province Purpose: .� The purpose of this amendment is to update the land use designations on Map 'A' — Regional Structure in response to the changes that have resulted from integrating the Oak Ridges Moraine Conservation Plan into the Regional Official Plan. Location: .. All lands within the Region of Durham, excluding those that are included in the legislated boundary for the Oak Ridges Moraine, as defined by Ontario Regulation 01/02 Basis: The boundary of the Oak Ridges Moraine has been established by the Province of Ontario in Regulation 01/02, Plan of the Boundary of the Oak Ridges Moraine Area. The boundary is based on a number of topographical, geomorphological and geological attributes, including the 245 metre contour line along the southern boundary of the r- moraine. The Oak Ridges Moraine Conservation Plan only applies to those lands within the boundary. The Region of Durham is required to undertake an Official Plan Amendment to integrate the policies of the Oak Ridges Moraine Conservation Plan in the Regional Official Plan (ROP). Through the amendment process, the legislated Oak Ridges Moraine boundary has .. been added to Map 'A' — Regional Structure. As a result of this new boundary, land currently designated as Oak Ridges Moraine in the ROP, but lie outside of the legislated boundary must be redesignated. Based on air photo analysis and examination of surrounding land uses these areas are being redesignated as either Agricultural Area or Major Open Space System. The policies of the Oak Ridges Moraine Conservation Plan do not allow the Regional Official Plan to recognize Rural Employment Area No. 1, situated on the Oak Ridges Moraine. As a result, this Rural Employment Area has been deleted from Map 'A' — Regional Structure through Amendment A. Subsequently, this amendment serves to renumber the other Rural Employment Areas on Map 'A' — Regional Structure. This amendment will not come into affect until the Oak Ridges Moraine Conservation Plan Conformity Amendment is approved by the Minister of Municipal Affairs and is deemed to be in effect. w 69915 .r .r Actual Amendment: The Durham Regional Official Plan is herby amended by: 1) Amending Map 'A' - Regional Structure as indicated in Exhibit "A" and Exhibit "B" attached to this Amendment. Implementation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the implementation of this Plan shall apply in regard to this Amendment. •++ Interpretation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the interpretation of this Plan shall apply in regard to this Amendment. r ..i .�r 69916 d � o r LL d 3 wo 2 Z N �i m i O C 20 CL ZV+ y W=2 m V C li LL W 'I.V y LLLWLL OwO Q Z!qt +r. xEea o u s W ................... 1 i' .MP r , f 1� ! F I a a ; S 8, T ® © ® IF k t__, , i ® o; ............. .................................. .................................................................................................................................... ...................... ............. SANDFORD uj From Agricultural Reserve DAVIS DR ..77 From ORM to Permanent R•Nrve 41 From ORM to mew ON Open space T From ORM to 3 General LOT Agricultural Area UXBRIDGE 3 • 47 SILOAM F RM LOT to Liv Area 26 ki t Urban LOT CON, Frog 25 ORM to Vill to Mao. Rural I Open III$. Employment Agricultural Area MI d D From 2 to I CON VII <23 31 EmpkWment t 0 <�> — 0� is i Arm 1 to ORM 30 O 26 COFFINS 55 17 15 a CORNER! Rural Emplo Am Renu i GOODWOOD 2 F t 88 95 69 27 GLASGOW ———————————————— ————— ----- From ORM Open Space CLARtWN .................... 31 ......... ........ From Pemmmen• ... TRANS-CANADA GA 'A g via a ... ......................... Reserve From From Subject Permanent Permanent Section i Agricultural Agricultural to Perm Reserve Resems Agri Subject to Subject:to do Re Section 14.3 Section 14.3 to Permanent to mew Agricultural Open Spec* Reserve FEDERALAIRPORT LANDS CON 10R ............I ---------- .............. I . .................................................. ............ ............................................................ ...... ..................................................... ................... �... ......................................................... E I - ....................}..-GREENBANK......................................... ............. .......... .. ......... flMa I 36 A r From ORM to ,h Gamml �+ Agrimhural Ana • r. � C f CON VIII I� _.� Jill MID CON t. I 111111, 1 t, From ORM tito Major Open Spam s 10 EPSOM AR1 PORT 23 'CON VI c PERRY �• From ORM to Major LOT Own 6wu • - > S C LOT ¢ 7A ,5 Itae 92 r. i C UTICA MANCHESTER y From ORM to ' lt� Parmaant Agricultu VQ• �t0-BLOT £ 35 ral r Reserve 16 17 i C i!f• 61 i From ORM to - s Permanent i. Agricultural Reserve i Slow From ORM to <;;?• Permanent _ Agricultural c CHALK O 8 Rawrva � s —(----------- -- V._wma 33 t� ` F'FirmarleM mmnl - ---------- ----------------------- -F t 19 F Agricultural / eultoral _ 17 f `_• ormaant `:. R�wrw-6ub t'' -------- erw .` Agrcultural."- '6uty� o ;,' _..ao.BRM ,ARMdo.: !�L to 8aetloe _ 14.3 tp t S 'Eo Major PvTaMni a . P"SPaa- Agricult ural a :bBC•ce n � ora1°i,'i �•,•�it'ti 713FigURN Reswe�, i �•� trcM,l '� ':, , IAN to From ORM Mtn Mnt �. n1Aa)or I've f . tit .Y'• 67 �y K to P i ma • 22 t f :%' armaanen nt j 14.7 A Uhwltural PaG Reserve CON VIII ..tlon t 4. 7 F to pp Sactbn 14.7 �+p �+ i. 26 to P.—Invent f i. CON VII •From ORM to \ FF Aprieullunl a f PermamuMrt';;� t CON Reserra ',- t fir.. 't t t er. t 27T LOT D12 .i; N. t 4 4 am I k 7 23 ' r � r - •' Frorr <' Agrlcu 39 �' Or IadW raw:11 :4W. guMed nJ 9 1 .. • - �� x........ ........ NESTL A3 k7- 7A _ NESTLETON .. !± STATION f ALLIS POND i i BLACKSTOCK i i From 57 Permanent Q• From ORM to I Agricultural V Permanent Reserve Subject - Agricultural to Section Reserve to Permanent Agricultural - 1. Reserve ='• �. %'• From ORM to �� , ='''`'%"`•+"� - Permanent From ORM .�o.;. Agricultural to Major ' '°��'°• Reserve Open Specs From ORM to ' i Permanent 1 1. Agriculturai OReserve 83 � l i From ORM to From Permanent j Permanent Permanent 65 pR� i Agricultural Reserve U Agricultural i Subject to Section,4.3 m - Reserve i to Permanent .Agricultural Reserve i --------- - ---' - ---- - ------'------------------------------- - -- --- -------- --- GA•R i BURKETON 4, ' i .._..._..:_..._...ONTAR,IO,HYDito._..........._...,.•- x , nl S 1 ", From ORM t::_ Fjgm Open"M f. Rp,IiYO�t.grk Iq RI- Permanent :••. "• 5 o RewrYe -; : AgrlCOkural From ORM to SObjeq to`•:. e3 Reserve Permanent IMi ':1� \•- y -=SeellWI4.3, _,5uti eet to From ORM to Q to Pernit n�rN Fro 'HAYD eEion 14.3 ` < h' Agricultural PWRMNMt ^ t ! E IL ' er int to Permanent; ••-- ricub" 1. ' Ap oral AgCicukuraI ;.� *' From ORM morn 4 S. Fro 14.3 tiewrve w k OPon Spe ' to P rrrijlnent Frpm ORM Fro ti j. Agri ral ao Major Perme• t F e:.-s Apan Space Apne I rom ORM Re t v •� _ 'pe Major'• Re pe -e 4��.� i. >` 'k\ .•. n Space • Re to From Pegnanont From Seetloo,4.3 •."rs r ' i Agricultural Reserve Permanent TYR,lp,,p_erm rat 4• Subject to Section 14.3 Agricultural Agrit ..... •' i to Permanent Reserve Subject; Agricultural Reserve to Section 14.3 to Permanent ' Agricultural ':'From OR6T to. From ORM to Reserve Permanent Permanent Aprleukurai -:Age"l. Y Reserve Reserve ®SOLINA - 1A� O' From ORM to Major Open Spec1 Ifi1S Q• �!"'•.... O; HA O E. TAUNTON RD 4 4 74 72 71 FP? 20 5 14 or Rae.cur.:ae~. r1 — 34 u`+sraw+rfr uir.arorre.mom j j moon r jj 15 9 9Z J j 31 , g _ 141 I j 73 10 tlOT�lOT'-::,... ""TR11us:GN1 • a i A4 am aw r 1 1 it 1 am J 1 :1 1 1 1 :1 as ;1 ;1 :1 -------------------------------------------------------- 44 79 no O O <8> <8> e r 1 .. 1 trr m ORM to G imanertt // � liwltural (serve /� From ORM to i Permanent f r Reserve • lJ from ORM to ti 1 •rf a Pe��r�c�ru�una •Z Raaawn 35 ,, 84 1 t� ' ,•..•` ,� 'E 1 '-_� 115 i� t=� -r2 , 1 IORM IO imenent From 6Pu4uRl. permanent '4F .. _ .._.. ......1� reserve Reserve SY ry'�:i. z ,';.s.-�..2t ', 24 yY..;•.KENDAf. 9 ' cur p09 t' \" From O .to From ORM �-�.�} ` •�' Permau 1 Oto MS oru�W L ',4t� e1�. \'"1ti. i a^. Agriculture i W W v':�v�"r�gl�she t' � -,' c+•:.. ,x. From ORM e i t 7 yrYgItYRR�S � 1 �'+� L . f''. to Major i am ti ) s L'`RNlrve lLt �.1 '�l`t�.4 '. Open Space 1 47 ~ _ "� � IN j �f� `` From ORM to From .�,, ' �� ti k1 Permanent Permanent �` - Agricultural Reserve to Section to Permanent ti••' w,.t'L:l�r ,' k i Agrleukural t Rewne k � D4 ' From Permanent - Agricultural 1 Reserve Subject to s.otion 14.3 1 •"T�Ng, to Pemanent _ war '••�!1N Agricultural i Reserve 1 1 GA 1 I PIPELIN i I 1 ,.OIL PIPELI sae•.: or now uo,rr:aana.n. Irwr.r a unwa.arurr.a cure.tam aopaa 69921 • ClarIH60H Leading the Way REPORT irr ENGINEERING SERVICES DEPARTMENT r. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 24, 2003 Resolution #: Report#: EGD-11-03 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR FEBRUARY, 2003. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-11-03 be received for information. Submitted by: Reviewed by. A. S. Cannella, C.E.T. Franklin Wu ... Director of Engineering Services Chief Administrative Officer ASC*RP*bb March 5, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 .. 701 REPORT NO.: EGD-11-03 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of February 2003, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF FEB. YEAR TO DATE YEAR TO DATE 2003 2003 2002 Permits Issued 81 146 61 VALUE OF CONSTRUCTION Residential $10,959,236 $17,805,728 $5,555,153 w„ Industrial 0 $50,000 $100,000 Government 0 0 0 Commercial $35,111 $1351111 $25,325 Institutional $250,000 $265,000 $557,620 Agricultural 0 0 $39,100 Ontario Hydro 0 $17,000 $400,000 Miscellaneous 0 0 $91,600 TOTAL $11,244,347 $18,272,839 $6,768,798 1.2 With respect to non-residential building permit activities (over$250,000) and r large residential building permit activities, the details are provided as follows: APPLICANT CONSTR TYPE LOCATION VALUE Lakeridge Health [Alterations 47 Liberty Street $250,000 Attachment #1 — Monthly Building Permit Activity Report Attachment #2 — Historical Comparison of Building Permit 7n2 in Municipality of Clarington Building Services - Monthly Activity Report February 2003 x �- .,., 2003 2002 Type of Construction February Year to Date February Year to Date Residential: Single Detached 27 31 20 29 Semi-Detached 44 90 4 4 Townhouse 0 0 0 0 Apartment 0 0 1 1 Other Construction 6 15 5 11 Sub Total 77 136 30 45 Industrial: New Building 0 0 0 1 Addition/Alteration 0 1 0 1 Sub Total 0 1 0 2 Government: New Building 0 0 0 0 Addition/Alteration 0 0 0 0 Sub Total 0 0 0 0 r Commercial: New Building 0 0 0 0 Addition/Alteration 2 4 1 1 +r. Sub Total 2 4 1 1 Institutional: New Building 0 0 0 0 Addition/Alteration 1 2 1 1 ... Sub Total 1 2 1 1 Agricultural: New Building 0 0 0 1 Addition/Alteration 0. 0 0 1 Sub Total 0 0 0 2 Ontario Hydro: New Building 0 0 0 0 Addition/Alteration 0 1 0 1 Sub Total 0 1 0 1 HVAC,Plumbing&Miscellaneous: 0 0 3 8 Demolition: 1 2 1 1 TOTALS 81 146 36 61 a.' TIfJN �AATE CONSTRUC x � � 2003 2002 +�• February Year to Date February Year to Date Residential: $10,959,236 $17,805,728 $3,869,928 $5,555,153 Industrial: 0 $50,000 0 $100,000 • Government: 0 0 0 0 Commercial: $35,111 $135,111 $25,325 $25,325 an Institutional: $250,000 $265,000 $557,620 $557,620 Agricultural: 0 0 0 $39,100 Ontario Hydro: 0 $17,000 0 $400,000 Im Miscellaneous: 0 0 $17,600 $91,600 TOTALS $11,244,347 1 $18,272,839 $4,470,473 $6,768,798 SM 703 February 2003 .rr ?ate +;} ,I v �- -�`x�s��'4f ^§'#' a .a� 2003 2002 February Year to Date February Year to Date PERMIT FEES $75,456 $128,142 $35,658 $50,383 rJ�, 2003 2002 ai February Year to Date February Year to Date Building Inspections 416 832 303 561 Plumbing Inspections 295 637 1 319 640 "i TOTALS 711 1469 622 1201 2003 2002 February Year to Date February Year to Date WA Single Detached 27 31 20 29 Semi-Detached 44 90 4 4 .r Townhouse 0 0 0 0 Apartments 0 0 1 1 TOTALS 71 121 25 34 40 YEAR: 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 AREA (to month) .r Bowmanville 94 345 312 188 184 313 423 217 229 406 301 Courtice 13 133 129 231 296 254 295 331 170 388 232 Newcastle 1 131 76 110 78 4 5 3 4 Wilmot Creek 12 38 24 19 21 33 21 16 16 10 10 Orono 1 1 1 2 3 Darlington 17 47 102 31 14 20 17 21 11 9 +r Clarke 1 15 9 17 17 12 20 10 7 8 6 Burketon 1 1 1 2 2 1 ..r Enfield 3 Enniskillen 2 5 7 6 3 7 3 1 Hampton 1 1 1 2 1 2 2 1 3 ■+ Haydon 1 1 2 Kendal 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 Mitchells Comers Newtonville 3 3 1 2 2 Solina 1 1 1 1 •+ Tyrone 9 3 TOTALS 121 701 609 679 640 636 801 601 447 834 572 704 1 Leading the Way 1 1 REPORT EMERGENCY & FIRE SERVICES 1 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MARCH 24, 2003 Report#: ESD-003-03 File #10.12.6 By-law# Subject: MONTHLY RESPONSE REPORT—JANUARY 2003 Recommendations: ' It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-003-03 is received for information. Submitted by: Reviewed by: Michael G. Creig on, AMCT.CMM11 Franklin Wu, ' Director of Emer ncy Services/Fire Chief Chief Administrative Officer ' MGC.IIv ` 901 REPORT NO.: ESD 003-03 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month of January 2003. It is our intent to provide Committee I with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 267 calls in January and recorded total fire loss at $362,800.00. A breakdown of calls responded to follows in the table attached. *Standby As indicated in the table attached, Station 1 volunteer firefighters were activated twenty times, Station 2 volunteer firefighters one time, and Station 4 volunteer firefighters were activated twenty six times for standby. All were as a result of Pumper 1 and Pumper 4 being tied up at emergency calls. I I I I I I I I I 902 t EMERGENCY&FIRE SERVICES ' MONTHLY RESPONSE REPORT ' MONTH YEAR MONTH YEAR ENDING TO ENDING TO DATE DATE ' CLASSIFICATION JAN/03 2003 JAN/02 2002 PROPERTY FIRES (Includes structure, chimney, vehicle 22 22 16 16 Miscellaneous e.g. furniture, clothing, etc.) UNAUTHORIZED BURNING (Burning complaints) 5 5 1 1 ' FALSE FIRE CALLS (Includes alarm activations- 40 40 40 26 26 emergencies/check calls e.g. investigate unknown odour PUBLIC HAZARD CALLS (Includes propane/natural gas leaks, 25 25 15 15 fuel/chemical spills, power lines down/arcing, C.O. leaks, etc.) ' RESCUE CALLS (Includes vehicle extrication/accidents, 52 52 37 37 commercial/industrial accidents, ' home/residential accidents, water/ice rescue) MEDICAL ASSIST CALLS (Includes assist to ambulance personnel with 105 105 102 102 respiratory and resuscitation emergencies MISCELLANEOUS CALLS (Incidents not found, assistance not req'd. by 18 18 34 34 other agency, call cancelled on route, etc.) TOTAL CALLS 267 267 231 231 ' TOTAL FIRE LOSS(Estimated) $362,800 $362,800 $52,850 $52,850 NUMBER OF ALARMS BY STATION ST.#1 ST12 ST13 ST14 ST45 TOTAL ' 138 34 33 53 9 267 NUMBER OF STANDBY CALLS BY STATION IST#1 ST#2 ST#3 ST#4 ST#5 TOTAL 20 1 0 26 0 47 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-6506 nn7 1 . 1 Leading the 1'Vay 1 1 REPORT EMERGENCY & FIRE SERVICES 1 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 1 Date: MARCH 24, 2003 Report#: ESD-004-03 File #10.12.6 By-law# 1 Subject: MONTHLY RESPONSE REPORT— FEBRUARY, 2003 Recommendations: 1 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 1. THAT Report ESD-004-03 be received for information. 1 1 1 1 1 Submitted by: ' Reviewed by: Michael G. Crei ton, AMCT.CMM11 Franklin Wu, 1 Director of Emergency Services/Fire Chief Chief Administrative Officer 1 MGC.IIv 904 1 REPORT NO.: ESD 004-03 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month of February, 2003. It is our intent to provide Committee with information relevant to this department, in a timely manner 2. REPORT 2.1 The department responded to 239 calls in February and recorded total fire loss at $199,450.00. A breakdown of calls responded to follows in the table attached. *Standby As indicated in the table attached, Station 1 volunteer firefighters were activated twenty two times, Station 4 seventeen times in February while Pumper 1 and Pumper 4 responded to emergency calls. Both Station 1 and Station 4 volunteers were called to standby twice,included in the totals on the table attached,while full time crew completed their water/ice training requirements. 905 i EMERGENCY&FIRE SERVICES MONTHLY RESPONSE REPORT iMONTH YEAR MONTH YEAR ENDING TO ENDING TO CLASSIFICATION FEB/03 DATE FEB/02 DATE 2003 2002 PROPERTY FIRES (Includes structure, chimney, vehicle 14 36 11 27 Miscellaneous e.g. furniture, clothing, etc.) UNAUTHORIZED BURNING (Burning complaints) 5 10 2 3 FALSE FIRE CALLS (Includes alarm activations- accidental//malicious,human-perceived 27 67 30 56 emergencies/check calls e.g. investigate unknown odour PUBLIC HAZARD CALLS (Includes propane/natural gas leaks, 19 44 18 33 fuel/chemical spills, power lines down/arcing, C.O. leaks, etc.) RESCUE CALLS (Includes vehicle extrication/accidents, 56 108 27 64 commercial/industrial accidents, home/residential accidents, water/ice rescue) MEDICAL ASSIST CALLS (Includes assist to ambulance personnel with 91 196 80 182 respiratory and resuscitation emergencies MISCELLANEOUS CALLS (Incidents not found, assistance not req'd. by 27 45 34 68 other agency, call cancelled on route, etc.) TOTAL CALLS 239 506 202 433 TOTAL FIRE LOSS $199,450 $562,250 34,500 $87,350 NUMBER OF ALARMS BY STATION ST.#1 ST12 ST13 ST.#4 ST45 TOTAL 105 34 23 66 11 239 ' NUMBER OF STANDBY CALLS BY STATION ST#1 ST#2 ST#3 ST#4 ST#5 TOTAL ' 22 0 0 17 0 39 ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-6506 ' 9 `n l f t , arm n REPORT Leading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MARCH 24, 2003 Report#: CLD-12-03 File #: By-law #: Subject: ANIMAL SERVICES MONTHLY REPORT FOR THE MONTH .. OF FEBRUARY, 2003 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee 60 recommend to Council the following: 1) THAT Report CLD-12-03 be received for information; and 60 2) THAT a copy of Report CLD-12-03 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. 6t Submitted by: atti arri , A.M.C.T. Reviewed by: Franklin Wu, icipa Jerk Chief Administrative Officer MPKS*PLB*dm L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 - 1 1101 REPORT NO.:CLD-12-03 PAGE 2 of 3 BACKGROUND AND COMMENT For the information of Council, the table attached to Report CLD-12-03 summarizes the activities and revenues pertaining to Animal Services for the month of February, 2003. Attachment#1 Animal Services Monthly Report Interested parties to be advised of Council's decision: Ms. Liz White Animal Advisory Committee Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, ON M4M 1 ' 02 91r REPORT NO.:CLD-12-03 PAGE 3 of 3 CLERK'S DEPARTMENT ATTACHMENT NO. 1 ANIMAL SERVICES DIVISION TO REPORT NO.CLD-12-2003 ANIMAL SERVICES MONTHLY REPORT FEBRUARY 2003 r. A.ACTIVITIES THIS MONTH YR.TO DATE 2003 YR.TO DATE 2002 PICKED UP-WILDLIFE 8 13 5 DOGS CATS DOGS CATS DOGS CATS PICKED UP 18 9 43 18 30 10 r BROUGHT IN 11 20 22 40 22 42 RETRIEVED BY OWNERS 22 2 47 4 31 3 w. SOLD TO RESIDENTS 5 19 15 40 20 36 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 0 7 0 9 1 3 DEAD ON ARRIVAL 2 1 3 5 1 10 ` QUARANTINE 0 2 0 02 0 4 r. WRITTEN WARNINGS 18 39 42 P.O.A.TICKETS 11 27 12 CONVICTIONS 0 11 4 CALL-OUTS AFTER HOURS 3 7 7 r OVER TIME HOURS 6 21 22 B. REVENUES DOGS&CATS RELEASED 45.00 240.00 135.00 285.00 180.00 60.00 LICENSES 2696.00 208.00 5167.00 424.00 3292.00 235.00 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 300.00 855.00 1065.00 1530.00 1275.00 1260.00 w DOGS&CATS REDEEMED 1023.00 35.00 1847.00 60.00 1462.00 15.00 SUB TOTAL 4064.00 1338.00 8214.00 2299.00 6209.00 1570.00 TRAP REVENUE 6.00 9.00 42.00 OTAL REVENUE 5408.00 10522.00 7821.00 EUTHANISED: 5 FERAL CATS, 1 SICK CAT, 1 INJURED CAT 1 ' 3 6. • arm n Leading the Way REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 24 2003 Report #: CLD-013-03 File #: By-law #: ftw Subject: LIVESTOCK DAMAGE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-013-03 be received for information. w Submitted by4Pati arri M.C.T. Reviewed by: Franklin Wu, lerk Chief Administrative Officer PLB*hk w. %W CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506 to i i n4 REPORT NO.:CLD-013-03 PAGE 2 of 3 BACKGROUND AND COMMENT: At the meeting held on February 24, 2003, Council passed a resolution requesting the Clerk's Department to provide an annual report pertaining to livestock damage within the municipality. Under the Livestock, Poultry and Honey Bee Protection Act, a municipality must appoint Livestock Valuers who investigate livestock injuries and kills when reported. The municipality must pay damages to the livestock owners if the damage is caused by coyotes or dogs. In the case of coyote damage the Province reimburses the municipality for the amount of the damage. The legislation does stipulate maximum amounts which will be reimbursed. In the case of dog damage, the municipality can redeem its costs from the dog owner, if the owner is known. The legislation allows for a municipality to reimburse livestock owners for damage caused by wild animals other than coyotes and dogs. In 1989, the municipality passed a resolution stating that damage caused by other wild animals would not be reimbursed. The municipality's statistics from 1997 to 2002 are as follows: No. of Amount of No. of Amount of Year Coyote Claims Coyote Damage Dog Claims Dog Damage 1997 147 $80,785 0 $ 0 1998 95 $50,375 6 $3,600 1999 101 $47,995 7 $6,995 2000 59 $27,555.75 4 $4,518.40 2001 58 $24,673 3 $1,905 2002 1 57 1 $27,632.50 6 $6,522.60 In 1999, in response to the large number of claims, the Province contracted a local trapper who worked within the municipality in an attempt to lower the claim rate. Given the reduction in claims submitted, it appears that the project was very successful. 1105 r r REPORT NO.:CLD-013-03 PAGE 3 OF 3 3 To provide a comparison, our neighbouring municipalities were contacted. The following details the amount of the coyote damage they experienced for the years 2000, 2001 and 2002: +�. Municipality 2000 2001 2002 Uxbridge $8,761.50 $5,603.50 $7,103 Scugog Not Available Not Available $3,785 E lo. Brock $4,475 $6,418.50 $4,493 Port Hoe $2,910.50 $1,966.75 $ 472.50 This report is submitted for the information of Committee. L L L L L L 1106 L Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 24,2003 Report#: COD-007-03 File # By-law# Subject: LEASE AGREEMENT— LIONS CLUB, CLARINGTON BEECH CENTRE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-007-03 be received; and 2. THAT Council select either Option 1 or Option 2 as identified in the body of this report. Submitted by: 145P.— Reviewed 0'_/ ie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer , MM\LAB\km 1201 REPORT COD-007-03 PAGE 20F3 BACKGROUND AND COMMENT The Lions Club currently lease space from the Municipality at the Clarington Beech Centre, for the purposes of a Nursery School which they have been operating since 1947. The existing lease is at an annual rate to the Municipality of$20,500.00 and expires September 30"1, 2003. As part of the agreement, the Lions and Lioness also utilize the space for their monthly meetings. As the operation of the Nursery School represents an approximate annual loss of$15,000.00, the Lions in the spring of 2002 surveyed their membership with respect to the continuation of the school as of June 2003. Of those responding to the survey, 19 out of 20 indicated that they were in favour of discontinuing subsidizing the operation and offer the'business and equipment to the supervisor of the school, Kerri Houston, at no cost. Due to problems associated with changing ownership and the ongoing financial loss, Ms. Houston has declined the offer and since approached the Lions to reconsider the discontinuance of the operation of the school. Subsequently, the Lions have approached staff to negotiate a new lease at a substantially reduced fee. The Lions have proposed to pay a total rental fee of$6,000.00 to lease the same space for the period of October 2003 to June 2004 only. Effectively this reduction of the rental fee becomes a subsidy of the privately run day care. In addition, they are proposing that they rent space for their monthly meetings from the Clarington Beech Centre Board at their existing daily rates and only as required, the total cost of which is minimal. This represents an approximate net total $14,500.00 annual loss of revenue to the Municipality of Clarington. Should Council decide not to renew the lease agreement with the Lions, in accordance with the memorandum of understanding dated December 20th, 2001, the Municipality must consult with the Board of Directors of the Association before deciding whether the use of the space should be made available to the Clarington Beech Centre Association. Should an agreement not be reached with the Clarington Beech Centre then other opportunities to lease the space may be P Y explored. A copy of the memorandum of understanding was circulated to Council in a memo from the Purchasing Manager dated March 15th, 2003. The following options are therefore respectfully provided to Council. 1202 REPORT COD-007-03 PAGE 3 OF 3 OPTION 1 Accept the proposal from the Lions Club to enter into a new lease agreement for the period of October 2003 to June 2004 for a total lease amount of$6,000.00. Should Option 1 be selected, a lease agreement and by-law will be brought forward to Council in April. OPTION 2 Reject the offer from the Lions Club and enter into discussions with the Clarington Beech Centre Association to determine if there is a potential need for the space. Should the existing agreement with the Lions terminate, in accordance with the memorandum of understanding, the approved financial arrangements identified in Report FND-011-01, (copy attached, marked schedule "A")the Clarington Older Adults Association Board would have to address the short fall in funding either through their own means or via a request to council. As the Nursery School must commence preparation for September enrolment, the Lions have requested a decision of Council by the end of March 2003. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905ro2$4169 1203 Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 24, 2003 Report#: COD-008-03 File # By-law# Subject: Oshawa/Clarington Association for Community Living Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-008-03 be received; 2. THAT the Lease agreement (Attachment#1)with the Oshawa/Clarington Association for Community Living in the amount of$10,385.00 per annum for one (1)year term be approved; and 3. THAT the Lease agreement (Attachment#2)with the John Howard Society in the amount of$10,385.00 per annum for one (1)year term be approved; and 4. THAT the attached By-laws marked Attachment#3 and Attachment#4 be approved authorizing the Mayor and the Clerk to execute the necessary agreements; f.r Submitted b X Reviewed by..( , a ie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer MM\LAB\km 1204 REPORT NO.: COD-008-03 PAGE 2 BACKGROUND AND COMMENT The Municipality has existing Lease agreements with the Oshawa Clarington Association for Community Living and the John Howard Society for the premises at 132 Church Street, Bowmanville since 1997. Administrative Services, Employment Resource Centre for Youth and the Firehouse Youth Activity Centre are the main activities in the former apparatus bay area and main floor of the building. The proposed lease is effective January 1, 2003, and will expire December 31, 2003. An extension for an additional 2 (two) one year terms is subject to successful negotiation of terms and lease amount. Any proposed extension will be brought forward to Council at that time. The amounts proposed for each of the tenants represents a zero percent increase in the monthly rent over the previous lease agreement. Staff will review again at the end of 2003, the operating costs for the building. The tenants are responsible for their own daily maintenance including custodial. 20 5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON Attachment#3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Oshawa Clarington Association for Community Living, Oshawa, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Clarington and Oshawa Clarington Association for Community Living, of Oshawa , Ontario, and said Corporation; and 2. THAT the contract attached hereto as Attachment#1 form part of this By-law. . By-law read a first and second time this day of 2003. Y Y By-law read a third time and finally passed this day of , 2003. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1206 THE CORPORATION F THE MUNICIPALITY TY OF CLARINGTON BY-LAW 2003- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and John Howard Society, Bowmanville, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Clarington and Oshawa Clarington Association for Community Living, of Oshawa , Ontario, and said Corporation; and 2. THAT the contract'attached hereto as Attachment#1 form part of this By-law. By-law read a first and second time this day of , 2003. By-law read a third time and finally passed this day of , 2003. John Mutton, Mayor Patti L. Barrie, Municipal Clerk r 207 arm n Leading the Way REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, MARCH 24, 2003 Resolution #: Report#: FND-007-03 File #: By-law #: Subject: MAYOR & COUNCILLOR'S REMUNERATION & EXPENSES FOR 2002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-007-03 be received for information. w Submitted by: Reviewed by: Nancy ylor, B. ,b.K, ranklin Wu, Director of Finan e. Chief Administrative Officer. NT/RB/hjl 31D 1 REPORT NO.: FND-007-03 PAGE 2 BACKGROUND Appended hereto, please find schedule detailing the compensation paid to each Member of Council during 2002 as required by the Municipal Act, R.S.O. 1990, M.45, Section 243. As per Resolution #GPA-455-95, passed by Council on July 17, 1995, attached is the Regional Municipality of Durham Report#2003-F-24 detailing the remuneration and expenses of the Members of Council and Regional Council appointees to local boards. Attachments: Attachment#1 —Remuneration & Expenses for Mayor& Councillors Attachment#2—2003-F-24 Regional Report CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0608 130. ? MAYOR & COUNCILLORS' REMUNERATION & EXPENSES January 1,2002 to December 31, 2002 Name Basic Pa Expense Gross Pay Kilometres Conferences Other Total Allowance Note 1 Note 2 Mayor J. Mutton $33,333.33 $16,666.67 $50,000.00 $7,476.96 1,769.86 765.49 $60,012.31 Councillor D. MacArthur 13,333.33 6,666.67 20,000.00 2,309.77 992.01 77.40 $23,379.18 Councillor P. Pin le 13,333.33 6,666.67 20,000.00 2,243.04 875.18 - $23,118.22 Councillor G. Robinson 13,333.33 6,666.67 20,000.00 2,243.04 666.40 - $22,909.44 Councillor J. Rowe 13,333.33 6,666.67 20,000.00 2,294.47 175.00 - $22,469.47 Councillor J. Schell'" 13,333.33 6,666.67 20,000.00 2,523.42 386.93 - $22,910.35 Councillor C. Trim "" 13,333.33 6,666.67 20,000.00 2,608.21 1,405.25 157.70 $241171.16 Total $113,333.31 $56666601 $170,000.00 $21,698.91 6,270.63 1,000.59 $198,970.13 *"Regional Councillor and Deputy Mayor W Notes: W Conferences Include payment made by the Municipality for registration fee and/or accommodation, as well as direct reimbursement of expenses. Other Includes parking, meals and miscellaneous charges. Expenses excludes G.S.T. a Attachment 2 The Regional Municipality of Durham Report to: The Finance and Administration Committee From: R.J. Clapp, Commissioner of Finance Report No.: 2003-F- 24 Date: March 19, 2003 • SUBJECT: THE REMUNERATION AND EXPENSES IN 2002 OF MEMBERS OF REGIONAL COUNCIL AND REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS, AS REQUIRED BY SECTION 284(1) OF THE MUNICIPAL ACT, R.S.O. (2001) RECOMMENDATION: The Finance and Administration Committee recommend that this report be submitted to Regional Council for information. REPORT: As required by Section 284 (1) of the Municipal Act, R.S.O. (2001), 1 have prepared a statement of the remuneration and expenses that were paid in 2002 to Regional Councillors and Regional Council Appointees. (See attached Schedules 1 to 3 respectively). The information concerning Regional Council appointees was obtained directly from the Local Boards, with the exception of the Durham Region Police Services Board, 9-1-1 Management Board, Durham Regional Local Housing Corporation and the Land Division Committee, whose accounting records are maintained by the Regional Finance Department. gu6lc�— � - j R.J. Clapp, CA Commissioner of Finance RJC:dIk Attach. d I k\2003reports\Remuneration2002 1304 41 SCHEDULE1 REGIONAL COUNCIL MEMBERS 2002 REMUNERATION AND EXPENSES CONFERENCES, REGIONAL COUNCIL CONVENTIONS MEMBERS REMUNERATION MILEAGE & MEETINGS TOTAL $ $ $ $ Aker, C. 26,186.74 - - 26,186.74 Arthurs, W. (5) 32,165.97 722.25 1,128.00 34,016.22 Boychyn, R. 26,186.74 26,186.74 Brenner, M. 26,186.74 886.44 - 27,073.18 i Brunelle, M. 26,186.74 - 944.64 27,131.38 Carruthers, K. 26,186.74 844.60 908.93 27,940.27 Clarke, C. 26,186.74 - 1,007.39 27,194.13 Clayton, T. 26,186.74 2,037.95 2,761.81 30,986.50 Crawford, S. 26,186.74 - 1,723.05 27,909.79 Diamond, N. 26,186.74 - - 26,186.74 Drumm, J. 26,186.74 - 1,548.32 27,735.06 fr. Emm, G. 26,186.74 - 1,137.48 27,324.22 Gray, J. 26,186.74 - 1,067.47 27,254.21 Holland, M. 26,186.74 941.69 2,441.48 29,569.91 Johnson, R. (5) 32,165.97 1,135.87 1,959.31 35,261.15 McMaster, J. (5) 32,165.97 675.68 1,601.06 34,442.71 Moffatt, D. 26,186.74 1,301.09 549.97 28,037.80 Mutton, J. 26,186.74 994.58 - 27,181.32 Neal, J. 26,186.74 - 1,363.17 27,549.91 O'Connor, G. 26,186.74 860.78 27,047.52 O'Connor, L. (5) 32,165.97 3,298.40 2,204.93 37,669.30 Para, S. 26,186.74 924.72 1,115.48 28,226.94 Parish, S. 26,186.74 26,186.74 Perkins, P. 26,186.74 - 26,186.74 Pidwerbecki, N. 26,186.74 - 1,118.02 27,304.76 Schell, J. 26,186.74 556.50 437.83 27,181.07 Trim. C. 26,186.74 1,577.13 - 27,763.87 Young, W. 26,186.74 - 1,149.78 27,336.52 757,145.64 16,757.68 26,168.12 800,071.44 t 1365 42 SCHEDULE 1 (continued) REGIONAL COUNCIL MEMBERS 2002 REMUNERATION AND EXPENSES 2001 EXPENSES PAID IN 2002 CONFERENCES, REGIONAL COUNCIL CONVENTIONS, MEMBERS REMUNERATION MILEAGE & MEETINGS TOTAL $ $ $ $ Holland, M. - 266.80 - 266.80 Johnson, R. - - 661.34 661.34 Trim, C. - 40.25 - 40.25 307.05 661.34 968.39 CONFERENCES, AUTOMOTIVE CONVENTIONS, REGIONAL CHAIR REMUNERATION EXPENSES &MEETINGS TOTAL Anderson, R. 97,116.96 3,628.21 21,319.03 122,064.20 NOTES TO SCHEDULE OF REGIONAL COUNCIL MEMBERS 2002 REMUNERATION AND EXPENSES (1) Remuneration to the Regional Chair and Councillors is authorized by by-laws #85-2001, #50-95, and#61-93. (2) The Regional Chair is provided with an automobile and is reimbursed for actual expenses incurred. (3) Regional Councillors are reimbursed as follows: Mileage-based on a rate per kilometre. Conferences, Meetings, etc. -a rate of$50/day for meals, etc. without receipts; however, if the daily rate is insufficient, actual expenses with receipts are reimbursed. Accommodation, registration, etc. - reimbursed based on actual receipts. (4) Expenses relating to Regional Council Study Sessions and ITER trips are not included in this statement. (5) Denotes Regional Committee Chair. r _ 136 43 �r SCHEDULE2 REGIONAL COUNCIL MEMBERS 2002 COMPENSATION PAYMENT PLAN IN LIEU OF PENSION E REGIONAL COUNCIL IN LIEU OF PENSION - MEMBERS SERVICE PRIOR TO 2002 L Aker, C. - Arthurs, W. 15,161.50 If Boychyn, R. 8,981.90 L Brenner, M. 11,381.94 Brunelle, M. 14,369.54 Carruthers, K. 1,379.67 Clarke, C. 8,105.94 Clayton, T. 4,655.67 Crawford, S. 4,829.94 Diamond, N. 10,000.00 Drumm, J. 3,369.54 Emm, G. 18,861.61 I Gray, J. 8,105.94 Holland, M. 1,379.67 Johnson, R. 12,557.90 McMaster, J. 7,284.70 Moffatt, D. 5,153.90 Mutton, J. 4,829.94 Neal, J. - O'Connor, G. 20,541.57 O'Connor, L. 6,005.90 Para, S. 11,381.94 Parish, S. 8,957.94 Perkins, P. 4,829.94 Pidwerbecki, N. 11,235.15 Schell, J. 1,379.67 Trim, C. 1,379.67 Young, W. 1,379.67 207,500_75 IN LIEU OF PENSION - L SERVICE PRIOR REGIONAL CHAIR TO 2002 $ Ii� L Anderson, R. 15,000.00 { NOTES TO SCHEDULE OF REGIONAL COUNCIL MEMBERS 2002 COMPENSATION PAYMENT L IN LIEU OF PENSION PLAN Pursuant to by-law 85-2001, members of Regional Council,including the Chair,are entitled to compensation in lieu of a pension plan. In 2002, upon application, members of Regional Council and the Chair received payments L for each year of service on Regional Council occurring prior to 2002. L 13 ,07 44 SCHEDULE 3 REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2002 REMUNERATION AND EXPENSES CONFERENCES, REGIONAL COUNCIL CONVENTIONS, APPOINTEES REMUNERATION MILEAGE &MEETINGS TOTAL Central Lake Ontario Conservation Authority Aker,C. 450.00 - - 450.00 Boychyn, R. 450.00 - - 450.00 Crawford,S. 300.00 61.20 - 361.20 Drumm,J. 500.00 60.00 - 560.00 Emm,G. 400.00 96.00 - 496.00 Gray,J. 500.00 - - 500.00 Johnson,R. 2,900.00 144.00 - 3,044.00 Moffatt, D. 500.00 252.30 - 752.30 Neal,J. 550.00 - - 550.00 Perkins,P. 500.00 84.00 - 584.00 Rowe,J. 450.00 45.90 - 495.90 Schell,J. 450.00 118.80 _ 568.80 7,�15U.UU 562.20 Ganaraska Region Conservation Authority Mutton,J. 2,080.00 700.00 - 2,780.00 Trim,C. 360.00 245.00 - 605.00 Kawartha Region Conservation Authority Carruthers, K. 550.00 185.00 - 735.00 Gray, H. 300.00 54.39 - 354.39 Pearce,M. 600.00 481.00 - 1,081.00 Rowe.J. 350.00 587.56 _ 937.56 1,800.00 1,3U7.95 Lake Simcoe Region Conservation Authority Corrigan, L. 863.80 534.30 - 1,398.10 Lodwick, H. 555.30 324.60 879.90 Para,S. 987.20 301.80 - 1,289.00 Toronto&Region Conservation Authority McMaster, J. 1,976.00 854.00 - 2,830.00 O'Connor, G. 1,140.00 784.00 - 1,924.00 Ryan, D. 781.00 351.40 _ 1,132.40 3,697.00 1,989.40 1 348 45 L SCHEDULE 3 (continued) t L REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2002 REMUNERATION AND EXPENSES CONFERENCES, REGIONAL COUNCIL CONVENTIONS, APPOINTEES REMUNERATION MILEAGE &MEETINGS TOTAL Durham Haliburton Kawartha& L Pine Ridge District Health Council i•• Neal,J. - 136.00 25.00 161.00 Perkins, P. _ 136.00 25.00 161.00 i1. Durham Region Non-Profit Housing Corporation Anderson, R _ _ Arthurs,W. - 834.14 834.14 Brenner,M. 6,000.00 - 3,230.36 9,230.36 McMaster,J. - 1,024.91 1,024.91 Johnson, R. 892.56 892.56 O'Connor, L. - 2,283.38 2,283.38 Perkins, P. _ _ 6.000.00 t5,;ebb.jb 14,265.357 ,ft Land Division Committee Collins,J. 1,650.00 931.42 35.44 2,616.86 Evans,L. 1,550.00 498.09 55.63 2,103.72 Fisher, L. 1,850.00 321.26 39.19 2,210.45 Graham, H. 2,440.00 679.62 97.60 3,217.22 Hedge,M. 1,800.00 303.50 59.42 2,162.92 Komamicki, J.M. 2,200.00 607.40 64.69 2,872.09 Kudla,W. 1,600.00 494.14 42.59 2,136.73 Sullivan, D. 2.885.00 198.92 - 3,083.92 -Ts-,915.00 4,034.35 394.56 20,4U3.91 Durham Region Police Services Board Ashe, K. 7;000.00 669.37 6,638.30 14,307.67 Boychyn, R. 5,979.23 20.52 9,805.01 15,804.76 Moffatt, D. 5.979.23 1,395.64 2,697.12 10,071.99 2,085.53 19,140.43 Q,164.42 L NOTE TO SCHEDULE OF REMUNERATION TO REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS: € No remuneration or expenses were paid to Regional Council appointees to the hospital boards, 9-1-1 Management 6w Board,the Children's Aid Society,the Greater Toronto Marketing Alliance,the Lynde Marsh Alliance, Rouge Park Alliance,the Greater Toronto Transit Authority,or the Durham Regional Local Housing Corporation. L i L L 1309 46 • Leaa�ng:heWay REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, MARCH 24, 2003 Resolution #: Report#: FND-008-03 File #: By-law #: f e Subject: TAX REDUCTIONS AND WRITE-OFFS FOR 2002 Recommendations: r. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I 1. THAT Report FND-008-03 be received for information. L L Submitted by: Reviewed by: / ncy ylox, PB.k, C.A., F in Wu, Director of Finance. ��I,,.� Chief Administrative Officer. NT/LB/hjl v" i �r `' 13 1 0 -REPORT NO.: FND-008-03 PAGE 2 BACKGROUND AND COMMENT: Pursuant to Sections 441, 442 and 443, Chapter M.45 of the Municipal Act, R.S.O.1990, a list of applications for cancellation, reduction or refund of taxes was presented to Committee for its review and duly approved. The total written off under these sections for the year ending December 31, 2002 was $22,841.53, as compared to $20,996.72 for the year 2001. In addition to these adjustments, the Municipality is required to process reductions due to Assessment Review Board, Ontario Municipal Board and Court decisions. These write-offs, because they are by court decision, are irreversible and final, and are therefore written off directly to the account. During 2002, the Municipality's share amounted to $63,863.62 plus an additional $17,495.70 for the Municipality's share of post-cut-off capping adjustments resulting from these court decisions. The amounts for 2001 were $242,221.15 in taxes written off and a recovery of $77,456.04 in post-cut-off capping adjustments. Under Section 442.5 of the Municipal Act, the taxpayer is permitted to apply for a rebate of taxes paid on units held vacant in 2002. The cost to the Municipality for these rebates granted in 2002 totalled $14,430.60. Under Section 442.1 of the Municipal Act, the Municipality allows reduction in taxes to registered charities. The cost to the Municipality for these rebates granted in 2002 totalled $493.69 compared to $381.04 in 2001. The Municipality leases a number of properties that allow for payment of property taxes as a term of the lease. These taxes are written off annually totalling $36,667.46 in 2002 and $35,552.03 in 2001. The Municipality was able to recover the Regional and School Board share of the taxes written off in previous years. This amounted to $6,827.27 in 2002 and $43,680.50 in 2001. For the year ending December 31, 2002, the total taxes written off amount to $148,965.33 compared to $178,014.40 for 2001. CORPORATION OF THE•MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0608 131