HomeMy WebLinkAbout06/17/2002
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Cl~il)gton
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
JUNE 17,2002
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 June 3, 2002
301
4a. PRESENTATION
(a) Mary Anne Pietrusiask, Epidomiologist, Durham Region Health
Department, 1615 Dundas Street East, Suite 210, Whitby Mall,
Whitby, L 1 N 2L 1 - re: Pesticides
4b. DELEGATIONS
(a)
Debbie Clarke, Valiant Property Management, 177 Nonquon Road,
20th Floor, Oshawa, L 1 G 3S2 - Report PSD-063-02
(b) Lyn Townsend, 177 Nonquon Road, 20th Floor, Oshawa, L 1G 382
- Report PSD-063-02
(c) Bryce Jordan, 177 Nonquon Road, 20th Floor, Oshawa, L 1G 352
- Report PSD-063-02
(d) Bruce Robella, 1626 King Street East. Courtice, L 1 E 2R6 - Report
PSD-063-02
fft' "oR.~,1I E ff,P_V 'ARllo
40 TEMt'ERANCE STREET, BOWMANVILLE;~'(;NTARIO L1C 3ASt-"",' (905) 82'3:33
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G.P.& A. A2enda - 2 - June 17,2002 ..
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(e) Marcel Provenzano, 433 Fernhill Blvd., Oshawa, L 1J 5J6
- Report PSD-063-02
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(f) Derek Baird, 1603 Hwy. 2, Courtice, L 1 E 2K7 - Report PSD-063-02
(g) Representative of Bonnydon Ltd., 7111 Duf"Jrin Street, Thornhill, .-
L4J 2K2 - Report PSD-063-02
(h) George Gouldburn. 1721 Hwy. 2. Courtice, L 1 E 2R5 ..
- Report PSD-063-02
(i) Tom Cowan, 166 King Street E. Box 398, Bowmanville, L 1C 3Z2 ..
- Report PSD-Q66-02
(j) Dave Davidson,(on behalf of the residents of Church Street) -
55 Church Street, Bowmanville, L 1 C 1 sa - Report PSD-066-02
(k) Padre David Saunders, c/o St. Georges Church, 250 Mill Street, ...
250 Mill Street, Newcastle, L 1 B 1 H2 - Report PSD-070-02
(I) Mark L. Hendrikx, 37 King Street West, Newcastle, L 1 B 1 H2 ..
- Report PSD-070-02
(m) David Ashcroft, 63 Cedarcrest Beach Road, Bowmanville, L 1C 3K3 ..
- Report CLD-25-02
(n) Fred Archibald, 6275 Liberty Street North, RR #5, Bowmanville, -
L 1 C 3K6 - re: Official Plan Amendment COPA 2002.004
5. PUBLIC MEETING -
(a) Clarington Official Plan Amendment - Prestonvale Road
Applicant: Municipality of Clarington
REPORT PSO.Q62.Q2
6. PLANNING SERVICES DEPARTMFNT
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50"
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(a) PSD-062-02-
Claringtc.n Official Plan Amendment
- Prestonvale Road
Applicant: Municipality of Clarington
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60"
(b) PS D-063-02 -
Clarington Official Plan Amendment Application
for Courtice Main Central Area and Highway 2
Corridor Secondary Plan
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G.P.& A. A2enda
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June 17,2002
- (c) PSD-065-02 - Rezoning Application
Applicant: LDB Holdings Limited 656
- (d) PSD-066-02 -
Clarington Official Plan Amendment and
Rezoning Applications
- Applicant: Ganaraska Properties Limited 665
(e) PSD-067-02 - Application for Removal of Holding
- Applicant: Tunney Planning Inc. 674
(f) PSD-068-02 - Rezoning Application
- Applicant: Orchard Park Estates (Bowmanville)
Inc. 680
- (g) PSD-069-02 - Monitoring the Decisions of the Committee of
Adjustment for the Meeting of June 6,2002 687
- (h) PSD-070-02 - Alteration to Designated Heritage Buildings
St. George's Anglican Church and Parish Hall 695
.. (i) PSD-071-02 - Proposed Heritage Designation
5311 Acres Road 69911
- (j) PSD-072-02 - Application for Removal of Holding Symbol
Applicant: George Smith 69916
- (k) PSD-073-02 - Application for Removal of Part Lot Control
Applicant: 1441660 Ontario Inc. 69922
- (I) PSD-064-02 - Confidential Report - Legal Matter
(to be distributed under separate cover)
- 7. ENGINEERING SERVICES DEPARTMENT
(a) EGD-32-02 - Clarington Transit, Bowmanville Bus Loop Update 701
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(b) EGD-33-02 - Schickedanz North Subdivision, Phase 1,
- Bowmanville, Plan 10M-829, 'Certificate of
Acceptance', Stormwater Detention Facility
and Appurtenances 710
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G.P.& A. A2enda
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June 17,2002 ..
(c) EGD-34-02 River Valley Estates Subdivision, Phase 4, ..
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Bowmanville, Plan 40M-1691, 'Certificate of
Acceptance' and 'Assumption By-law', Roads ..
and Above Ground Services including roads and
other related works 71t
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(d) EGD-35-02 - Willowbrook Subdivision, including Bradshaw
Street Works, Bowmanville, Plan 40M-1676,
'Certificate of Acceptance' and 'Assumption ...
By-law', Roads and Above Ground Services
including roads and other related works 72r
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8. OPERATIONS DEPARTMENT
(a) OPD-011-02 - Courtice Memorial Park 80'_
(b) OPD-012-02 - Pesticide Use 81 ~
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9. EMERGENCY SERVICES DEPARTMENT
(a) ESD-010-02 - Monthly Response Report - May, 2002 90.,..
(b) ESD-011-02 - Bill 148 - Amendments to the Emergency
Plans Act 9041'
(c) ESD-012-Q2 - Automatic Aid Agreement - Highway 401 9m
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10. COMMUNITY SERVICES DEPARTMENT
No Reports ...
11. CLERK'S DEPARTMENT
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(a) CLD-24-02 - Parking Report for April, 2002 11(\1
(b) CLD-25-02 ..
- Cedarcrest Beach Road Parking 1104
(c) CLD-26-02 - Parking Report for May, 2002 11c.;
(d) CLD-27 -02 - Animal Services Monthly Report for the
Month of May, 2002 11 ''';
(e) CLD-28-02 - Half-Masting of Flags 11'--'
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G.P.& A. A2enda
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June 17,2002
- 12. CORPORA TE SERVICES DEPARTMENT
(a) COD-29-02 - VIP Area - American Le Mans Series 1201
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(b) COD-30-02 - Tender CL2002-20, Driveway Paving 1204
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(c) COD-31-02 - Confidential Report - Personnel Matter
(d) COD-32-02 - Confidential Report - Personnel Matter
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(e) COD-33-02 - Lease Agreement - Courtice Community
- Complex & Clarington Kids Inc. 1206
(f) COD-34-02 - Lease Agreement, Bethesda House of Mercy
- 150 Port Darlington Road, Bowmanville 1213
13. FINANCE DEPARTMENT
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No Reports
- 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
(a) ADM-06-02 - Election of Regional Chair 1401
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15. UNFINISHED BUSINESS
- 16. OTHER BUSINESS
17. ADJOURNMENT
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THE MUNICIPALITY OF CLARINGTON
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General Purpose and Administration Committee
June 3. 2002
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Minutes of a meeting of the General
Purpose and Administration Committee
held on Monday, June 3, 2002 at
9:30 a.m., in the Council Chambers.
ROLL CALL
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Present Were
Mayor J. Mutton
Councillor D. MacArthur
:ounclllor P. Pingle
Councillor G. Robinson
Councillor J. Rowe
Councillor J. Schell
Councillor C. Trim
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Also Present:
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Emergency Services/Fire Chief, M. Creighton
Director of Planning Services, D. Crome
Director of Operations, F, Horvath
Director of Corporate Services, M. Marano
Director of Financerrreasurer, N. Taylor
Deputy Clerk, M. P. Knight Stanley
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Mayor Mutton chaired this portion of the meeting.
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DISCLOSURE OF PECUNIARY INTEREST
There were no Disclosures of Pecuniary Interest stated at this meeting.
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MINUTES
Resolution #GPA-244-02
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Moved by Councillor Trim, seconded by Councillor Ping Ie
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THAT the minutes of a regular meeting of the General Purpose and
Administration Committee held on May 21,2002 be approved,
"CARRIED"
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Mayor Mutton advised, with great sadness, of the passing of Terry Ryan,
President of the Durham Police Services Union and the Ontario Police
Chairman.
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Mayor Mutton advised that he attended the Federation of Canadian
Municipalities (FCM) meeting over the weekend, noting that former
Finance Minister Paul Martin addressed the committee regarding
dedicated revenue sources from the Federal Government.
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Mayor Mutton advised that he attended the first meeting of the
Association of Nuclear Host Communities and the Iter Project was
unanimously endorsed by the committee. The committee will discuss
items of mutual interest as well as companng notes.
301
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G.P. & A. Minutes
DELEGATIONS
- 2 -
June 3. 2002
III
Councillor Robinson attended a meeting of the partnership of the
Clarington Emergency Services with the Red Cross and noted that this is
a very worthwhile organization.
III
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Councillor Rowe advised that she attended the 56th Business and
Professional Women's Conference on behalf of the municipality and that
the Association will be electing a new Provincial representative.
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(a)
Inspector Tom Cameron, 16th Division, Durham Regional Police
Services, 77 Centre Street North, OShawa, L 1 G 4B7 circulated a copy
of his presentation entitled "Clarington Community Police Office Patrol
Plan". He noted that the oDJectlves of the Patrol Plan are to:
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reduce crime
reduce disorder
improve road safety
secure and maintain public confidence In the pOlice; and
improve the quality of service that the Police Services provide.
IIIlIII
He described the various approaches which include:
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community mobilization
intelligence-led directed patrols
problem oriented policing
high visibility reassurance patrols; and
road safety initiatives.
III
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He noted that Pages 13, 14 and 15 of the handout provide a current
organization structure as well as a 1 year and 3 year plan. He informed
Members of the Committee that additional officers dedicated to
interacting and providing problem solving in the community will be added
to their staff compliment and that this plan will create more visible
presence of police officers in the municipality.
lIIIlIii
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(b)
Marisa Jollymore, 105 Clarington Blvd. Bowmanville, L 1 C 4Z3
- re: Report PSD-051-02 advised that the existing sign is not easily seen
and that the new sign is larger and has an enhanced appearance. She
was present to answer questions from Members of the Committee.
lIIIlIii
(c)
Allan Maenza, 103 Auburn Lane, Courtice, L 1 E 2E9
- re: Report PSD-055-02 advised prior to the meeting that he
would not be in attendance.
lIIIlIii
(d)
Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1
- re: Report PSD-055-02 provided a copy of her presentation
dated April 24, 2002. She requested that:
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· the plan not be allowed to proceed until such time as
appropriate studies have been undertaken.
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· in section 8.1 of Report PSD-055-02, that Paragraphs 1, 2,
3, 5, 6, 8, 9.10, and 11 be adhered to and monitoring be
done.
IIIlIII
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G.P. & A. Minutes
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- 3 -
June 3, 2002
DELEGATIONS CONT'D.
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PUBLIC MEETINGS
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· that no building be commenced prior to the approval and the
building permit being issued
· that no public funds be used toward any repair including
bank stabilization
· that continuous monitoring of the surface flow regime be
done, even after bank stabilization has taken place; and
· that all levels of government collaborate towardS the
purchase of the provincially significant Black-Farewell
wetland complex in Courtlce as It would be in the interest of
all to protect the remainder of the wetland.
(e)
Glenn Genge, D. G. Biddle & Associates, 96 King Street
East, OShawa, L 1 H 1 B6 - re: Report PSD-055-02 appeared on behalf
of the applicant and noted that erosion measures have been undertaken
and that the applicant will work closely with CLOCA pertaining to the
environmental issues. He expressed support for the recommendations
contained in Report PSD-055-02.
(f)
Hannu Halminen, 1276467 Ontario Limited & Ashton
Development Corp. (Clarington) Ltd. 1748 Baseline Road,
Courtice, L 1 E 2T1 - re: Report PSD-055-02 advised that it has taken
two years to receive approval for the ten lots and he will actively pursue,
as in the past, protecting the environment. He expressed concurrence
with the recommendations contained in Report PSD-055-02.
(g)
Scott Brown, William Tonno Construction Ltd., 121 Marlca
Avenue, OShawa, L 1 G 3G9 - re: Report PSD-058-02 was called but
was not present.
Councillor Schell chaired this portion of the meeting.
Pursuant to the Planning Act. the Council of the Municipality of
Clarington, through its General Purpose and Administration Committee,
is holding a Public Meeting for the following applications:
(a) Rezoning Application
Applicant: Gilbert Trolly
Part Lot 9, Concession 2, Former Town of Bowmanville
(b) Official Plan Amendment Application
Applicant: St. Stephen's Estates Inc.
Lot 8, Concession 2, Former Town of Bowmanville
The Planning Services Department sent public notices for the rezoning
and official plan applications by first class mail on or before
May 3, 2002, to all property owners within 120 metres of the subject
property in accordance with the latest municipal assessment record.
Public notices were also posted on the properties in question. The
notice procedure followed is in compliance with the Ontario Regulations
made under the Planning Act.
303
G.P. & A. Minutes
- 4 -
June 3, 2002
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PUBLIC MEETINGS CONTO.
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(a) Report PSO-050-02 - Rezoning Application - The purpose and
effect of the application is to permit the development of two (2) single
detached dwellings.
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No one spoke in opposition to or in support of this application.
G. Trolly, 11 Bradshaw Street, Bowmanville, L 1 C 2H4 advised that
there IS good drainage on the land and that a surveyor has noted that
this is the best use for this land.
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(b) Report PSO-057-02 - Official Plan Amendment Application - The
purpose and effect of the application IS to remove the medium
aenslty symbol and permit the construction at seml-aetached
awelling units instead of townhouse units. resulting In a reduction of
13 housing units.
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No one spoke in opposition to or in suPPOrt of this aoplicatlon.
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The applicant was called but was not present.
Resolution #GPA-245-02
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Moved by Councillor MacArthur, seconded by Councillor Pingle
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THAT the committee recess for ten minutes.
"CARRIED"
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The meeting reconvened at 10:25 a.m.
PLANNING SERVICES DEPARTMENT
Rezoning App!.
Applicant: Gilbert
Trolly
ZBA2002-013
Official Plan
Amendment Appl.
Applicant: St.
Stephen's Estates
COPA2002-005
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Resolution #GPA-246-02
Moved by Councillor Rowe. seconded by Councillor Trim
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THAT Report PSO-050-02 be received;
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THAT the application to amend Comprehensive Zoning By-law 84-63 of
the former Town of Newcastle, submitted by Gilbert Trolly be referred
back to staff for further processing and the preparation of a subsequent
report following the receipt of the outstanding agency comments; and
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THAT all interested parties listed in Report PSO-050-02 and any
delegation be advised of Council's decision.
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"CARRIED"
Resolution #GPA-247-02
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Moved by Mayor Mutton, seconded by Councillor MacArthur
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THAT Report PSO-057-02 be received:
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GP. & A Minutes
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June 3, 2002
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PLANNING SERVICES DEPARTMENT CONTD.
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THAT Amendment No. 27 to the Clarington Official Plan to remove a
medium density symbol, adjust the housing targets and adjust the
population targets for Apple Blossom Neighbourhood be adopted, and
that the necessary by-law be passed;
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THAT a copy of Report PSD-057-02 be forwarded to the Region of
Durham; and
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THAT all interested parties listed in Report PSD-057 -02 and any
delegations be advised of Council's decision.
"CARRIEO"
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Sign By-law
Amendment
Applicant: Willsonia
Industries Limited
Resolution #GPA-248-02
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Report PSD-051-02 be received;
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THAT the sign by-law amendment application submitted by 1307309
Ontario Limited, on behalf of Willsonia Industries Limited to permit a
second ground sign on a property with a height of 3.20 metres and a
total sign area of 1.92 square metres, be approved;
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THAT the by-law attached to Report PSO-051-02 be approved by
Council; and
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THAT all interested parties listed in Report PSD-051-02 and any
delegations be advised of Council's decision.
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"CARRIED"
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Development
Charges By-law
Complaint
Resolution #GPA-249-02
Moved by Councillor Pingle, seconded by Councillor Robinson
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THAT Report PSO-052-02 be received;
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THAT the development charge applied to the property located within Part
Lot 15, Concession 7, former Township of Clarke, known municipally as
7700 Carscadden Road was a correct application of the Municipality's
Development Charge By-law No. 2000-108 and that Mr. Christensen's
request for refund be denied; and
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THAT Mr. Christensen be advised of Council's decision.
"CARRIED"
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Monitoring the Resolution #GPA-250-02
Decisions of the
Committee of Moved by Councillor Trim, seconded by Councillor Rowe
Adjustment for the
Meeting May 16, 2002 THAT Report PSD-053-02 be received; and
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GP. & A. Minutes
- 6 -
June 3, 2002
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PLANNING SERVICES DEPARTMENT CONT'D.
Oak Ridges
Moraine
Conservation Plan
Environmental
Impact Study
Auburn Lane and
Darlington Blvd.
ZBA2000-019,
ZBA2002-017 &
PLN 17.9.6
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THAT Council concur with the decisions of the Committee of Adjustment
made on May 16, 2002 for Applications A2002/023 to A2002/025
inclusive and A2002/028 and that staff be authorized to appear before
the Ontario Municipal Board to defend the decisions of the Committee of
Adjustment.
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"CARRIED"
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Resolution #GP A-251-02
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Moved by Councillor Rowe, seconded by CounCillor MacArthur
THAT Report PSD-054-02 be received for Information; and
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THAT all interested parties listed in Report PSD-054-02 including the
Ganaraska Region Conservation Authority, CLOCA. Kawartha
Conservation Authority and any delegation be advised of Council's
decision.
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"CARRIED"
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Resolution #GPA-252-02
Moved by Councillor Rowe, seconded by Councillor Trim
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THAT Report PSD-055-02 be received;
THAT the Environmental Impact Study for the Darlington Boulevard and
Auburn Lane development proposals be received for information;
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THAT the application to amend the Comprehensive Zoning By-law 84-63
of the former Town of Newcastle. as amended, submitted by D. G. Biddle
& Associates Limited on behalf of 1276467 Ontario Limited and Ashton
Development Corp. (Clarington) Ltd., be approved;
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THAT the By-law contained in Attachment 4 to Report PSD-055-02 be
enacted, and that the (H) Holding prefix be for the 4 lots comprised of 2
and 14, 3 and 15, 4 and 6 and 5 and 17 be removed by By-law once the
erosion control work is completed;
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THAT the application to exempt lands from Part Lot Control to permit
Block 80 10M-832 to be divided into 10 blocks and a part block for a
walkway be approved as contained in Attachment 5 to Report
PSD-055-02;
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THAT the Durham Region Planning Department, all interested parties
listed in Report PSD-055-02 and any delegation be advised of Council's
decision; and
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THAT Mr. Gordon Baker and Mr. Mark Linkie be thanked for their effort
and time as area representatives on the Steering Committee.
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"CARRIED"
30,b
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G.P. & A. Minutes
- 7 -
June 3, 2002
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PLANNING SERVICES DEPARTMENT CONT'D.
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Condominium Appl.
Applicant: Aspen
Heights Ltd.
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Development
Charges Exemption
Request
Owner: Wm. Tonno
Construction Ltd.
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Resolution #GPA-253-02
Moved by Councillor MacArthur, seconded by Councillor Rowe
THAT Report PSD-056-02 be received:
THAT the application, submitted by Aspen Heights be approved and that
the Director of Planning ServIces be authorized to issue Draft Approval,
subject to the conditions as contained in Attachment 3 to Report
PSD-056-02;
THAT a copy of Report PSD-056-02 be forwarded to the Durham Region
Planning Department; and
THAT all interested parties listed in ReDort PSD-056-02 and any
delegation be advised of Council's deCision.
"CARRIED"
Resolution #GPA-254-02
Moved by Mayor Mutton, seconded by Councillor Pingle
THAT Report PSD-058-02 be referred back to staff;
THAT staff be directed to prepare a background report in support of
providing a credit for the existing residential structure located on the
property at 3112 Tooley Road, with appropriate conditions including:
i)
that the credit could only be applied to the lands with Property
Identification Number 2670 70292 (as of March 31, 2002) south
of the future Cloverfield Street extension; and
ii)
that the lands to which the credit applies do not impact the siting
of the future elementary school site.
THAT staff be authorized to advertise a public meeting for an
amendment to the Development Charges By-law 2000-108 subject to
William Tonno Construction Ltd. paying a fee of $695.00, inclusive of
G.S.T.. for the cost of the Public Meeting; and
THAT Mr. Brown be advised of Council's decision.
"CARRIED"
Resolution #GPA-255-02
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the meeting be "closed" for consideration of Confidential Report
PSD-059-02 pertaining to a property matter.
"CARRIED"
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GP. & A. Minutes
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June 3. 2002
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PLANNING SERVICES DEPARTMENT CONTD.
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Resolution #GPA-256-02
Moved by Councillor Rowe. seconded by Councillor MacArthur
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THAT the actions taken at the "closed" meeting be ratified.
"CARRIED"
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Councillor MacArthur chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
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Appointment of
Chief Building
Official. Building
and Plumbing Insp.
Resolution #GPA-257-02
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Moved by Councillor Robinson, seconded by Councillor Schell
THAT Report EGD-29-02 be received:
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THAT the proposed By-law (Attachment 1 to Report EGD-29-02) be
passed to appoint a Chief Building Official, Building Inspectors, Plumbing
Inspectors and Inspectors for the purpose of fire safety requirements;
and
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THAT By-laws 89-173 and 92-87 and all amendments thereto be
repealed.
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"CARRIED"
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Port Darlington Resolution #GPA-258-02
Marina - Construction
Access on Hydro Moved by Councillor Trim, seconded by Councillor Rowe
Easement
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THAT Report EGD-30-02 be received; and
THAT Council pass the By-law (Attachment 1 to Report EGD-30-02)
authorizing the Mayor and Clerk to enter into an Agreement with Hydro
One Networks Inc. rHONI") to obtain construction access permission for
lands north of Port Darlington Marina (Attachment 2 to Report
EGD-30-02).
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"CARRIED"
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Nash Road East
Sidewalk and
Pedestrian
Concerns
Resolution #GPA-259-02
Moved by Councillor Schell, seconded by Councillor Rowe
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THAT Report EGD-31-02 be received;
THAT sidewalks not be constructed on the south side of Nash Road east
of Courtice Road until this section of roadway is reconstructed to urban
standards in conjunction with future development or other roadworks;
and
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THAT Mrs. Hartman, the Clarington Traffic Management Committee, the
Region of Durham. and the Kawartha Pine Ridge District School Board
be advised of Council's decision.
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30 a"CARRIED"
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GP. & A. Minutes
- 9 -
June 3, 2002
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Councillor Trim chaired this portion of the meeting.
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OPERATIONS DEPARTMENT
Vandalism Update
Resolution #GPA-260-02
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Moved by Councillor Robinson, seconded by Councillor Rowe
THAT Report OPD-010-02 be received for information.
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"CARRIED"
EMERGENCY SERVICES DEPARTMENT
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There were no items considered unaer this section of the agenda.
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COMMUNITY SERVICES DEPARTMENT
There were no items considered under this section of the agenda.
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Councillor Pingle chaired this portion of the meeting.
CLERK'S DEPARTMENT
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There were no items considered under this section of the agenda.
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Mayor Mutton chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
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Supplier Information
Night
Resolution #GPA-261-02
Moved by Councillor MacArthur, seconded by Councillor Schell
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THAT Report COD-28-02 be received for Information.
"CARRIED"
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FINANCE DEPARTMENT
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List of Applications
for Cancellation.
Reductions or
Refund of Taxes
Resolution #GPA-262-02
Moved by Councillor Schell. seconded by Councillor Trim
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THAT Report FND-009-02 be received; and
THAT the list of applications for cancellation, reduction or refund of taxes
attached to Report FND-009-02 be approved.
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"CARRIED"
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GP. & A. Minutes
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June 3, 2002
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FINANCE DEPARTMENT CaNTO.
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Cash Activity
Report - First
Quarter of 2002
Resolution #GPA-263-02
Moved by Councillor Robinson, seconded by Councillor MacArthur
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THAT Report FND-010-02 be received;
THAT in accordance with provision of Chapter M-45. Section 79 (1) of
the Municipal Act. R.S.O. 1990, the Treasurer reports the cash position
of the Municipality of Clarington for the first quarter of the year 2002, as
shown on the schedule attached to Report FND-O 10-02; and
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THAT Part "A" of the expenditures for the first Quarter of the year be
confirmed.
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"CARRIED"
CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
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There were no items considered under this section of the agenda,
UNFINISHED BUSINESS
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Inspector Tom Resolution #GPA-264-02
Cameron - Clarington
Community Police Moved by Councillor Trim, seconded by Councillor Rowe
Patrol Plan
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THAT Inspector Tom Cameron be thanked for his presentation and that
he be advised that Council is very supportive of the new Policing
Enhancement Initiatives; and
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THAT Inspector Tom Cameron and the Police Services Board be
advised of Council's decision.
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"CARRIED"
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OTHER BUSINESS
Resolution #GPA-265-02
Moved by Councillor Trim, seconded by Councillor Schell
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THAT the Mayor and Council send a letter to Genei"al Motors
congratulating them on their high performance.
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"CARRIED"
Resolution #GPA-266-02
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Moved by Councillor Trim, seconded by Councillor MacArthur
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THAT the Great Canadian Town Band Festival Committee be allowed to
erect tents in the village of Orono for the purpose of various public
musical presentations on June 15 and 16,2002, FORTHWITH.
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(MOTION WITHDI~WN LATER IN THE
MEETING)
310
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GP. & A. Minutes
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June 3. 2002
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OTHER BUSINESS CONT'D.
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ADJOURNMENT
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Resolution #GPA-267 -02
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the meeting be "closed" for the purpose of discussing a legal
issue.
'CARRIED"
Resolution #GPA-268-02
Movea by Councillor Schell, seconded by Councillor Robinson
THAT the actions taken at the "c!osea" meeting De ratified.
Resolution #GPA-266-02 was withdrawn
Resolution #GPA-269-02
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the meeting adjourn at 12:00 Noon.
"CARRIED"
MAYOR
DEPUTY CLERK
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PUBLIC MEETING
REPORT # - 062 - 02
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
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Cl~_n
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
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Application by: Municipality of Clarington
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TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public
meeting to consider a proposed Official Plan Amendment under Section 17 of the Planning Act, 1990. as
amended.
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DATE:
TIME:
PLACE:
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MONDAY, JUNE 17.2002
9:30 A.M.
Council Chambers, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
The proposed official plan amendment submitted by Municipality of Clarington proposes to
designate Prestonvale Road between Bloor Street to the south and Robert Adams to the north as a
Collector Road.
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The lands subject to the application are located in Part Lots 32 and 33, fanner Township of Dar1ington, as
shown on the reverse.
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ANY PERSON may attend the public meeting and/or make written or verbal representation either in
support of or in opposition to the proposal. Please note that the time listed above reflects the time at which
the General Purpose and Administration Committee Meeting commences, not necessarily when this item
will be considered.
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IF YOU wish to make a written submission in respect of the Official Plan Amendment Application, or to be
notified of the adoption of the proposed Official Plan Amendment write to Mr. David Crome, M.C.I.P.,
R.P.P., Director of Planning Services at the address given below.
An 0ffic:iaI Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of
Durham for approval, unless it is determined during the review process that the Amendment is exempt
from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes
final, subject to any appeal during the statutory appeal period.
IF A PERSON OR PUBLIC BODY that files an appeal has not made an oral submission at a public
meeting or has not made a written submission to the Municipality of Clarington before the proposed
Official Plan Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal.
THE PROPOSED Official Plan Amendment text and background materials relating to the proposal are
available for inspection between 8:00 a.m. ~nd 5:00 p.m. at the Planning SelVices Department, Municipal
Administrative Centre, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Allison Ruddock
or Car10 Pellarin at (905) 623-3379.
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Dated at the Municipality of Clarington this 22nd day of May 2002.
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. Crome, MCIP, R.P.P.
Di or of Planning Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L 1C 3A6
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BLOOR STREET
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Courtice Key Map
CC)PA 2002-007 ..
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Cl~ilJglOn
REPORT
PLANNING SERVICES
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PUBLIC MEETING
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 17, 2002
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Report #:
PSD-062-02
File #: COPA 2002-007
By-law #:
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Subject:
CLARINGTON OFFICIAL PLAN AMENDMENT. PRESTONVAlE ROAD
APPLICANT: MUNICIPALITY OF CLARINGTON
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RECOMMENDATIONS:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
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1.
THAT Report PSD-062-02 be received;
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2. THAT the Official Plan Amendment initiated by the Municipality of Clarington be referred
back to Staff for further processing and preparation of a subsequent report;
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
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Submitted by: ~
D vi . Crome, M.C.I.P.,R.P.P.
Director, Planning Services
Reviewed by:n ~ - ~
Franklin Wu
Chief Administrative Officer
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AR'"CP'"DJC'"df
11 June 2002
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
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REPORT NO.: PSD-062-o2
PAGE 2
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3.0 BACKGROUND
3.1 At the time of the preparation of the Clarington Official Plan, staff recommended
the designation of Prestonvale Road as a Type C Arterial. Staff noted that with
the additional population and large industrial area, Prestonvale Road was an
important component of the transportation network and :should not remain as a
Local Road. A number of residents were opposed to this designation and the
Council of the day directed staff to designate the street as a Local Road.
1.0
1.1
1.2
2.0
2.1
APPLICATION DETAILS
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Proponent:
Municipality of Clarington
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Official Plan Amendment:
To amend the designation of Prestonvale Road as shown on
Map B2 from "Local Road" to "Collector Road".
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LOCATION
The subject portion of Prestonvale Road is located south of the intersection of
Robert Adams Drive and north of the intersection of Bloor Street and in part
follows the lot line between Lot 32 and Lot 33, Concession 1, and in part is within
Lot 33, Concession 1, former Township of Darlington.
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3.2.1 The proposed change will recognize Prestonvale Road within the specified area
as a collector road consistent with the level of traffic experienced on the street
and the requirements of the transportation network as outlined in Report EGD-
028-02 and a report from Totten Sims Hubicki entitled Preston vale Road Traffic
Analysis and Classification Review.
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3.3 As Council is aware, all public works must be carried out in conformity with its
Official Plan. The planned Prestonvale Road improvements between Glenabbey
Drive and Bloor Street cannot be constructed to a collector road standard until
the Official Plan is amended.
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REPORT NO.: PSD-062-02
PAGE 3
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4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject road runs in a north-south direction from Highway NO.2 to Baseline
Road in Courtice. North of Robert Adams Drive, Prestonvale Road is designated
as a Collector Road. South of Bloor Street, Prestonvale Road is designated as a
Type C Arterial Road.
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4.2 Surrounding Uses:
Most of Prestonvale Road between Robert Adams Drive and Bloor Street is lined
by single detached or link homes with direct access to the road. South of
Glenabby Drive the lands on the west side are under development for an
elementary school. A future secondary school site is also reserved in this
location.
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OFFICIAL PLAN POLICIES
The Clarington Official Plan designates Prestonvale Road as a "Local Road".
Local roads are to carry lower volumes of traffic and facilitate access to individual
properties.
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6.0 PUBLIC NOTICE AND SUBMISSION
6.1 Public notice was placed in the Clarington This Week on Friday, May 24, 2002.
In addition notice was given by mail to each landowner fronting on Prestonvale
Road between Bloor Street and Robert Adams Drive, as well as individuals who
have expressed an interest in the future planning of the road at an open house
held in February 2002 by the Engineering Services Department.
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Numerous general inquiries by telephone have been received by the Planning
Services Department on this application, mainly for clarification on the meaning
of a collector road. The majority of callers did not object to the redesignation
when informed that the change was to recognize the existing use of the road.
They were also concerned that the Municipality was proposing road widenings on
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REPORT NO.: PSD-062-o2
PAGE 4
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Prestonvale Road. They did, however, raise concerns about traffic levels and
safety along the road, particularly in the area of the new school.
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7.0 AGENCY COMMENTS
7.1 The application has been circulated to the following agencies for review:
7.2
8.0
8.1
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· '=!arington Engineering Services Department
· Clarington Operations Department
· Durham Region Planning Department
· Durham Region Works Department
As of the writing of this report no comments have bE~en received, however,
Engineering Services recommended initiation of this redHsignation in a previous
report to Council (EGD-28-02), and are supportive of the application.
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COMMENTS
Development pressures, including new subdivisions, a new public elementary
school and plans for a new South Courtice Community Park, in the southwest
quadrant of Courtice, have resulted in the need to review long-term
transportation and infrastructure needs in the area. As a result of residents'
concerns about potential traffic impacts on Prestonvale F~oad resulting from the
development of the proposed community park, the Engineering Services
Department retained Totten Sims Hubicki Associates (TSH) to prepare a
comprehensive report entitled Preston vale Road- Traffic Analysis and
Classification Review. A copy of the executive summary of this report is attached
as Attachment 3.
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8.2. The TSH report concludes that where Prestonvale Road currently functions as a
collector road by collecting and distributing traffic between local roads and more ..
highly travelled roads (such as Highway NO.2 and Bloor Street), it should be
recognized in the Clarington Official Plan as a collector mad. The only way to ..
realistically reduce the role of Prestonvale Road to that of a "Local Road" would
604
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REPORT NO.: PSD-062.Q2
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PAGE 5
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be to physically close the street to through traffic. The TSH report stipulates that
this would not be practical given the existing road network and current traffic
volume on Prestonvale Road.
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8.3 The TSH report has recommended that the Clarington Official Plan be amended
to recogmze Prestonvale Road from Robert Adams Drive to Bloor- Street as a
collector roadway. Council directed Planning Services to initiate the proposed
Official Plan Amendment through the recommendations of Engineering Services
Report EGD-28-02.
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9.0 CONCLUSIONS
9.1 As the purpose of this report is to satisfy the requirements for the Public Meeting
under the P1anning Act, and taking into consideration all of the comments
received, it is respectfully requested that this report be referred back to Staff for
further processing and the preparation of a subsequent report.
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Attachments:
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Attachment 1 - Key Map
Attachment 2 - Proposed Amendment to Map B2
Attachment 3 - Prestonvale Road-Traffic Analysis and Classification Review, Executive
Summary
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BLOOR STREET
Courtice Key Map
606
C10PA 2002-007 r
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EXHIBIT "AN
AMENDMENT No. TO THE MUNICIPALITY OF CLARtNGTON OFFICIAL PLAN
MAP B2, TRANSPARTATION, COURTICE URBAN AREA
It N::,
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.. URBAN BOUNDARY
. .... ',m,__. I'Ml:WAY
TYPE A ARTERIAl.
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DESIGNATE AS
"COLLECTOR ROAD"
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COllECTOR ROAD
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EXISTING F'\JT\K
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200 m
200 400 100 100 m
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MAP 82
TRANSPORTATION
COURTICEURBANAREA
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OFFICIAL PLAN
MUNICIPAUTY OF CLARINGTON
DECEMBER 4, 2000
REFER TO SECTION 19
I THIS COHSOl.lli\T1ON IS PIlOWlEO FOR CON\/EHIENC[ ONlY I
AHD IlEPREStHTS REOlJEST[!) llOOlflCATlOHS AHO 1i'PflI:N/>LS
LAKE ONTARIO
607
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ATTACH" :
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THE MUNICIPALITY OF ClARINGTON
PRESTONV ALE ROAD TRAFFIC ANALYSIS
AND CLASSIFICATION REVIEW
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EXECUTIVE SUMMARY
TSH staff have reviewed current and historic transoortation information relating to
Prestonvale Road as well as completing an assessment of the impact of traffic generated
from future growth in South Courtice on Prestonvale Road. The purpose of the review and
assessment was to determine an appropriate classification, cross..section and standard for
Prestonvale Road between Robert Adams Drive and Bloor Street.
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Based on the analysis conducted as part of this study as well as the work completed on
previous transportation studies for this area, the following has been concluded:
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1 . The technical and planning considerations summarized in this report, confirm that
Prestonvale Road should be classified as a collector road from Robert Adams Drive
to Bloor Street. From Bloor Street South it should continue to be classified as a
Type C arterial. There is a potential argument, based upon prevailing and future
volumes, supporting the classification of Prestonvale Road as a Type C arterial from
Highway 2 to Bloor Street. However, recognizing that thl3 roadway satisfies more
"criteria" for a "collector" standard facility, it has boen concluded that the
"collector. designation would be more appropriate;
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2. Previous decisions to classify Prestonvale Road as a '''Iocal. roadway from a
technical perspective, are considered inappropriate and did not reflect the true
function of this facility.
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3. Although it is suggested that Prestonvale Road between Robert Adams Drive and
Bloor Street be classified as a collector, it must be recognized that it should be
considesred a "higher standard. collector than either G1enabbey Drive, Robert
Adams Drive or Sandringham Drive. Although neither the Municipality of Clarington
or the Region of Durham recognize a "higher collector", this classification may be
appropriate for Prestonvale Road in comparison to Hobert Adams Drive or
Glenabbey Drive. Robert Adams Drive and Glenabbey Drive actually connect to
Prestonvale Road;
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4. Prestonvale Road from Glenabbey Drive to Bloor Street should be reconstructed as a
collector standard roadway with a pavement width of 10 III where possible;
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5. If Council determines that Prestonvale Road should be classified as a local roadway,
road closure or other physical measures would be requil"ed to reduce the traffic
volumes consistent with a local status. This would have a significant and negative
effect on traffic volumes on Robert Adams Drive and Glenabbey Drive and result in
these roadways potentially exceeding a "threshold of good environment".
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THE MUNICIPALITY OF CLARINGTON
PRESTONV ALE ROAD TRAFFIC ANALYSIS AND CLASSIFICATION REVIEW
Page Ii
EXECUTIVE SUMMARY (Cont'd.)
6.
Consistent with other collector roadways within the Municipality of Clarington,
there is a need to ensure that the residents' concerns relating to speed are
adequately addressed. In this regard, there is an opportunity through sensitive
streetscaping and the responsible use of traffic calming measures associated with
the planned roadway reconstruction, to potentially deal with these issues.
In order to address the needs of the local and area transportation network in South
Courtice the following is recommended:
1.
That the Municipality of Clarington prepare an amendment to the Official Plan
recognizing Prestonvale Road from Robert Adams Drive to Bloor Street as a
collector roadway.
2.
That the Municipality of Clarington reconstruct Prestonvale Road from Glenabbey
Drive to Bloor Street with a 10m cross-section. The design should incorporate
streetscaping and traffic calming strategies, where appropriate, to mitigate concerns
relating to vehicular speeds. A traffic calming plan should be reviewed with the
local residents prior to any traffic calming measures being implemented.
3.
This study should be updated when more definitive information is available on the activities, to
be conducted at the South Courtice Community Facility.
609
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QC1!illglOn
REPORT
PLANNING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 17, 2002
Report #: PSD-063-02 File # COPA 2001-002
Subject:
CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION FOR
COURTICE MAIN CENTRAL AREA AND HIGHWAY 2 CORRIDOR
SECONDARY PLAN
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-063-02 be received;
THAT Amendment No. 24 to the Clarin9ton Official Plan with respect to the
Courtice Main Central Area and Highway 2 Corridor as contained in Attachment
3 be APPROVED and that the necessary by-law be passed;
THAT the Courtice Main Central Area and Highway 2 Corridor Urban Design
Guidelines, May 2002 be ADOPTED; and
THAT the Region of Durham Planning and Public Works Departments and all
interested parties listed in this report and any delegations be advised of Council's
decision.
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Submitted by: ~ Reviewed bY:U ~~~ .
Daiid . Crome, M.C.I.P., R. P. P. Franklin Wu
Director, Planning Services Chief Administrative Officer
BN*RH*DJC*sh
June 11, 2002
610
REPORT: PSD.Q63.Q1
PAGE 2
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1.0 BACKGROUND AND PURPOSE
1.1
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The Courtice Highway 2 Corridor/Main Central Area Study was initiated by the
Municipality of Clarington and the Region of Durham in July 2000. The consulting
firms of Markson, Borooah, Hodgson Architects, TSH Associates, Valerie
Cranmer and Associates and TCI Management Consultants were engaged to
conduct the Study. A Technical Committee consisting of Planning and
Engineering Staff of the Municipality of Clarington. Planning and Engineering Staff
of the Region of Durham and Central Lake Ontario Conservation Authority, as well
a Study Committee consisting of Municipal Councillors. major property owners
and residents were set up to work with the consultants on the Study (Attachment
1 ).
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1.2 The purpose of the Study was:
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1 .3 The original study approach was to conceive of the Courtice Highway 2 Corridor
and the Main Central Area as separate and distinct entitiE~s. It was the intent to
complete the Courtice Highway 2 Corridor Study prior to developing the
Secondary Plan for the Main Central Area. However, during the course of the
study it became apparent that the issues along the Courtice Highway 2 Corridor
and the Main Central Area were similar, and any policy for one area would need
to be integrally linked with policies for the other area.
· To provide urban design principles to guide the dEwelopment of Courtice
Highway 2 as a Main Street for the community;
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· To create an overall framework for a range of uses along the Corridor that
will accommodate change through various development scenarios in the
long term; and _
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· To create a framework for the development of the Main Central Area into
the primary focal point of activity, interest and identity for Courtice and to ...
provide urban design guidelines, access management strategies and an
implementation strategy to assist the Municipality in the development of
this critical part of the Courtice Urban Area. ...
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REPORT: PSD.Q63.Q1
PAGE 3
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1.4 As a result, and with Council's approval in January 2001, a single Secondary
Plan was prepared for both areas addressing policy, land use and urban design
issues.
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The Study consisted of seven phases as follows:
· Identification of Issues, Constraints and Opportunities
· Principles of Land Use, Urban Design and Transportation
· Developing a Vision
· Confirming the Vision
· Policy Directions and Urban Design Guidelines
· Draft Secondary Plan and Implementation Strategy; and
· Final Report
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1.5 Each phase was developed with input from the committees, major property
owners and five workshops held throughout the study process. In addition, the
planning process was supported by an extensive communication strategy and
the production and distribution of four interim reports, newspaper advertisements,
municipal web site updates and a series of newsletters that summarized the
results of the consultation process.
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1.6 The completed Study, together with a summary of recommendations was
presented to Council on July 18, 2001. At Council's authorization Staff prepared
a Secondary Plan using the information contained in the Courtice Highway 2
Corridor/ Main Central Area Study as appropriate. The guideline principles used
in developing the Secondary Plan include:
· The protection of Black Creek and Farewell Creek from development;
· Compact urban development which supports the provision of transit along
Courtice Highway 2, promotes a mixture of uses and good urban design
which include linkages for pedestrians and cyclists;
· Courtice Highway 2 is a main street as well as a regional arterial road;
· The expansion of strip commercial development is not permitted;
· A variety of uses are permitted in the Main Central Area. This includes
25,000 square metres of commercial floor space and 250 units of high density
residential development with a maximum height of 6 storeys; and
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REPORT: PSD-063.Q1
PAGE 4
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1.7
1.8
· Central areas are people-oriented places with a high quality pedestrian
environment that includes civic squares, parks and walkways.
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In addition to the Secondary Plan, urban design guidelinE!s were prepared. The
Urban Design Guidelines are intended to assist in the interpretation and
implementation of development proposals for the Courtice Main Central Area and
Highway 2 Corridor (Attachment 2, forwarded under separate cover). Elements
of the guidelines include strategies to:
· Create a distinct identity for Courtice through the development of
gateways, markers. interpretive locations. entrance treatments, signage
and landscaping;
· I mprove liveability;
· Create a pedestrian friendly environment through a grid street system in
the Main Central Area;
· Create pedestrian trail link for the elementary school through the Main
Central Area to the Community Complex; and
· Provide consistency and evolve over time.
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At a Public Meeting held on September 17, 2001 a proposal to amend the
Clarington Official Plan to incorporate the Secondary Plan was considered by the
General Purpose and Administration Committee. A number of delegations were
made to the Committee regarding the proposal. These~ are discussed further
under Section 3.0 of this report.
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2.0 PROPOSED CLARINGTON OFFICIAL PLAN AMENDMENT
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2.1 Attachment 3 contains the proposed amendment to the Clarington Official Plan.
The amendment incorporates a number of issues ra ised during the study
process. The amendment proposes the following changes to the Clarington
Official Plan:
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i)
Sections 16.8 - Special Policy Area F - Highway 2 Corridor and 17.2-
Special Study Area No. 1 - Courtice Main Central Area are to be
deleted in their entirety;
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REPORT: PSD-063-o1
PAGE 5
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ii)
Map A2 - Land Use Courtice Urban Area will be changed to indicate
that the above areas now constitute the Courtice Highway 2
Corridor/Main Central Area Secondary Plan;
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iii)
To amend Table 9.2 to adjust the population targets for the Courtice
Main Central Area by moving 100 residential units from the High
Density Designation to Medium Density Designation;
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iv) To amend Table 10-1 to the include the Prestonvale/King node as a
~ocal Central Area; and
v)
To incorporate the proposed Courtice Main Central Area and Highway
2 Corridor Secondary Plan in the Official Plan.
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2.2 The following highlights aspects of the proposed Seconoary Plan:
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· A Local Central Area at Prestonvale Road and Courtice Highway 2. This
designation is an expansion from the existing Neighbourhood
Commercial designation. The effect is an additional 2,000 square
metres of retail space, 1,000 square metres of office space and 25
residential units for this area.
· Medium density residential is proposed on the south side of Highway 2
between Sandringham Drive and Trulls Road, Maplefield Drive to the
automotive dealership at Courtice Road and the north side of Highway 2
from the Local Central Area at Prestonvale Road to east of Trulls Road
except for the Rogers Cable property which is designated for office use.
It is felt that higher density residential use along the corridor for
approximately 500 units is important for achieving the transit supportive
objective of the Official Plan and for contributing to an active street
environment.
· A special mixed use designation is proposed for the north side of
Courtice Highway 2 from Trulls Road to Maplefield Drive. A range of
uses are permitted within this land use category which are intended to
complement the uses of the Main Central Area and facilitate the
development of a "main street" node along the corridor. The effect of
this designation is an additional 3,000 square metres of commercial
space if the Church property remains institutional use.
· The Main Central Area will include retail commercial, community
facilities, a civic square and medium and high density residential uses.
A total of 25,000 square metres of commercial space and 250 medium
and light density residential units can be accommodated. This includes
proposed single detached homes along Sandringham Drive and south of
Caleche Avenue.
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3.0
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3.1
PUBLIC COMMENTS
At the statutory Public Meeting, held on September 17, 2001 input was received
from affected area residents and landowners. In additiOl1, several delegations
submitted their comments in written form subsequent to the meeting. The
following summarizes issues that were raised through verbal presentations at the
meeting and through subsequent correspondence as well as Staffs response to
:hese Issues. :n aadressing some of these Issues Staff subsequently met with a
number of property owners to further discuss their concerns and find a resolution
to their problems. Comments received from the publ ~c together with Staff
.':omments are documented in greater detail in Attachment 4.
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3.2 Southeast Corner of Courtice Highway 2 and Trulls Roald
3.2.1 Comments
· The following comments relate to a 6.5 hectare commercial parcel at the
southeast corner of Highway 2 and Trulls Road.
· Although the owner agrees with the principles of the Plan, the proposed
amendment precludes a strip centre at this time. In reality, development
initially will consist of a strip centre, which will emer~)e into a larger centre
over time.
· More flexibility may be necessary in locating the building footprint of a
grocery store.
· The roads and open space shown in the proposed amendment occupy
35% of the site. The resulting blocks are too small to accommodate viable
commercial development.
· The proposed road network may result in traffic cuttllng through the plaza,
adversely affecting existing neighbourhoods.
· The open space shown exceeds the 2% parkland dedication permitted
under the Planning Act. The scale of the open spaCl3 block is too large for
the area.
· The proposed urban design vision does not recognize market realities, nor
does the Municipality have the power to regulate urban design under the
Planning Act.
· Phasing pOlicies limiting commercial potential are necessary in order to
allow the Courtice Main Central Area to become established.
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REPORT: PSD.Q63-Q1
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· The proposed public and future public roads for vehicular access are not
warranted and should be replaced with easements. The Avondale Drive
extension into the commercial area would be an easement and restricted
to pedestrian access until long term site redevelopment occurs.
· Single detached units will be developed along Sandringham Drive and
Maplefield Drive south of Caleche Avenue.
· Caleche Avenue must be removed from the plan since it sterilizes the
southern portion of the commercial lands. Caleche Avenue will not be
implemented since the existing commercial development on Trulls Road
VIii not move.
· The preference is to build an "L" shaped building with no external
vehicular access. The owner does not want traffic cutting through the
commercial centre. The proposed pedestrian access easements
represent a compromise. The landowners are willing to provide for a long
term grid road pattern as warranted through intensified development.
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3.2.1 Staff Response
· Although the Municipality recognizes that commercial development will be
phased over time, it is not the goal of the Plan to have a strip plaza
developed in the Courtice Main Central Area. The Municipality will work
with the developer to phase development, ensuring that an appropriate
amount of street-related commercial development occurs on the property
over time.
· Two major changes have been made to provide a greater level of flexibility
in siting the grocery store.
a) Additional retail commercial road frontage on Courtice Highway 2
has been designated, allowing for greater siting flexibility. The
developer would have to purchase these lands from the abutting
owner; and
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b) A public road, which previously separated the commercial and high
density residential uses, has been deleted from the Plan. The area
may instead be used for development purposes, such as a laneway
to service commercial development.
· The road pattern of the Main Central Area has been amended by deleting
one road and realigning the Caleche Avenue extension southward and
terminating it at the proposed northward extension of Granary Lane. The
traffic circle around the open space block has been removed in favour of
an intersection. The open space block previously delineated in the centre
of the retail designation has been shifted towards the western portion of
this designation. These changes require only 23% of the site area be
utilized for roads and open space use.
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REPORT: PSD-063.Q1
PAGE 8
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· The Avondale Drive extension is a public road through the retail
commercial area which will link with Strathallan Drive on the west side of
Trulls Road. This grid road network is intended to increase connectivity
between neighbourhoods through the Main Central Area, rather than
requiring residents to travel around the retail area.
· The open space area has been reduced in scale to function as a green
area within the Main Central Area. This area could be developed in
conjunction with retail or restaurant uses. Any area in excess of 2% would
be purchased by the Municipality.
· The Plan will reqUire street-related development along Courtice Highway 2
and Trulls Road. It also permits future retail and rESidential intensification
along all pUblic and private roads over time. Urban design will be
regulated primarily through guidelines, which provide for flexibility.
· Phasing policies will only permit retail development to occur in the "Mixed
Street related Commercial Use Area" after 5,000 square metres of retail
development has occurred in the Courtice Main Central Area, allowing this
area to establish itself.
· Further road deletions wi'! not fulfil the grid street objective. Avondale
Drive must be connected to Trulls Road as a public street to serve the
high density residential areas west of Maplefield Drllve and the commercial
centre. This allows better access to the commerdal centre for adjacent
residents to the east. There is no justification for a 20 metres pedestrian
easement.
· Staff agree with single detached units to buffer the residential areas to the
south and east. The overall density for the medium density area must be
betwum 50 and 60 units per hectare.
· Removing Caleche Avenue from the road grid network increases the
amount of commercial development area. The proposed change treats
the commercial block as an isolated parcel without any integration with
adjacent lands. It should be noted that this road functions as a major
access to the site and is necessary in some form. Staff does not support
the proposed change.
· The Municipality does not support an "L" shaped pli3za separated from the
surrounding residential areas. The development will still function in
separate blocks. Staff do not share the view that traffic will short-cut
through the development. The Avondale Drive and Granary Lane
extensions are vital public roadways.
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REPORT: PSD-063.Q1
PAGE 9
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3.3 Courtice Highway 2 and Maplefield Drive
3.3.1 Comments
The owner of lands at the corner of Courtice Highway 2 and Maplefield Drive
requested that they be redesignated from "Medium Density Residential" to "Mixed
Use Street-Related Commercial Use Area" for the following reasons:
· The property's corner location is a key transition point and gateway into
the community.
· The designation provides additional land use flexibility.
· The proposed land use is compatible with surrounding uses.
· This allows for conversion and preservation of the eXIsting housing stock
in the area.
· Conversions are the first step towards intensification along the Corridor.
· The property has been in the family for generations.
It should be noted that the owner of these lands submitted a rezoning and a site
plan application to permit the conversion of an existing residential building on the
site both of which were later appealed to the Ontario Municipal Board (OMB).
The owner also appealed to the Board the Interim Control By-law 2001-163
which was passed by Council on September 10, 2001.
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3.3.2 Staff Response
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· Resolution of the issues associated with this property is considered under
a separate confidential report to Council.
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3.4Courtice Highway 2 Corridor
3.4.1 Comments
A petition was presented by landowners along Courtice Highway 2 between
Prestonvale Road and Trulls Road requesting their land use designation be
changed from "Medium Density Residential" to "Mixed Use Street-Related
Commercial Area". All landowners on the south side of Courtice Highway 2 east
of Maplefield Drive subsequently requested that their names be added to the
petition.
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REPORT: PSD-063.Q1
PAGE 10
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· The existing businesses along Highway 2 provide a commercial flavour to
Highway 2. The proposed designation is detrimental to further growth. In
order to promote continued commercial growth along Highway 2, the
"Mixed Use Street-Related Commercial Area" designation is necessary.
· This designation in conjunction with the single detached dwelling buffer
along the north side of Avondale Drive does not make redevelopment
economically feasible.
· The potential for low income housing wiil have a detrimental impact on
eXIsting property values.
· -he land use designation along Courtlce rliqhway 2 should treat all
properties equally.
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3.4.2 Staff Response
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· The Official Plan concentrates the retail potential within the Main Central
Area to create a commercial node, rather than distributing retail potential
along Highway 2. The "Mixed Use Street-Related Commercial Area"
designation is located across from the Main Central Area to enhance the
nodal concept. Although some commercially zoned areas exist along
Courtice Highway 2 outside of the Main Central Area, previous policies
have never supported the Courtice Highway 2 Corridor as a commercial
strip. Also, both the Durham Region Official Plan and Clarington Official
Plan promote higher density residential in order to support the use of
transit along the corridor. Also, it is felt that a proliferation of commercial
development along Courtice Highway 2 will exacerbate traffic
management problems in this area. As a result Staff believe that the
"Medium Density Residential" designation as shown is appropriate for the
Highway 2 Corridor.
· The row of single detached residential use along the north side of
Avondale Drive was implemented to buffer existing residents on Avondale
Drive from more intensive residential development. These units would be
on wide-shallow lots, which would leave sufficient land area for medium
density uses, either in row or block form fronting Courtice Highway 2.
Financial feasibility will increase with housing demands as Courtice grows.
As this area along Avondale Drive was not originally part of Special Policy
Area F it is now removed from the Secondary Plan area.
· Medium density forms of housing can be developed for all income ranges.
It is noted that there are currently condominium projects under review in
Bowmanville and Newcastle. The Municipality will ensure that high
standards of urban design are implemented.
3.5 General
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3.5.1 Comments
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The following concerns relate generally to the Courtice Main Central Area.
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REPORT: PSD-063-01
PAGE 11
· Residential development with rear lanes should remain optional.
· Some landowners are not interested in developing high density residential
projects.
· High rise buildings and commercial parking lots are havens for youth
hangouts.
· The open space block indicated on the commercial lands could be shifted
onto the residential lands, which would be more cost effective to obtain for
the Municipality.
· The Durham Regional Police Department should establish a police station
in the Courtice Main Central Area to provide a presence.
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3.5.1 Staff Response
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· Residential development with rear lanes will remain optional.
Alternatively, rear lands may be utilized to accommodate development.
· The Official Plan pOlicies provide for a variety of housing types. The
highest residential densities are concentrated in downtown areas and
along major arterial routes for transit accessibility. As the Courtice Main
Central Area fulfils both of these criteria, medium and high density
residential uses are appropriate at this location.
· Proper site and building design can minimize the opportunities for youth
hangouts.
· Moving the open space block onto' the residential areas would limit the
feasibility for high density residential development. The open space block
has been reduced in scale and shifted west towards Trulls Road. Any
additional costs to the Municipality would be manageable.
· The Secondary Plan permits a police station in the community facility
block at Trulls Road and Sandrignham Drive. Staff support the
establishment of a Courtice detachment for the Durham Regional Police in
the Main Central Area.
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4.0 AGENCY COMMENTS
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4.1 The following agency comments were received through the circulation process of
the proposed amendment. An explanation of Staffs response to the comments is
provided below the list of agency issues.
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4.2 Clarington Emergency Services and Fire Department and the Public School
Board
These agencies have no objection to the proposal.
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REPORT: PSD-063.Q1
PAGE 12
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4.3 Engineering Services Department
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4.3.1 '1 ~ngineering Services Department has no objection to the proposal provided
tt :ese issue') are addressed.
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· I ne Department favours private rear lanes over public rear lanes. These may
be required in certain situations where lot depths permit.
· Parking access points should minimize disruption to traffic flows.
· Traffic issues should be considered and addressed as required for larger
developments.
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4.3.2 Staff Response
· Where rear lanes are required to service a development, they will be private
in nature and the Municipality will not be responsible for their maintenance.
· Parking access and transportation issues for development proposals will be
examined through the rezoning and site plan approval processes. A policy
has been added to allow transportation issues to be monitored and
addressed.
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4.4 Durham Region Planning Department
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4.4.1 Comments
The Durham Region Planning Department has no objection to the proposed
amendment but offers the following comments.
· Potential noise impacts may be present along the Courtice Highway 2
Corridor. Acoustic noise reports may be required for residential
developments.
· The northern portion of the Corridor has been assessed as having a high
potential for archaeological remains due to the proximity of Black Creek.
Archaeological assessments may be necessary prior to approval of
development proposals.
· A buffer has been incorporated along the northern limits of the Corridor to
protect Black Creek. Any proposed development must demonstrate that the
ecological function of Black Creek and the associated woodlands is not
impacted.
· As the proposed amendment is considered to have no significant Regional or
Provincial concerns the amendment is exempt from Regional approval.
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REPORT: PSD.Q63.Q1
PAGE 13
4.4.2 Staff Response
· Staff will ensure that the issues mentioned above are addressed through the
development application review process.
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4.5 Durham Region Public Works Department
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4.5.1 Comments
The Durham Region Public Works Department offers no objection to the
proposed amendment but offers the following comments:
· Municipal water abuts lands fronting on Courtice Highway 2 from Prestonvale
Road to Trulls Road and from Courtice Road to approximately 100 metres
west of the future Maplefield Drive.
· Municipal sewers are presently not available along Courtice Highway 2 from
Prestonvale Road to Courtice Road. The Region anticipates that a dual
sanitary system is required from Prestonvale Road to Courtice Road along
the north side of Courtice Highway 2 and by way of easement on the south
side of Courtice Highway 2. Sanitary sewer extensions are required to the
east and west of Maplefield Drive along Highway 2 to service abutting lands
between Trulls Road to Courtice Road.
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4.5.2 Staff Response
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· The Region should be encouraged to budget for the complete municipal
servicing of the Courtice Highway 2 Corridor in Courtice as soon as possible
to facilitate future development of the area.
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4.6 Central Lake Ontario Conservation
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4.6.1 Comments
Central Lake Ontario Conservation supports the proposed amendment provided
that the following concerns are addressed.
· The northwest corner of Courtice Highway 2 and Trulls Road may not be
large enough to support community facilities.
· Policies in the "Mixed Use Street-Related Commercial Area" should ensure
that development does not occur within 5 metres of the defined stable top-of-
bank.
· The policies should ensure that stormwater management is addressed as
development proceeds. This may include updating the Courtice Stormwater
Management Study or the preparation of a Master Drainage Plan or a
Subwatershed Study. Funding schemes would need to be addressed.
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REPORT: PSO.Q63.Q1
PAGE 14
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· It may be appropriate to delineate the adjacent "Environmental Protection
(EP)" lands.
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4.6.2 Staff Response
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· The northwest corner of Courtice Highway 2 and Trulls Road is designated
as a park. Community facilities have been deleted as a permitted use for the
property.
· The development setback from the stable top-of-bank along the Black Creek
Valley located adjacent to land designated "Mixed Use Street-Related
Commercial Area" and "Medium Density Residential" will be defined through
Environmental Impact Studies submitted for individual development
applications but in no case will be less than 5 metres.
· It may be necessary that storm water management issues for large
development blocks be addressed through a Master Drainage Plan or
Subwatershed Study. A policy has been included to facilitate the preparation
of these studies.
· The "Environmental Protection Area" designation associated with Black
Creek is technically outside the Secondary Plan area, and therefore is not
identified on the land use schedule. The precise development limits of the
"Environmental Protection Area" will be established as a setback from the
stable top-of-bank through Environmental Impact Studies. This limit will be
at least 5 metres and shall be incorporated into the Zoning By-law.
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4.7 Other Agencies
Comments were never received from the following agencies.
· Hydro One Networks Inc.
· Local Architectural Conservation Advisory Committee
· Separate School Board
· French Public School Board
· French Separate School Board
· Canada Post
· Bell Canada
· Durham Regional Police Department
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Although comments were not received from these agencies, their input will again
be requested once development proposals are submitted.
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5.0 SUMMARY AND CONCLUSION
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In developing the Courtice Main Central Area and Highway 2 Corridor Secondary
Plan extensive consultation was undertaken with the residents and property owners
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REPORT: PSD-063-o1
PAGE 15
in the area. At various stages in the process modifications were made to the Plan
to address public concerns without compromising the intent of the Official Plan.
Subsequent to the September 17, 2001 Public Meeting a number of additional
changes were made to address delegations concerns. Highlights of the major
changes are:
1 . The policies have been reorganized and rewritten to clarify their intent, the
relationship to the Official Plan and the site development requirements.
ihe road system for the Main Central Area has been revised with the
westerly north-south road revised to be a pnvate road, the easterly north-
south road eliminated and a road segment of Caleche Avenue extension
removed.
3. The amount of land dedicated for roads and open space on the lands
owned by Valiant Property Management in the Main Central Area is
reduced from 35% to 23% due to the elimination of certain roads and a
reduction in the open space area.
4. Additional land in the Main Central Area is designated Retail Commercial
to facilitate flexibility in the siting of buildings.
5. The area on the south side of Avondale Drive is removed from the
Secondary Plan area.
6. The Urban Design Guidelines which was prepared to guide the
implementation was modified to reflect the changes that were made to the
Secondary Plan.
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Major issues that were not resolved include:
1. Avondale Road extension into the Main Central Area will not be granted
as a pedestrian easement as requested by Valiant Property Management.
This road extension will remain as public street since it is integral to the
connectivity of the Main Central Area and the surrounding
neighbourhoods.
2. The Medium Density Residential designation along Courtice Highway 2
Corridor will not be changed to Mixed Use Street-Related Commercial
designation as requested by the residents along this area. It is felt that
higher density residential development along the Corridor is appropriate
use for this area as it would support the transit supportive objective of the
Official Plan and contribute to an active street environment. To make this
change as requested would allow for commercial uses along the entire
length of the corridor. It is the intent of the Plan to concentrate
commercial activities at nodes such as the Main Central Area, the Mixed
Use Street-Related Commercial Area and the Local Central Area. In fact
an additional 5,000 square metres of retail commercial space and 1,000
square metres of office space are permitted at these areas in addition to
the 25,000 square metres permitted in the Main Central Area.
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REPORT: PSD.Q63.Q1
PAGE 16
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3. Issues related to the property at the corner of Courtice Highway 2 and the
proposed Maplefield Drive are addressed under a separate confidential
report to Council.
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6.0 RECOMMENDATION
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6.1 Based on the comments contained in this report, it is respectfully recommended
that Council APPROVE Amendment No. 24 to the Clarington Official Plan as
contained in Attachment No.3.
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6.2 That the Courtice Main Central Area and Highway 2 Corridor Urban Design
Guidelines be adopted.
6.3 The zoning to implement the policies of Amendment No. 24 will be developed
through the comprehensive Zoning By-law review.
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Attachments:
Attachment 1 - List of Technical and Steering Committee Members
Attachment 2 - Urban Design Guidelines (Forwarded under separate cover)
Attachment 3 - Proposed Amendment to the Clarington Official Plan
Attachment 4 - Summary of Public Comments and Staff Response
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REPORT: PSD-063.Q1
PAGE 17
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Interested parties to be notified of Council and Committee's decision:
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Durham Regional Planning Durham Regional Public Works Department
Department 105 Consumers Dr.
- 1615 Dundas Street East WHITBY, Ontario
4th Floor Lang Tower L 1 N 6A3
PO Box 623
- WHITBY, Ontario
L 1 N 6A3
- Bryce Jordan First-Tech Mechanical Ltd.
G.M. Sernas & Assoc. Ltd. & Maria Wulczyn
110 Scotia Court. Unit 41 c/o Zeppieri & Associates
- Whitby, Ontario 851 Wilson Avenue
L1 N 8Y7 Toronto, ON M3K 1 E6
- Bob Hann Charles Murphy
Valiant Property Management Susan Stephenson
177 Nonquon Road 1556 Highway 2
- OShawa, Ontario Courtice, Ontario
L 1 G 3S2 L 1 E 2R6
- Gordon Heard
David and Wayne West Courtice Baptist Church
1564 Highway 2 18 Jane Avenue
- Courtice, Ontario Courtice, Ontario
L 1 E 2R7 L 1 E 2H9
- Marcel Provenzano
Remax Ability Real Estate Ltd. Jacob Groeneveld
1413 King Street East 1570 Highway 2
- Courtice, Ontario Courtice, Ontario
L 1 E 2J6 L1 E 2R7
... Bill Creamer
D.G. Biddle & Associates Micheline VerVoort
96 King Street East 1574 Highway 2
OShawa, Ontario Courtice, Ontario
- L 1 E 2R7
L 1 H 1 B6
Ives and Pearl Funeral Home Robert Cook
- 1587 Highway 2 1580 Highway 2
Courtice. Ontario Courtice, Ontario
L 1 E 2R7 L 1E 2R7
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REPORT: PSD.Q63.Q1 PAGE 18 11III
Robert Henry Raymond Perstaller 11III
1592 Highway 2 1597 Highway 2
Courtice, Ontario Courtice, Ontario
L 1 E 2R7 L 1 E 2R7 11III
Glenn Turney Cathy & Darcy Naveau
1602 Highway 2 1628 Highway 2 ..
Courtice, Ontario Courtice, Ontario
L 1 E 2R7 L 1 E 2R6
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1490676 Ontario Limited Bruce Robella
1626 Highway 2
1607 Highway 2 Courtice. Ontarro -
Courtice, Ontario L 1 E 2R6
L 1 E 2R7
Lezlie Fry ..
Rogers Telecommunications Inc. Troy Shaw
1 Mount Pleasant Road 1630 Highway 2
11th Floor 11III
Courtice, Ontario
Toronto, Ontario L 1 E 2R6
M4Y 2Y5
11III
Ralph Williams
1635 Highway 2 Walter Michalejko
Courtice, Ontario 1679 Highway 2 ...
L 1 E 2R7 Courtice, Ontario
L 1 E 2R5
Morris Freedman Nicholas Purnell ...
Bonnydon Limited 1705 Highway 2
7111 Dufferin Street Courtice, Ontario
Thornhill, Ontario L 1 E 2R5 ...
L4J 2K2
Michael Clay ...
1711 Highway 2 David White
Courtice, Ontario 2591 Trulls Road
L 1 E 2R5 Courtice, Ontario ...
L 1 E 2N3
Henny and Gail Hartgers 389140 Ontario Inc.
1717 Highway 2 ...
Courtice, Ontario 2651 Trulls Road
L 1 E 2R5 Courtice, Ontario
L 1 E 2N3 ..
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REPORT: PSD.Q63.Q1
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Gene Chartier
Durham Regional Public Works
Department
105 Consumers Drive
Whitby, Ontario L 1 H 6A3
Debbie Clark
Valiant Property Management
177 Nonquon Road
OShawa, Ontario
L 1 G 382
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Rick Gay
Gay Property Management
97 Athol Street East
OShawa, Ontario
L 1 H 1 J8
Libby Racansky
3200 Hancock Road
Courtice, Ontario
L 1 E 2M1
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Ian Smith
1413 King Street East
Courtice, Ontario
L 1 E 2J6
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John Pavicic
1571 Highway 2
Courtice, Ontario
L 1 E 2R8
Arten Balby
Madeleine Norris
1584 Highway 2
Courtice, Ontario
L 1 E 2R7
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Francesco Longo
1588 Highway 2
Courtice, Ontario
L 1 E 2R7
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PAGE 19
Ronald Worboy
Barrister and Solicitor
153 Simcoe Street North
OShawa, Ontario
L 1 G 4S6
Percy Napper
33 Kennedy Drive
Courtice, Ontario
L 1 E 2H2
Ron Wilson
265 Kent Street W.
Lindsay, Ontario
K9V 228
Kevin Tunney
Tunney Planning Inc.
340 Byron Street S.
Suite 200
Whitby, ON L 1 N 4P8
Waljan Holdings Limited
1540 & 1550 Highway 2
Courtice, Ontario
L1 E 2T5
Fred Elliot
1576 Highway 2
Courtice, Ontario
L 1 E 2R7
Derek Baird Holdings Limited
1603 Highway 2
Courtice, Ontario
L 1 E 2R7
Gordon Lund
1615 Highway 2
Courtice, Ontario
L 1 E 2R7
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REPORT: PSD.Q63.Q1
PAGE 20
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Bob and Clair DeKort
1595 Highway 2
Courtice, Ontario
L 1 E 2R7
Robert Gatto
1620 Highway 2
Courtice, Ontario
L 1 E 2R6
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Jeanne and Paul Anderson
1598 Highway 2
Courtice, Ontario
L 1 E 2R7
Leanne and James Muir
1675 Highway 2
Courtice, Ontario
L 1 E 2R5
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Darcy Tompkins
1628 Highway 2
Courtice, Ontario
L1 E 2R6
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Robert Fletcher
1681 Highway 2
Courtice, Ontario
L 1 E 2R5
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Sheila & Bill Joynson
1634 Highway 2
Courtice, Ontario
L 1 E 2R6
Diane and Harold Westerman
1707 Highway 2
Courtice, Ontario
L 1 E 2R5
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Sungbum Kim
2812 Trulls Road
Courtice, Ontario
L 1 E 2N3
Victoria Bezener
1713 Highway 2
Courtice, Ontario
L 1 E 2R5
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Stanley Hoy
2629 Trulls Road
Courtice, Ontario
L 1 E 2N3
Cecil Adema
1719 Highway 2
Courtice, Ontario
L 1 E 2R5
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Gail Regan
1798 Highway 2
Courtice, Ontario
L 1 E 2M5
Jeff Brooks, Durham Regional Planning
Department
1615 Dundas St. W., Box 623
4th Floor, Lang Tower, West Bldg Whitby,
Ontario L 1 N 6A3
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Paul Wylie
19 Short Crescent
Courtice, Ontario
L 1 E 2Z5
Vincent Baffa
Weston Consulting Group Inc.
201 Millway Avenue, Unit 19
Vaughan, Ontario
L4K 5K8
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REPORT: PSD.Q63-Q1
PAGE 21
William Bryans
1560 Highway 2
Courtice, Ontario
L 1 E 2R7
Lynda Townsend Renaud
Suite 100
2896 South Sheridan Way
Oakville, ON L6J 7G9
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Susan Rosenthal
Davies Howe Partners
4 lh Floor
19 Mercer Street
Toro~o,O~ano M5V1H2
Stephen Armstrong
Armstrong Hunter
9251 Yonge Street, Suite 302
Richmond Hill. ON
L4C 9T3
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..
John Wilson
1421 Highway 2
Courtice, Ontario
L 1 E 2J6
Joyce Rai
1566 Highway 2
Courtice, Ontario
L 1 E 2R7
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...
Kerry Meydam
3828 Trulls Road
Courtice, Ontario
L 1 E 2L3
Fraser Lee
1572 Highway 2
Courtice, Ontario
L 1 E 2R7
...
-
Bahir Salib
Marilyn Kennedy
1586 Highway 2
Courtice, Ontario
L 1 E 2R7
1472574 Ontario Limited
1577 Highway 2
Courtice, Ontario
L 1 E 2R8
..
-
Robert Hegadorn
1591 Highway 2
Courtice, Ontario
L 1 E 2R7
Leonard and Marie Broersma
1622 Highway 2
Courtice, Ontario
L 1 E 2R6
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John Missons
1596 Highway 2
Courtice, Ontario
L 1 E 2R6
Cathy & Darcy Naveau
1628 Highway 2
Courtice, Ontario
L 1 E 2R6
--
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John VanderHeyden
1600 Highway 2
Courtice, Ontario
L 1 E 2R7
Fridel Limited
319 College Avenue
P.O. Box 11
Oshawa, Ontario
L 1 H 7K8
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REPORT: PSD.Q63.Q1
PAGE 22
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Brian and Elaine Burr
1604 Highway 2
Courtice, Ontario
L 1 E 2R7
Stanley Konarowski
1646 Highway 2
Courtice, Ontario
L 1 E 2R6
Gerald Godfrey
1677 Highway 2
Courtice, Ontario
L 1 E 2R5
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...
Thomas Robinson
1617 Highway 2
Courtice, Ontario
L 1 E 2R7
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Cynthia Bosy
1690 Highway 2
Courtice, Ontario
L 1 E 2R6
Gregory Merkac
1709 Highway 2
Courtice, Ontario
L1 E 2R5
Robert Long
2637 Trulls Road
Courtice, Ontario
L 1 E 2N3
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Mark Tomina
2735 Hancock Road
Courtice, Ontario
L 1 E 2M2
...
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Gerald Pannekoek
1715 Highway 2
Courtice, Ontario
L 1 E 2R5
Lisa Backus
Central Lake Ontario Conservation
100 Whiting Avenue
Oshawa, Ontario L 1 H 3T3
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George and Marg Gouldburn
1721 Highway 2
Courtice, Ontario
L 1 E 2R5
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ATTACHMENT 1
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LIST OF TECHNICAL AND STUDY COMMITTEE MEMBERS
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TECHNICAL COMMITTEE
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Bin Neweil
Gene Chartier
Jeff Brooks
Ed Lisinski
Lisa Backus
Richard Holy
Sharon Norris
Clarington Planning Services Department. Chair
Region of Durham Works Department, Co-Chair
Region of Durham Planning Department
Clarington Engineering Services Department
Central Lake Ontario Conservation (CLOC)
Clarington Planning Services Department
Clarington Planning Services Department, Secretary
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STUDY COMMITTEE
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Mary Novak
Jim Schell
Jane Rowe
Cecil Adema
Derek Baird
Robert Cook
George Gouldburn
Marcel Provenzano
Ian Smith
Paul Wylie
Regional Councillor (to November 2000)
Regional Councillor (from December 2000)
Local Councillor
Resident
Resident
Resident
Resident
ReMax Ability Real Estate
Courtice Business Association
Resident
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(Study Committee also includes members of the Technical Committee)
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632
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ATTACHM it-.
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AMENDMENT NO. 24
TO THE CLARINGTON OFFICIAL PLAN
..
PURPOSE:
The purpose of this amendment is to incorporate a new Secondary Plan
entitled "Courtice Main Central Area and Highway 2 Corridor Secondary
Plan" in the Clarington Official Plan.
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BASIS:
The following issues provide the basis of this amendment:
-
1. Land use and transportation policies relating to the Courtice Main
Central Area and the Highway 2 Corridor are generally identified
in the Official Plans of Durham Region and the Municipality of"
Clarington. The Courtice Main Central Area is primarily a green
field area with some residential dwellings. Further study was
required to define land uses, formulate redevelopment and.-
transportation policies, define urban form, and develop urban
design guidelines. The Courtice Highway 2 Corridor consists
primarily of deep residential lots, which require consolidation for J
redevelopment purposes.
2. A number of development applications have been submitted within ."
the area. Development pressure has necessitated this study to
define the appropriate distribution of land uses. Issues relating to
servicing, transportation, and urban design require further policy ~
formulation. ..
3. The control and responsibility for the section of Highway 2 in the
Region of Durham was given to the Regional Municipality of-
Durham in 1995. This change in responsibility has provided the
opportunity for the Region of Durham and the Municipality of
Clarington to collaborate on the transformation of this section of.
the street from a Provincial Highway to a main street.
4. This Secondary Plan was prepared through an extensive public ..
consultation process, which included a number of meetings,
workshops and a design charrette with area stakeholders.,
Throughout the Plan preparation process, periodic newsletters ..
were distributed to those directly affected by the issues. As a
result, stakeholders and community members were actively
involved in the creation of the Secondary Plan. ...
ACTUAL
AMENDMENT:
The Clarington Official Plan is hereby amended as follows:
...
1.
By deleting Sections 16.8 and 17.2 in their entirety and indicating
in the text that the respective sections have been deleted.
..
2.
By amending Table 9.2 to adjust the population targets for the
Courtice Main Central Area by moving 100 dwelling units from the .-
High Density Designation to the Medium Density Designation.
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Amendment No. 24
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Page 2
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3.
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4.
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5.
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By amending Table 10-1 to include the Prestonvale/King node as
a Local Central Area with targets of 3,000 square metres of retail
floor space, 1,000 square metres of office space and 25 medium
density residential units.
By amending Map A2-Land Use - Courtice Urban Area as shown
on Schedule "A".
By incorporating the following amendment as the "Courtice Main
Central Area and Highway 2 Corndor Secondary Plan" in Part VI
of the Official Plan.
"CQURTICE MAIN CENTRAL AREA AND HIGHWAY 2 CORRIDOR
SECONDARY PLAN
1.0 INTRODUCTION
The policies, designations and/or maps are provided for the following two
areas which make up the Courtice Main Central Area and Highway 2
Corridor Secondary Plan:
1.1 The Courtice Main Central Area will function as the focal point of
activity, interest and identify for the residents of Courtice and the
surrounding rural area.
1.2 The Courtice Highway 2 Corridor refers to lands along Highway 2
near to but except the Main Central Area. It extends from
Farewell Creek in the west to Courtice Road in the east. Included
within this area is the Local Central Area at the intersection of
Prestonvale Road and King Street. Courtice Highway 2 Corridor
is primarily residential in nature with some smaller commercial
uses. Council has recognized the intensification potential of the
Courtice Highway 2 Corridor, which will transform the area from a
highway character to an "urban main street" with street-related
built form and pedestrian friendly environment.
2.1
2.0 GOALS
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2.2
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To establish the Courtice Main Central Area as a strong and
vibrant focal point of activity for the residents of Courtice. Vibrant
shopping areas. a range of housing types and strategic links with
community facilities will be developed to encourage pedestrian
activities.
To encourage redevelopment of the Courtice Highway 2 Corridor
as an urban main street for Courtice with a distinct and cohesive
identity that reflects the historic rural character of the community,
is pedestrian friendly and transit supportive, while maintaining the
function of Highway 2 as a regional arterial road.
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Amendment No. 24
Page 3
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2.3 To ensure a high quality of architecture and urban design in all.
phases of development in order to create a unique sense of place
and foster social interaction in the area.
3.0
OBJECTIVES
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3.1 To provide a full range of uses. including retail and service
commercial, office, community facilities, and residential to foster a ...
good live/work relationship and provide employment opportunities.
3.2 To provide opportunities for medium and hig~. density residen~ial,..
development to foster animation and activity and maXimize'
accessibility to public transit in the Main Central Area and along
the Highway 2 Corridor.
3.3 To provide1000 jobs and 800 housing units by 2016.
..
3.4 To encourage more intensive redevelopment in the Secondary..
Plan area.
3.5 To ensure a high quality of architecture and urban design in all
phases of development in order to create a unique sense of place"
and foster social interaction in the Courtice Main Central Area.
3.6 To establish a framework for ultimate development through the..
identification of a public realm consisting of a grid street system,
pedestrian/bicycle connections and public spaces.
3.7 To provide pedestrian linkages with trail networks and open space -
areas.
3.8 To manage in an appropriate manner the access to Highway 2 to"
increase safety levels for both pedestrians and motorists and to
maintain traffic capacity.
...
4.0 GENERAL LAND USE POLICIES
4.1 The land use designations for the Courtice Main Central Area and ..
Highway 2 Corridor Secondary Plan are shown on Map A. The
related land use policies are contained in Sections 5 to 10.
4.2 The Urban Design Guidelines for this Secondary Plan area
provide direction regarding the relationship of buildings to the
street. landscape treatment, and parking areas as required to...
achieve a high quality urban environment. All development
proposals within the Secondary Plan area will be in accordance
with the Urban Design Guidelines. ..
4.3 The Municipality will encourage the consolidation of parcels
throughout the Secondary Plan area to facilitate more intensive
redevelopment. ..
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Amendment No. 24
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Page 4
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4.4
The Municipality, in co-operation with the Region and local
businesses, will:
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· undertake streetscape improvements in accordance with the
Streetscape and Urban Design Guidelines prepared for the
Secondary Plan Area;
· encourage co-ordination of signage; establish a linear
walking/bicycling trail that will integrate the various uses in the
Courtice Main Central Area; and
· develop a distinct identity for the Secondary Plan area.
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4.5 In order to create a distinct identity for this main street, a
Streetscape Program has been developed for the public right-ot-
way on Courtice Highway 2, which is included in the Urban Design
Guidelines.
-
4.6 The boundaries of the Local Central Area at the intersection ot
Prestonvale Road and Highway 2 are indicated on Map A. Within
the Local Central Area up to 3,000 square metres of retail and
personal service uses; 1,000 square metres of office space and
25 units of medium density residential developments are planned.
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...
4.7 The maximum amount of gross leasable space for retail and
personal services in the Main Central Area shall be 25,000 square
metres.
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....
4.8 Residential uses will be developed within the Courtice Main
Central Area at higher densities than the adjacent residential
neighbourhoods in order to:
· expand the range of housing types available within the
municipality;
· take maximum advantage of existing and future public transit
opportunities; and
· minimize use of the private automobile.
....
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4.9 A range of housing densities, for a total of 250 new residential
units, is to be provided in the Courtice Main Central Area. The
density gradient will increase from south to north to buffer existing
lower density residential areas.
...
-
4.10 In the redevelopment of lands in the Secondary Plan Area, the
Municipality will:
· require the preparation of comprehensive redevelopment
plans where necessary prior to the consideration of the first
redevelopment application; and
· encourage jOint parking arrangements where possible.
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4.11 Where commercial uses are proposed adjacent to residential
areas, partiCUlar regard shall be had tor the implementation of
appropriate buffering mechanisms to eliminate potential conflicts
arising from noise, emissions and loss of view. Buffering may be
achieved through sensitive architectural design in conjunction with
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Amendment No. 24
Page 5
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the use of walls, fences, planting and/or other attractive..
streetscape elements.
4.12
Access to parking and loading facilities within the Secondary Plan ..-
area shall be established which will minimize disruption to traffic
and pedestrian use of the streets and interference with adjacent
residential areas.
..
4.13
Development of lands adjacent to Black Creek within the
Secondary Plan area shall be subject to the pOlicies contained in
Sections 4 and 14 of the Official Plan. Environmental Protection 411
lands, as defined through an Environmental Impact Study, shall be
dedicated to the Municipality.
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5.0 RETAIL COMMERCIAL
5.1 Purpose
...
The lands designated Retail Commercial in Map A of this
Secondary Plan that are within the Main Central Area are intended ..
to provide the main concentration of retail uses in the Courtice
Urban Area. It is anticipated that this area will evolve into the main
centre for retail and cultural activities in Courtice. ...
5.2 Policies
5.2.1 Permitted uses are:
· retail and personal services;
· professional and business office;
· medium to high residential dwelling units equivalent to 100
units; and
· Recreational, institutional and community facilities
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...
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5.2.2 Commercial facilities within the Main Central Area may be
permitted to have limited drive-through components where they ....
can be located behind the main fac;:ade of a building. A maximum
of 2 drive-through facilities are permitted provided that:
a) the use has a primary pedestrian entrance on a public street
that is located no more than 4 m from the street; and ...
b) the drive-through is not located within 50 metres of the
Courtice Highway 2 road allowance.
5.2.3 Buildings constructed along Courtice Highway 2 and Trulls Road,
shall generate pedestrian friendly street frontage through the
integration of windows, entrances and other retail storefront..
provisions.
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Amendment No. 24
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Page 6
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5.2.4 The maximum height of buildings shall be six stories and the
density shall not exceed 1.5 F.S.1. In case of a mixed use
development, the maximum density for non-residential uses shall
not exceed 0.5 F.S.1.
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6.0 MIXED USE STREET- RELATED COMMERCIAL
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6.1
Purpose
...
The Mix Use Street-Related Commercial land use designation is
intended to complement the uses that are permitted in the
Courtice Main Central Area. The scale of the development,
however, will be much smaller as a result of several physical
constraints associated with the location.
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6.2 Polices
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6.2.1 Permitted uses are:
· retail and personal services except for an equipment rental
store and any use with a drive-through;
· professional and business offices;
· financial institutions;
· medium density residential uses in accordance with Section
6.2 of this Official Plan; and
· recreational, instructional and community facilities.
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6.2.2 Notwithstanding the above, retail and personal service uses shall
not be approved within the Mixed Use Street-Related Commercial
designation until site plan approval has been issued for 5,000
square metres of retail commercial development have occurred
within the Courtice Main Central Area.
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...
6.2.3 In the consideration of applications for the development of the
Mixed Use Street-Related Commercial Area, the Municipality
shall:
· permit uses that complement the retail and personal service
uses permitted in the Courtice Main Central Area; and
· encourage the preservation, renovation and conversion of the
existing residential dwellings.
6.2.4 Provision shall be made for public access and connection to a
valleyland trail system.
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7.0
7.1
OFFICE COMMERCIAL
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Purpose
The Office Commercial Land Use designation is intended to
promote the development of employment opportunities within the
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Amendment No. 24
Page 7
I/IIfIII
Courtice Highway 2 Corridor that will complement and support the ..
surrounding uses.
7.2 Policies
7.2.1 Permitted uses are:
..
.
professional and business offices; and
ground floor personal services ancillary to professional and
business offices provided that the building is a minimum of 3
storeys.
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.
....
7.2.2 Lands designated as Office Commercial comprise primarily
existing single detached dwellings which may be converted to
office uses or redeveloped for higher intensity office uses. ..
7.2.3 In consideration of applications of a for development in the Office
Commercial Area, the following policies will apply: ..
a) Buildings shall be street-oriented with parking at the rear.
b) The maximum height of buildings shall be three stories and ..
density shall not exceed 0.75 .F.S.1.
8.0 RESIDENTIAL
..
8.1
Purpose
..
Residential development is integral to the future success of the
Secondary Plan area as an area. It is envisioned that residential
development at higher densities than the surrounding area will ..
support transit use and enhance street activities at all times.
Policies
8.2
..
8.2.1 High Density Residential
a)
Permitted uses are:
· apartment buildings with
storeys between Courtice
Drive;
· an apartment building with a maximum of 3 storeys .
between Avondale Drive and Caleche Avenue
· limited ground floor retail, personal services and office ..
uses ancillary to a residential use provided no such use
comprise more than 1 0% of the gross floor area of the "
building; and ..
· community facilities.
..
a maximum height of 6
Highway 2 and Avondale
...
b) The net density shall range from 81-150 units per hectare.
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Amendment No. 24
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Page 8
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8.2.2 Medium Density Residential
a)
Permitted uses are:
· predominant housing forms shall include townhouses.
triplex/quadruplexes and low rise apartments with a
maximum height of three storeys;
· notwithstanding the above single detached dwellings
shall be located along Sandringham Drive, Maplefield
Drive south of Caleche Avenue and north of Kennedy
Drive; and
· recreational. institutional and community facilities.
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b) The net density permitted is 31-80 units per hectare.
9.0 PARKS AND OPEN SPACE
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9.1
Purpose
...
The presence of Black Creek in the Secondary Plan area presents
a unique opportunity to integrate this natural feature with the
remainder of the Secondary Plan area. Although the natural
integrity of the Creek will be protected through policies contained
in Sections 4 and 14 of the Official Plan, the area can be used for
passive recreational pursuits, It is the intent of this Plan to create
parks and open spaces which are linked through a well developed
trail system for active and passive recreational activities
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9.2
Policies
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9.2.1 The future parkette identified at the northwest corner of Courtice
Highway 2 and Trulls Road will provide appropriate amenities for
pedestrians and a link to a future trail system.
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9.2.2 It is intended that there be ample public spaces within the Courtice
Main Central Area to foster a lively environment. The public realm
shall include the following components:
· civic square;
· parkette; and
· trail/sidewalk system.
9.2.3 The Parkette shown on the Land Use Map A is conceptual and
may be moved within the Secondary Plan area without
amendment to this Plan. This area is intended to be a focal point
of interest, identity and year round activities for the community. It
is an integral part of the retail commercial area and shall be
dedicated to the Municipality. The minimum size of this parkette
shall be 0.19 hectares.
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Amendment No. 24
Page 9
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9.2.4 A small parkette is intended to be located within the Community
Facility designation. Pedestrian access to the parkette should be
designed to ensure complete separation from vehicles accessing
the fire hall and/or the police station. ...
9.2.5 The Black Creek shall be linked with the rest of the Secondary
Plan area through a system of trails and lookouts as appropriate. ...
9.2.6
A trail/sidewalk system shall be developed so that the following
features adjacent and within the Courtice Main Central Area are.
linked:
· the elementary school south of Sand ring ham Drive;
· the parkette associated with the Community Facility...
designation in the Courtice Main Central Area;
· the civic square; and
· the community centre and schools located north of Courtice...
Highway 2 and Black Creek.
9.2.7
The sidewalk on the west side of Maplefield Drive shall be..
developed with extra width, decorative trees and planters to
facilitate the function as a trail/sidewalk linkage. Similar treatment
could be considered for the north side of Sandringham Drive.
..
9.2.8 The Municipality shall generally take cash-in-lieu of parkland
except where open space lands are designated.
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10.0 COMMUNITY FACILITY
1 0.1 Purpose
-
The Courtice Main Central Area is intended to be the focal point
for a number of community facilities to serve the needs of the-
residents of Courtice. It is also intended that in planning and
developing community facilities provision will be made for
community-meeting spaces. _
10.2 Policies
10.2.1 The area at the corner of Trulls Road and Sandringham Drive is
designated Community Facility. It is the intent of this Plan that a
municipal fire hall, community pOlice station, other community_
uses and a parkette be developed in this location.
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Amendment No. 24
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Page 10
- 11.0 URBAN DESIGN
11.1 Purpose
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The Urban Design policies of this Plan are intended to act as a
visual interpretation of the proposed development of the Main
- Central Area and Courtice Highway 2 Corridor and to provide
guidelines for the evaluation of development oroposals at the site
plan approvals stage. These are based on more detailed Urban
- Design Guidelines prepared for this Plan.
11.2 Policies
- 11.2.1 General Policies
The Secondary Plan establishes the following urban design
principles for the Courtice Main Central Area and Highway 2
Corridor:
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a)
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b)
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To create a character reflective of the primary role of the
area in providing a commercial, residential and community
focus for the Courtice Main Central Area and Highway 2
Corridor through:
i)
the provision of landmark landscape or architectural
features to identify major entry points to the
Courtice Main Central Area and Highway 2
Corridor;
ii)
achieving a high quality architectural and landscape
treatment for all development in the Courtice Main
Central Area and Highway 2 Corridor:
iii)
achieving compatibility between various land uses
with particular regard to the interface between the
proposed retail commercial areas and adjacent
residential areas through appropriate building siting
and design, and landscape treatment;
iv)
the consideration of built form and densities with
respect to the relationship to views, noise, wind and
shadows; and
v)
providing for large scale surface parking facilities to
be attractively designed and laid out so as to
provide effective landscape treatment: separation
of pedestrian and vehicular movements and the
ability to intensify the site with future development
phases.
To foster pedestrian accessibility among all parts of the
Courtice Main Central Area and Highway 2 Corridor and
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Amendment No. 24
Page 11
..,
the existing and future adjacent residential communities,,,,,,,
through:
i) the creation of a grid of public and private streets..
which are to be developed to fulfil a role in the
vehicular and pedestrian transportation systems
and as a place to encourage social interaction: and ..
ii) the creation of pedestrian zones which should
provide a suitable pedestrian sidewalk system,
enhanced by tree planting, pedestrian scale lighting-
and streetscape amenities such as benches,
awnings, canopies and possible outdoor display
and selling areas. The pedestrian movement_
system should take precedence over automobile
movements in these areas except at the
intersection of two pUblic streets. _
11.2.2 The Urban Design policies establish design principles for open
space, gateways and major views.
..
a)
Significant natural open space features such as the Black
Creek and Farewell Creek valley lands and their
associated woodlots should be protected from ..
development.
b)
Farewell Creek at Highway 2 and its valley should be"
developed as a westem gateway while Black Creek at
Trulls Road and Highway 2 should be developed as the
eastern gateway. Trulls Road represents the northern"
gateway into the Courtice Main Central Area. Special
interpretive facilities, special pavement colouration, walking
trail entrances and watersourse signage could delineate..
these features. These gateways are intended to increase
the awareness of the rural heritage of Courtice.
c)
..
Significant views of Farewell Creek at Centrefield Drive,
Black Creek at Courtice Road, and the northwest corner of
Trulls Road and Highway 2 should be enhanced.
11.2.3 Courtice Main Central Area
..
The following urban design policies shall apply to the Courtice"
Main Central Area.
a) Buildings should be limited to 6 storeys in height. _
b) Buildings should be street-related to improve pedestrian
access to buildings.
c) Buildings should have a maximum front yard setback of 6.0 III
metres to accentuate the massing.
d) A minimum of 33% of the Highway 2 frontage for each
block should consist of buildings with their front facades ,,;,
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Amendment No. 24
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e)
within a maximum 9 metre setback from the road
allowance.
At least 50% of the Trulls Road frontage for each block
with the retail commerCial area should consist of buildings
with their front facades within a maximum 9 metre setback
from the road allowance.
Street-related buildings should incorporate canopies,
arcades or front porches. to provide weather protection
and interest.
Streetscape treatment WIthin the Main-Central Area should
=reate a VlsuallV attractIVe ana distJnCttVe sense of place.
A high quality pedestnan environment snould be present in
the Main Central ,A.rea. -;1e lanoscape and streetscape
should be geared towarcs the comfort and safety of
pedestnan and tranSit users.
Pedestrian acceSSibility WII' be fostered through the
provision of sidewalks along streets and the aeation of
smaller devetopment blocks which foster pedestrian
activity.
f)
~)
h)
; )
11.2.4 Courtice Highway 2 Corridor
The follOWing urban design policies shall apply to the Courtice
Highway 2 Corridor.
11.2.5 Parking areas shall be located, wherever possible, behind the
front facades of buildings. Surface parking should not separate
building entrances from the pUblic realm. Underground parking is
encouraged where possible.
11.2.6 The Urban Design Guidelines may be reviewed from time to time
and revised without amendment to this Plan, provided they
confonn to this Secondary Plan.
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d)
..
e)
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a)
b)
Building height should be limited to 3 storeys In.
New buildings should be street-related to frame the road.
The Implementing zoning by-law win establish ~11d-to.
lines Which shall generally be established between 6 and 9
metres. This will enhance pedestrian access and improve
the visual appeal of the area.
BUildings should have consistent setback from the road
allowance.
Minimal front yard setbacks, in conjUnction with
landscaping and streetscaping treatments, will create a
visuallY attractive and distinctive character.
Reverse lot frontages are not pennitted.
c)
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Amendment No. 24
Page 13
12.0 TRANSPORTATION POLICIES
12.1 Purpose
The purpose of the transportation policies of this Plan is to
achieve safe and efficient movement of people and goods within
and through the Secondary Plan area, facilitate the use of public
transit and enhance opportunities for pedestrian and cyclist.
12.2 Policies
...
..
..
filii
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12.2.1 Access management is critical in order to maintain public safety
and traffic capabilities along Courtice Highway 2. All development
proposals in the Secondary Plan Area shall be required to ..
construct development accesses to Courtice Highway 2 in
accordance with Section 19 of the Officiai Plan and with the
access management strategies incorporated in the Urban Design iii
Guidelines as appropriate. In addition, private rear lane access
may be required in certain locations where lot depths permit.
12.2.2 A grid system of public and private streets will be established in
the Courtice Main Central Area. The proposed transportation
network serving the Courtice Main Central Area is shown on Map
B. Courtice Highway 2 and Trulls Road are designated as Type B
arterial roads. These are complemented by a system of collector
and local streets that create a grid system of streets and blocks to
provide access throughout the Courtice Main Central Area. These
are intended to facilitate pedestrian access and to create a
framework for subsequent redevelopment of the lands in the
Courtice Main Central Area.
12.2.3 The "Private Streets" shown on Map A of this Plan shall be subject
to the following:
a) private streets will be designed to municipal standards
suitable for assumption by the Municipality at some future
date if deemed necessary;
b) access points to parking spaces will meet municipal road
standards;
c) no buildings or parking spaces shall encroach into the
private street right-of-way; and
d) the developer shall provide for the future transfer of the
rights-of-way to the Municipality at the Municipality's
discretion.
12.2.4 Courtice Highway 2 shall be developed as an urban activity
corridor that facilitates and encourages multiple transportation
modes including cars, transit, pedestrians and bicycles;
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Amendment No. 24
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12.2.5 The Courtice Main Central Area shall serve as the transit hub for
Courtice.
12.2.6 Traffic issues will be monitored as necessary and appropriate
measures will be used to address any traffic problems that may
arise.
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12.2.7 The Streetscape Improvement Program identifies the
transformation design intent for each road segment and the
specific design features to be used to fulfill the design intent. The
following items are addressed:
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· intersection and sidewalk improvements to encourage
pedestrian traffic;
· tree and ornamental plantings;
· pedestrian-scale lighting; banners, flag poles;
· the size and length of a centre median/island; and
· signage and the development of a distinct logo.
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12.2.8 The Streetscape Program shall be implemented during the
consideration of planning applications, during road reconstruction
and through annual budget considerations. Wherever possible, in
the redevelopment of lands, the developer will be required to
contribute to the Streetscape Improvement Program.
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13.0 Municipal Services
13.1
Purpose
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It is the intent of this Plan to ensure that development in the
Secondary Plan area occur in an effective and efficient manner.
Hence development are encouraged to proceed on full municipal
servicing.
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13.2
Policies
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13.2.1 Redevelopment within the Courtice Main Central Area and
Highway 2 Corridor shall generally proceed on full municipal
services or be required to connect to the full municipal services
when they become available.
1.2.2 Municipal services will be developed and maintained in the
Secondary Plan area to ensure a high standard of water supply,
sanitary sewage collection and treatment and storm water
management.
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13.2.3 No development will be approved which exceeds the capacities of
municipal services that are or will be available when the
development is occupied.
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13.2.4 The Municipality will work with the landowners and the Region of
Durham to develop a plan for the phasing of extensions to existing
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Amendment No. ...
Page 15
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services within the Secondary Plan area, to allow development to.
proceed as expeditiously as possible. Implementation of
extensions to existing services or construction of new services will
be subject to the policies of the Official Plan and the approval of..
the Region of Durham.
13.2.5 Storm water management for development within the Secondary
Plan Area shall comply with Section 20 of the Official Plan and the-
Black Farewell Creek Master Drainage Plan, as amended or
replaced by a sub-watershed plan.
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14 IMPLEMENTATION AND INTERPRETATION
14.1
This Plan refines and implements the pOlicies of the Official Plan.
Unless otherwise indicated, the pOliCies of the Official Plan shall
apply to this Secondary Plan.
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14.2 The pOlicies of the Plan shall be implemented and interpreted in
conjunction with the applicable polices of the Official Plan."
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ATTACHMENT
SUMMARY OF PUBLIC COMMENTS AND STAFF RESPONSE
The following tables summarize issues were raised through presentations at the Public
Meeting held on September 17, 2001 as well as written comments submitted as a result of
further discussions. All public comments and correspondence are grouped below by area.
Staff responses are provided for each issue.
1.1
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1.2 The following comments relate to a 6.5 hectare commercial parcel owned by Halloway
Holdings Limited at the southeast corner of Highway 2 and Trulls Road.
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Respondent
I Debbie Clarke. .
Halloway Holdings Ltd. I
Issue
Need grocery store as anchor
tenant
Proposed road pattern causes
siting difficulties
Need more flexibility
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Lynda Townsend .
Renaud, Solicitor
Letter dated
September 11, 2001
for Public Meeting
Roads and parks shown on the
Plan require 35% of the site
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Commercial blocks too small to .
.
accommodate viable commercial
development, therefore not
achieving the goals of the plan -
will promote people driving
between blocks
Roads will cost the Municipality .
.
because the developer doesn't
need them
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Staff Response
· Staff agree that a grocery store
must anchor development
· One north-south roadway has been
eliminated
· Additional commercial frontage has
been designated along Highwa 2
· The number of roads and the open
space block size have been
reduced to 23%
The commercial site is divided into
four sectors, each with
approximately 4 acres - should
provide flexibility to site buildings -
people would drive between areas
now, especially on large sites
The Municipality strives to ensure
that an effective and efficient road
network is constructed
Can only take 2% parkland . The Municipality will purchase the
- . remaining open space block if
dedication under Planning Act
with remainder being purchased required
at fair market value
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. Connectivity with neighbourhoods
. East-west roads across the site necessary to avoid long trips -
- will result increase traffic in people unlikely to cut through
neighbourhoods neighbourhoods unless they are
travelling to a destination within the
area
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. Additional commercial frontage and
. Site not flexible enough and fewer roads should provide more
- therefore may lose tenant flexibility
. Municipality has no right under . Urban design guidelines are
- the Planning Act to regulate commonly used by Municipalities
urban design
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. Urban design does not . Urban design guidelines are
accommodate realities of the cognisant of market realities and try
marketplace to fulfil municipal urban design
objectives.
. Phasing policies must ensure . No commercial development may
that this MCA develops before proceed in the "Mixed Use Area"
the opportunities are used by until 5,000 m2 of commercial
competing sites floors pace has been developed in
the MCA
I ! . Policies are flexible to allow for
I Policies must address
. I development without complete land
r development potential if I
i i assembly not achievable assembly
Roads and easements for . Staff have deleted one road -
Letter dated January . further deletions wlil not fulfil the
I I
7,2002 vehicular and pedestrian access grid street objective
not warranted and should be
deleted but replaced with
easements
. Extension of Avondale Drive into . Avondale Drive must be connected
commercial area would be an to Trulls Road as a pUblic street to
easement and restricted to serve the high density residential
pedestrian access until the site areas west of Maplefield Drive and
redevelops long term the commercial centre - will allow
better access to the commercial
centre for adjacent residents to the
east - there is no justification for a
20 m pedestrian easement
. Provide single detached units . Staff agree with single detached
along Sandringham Drive and units along Sandringham Drive to
Maplefield Drive south of buffer the residential areas to the
Calache south
. Provide a range of housing types . Agree with comment
and density higher than
surrounding area
. Plan provides for 250 residential . This is the requirement of the
units Official Plan
. Overall densities within the medium
. South Bannydon lands have density range must be between 50
residential development within to 60 uph
medium density range at 31 .4
uph
. Proposal removes another portion
. Remove Caleche Avenue from of the road grid network while
the plan since it sterilizes the increasing the amount of
southern commercial portion of commercial area for development
the lands - will not be purposes - additional Highway 2
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. since site will initially develop as . Elements of the commercial
a strip plaza but intensify over development will be street-related -
time, concerned about lack of additional retail pads framing the
definition for a strip centre streets will fulfil the urban design
objectives
. Right-of-ways use too much land One right-of-way has been deleted
.
and create blocks that do not to create blocks that would
accommodate commercial accommodate commercial
blocks development
Park too large to allow site to . Park has been scaled down and
. could be used in conjunction with
function retail uses
implemented since the existing
commercial development on
Trulls Road will not move
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· Prefer to build an "L" shaped
building with no external
vehicular access - landowner
does not want traffic cutting
through the commercial centre _
proposed pee. -arian access
easements represent a
compromise - landowners
willing to provide for long term
grid road pattern once
development
· Supports principles of plan
· Concerned about lack of
flexibility
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Rick Merri!. Page &
Steele Architects
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· Policies would preclude a
grocery store on the site
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commercial frontage was supposed
to compensate for loss at the rear -
Staff opposed to proposed changes
· Municipality does not want an "L"
shaped plaza separated from the
surrounding residential areas - the
development will still function in
separate blocks - if landowner is
concerned about traffic cutting
through in the present, that would
presumablv continue in the future
as well - Avondale Drive and
Granary lane extensions are vital -
these roadways must be public
· No comment
· Additional commercial frontage and
fewer roads should provide more
flexibility
· The policies permit all types of retail
uses - the urban design guidelines
would not preclude a grocery store
1.3
Richard H. Gay Holdings Limited, owner of lands at the southeast comer of Highway 2 and
Maplefield Drive, requested a redesignation from "Medium Density Residential" to "Special
Mixed Use Area" for the following reasons:
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Respondent
Craig Hunter,
Armstong Goldberg
Hunter
Issue
· The application conforms to the
local and regional official plans
-
· "Medium Density Residential"
and low density buffer split do
not provide short or long term
flexibility
Staff Response
· Resolution of the issues associated
with this property is considered
under separate confidential report to
Council
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Reasons for redesignation include:
1. The property is at a key
transitional corner
2. Requested designation is
compatible with surrounding land
uses
3. Requested designation provides
I flexibility I
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4. Allows for the conversion and
preservation of older homes
, 5. Short-term change by conversion
is appropriate and leads to further
intensification
6. Existing house has sentimental
value
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1.4 A petition was presented by landowners along Highway 2 between Prestonvale Road and
Trulls Road requesting their land use designation be changed from "Medium Density ...
Residential" to "Special Mixed Use Area". All landowners on the south side of Highway 2
east of Maplefield Drive requested that their names be added to the petition.
R
d
S ffR
eSDon ent ~ ta esoonse
Derek Baird . Submitted a petition with . Staff in receipt of petition - other
signatures of landowners along parties have been included as
Highway 2 between Trulls Road requested
to Prestonvale Road
. Numerous commercial uses . Some commercial uses are illegal
along the area or may be classified as home
occupations
. Medium density residential . Medium density designation is not a
detrimental to growth deterrent to growth but a critical
component for a variety of housing
. Wants "Mixed Use Area" . Need to maintain commercial
designation to see continuation potential for a healthy downtown
of commercial growth along Hwy core in the MCA - "Mixed Use Area"
2 designation not appropriate outside
of designated area
George Gouldbum . Doesn': agree with single family . The row of single family units
buffer along the north side of buffers the interior development
Avondale as it will devalue his from higher densities
property
. Low income housing will not be . Medium density residential need not
a suitable gateway to Courtice result in low income housing
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. Since medium density residential . Market will be available to support
uses are not economically medium density residential uses
feasible, the south side of
Highway 2 from Maplefield Drive
eastward should be designated
"Mixed Use Area"
. Wants these properties included
in the Baird petition . No comment
! Margaret Gouldburn . Concerned about all the . No comment
businesses along Highway 2
· Roy Nichols Motors has recently · No comment
expanded
i. if Gay is requesting "Mixed Use
Area", then everyone along
Highway 2 should be treated
equally
· Since no additional lands will be
designated "Mixed Use Area",
everyone treated equally
1.5 The following group of concerns related generally to the Courtice Main Central Area.
ResDondent Issue Staff ResDonse
Morris Freedman, . Concerned about parking for . Townhouses alternated in block to
Bonnydon Limited townhouses alleviate parking issues
. Objects to rear lanes . Rear lanes are now optional where
Concerned high rise required
.
development . High density development provides
for a housing mix
Ferdinand Longo, . Wanted to get his parents name . No comment
Courtice Area added to the petition
Residents Association
. Concerned that high rise blocks . Youth behavioural problems are not
and commercial parking lots part of the Plan - Staff cannot
would be havens for youth conclude the link between these
hangouts issues
. Wants police station or presence . MCA police station or presence
developed in the MeA being considered by the Durham
Regional Police Force
652
SCHEDULE "All
AMENDMENT No. 24 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP A2, LAND USE, COURTICE URBAN AREA
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2002-
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being a by-law to adopt Amendment No. 24 to the Clarington Official Plan
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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:
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AND WHEREAS. the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to further define the land use designations and
policies for the Main Central Area and Highway 2 Corridor in Courtice;
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NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
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1. That Amendment No. 24 to the Clarington Official Plan being the attached
Explanatory Text is hereby approved; and
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2.
This By-law shall come into effect on the date of the passing hereof.
.
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BY-LAW read a first time this
day of
2002
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BY.LAW read a second time this
day of
2002
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BY.LAW read a third time and finally passed this
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day of
2002
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John Mutton, Mayor
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Patti L. Barrie, Municipal Clerk
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655
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Cl~l!ilJgton
REPORT
PLANNING SERVICES
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 17, 2002
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Report #:
PSD-065-02
File #: ZBA 2001-019
By-law #:
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Subject:
REZONING APPLICATION
APPLICANT: LOB HOLDINGS LIMITED
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RECOMMENDATIONS:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
-
1. THAT Report PSD-065-02 be received;
2.
THAT the rezoning application submitted by Derek Baird on behalf of LOB Holdings
Limited, be DENIED; and
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3.
THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
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Submitted by:
o i rome, M.C.I.P.,R.P.P.
Director, Planning Services
o~.o~ ~ ~
Reviewed by:
Franklin Wu
Chief Administrative Officer
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RH*DC*df
June 12, 2002
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
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REPORT NO.: PSD.Q6S.Q2
PAGE 2
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1.0 APPLICATION DETAILS
1 .1 Applicant: LDB Holdings Limited
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1.2 Rezoning: To rezone the portion of the property zoned 'Urban Residential
Exception (R1-50) Zone" to permit the existing professional office
use on a permanent basis.
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~ .3 Site Area: 0.22 hectares (0.54 acres)
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2.0 LOCATION
2.1 The property IS located on the south side of Highway 2 in Courtice (see
Attachment 1). The portion of the applicant's land holdings under consideration
totals 0.22 hectares (0.54 ac). The property is located within Part Lot 31,
Concession 2, in the former Township of Darlington.
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3.0 BACKGROUND
3.1 On September 6, 2001, Derek Baird, on behalf of LDB Holdings Limited,
submitted a rezoning application to permit the existing professional office use on
a permanent basis.
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3.2 The applicant submitted a rezoning and site plan applications in 1999 to permit
the conversion of the existing dwelling for professional office uses. Council
approved the rezoning application on February 7,2000 to permit the professional
office use within the existing dwelling footprint (see Attachment 2). The approved
temporary use by-law only permits the use for a three year period ending
February 7, 2003. The applicant signed a letter indicating that the property will
be restored to a residential state once the three year period has elapsed. The
rationale for the approach is discussed in Section 8.2 of this report.
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3.3 A Public Meeting was held on October 22, 2001 at which no member of the
public appeared either in opposition to or support of the application.
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REPORT NO.: PSD-065-02
PAGE 3
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4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The southern portion of the property is comprised of vacant and treed areas.
The existing single detached dwelling was converted to a professional office with
paved parking area to the south. The front of the property slopes towards
Highway 2.
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J..2 Surrounding Uses:
cast - Courtice Motel
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North -
Large lot residential
Large lot residential
Urban residential
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5.0 OFFICAL PLAN POLICIES
5.1 The lands are designated "Living Area" within the Durham Region Official Plan.
Limited office uses are permitted within this designation, provided that they do
not impact the function of planned Central Areas. Conformity will be determined
by the pOlicies contained in the Clarington Official Plan, specifically the Courtice
Main Central Area and Highway 2 Corridor Secondary Plan.
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5.2 The proposed Amendment #24 to the Clarington Official Plan contains the
Courtice Main Central Area and Highway 2 Corridor Secondary Plan. This Plan
designates the subject lands "Medium Density Residential". The area is identified
for redevelopment to intensified, transit-supportive land uses including medium
and high density residential housing, recreation, community facilities, and
institutional uses. The proposed office use on a permanent basis does not
conform to the land use poliCies in this Secondary Plan.
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6.0 ZONING BY -LAW CONFORMITY
6.1 The lands subject to the application are currently zoned "Urban Residential
Exception (R1-50) Zone", which permits the professional office use for a period of
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658
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REPORT NO.: PSD.Q6S.Q2
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PAGE 4
three years. In order to permit this use on a permanent basis, a rezoning
application was submitted for consideration.
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7.0 AGENCY COMMENTS
7.1 The Clarington Emergency Services Department and Central Lake Ontario
Conservation have no objections to the proposal.
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7.2 Although the Clarington Engineering Services Department has no objections, the
Building Division requires a "Change of Use" permit for the office conversion.
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7.3 The Durham Region Public Works Department has no objections to the
application subject to the following conditions.
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· Water supply is presently available from a 19 mm water service from an
existing 300 mm water main. Detailed drawings must be submitted if a larger
service is required.
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· The property is presently not serviced by sanitary sewers. If required, the
applicant would be responsible for the 510 metre extension of sanitary sewers
from Highway 2 and Old Kingston Road to the subject lands.
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· Highway 2 is a Type "B" arterial road under the jurisdiction of Durham Region.
The applicant must provide a 1.60 metre road widening to the Region.
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7.4 The Durham Region Health Department has indicated that the application cannot
be approved until the sewage system applied for and approved by this ...
Department in 1999 is installed.
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8.0 COMMENTS
8.1 The subject lands are within the proposed Courtice Main Central Area and ..
Highway 2 Corridor Secondary Plan, which designates the subject lands
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659
till
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REPORT NO.: PSD-06S.Q2
PAGE 5
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"Medium Density Residential". Permitted uses include townhouses,
triplexes/quadraplexes, and low rise apartments with a maximum height of three
stories. The net density permitted is between 31 to 80 units per hectare. Where
a medium density use is located at intersections of public street and Highway 2,
limited ground floor retail and personal service uses to a maximum of 25% of the
gross floor area are permitted. Conversion of existing residential structures for
:;rofesslonal office or retail uses is not contemplated within this designation.
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8.2 Staff recommended to Council under the rezoning application filed in 1999 that a
temporary use by-law be approved for the subject lands. The applicant had
demonstrated to Staff that no significant interior or exterior renovations would be
undertaken that would prevent the structure to be returned to its original condition
as a residential use nor that it would jeopardize the results of the Courtice
Highway 2 Corridor and Main Central Area Study. The subject lands are part of
a larger block of land, which could be assembled and comprehensively
redeveloped for more intensive residential uses. This approach was
recommended so that the office use does not jeopardize future redevelopment
of this block. The applicant previously signed a letter indicating that the office will
be removed and the residential use restored once the temporary use by-law
lapses.
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8.3 The application cannot be supported for the following reasons:
· The subject lands are part of a larger land block between the funeral home
and the Courtice Motel, which could be developed for more intensive
residential uses. This 1.9 hectare block has approximately 155 metres of
frontage and 115 metres of depth, providing excellent design flexibility for a
variety of housing types. Two access points onto Highway 2 would provide
access to the block. Any development scheme for this area will entail land
assembly of the seven properties involved.
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REPORT NO.: PSD.Q6S.Q2
PAGE 6
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· The applicant currently owns four of the seven properties within this block.
These include 1589 Highway 2, 1601 Highway 2, 1603 Highway 2 and a
landlocked parcel to the rear of these properties which is a remnant of plan of
subdivision 10M-792 to the south. If commercial or office uses were
introduced onto the subject lands, the development block would be busted
::md pressure to allow more Intensive commercial uses would commence.
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· This application differs from the Richard H. Gay Holdings Limited rezoning
application In that the subject lands are not located at a future intersection
with Highway 2. Once Maplefield Drive is constructed, the location will offer
development opportunities for a signature building defining the southeast
comer of the intersection. The subject lands do not offer the same locational
criteria, and therefore would not be appropriate for office or commercial uses.
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8.4 Although not requested through the current rezoning application, the applicant is
the lead petitioner for a petition received by Staff requesting that the entire
Highway 2 Corridor be designated "Mixed Use Street-Related Commercial Area".
The applicant would seem to have rr~h greater plans for this site and his other
landholdings. This application is viewed as the "step in the door" in order to
eventually achieve additional commercial uses in this vicinity. Ultimately this
defeats the intent of the Official Plan to intensify the corridor with residential
uses, undermines the primary commercial nodes identified in the Plan and
postpones the commercial viability of the Main Central Area.
...
..
...
..,
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9.0 CONCLUSIONS
9.1 Based on the comments contained in this report, Staff recommend that this
application be DENIED in the context of the proposed Amendment #24 to the
Clarington Official Plan.
WIllI
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I:/IfIJ
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66r
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REPORT NO.: PSD.Q6S.Q2
Attachments:
PAGE 7
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Attachment 1 - Key Map
Attachment 2 - Site Plan
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List of interested parties to be advised of Council's decision:
Derek< Baird
-DB Holdings Limrteo
.603 Highway 2
Courtice. ON L 1 E 2R7
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Nilliam Bryans
i 560 Highway 2
Courtice, ON L 1 E 2R7
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662
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ATTACHMENT.
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CJ!J!-!lJgton
REPORT
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PLANNING SERVICES
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday June 17, 2002
-
Report #: PSD-066-02
File #: COPA 2002-003 By-law #:
ZBA 2002-006 & SPA 2002-005
.....
Subject: CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS
APPLICANT: GANARASKA PROPERTIES LIMITED
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RECOMMENDATIONS:
.....
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
-
1. THAT Report PSD-066-02 be received;
...
2.
THAT the Clarington Official Plan amendment and rezoning applications submitted by
D.G. Biddle & Associates Limited on behalf of Ganaraska Properties Limited be
DENIED; and
...
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3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
...
lip
Submitted by:
David . rome, MCIP, RP.P.
Director of Planning Services
Reviewed by: 0- ~ ...:.~
Franklin Wu,
Chief Administrative Officer
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RH*L T*+DJC*sn
June 11, 2002
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830
665
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REPORT NO.: PSD-066.Q2
PAGE 2
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1.0 APPLICATION DETAILS
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1.1 Applicant: Ganaraska Properties Limited
...
i .2 Agent: D.G. Biddle & Associates Limited
1.3
1.4
1.5
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Clarington Officiai Plan Amendment:
To redesignate properties at 35 and 45 Church Street from "Urban
Residential" to permit the development of a parking lot in association with
...
an existing motor vehicle sales establishment on both properties.
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Rezoning:
To rezone the property at 45 Church Street from "Urban Residential
Exception (R1-12) Zone" to implement the proposed Official Plan
amendment.
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Site Area:
0.08 hectares (0.2 acres).
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2.0 LOCATION
fill
2.1 The properties are located at 35 and 45 Church Street, west of Liberty Street in ..
Bowmanville (see Attachment 1). The portion of the applicant's land holdings under
consideration totals 0.08 hectares (0.2 acres). The property is located within Part Lot ..
11, Concession 1, in the former Town of Bowmanville.
3.0 BACKGROUND
I/fII
3.1
On February 7, 2002, D.G. Biddle & Associates Limited, on behalf of Ganaraska
Properties Limited, submitted an application to amend the Clarington Official Plan.
.
Rezoning and site plan approval applications have also been submitted for the property
at 45 Church Street. The proposed site plan is included as Attachment 2.
...
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666
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REPORT NO.: PSD-066.Q2
PAGE 3
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3.2 In 1988, the applicant submitted an Official Plan amendment application for the existing
parking lot on Church Street. At that time, area residents were opposed to the proposal
because it represented a commercial intrusion into an established residential
neighbourhood. Additional noise, pollution, and garbage were other concerns of area
residents. Staff indicated that if the south side of Church Street were to redevelop for
commercial purposes, it should be done through a comprehensive plan rather than on a
piecemeal basis, so as not to jeopardize future development options for the general
area. Although Staff recommended denial of the application without prejudice, Council
recommended approval of the application. The amendment received ministerial
approval in 1991 on the basis that the development was small in scale and promoted a
mixture of uses within the Main Central Area. The rezoning application received final
approval on October 15, 1991, which rezoned the property to "Urban Residential
Exception (R 1-24 ) Zone".
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4.0 SITE CHARACTERISTICS AND SURROUNDING USEES
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4.1 Both properties contain single detached dwellings, with the property at 35 Church Street
containing a detached garage. The properties slope south towards the car dealership.
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4.2 Surrounding Uses for 45 Church Street:
East: Parking lot associated with Cowan Motors
North: Urban residential
West: Urban residential
South: Cowan Motors
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5.0 OFFICIAL PLAN POLICIES
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5.1 Both properties are designated "Urban Residential" in the Clarington Official Plan. The
property line at the rear of the properties abutting Queen Street demarcates the
boundary of the Bowmanville East Main Central Area. The majority of the Cowan
automobile dealership is located within the Bowmanville East Main Central Area, the
exception being the two former residential lots on Queen Street, which were previously
approved for commercial use in 1991.
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667
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REPORT NO.: PSD-066-02
PAGE 4
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As proposed use does not conform to the policies, an application to amend the
Clarington Official Plan was submitted for consideration.
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6.0 ZONING BY-LAW CONFORMITY
6.1
7.0
7.1
7.2
8.0
8.1
8.2
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80th properties are currently zoned "Urban Residential Exception (R1-12) Zone". In.""
Jraer to permIt the proposea development, a rezoning apPlication was submitted for
consideration.
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PUBLIC SUMMISSIONS
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A Public Meeting was held on April 29, 2002 at which time no opposition to the proposal
was evident.
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Prior to the Public Meeting, a letter was received on behalf of area property owners
objecting to the application on the following grounds:
· The residential strip of homes in the historic neighbourhood along Church Strf
should be preserved. Their removal changes the character of the area ar. _
removes grassed area.
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· Other lands owned by the applicant along King Street should be used for the
proposed use.
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· There will be dust and leakage from cars on the parking area.
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· Proposed removal of the houses along Church Street would allow the noise from .-
the external loudspeakers to carry farther into the surrounding neighbourhood.
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AGENCY COMMENTS
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The Clarington Emergency Services Department, Central Lake Ontario Conservation,
and Veridian Connections have no objections to the proposal.
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The Clarington Engineering Services Department has no objections to this proposal
provided that the following requirements are fulfilled:
...
· All existing entrances to Church Street must be removed. Appropriate securities ..
are required for entrance removal and curb reconstruction.
668
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REPORT NO.: PSD.Q66.Q2
PAGE 5
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· A site plan agreement is required for all internal and external works and services
related to the development.
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· A 2% cash-in-lieu of parkland dedication is required.
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· A demolition permit is to be obtained to remove the dwelling.
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8.3 The Durham Regional Planning Department has no objections to the application. As
the application has no significant Regional or Provincial implications, the application is
exempt from Regional approval.
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8.4 The Durham Region Public Works Department has no objections to the proposal
provided that the Region properly disconnects existing municipal water and sewer
services.
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9.0 COMMENTS
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9.1 The proposed application would redesignate two additional properties for parking lot
uses, would change the character of the block from residential to commercial,
marginalizing existing residential uses within the block. Noise from the operation would
travel further into the adjacent neighbourhood. If approved, only three of the original
seven residential properties would remain on the south side of Church Street between
Liberty and Brown Streets. The approval of these applications fundamentally commits
the entire block for commercial development and will change the nature of Church
Street in this location.
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9.2 During the processing of the original official plan amendment application, staff raised
concerns over the piecemeal nature of redevelopment along the south side of Church
Street. The applicant has never submitted a comprehensive concept plan for the area
for staff review.
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669
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REPORT NO.: PSD.Q66.Q2
PAGE 6
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9.3 The applicant stated that additional lands are needed for new car Inventory. The new
lot at 45 Church Street would provide a net increase of 20 parking spaces. ..
It is noted that site plan approval has been given for a parking lot between the existing ..
building and Brown Street (see Attachment 3). Phase 2 would pennit additional 14 car
parking area on commercially zoned property. The applicant would be required to ..
obtain a permit to demolish the existing dwelling and provide a 3.9 metre road widening
on Brown Street. In staffs opinion, the applicant should proceed with developing the ...
existing approved site for parking. This would oniy remove hOLJsing stock from a
commercially zoned area. The net difference would be 6 fewer parking spaces. ..
10.0 CONCLUSIONS
..
10.1 Staff have carefully reviewed the application for its merits and imp,acts. Based on the
comments contained in this report, staff would recommend that this Ireport be DENIED.
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Attachments:
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Attachment 1 - Key Map
Attachment 2 - Proposed Site Plan
Attachment 3 - Existing Site Plan
..
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Interested parties to be advised of Council and Committee's decision:
Tom Cowan
Ganaraska Properties Limited
166 King Street East
Bowmanville, ON L 1 C 1 N8
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Rob Laroque
D.G. Biddle & Associates Limited
96 King Street East
Oshawa, ON L 1 H 1 B6
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David Davidson
4241 Old Scugog Road
R.R. # 1
Bowmanville, ON L 1 C 3K2
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670
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ATT ACHMEINT 1
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45 Church Street
Existing Dwelling to be
Removed and Area to be
Used for Parking Lot
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35 Church Street
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COPA 2002-003,
ZBA 2002-006 and SPA 2002-005
Official Plan, Zoning and
Site Plan Amendments
Ganaraska Properties Ltd.
EEEiI COPA 2002-003
_ ZBA 2002-006 AND SPA 2002-005
~ Other Lands Owned By Applicant
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REPORT
-
PLANNING SERVICES
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday June 17, 2002
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Report #: PSD-067 -02
File #: ZBA 2002-015
By-law #:
-
Subject: APPLICATION FOR REMOVAL OF HOLDING
APPLICANT: TUNNEY PLANNING INC.
-
RECOMMENDATIONS:
-
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
-
1.
THAT Report PSD-067-02 be received;
2.
THAT the attached by-law to remove the Holding (H) symbol be APPROVED and
forwarded to the Regional Municipality of Durham; and
-
3.
THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
-
-
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Submitted by: ~~
Da'vid . Crome, MCIP, RP.P.
Director of Planning Services
cJ ~-:... ~
Reviewed by:
Franklin Wu,
Chief Administrative Officer
-
-
SA *L T*DJC*sn
June 6, 2002
-
-
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830
674
-
REPORT NO.: PSO-067-02
PAGE 2
..
1.0 APPLICATION
..
1.1 Owner: Clarington RPM -
1.2 Applicant: "Tunney Planning Inc.
-
~ .3 Rezoning: ~emoval of "Holding (H)" symbol from 'Holding - General Industrial
((H)M2)" to "General Industrial (M2)"
..
1.4 Location: Part Lot 26, Broken Front Concession, former Township of Darlington
2.0
2.1
3.0
3.1
3.2
BACKGROUND
..
On May 7,2002, Staff received a request from Tunney Planning on behalf of Clarington ..
RPM (Bill Labanovich) for the removal of the "Holding (H)" provision from 81 Osbourne
Road. This application was received concurrently with a site plan application for the ..
development of an industrial building on the property. Attachment 1 shows the location
of the lot currently zoned "Holding - General Industrial ((H)M2)". ..
STAFF COMMENTS
The subject property is presently zone "Holding - General Industrial ((H)M2). The
proviSions of the Zoning By-law allow for the removal of the "Holding (H) symbol, by by- ..
law, upon Council being satisfied that the uses to be permitted will be adequately
serviced, have appropriate access, and will be used for the purposes intended by the
by-law.
-
..
..
The removal of holding application is being brought forward at this time, as the site plan
process is now underway with the majority of comments received from commenting
agencies and departments. Staff anticipate that the site plan agreement will be
completed by the end of June 2002. As Council will have recessed at this time, staff are ..
recommending the Holding symbol be removed at this time to facilitate development at
the site during August 2002.
..
..
..
675
..
..
REPORT NO.: PSO-067.Q2
-
PAGE 3
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3.3 A building permit will not be issued for this site until a site plan agreement has been
entered into and all required letters of credit for performance guarantees, cash-in-lieu of
parkland and development charges have been received by the Municipality of
Clarington.
-
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3.4 ;t is noted that pursuant to Section 36 of the- Planning Act. 3 ~y-jaw-amendment to
:emove the "Holding (H)" symbOl is not subject to the normal aopeal period afforded to a
standard rezoning aoplication. and accoraingiy, snail be aeemed' final and binding
should CounCil grant approval of same.
-
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3.0 RECOMMENDATIONS
-
3.1 In consideration of the comments noted above approval of the removal of the -HOlding
(H)" symbol as shown on the attached by-law and schedule (A.chment 2) is
recommended.
-
-
Attachments:
-
Attachment 1-
Attachment 2
Key Map
By-law for Removal of Holding (H)
-
Interested parties to be advised of Council's decision:
-
ClarinQton RPM
c/o Bill Labanovich
P.O. Box 195
BOWMANVILLE, Ontario
L 1 C 3K9
-
-
Tunney Planning Inc.
340 Byron Street South
Unit 200
WHITBY, Ontario
L 1 N 4P8
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Johnson Building Construction Inc.
Unit 1 - 2100 Forbes Street
WHITBY, Ontario
L 1 N 9T3
-
676
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ATTACHMEJf1 ;1
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LOT 26 BROKEN FRONT CONCESSION
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ZBA 2002-015 and SPA 2002.019
Zoning By-law and Site Plan
Amendments
..
1151223 Ontario Limited
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677
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1.
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3.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2002-_
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended. of the Corporation of the fonner Town
of Newcastle to implement ZBA 2002-015.
NOW THEREFORE BE IT RESOlVED THAT the Council of the Corporation of the
Municipality of Clarlngton enact as follows:
Schedule .1. to By-law 84-83. as amended, Is hereby further amended by
changing the zone designation from:
.HoIding - General Industrial ((H}M2t to "General Industrial (M2).,
Schedule "A" attached hereto shall form part of the By-law,
This By-law shan come Into etreet In the date of passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
BY-lAW read a 1Irst time this
day of
2002
BY-LAW read a second time this
day of
2002
BY-LAW read a third time and finally passed this
day of
2002
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
678
ATTACHMENT ~
[This is Schedule "A" to By-law 2002- ,
passed this __ day of , 2002 A.D.
LOT 2& BROKEN--FRONT CONCESSION
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o Zoning Change from "(H)M2"to "M2"
John Wutton. Woyor
Potti L. Borr1e. WunlcIpol Clerk
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Darlington
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Cl{J[jfJglon
REPORT
PLANNING SERVICES
PUBLIC MEETING
-
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
-
Date: Monday, June 17, 2002
-
Report #:
PSD-068-02
File #: ZBA 2002-012
By-law #:
-
Subject:
REZONING APPLICATION
APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC.
-
RECOMMENDATIONS:
-
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
-
1,
THAT Report PSD-068-02 be received;
-
2. THAT the rezoning application submitted by Orchard Park Estates (Bowmanville) Inc. be
APPROVED as contained in Attachment 2; and
3, THAT all interested parties listed in this report and any delegations be advised of
Council's decision,
-
-
Submitted by:
Reviewed b~ -.::- ~1....
Franklin Wu
Chief Administrative Officer
-
-
av {J. Crome, M,C,I.P.,RP,P,
Director, Planning Services
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AR*L T*DJC*sh
May 30, 2002
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
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680
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REPORT NO.: PSD-Q68-Q2
PAGE 2
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1.0 APPLICATION DETAILS
1,1 Applicant: Orchard Park Estates (Bowmanville) Inc.
1,2 Agent: (as above)
1,3 Rezoning: To rezone the property from "Environmental Protection (EP)
Zone" to "Urban Residential Type One (R1) Zone" to permit the development of
2 semi-detached dwellings on Block 113 ana to increase the lot area for lots 61-
64 and 73-76 in 40M-2066.
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1.4 Site Area:
0.19 hectares (0.46 acres)
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2.0 LOCATION
2.1 The property under consideration includes Blocks 113 to 129 in Registered Plan
of Subdivision 40M-2066 (see Attachment 1). The subject property is located
within Part Lot 10, Concession 2, in the former Town of Bowmanville.
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3.0 BACKGROUND
3,1 On March 27, 2002, Orchard Park Estates (Bowmanville) Inc. submitted a
rezoning application to permit the development of two (2) semi-detached
dwellings on Block 113 and to increase the lot area for lots 61-64 and 73-76 in
40M-2066.
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4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4,1 The subject lands are located within a registered plan of subdivision. New
homes within the subdivision are currently under construction.
4,2 Surrounding Uses:
East - Residential uses
North - Residential uses
West - Residential uses
South - Detention pond and St. Lawrence and Hudson Railway beyond.
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REPORT NO.: PSO-Q68-Q2
PAGE 3
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5.0 OFFICIAL PLAN POLICIES
5,1 The Clarington Official Plan designates the property as "Urban Residential"
within the Bowmanville Urban Area, The proposed use conforms with provisions
of the "Urban Residential" designation,
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6.0 ZONING BY -LAW CONFORMITY
6.1 The lands SUbject to the application are currently zoned "Environmental
Protection (EP) Zone". In order to permit the proposed development. a rezoning
application was submitted for consideration,
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7.0 AGENCY COMMENTS
7.1 The application was circulated to a number of agencies for comments. The
following agencies have advised that they have no objection or comments on the
subject application:
· Municipality of Clarington Building Division
· Durham Region Public Works Department
· Clarington Operations Department
· Durham Region Planning Department
· Central Lake Ontario Conservation
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7,2 The Clarington Engineering Services Department has indicated they would have
no objections to the application as filed" It was noted the subdivision agreement
contains provisions that would address the Engineering Service requirements for
the lands in question should the rezoning application be approved.
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8.0 STAFF COMMENTS
8,1 The subject property was originally zoned Environmental Protection (EP) for an
overland flow channel. Engineering alternatives have been developed to allow
the subject lands to develop.
8.2 In accordance with special conditions set out in the Subdivision Agreement,
Blocks 114-129 are to be transferred to the abutting lots, As a condition of this
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682
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REPORT NO.: PSD-068-02
PAGE 4
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transfer, Blocks 113 to )9 must be rezoned to an appropriate residential zoning
category, The SubdivIsion Agreement states that an application for rezoning
must be submitted within one year of registration of 40M-2066, which was
registered in September 2001, Should the rezoning be approved, Block 113
could be developed for 2 semi-detached units.
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3.3A.s an additional condition, Staff has requested that future and current purchasers
of lots affected by the rezoning and subsequent transfer of landS be notified of
the proposal and that an acknowledgement of the reSUlting cnanges be secured
from them. Those who have already purcnased lots have been requested by the
applicant to execute an Amendment to their Agreement of Purchase and Sale.
At the time of writing of this report, 13 of the total 16 affected lots had been sold
and their purchasers had agreed to the Amendment.
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9.0 CONCLUSIONS
9,1 The application has been reviewed in consideration of the comments received
from the circulated agencies and the policies of the Clarington Official Plan. The
applicant has agreed to the conditions of the Subdivision Agreement and those
provided by the circulated agencies. In consideration of the comments contained
in this report, Staff recommend the proposed rezoning be approved as contained
in Attachment 2,
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Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law Amendment
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List of interested parties to be advised of Council's decision:
Susan Zucchero
Orchard Park Estates (Bowmanville) Inc.
1140 Sheppard Ave. N. Unit 12
Toronto, Ontario M3K 2A2
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683
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ZBA 2002-012
Zoning By-law Amendment
Blocks 113 to 129 Incl.
40M-2068
Orchard Park Estates
1...-_._._..____..... .
~_...__. .......... ~.<:
ATT~ 2
filii!
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2002-
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being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the
former Corporation of the Town of Newcastle
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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 Newcutte in
accordance with apptication ZBA 2002-012 to permit the development of 2 serm-detached
dwelling units on Black 113 in 40M-2066 and to increase the lot area for Lots 61 to 64 and 73 to
76 in 40M-2066
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NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municip&1ity
of Clarington enacts as foflows:
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1,
Schedule "3. to By-law 84-63. as amended. Is hereby further amended by changing the
zone designation from :
"Environmental Protection (EP) Zone- to "Urban Residential Type One (R 1) Zone.
as shown on the attached Schedule "A" hereto.
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2. Schedule "A- attached hereto shall form part of this By-law,
3. This By-law shall come Into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
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BY-LAW read a first time this
day of
2002
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BY-LAW read a second time this
day of
2002
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BY-lAW read a third time and finally passed this
day of
2002
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John Mutton, Mayor
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Patti L. Barrie. Municipal Clerk
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This is Schedule "A" to By-law 2002- ,
passed this day of , 2002 A.D.
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_ Zoning change from "Ep.to "R1.
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Jonn Mutton. Moyor
Potti L. Barrie. Municipol C~
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IlIlIII
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Cl~ilJgtDn
REPORT
PLANNING SERVICES
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMrITEE
Date: Monday, June 17, 2002
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Report #:
:JSD-069-02
File #: A2002/006, A2002/024, By-law #:
A2002/027, A2002/029 and A2002/030
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Subject:
MONITORING THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETING OF JUNE 6, 2002
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RECOMMENDATIONS:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
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1,
THAT Report PSD-069-02 be received;
2,
THAT Council concurs with decisions of the Committee of Adjustment made on June 6,
2002 for applications A2002/006, A2002/024, A2002/027, A2002/029 and A2002/030
and that Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
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Submitted by:
David rome, M,C,I.P.,R.P.P.
Director, Planning Services
Reviewed by: a ~ -l.. -G-.R
Franklin Wu
Chief Administrative Officer
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SA *DJC*df
7 June 2002
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3AB T (905)623-3379 F (905}623-0830
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687
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REPORT NO.: PSO..Q69..Q2
PAGE 2 ...
1.
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All applications received by the Municipality for minor variance are scheduled for
a hearing within 30 days of being received by the Secretary-Treasurer. The
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purpose of the minor variance applications and the Committee' decisions are
detailed in Attachment 1. The decisions of the Committee are detailed below.
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DECISIONS OF COMMITTEE OF ADJUSTMENT FOR JUNE 6, 2002
Application Numoer
A2002/006
,-\2002/024
A.2002/027
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Staff Recomrnencation
Decisions of Committee ,I
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I abled to Juiy 4, 2002 'I
i_
.~pprovea as amended !I
---4
Deny
Approve as amended
A
pprove Kpprovea
1 A2002/029 I i
Approve Approved
A2002/030 I Approve Approved
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1,
Application A2002/006 was for increase in height of an accessory building from
the maximum permitted 5 metres to 6.7 metres, an increase of 34%. Staff did
not find this increase to be minor in nature, nor desirable for the neighbourhood
and recommended denial. Committee felt further review of the drawings and
another site inspection was warranted prior to making a decision and thus the
application was tabled to the next meeting, July 4, 2002,
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2. Application A2002/024 was for a 1,000 ft2 detached garage, 84% of the
minimum floor area of the existing dwelling. Staff did not find this application as ...
applied for to be minor in nature nor desirable for the neighbourhood. Staff
recommended approval of a detached garage and to keep an existing shed, ...
totalling 55% (609 tf in area), as a survey of the area found this size more in
keeping with existing residential development. ...
The application was tabled to allow the applicant time to reconsider the ..
application, The applicant gave due consideration to discussion at the Committee
of Adjustment meeting May 16, 2002 and requested the Planning Services .,
Department to amend the application to permit a detached garage to be
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REPORT NO.: PSO.Q69.Q2
PAGE 3
constructed and one existing shed to remain if desired. to 55% of the floor area
of the existing single detached dwelling. The application received approval by
the Committee of Adjustment.
3,
Application A2002/027 was not heard at Committee of Adiustment on May 16,
~J02. 3S me c100licam did not OOSt the Public t'Jotice sIan ten (10) days Orlor to
1e Hearlna, ~s oar the Filannrng p..et. -',e 3001lcam c:d C~st the sign In
-8nTOrmltv limn the Plannmq Act Tcr t'le .;une ci~Genaa ana the application
-~celvea aooroval.
4.
Staff has reviewed the Committee's decISions ana IS satisfied that the
applications that received approval are in conformity with the Official Plan
policies, consistent with the intent of the Zoning By-law and are minor in nature
and desirable. Council's concurrence with the Committee of Adjustment
decisions is required in order to afford Staff's official status before the Ontario
Municipal Board in the event of an appeal of any decision of the Committee of
Adjustment.
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Attachments:
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Attachment 1 - Periodic Report
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689
ATTACHMENT 1
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Cl{J!:.-!lJgtnn
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
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APPLICANT:
OWNER:
PROPERTY LOCATION:
RONDEAU. BRUCE
RONDEAU, BRUCE
7 DORSET ST", SOllNA
PART LOT 25, CONCESSION 6
FORMER TOWN(SHIP) OF DARLINGTON
A2002/006
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FILE NO.:
PURPOSE:
TO PERMIT A DETACHED GARAGE BUILT WITH A HEIGHT OF 6.12 METRES INSTE: ,;[
OF THE MAXIMUM PERMITTED 5 METRES. ..
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DECISION OF COMMITTEE:
THAT THE APPLICATION BE TABLED TO JULY 4,2002, TO ALLOW COMMITTEE TI~'!!::
FOR FURTHER REVIEW OF THE PROPERTY AND THE DRAWINGS.
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DATE OF DECISION: June 6,2002
LAST DAY OF APPEAL: June 26, 2002
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690
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Cl~illgtnn
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
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APPLICANT:
OWNER:
PROPERTY LOCATION:
GRAHAM. CRAIG
3RAHAM. CRAIG
6087 LESKARD RD." CLARKE
PART LOT 30. CONCESSION 6
FORMER TOWN(SHIP) OF CLARKE
A2002l024
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FILE NO.:
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PURPOSE:
TO PERMIT CONSTRUCTION OF A DETACHED GARAGE THAT WILL INCREASE
TOTAL LOT COVERAGE BY ACCESSORY BUILDINGS FROM THE MAXIMUM
PERMITTED 40% TO 84% OF THE TOTAL FLOOR AREA OF THE EXISTING DWELLlNC:
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DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED AT 55% OF THE EXISTING DWELLING AS IT
IS IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW & IS DEEMED
MINOR & DESIRABLE.
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DATE OF DECISION: June 6, 2002
LAST DAY OF APPEAL: June 26, 2002
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691
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Clf}!.pn
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
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APPLICANT:
OWNER:
PROPERTY LOCATION:
FilE NO.:
TOPOLlE. M.
SACKETT, JAMES
105 CEDAR CREST BEACH RD." BOWMANVILLE
PART LOT 12, CONCESSION BF
FORMER TOWN(SHIP) OF BOWMANVILLE
A2002J027
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PURPOSE:
TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE WITH 2ND FLOOR
STORAGE AREA TO AN EXISTING DWELLING WITH A SOUTH WESTERLY SIDE Y A1tf
SETBACK OF 1.82 METRES INSTEAD OF THE REQUIRED 3 METRES.
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DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED AT 2.6 M WESTERLY SIDE YARD SETBAG~
AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS
MINOR & DESIRABLE.
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DATE OF DECISION: June 6,2002
LAST DAY OF APPEAL: June 26, 2002
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692
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CllJlipn
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
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APPLICANT:
OWNER:
PROPERTY LOCATION:
BLACK. SUZANNE
BLACK. LAURIE STEVEN
1 HARTSFIELD DR." COURTICE
PART LOT 34. CONCESSION 3
FORMER TOWN(SHIP) OF DARLINGTON
A2002/029
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FILE NO.:
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PURPOSE:
TO RECOGNIZE AN EXISTING ACCESSORY BUILDING WITH AN EXTERIOR SIDE
YARD SET BACK OF 1 METRE INSTEAD OF THE REQUIRED 6 METRES.
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DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED AT 0.92 METRES FOR THE EXISTING SHED
AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS
DEEMED MINOR AND DESIRABLE.
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DATE OF DECISION: June 6, 2002
LAST DAY OF APPEAL: June 26, 2002
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Cl!Jl#1gton
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
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APPLICANT:
OWNER:
PROPERTY LOCATION:
FILE NO.:
DEL GOBBO. GINO
DEL GOBBO, GINO
620 LONGWORTH AV", BOWMANVILLE
PART LOT 11, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILLE
A2002/030
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PURPOSE:
TO PERMIT CONSTRUCTION OF A DECK BY REDUCING THE EASTERLY S!OE Y AI:
SETBACK FROM THE REQUIRED 1.2 METRES TO 0 METRES. ..
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DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED FOR 0.91 METRES FOR THE PROPOSED.
DECK AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW
AND IS DEEMED MINOR AND DESIRABLE.
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DATE OF DECISION: June 6,2002
LAST DAY OF APPEAL: June 26. 2002
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fIII/I
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CJ![-!J!glon
REPORT
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PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Date: Monday June 1 7. 2002
Report #: PSD-070-02
File #: PLN 34.5.2.1
By-law #:
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Subject:
ALTERATION TO DESIGNATED HERITAGE BUILDINGS
ST. GEORGE'S ANGLICAN CHURCH AND PARISH HALL
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RECOMMENDATIONS:
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1,
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-070-02 be received;
THAT as the Local Architectural Conservation Advisory Committee has no objection to
the application for alteration to construct an addition between St. George's Anglican
Church and the Parish Hall, permission be granted in accordance with Section 33 (4) of
the Ontario Heritage Act, R.S.O. 1999 for the joining addition as requested; and
THAT th:8 Local Architectural Conservation Advisory Committee, the Wardens of St.
George's Anglican Church, and the Ontario Heritage Foundation be advised of
Council's decision.
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Submitted by:
D vi . Crome, MCIP, R.P.P.
Director of Planning Services
Reviewed by: \ '1 ~- --(;...""-
Franklin Wu,
Chief Administrative Officer
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IL *BN*DJC.sh
June 5, 2002
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905}623-3379 F (905}623-QS30
695
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REPORT NO.: PSD-070-o2
PAGE 2
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1.0 BACKGROUND
1.1 St. George's Anglican Church and Parish Hall are located at the south west corner
of Edward Street and Mill Street South if' Newcastle Village (Attachment 1). Both
structures were formally designated under the Ontario Heritage Act by By-law 89-
,]32 and are recOrded in the Municipal inventory of heritage resources as inventory
:lumber H348, The Churcn was constructed in 1857 under the direction of William
Hay and it is a classic example of Gothic Church architecture. By-law 89-032 noted
the following features to be of architectural significance:
· The gothic tower and steeple
· The slate roof
· The open arches, columns and ceiling paneling
· The early stained glass windows and two large Tiffany windows
· The boxed pews and the organ
· The decorative painting on the east wall
· The vestry and its paneled wall
· The cabinet for hangings and the matching table and chairs
· The brick boundary wall
· The brick exterior of the Parish Hall
· The Hall's timbered porch
· The Hall's lancet windows
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1 ,2 The Planning Services Department has received a copy of a request to the Local
Architectural Conservation Advisory Committee (LACAC) to construct an addition to
the St. George's Anglican Church (Attachment 2) which would connect the church
building to the Parish Hall. The 109 square metre (1175 sq ft) addition would
contain a full basement with a washroom, a main floor with a handicap washroom,
two offices, a nursery and a choir/Sunday school room, and a second floor with a
storage room, a youth room, and two unfinished areas.
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1.3 Since the designation of these buildings in 1989 there have been two previous
proposals to construct additional congregational and community facilities on the site.
The first proposal was to build an expansion at the south end of the Church. The
second proposal was to demolish the Parish Hall and build an addition to the Church
IfII/i
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REPORT NO.: PSD-070-02
PAGE 3
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that would extend along the Edward Street frontage, Neither of these projects were
followed thorough,
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2.0 COMMENTS
:::.1 -\Iteration Proposal
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:'.1.1 The Ontario Heritage Act empowers a mUnicipality to pass a bv-law designating a
structure to be of historic and/or architectural value or interest. ~he Act stipulates
that the owner ot a structure so designated cannot alter the structure where such
aiteration IS likely to affect the reasons for designation without the written consent of
Council. Council is required to consider any application for alteration of a
designated property in consultation with the LACAC. The proposed connection
between the Church and the Parish Hall would alter both buildings somewhat.
Therefore, Council's approval is required.
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2.1,2 At the LACAC meeting of May 28, 2002, Mr. Elgin Heard, Mr. Mark Hendrikx, and
Reverend Saunders presented the proposal to the Committee, The Church building
itself does not provide any washroom facilities. The only existing washroom on the
site is located in the basement of the Parish Hall. The main floor would contain a
washroom which is not only accessible from the Church, but is also handicap
accessible. The addition would also contain office space, a Sunday school room
and a nursery, neither of which currently exist in the Church building.
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2,1.3 The project has been designed with the intent to preserve the existing heritage
architectural features. The conceptual photograph entitled "The Missing Link" in
Attachment 2 shows that the connection would repeat the roof line and pitch of the
Parish Hall. The two tall stained glass windows in the middle of the link are those
which are to be removed from the Church wall between the front set of buttresses in
order to provide a door into the Church, The two small lancet windows are those to
be removed from the Parish Hall in order to provide an access from the link into the
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REPORT NO.: PSD-070-02
PAGE 4
Hall. The window sills for these four windows will also be moved and preserved
wherever possible,
....
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2,1.4 The connection will have a concrete foundation and will be faced with stone along
the street fayade to match the stone foundation of the heritage buildings. The roof is
to imitate the onginal slate roof in texture. The brick facade is also to match the
heritage buildings both in colour and in bond. The door from the Church to the link is
to be a Gothic arch style, replicating the existing main entrance to the Church. Two
pews wiil be removed to accommodate an isle to the door.
.III
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2.1.5 The connection is to be joined to the Church in the same manner as the addition to
the Municipal Administrative Centre has been connected to the original Bowmanville
Town Hall, As the second floor plan shows, the addition will be open to below along
the Church wall, thereby allowing the two stained glass windows remaining in the
wall at the connection to be visible from top to bottom. The second floor also
proposes a small section which is open to below, again allowing the windows in the
link to be visible from top to bottom.
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2.1,6 After the presentation by Church representatives the LACAC unanimously passed a
motion in support of the alteration to the Church and Parish Hall as presented. On ..
May 29, 2002, the LACAC submitted correspondence to staff in support of the
application for alteration (Attachment 3). ..
.
2.2 Planning Act Requirements ..
2.2.1 Before the addition can be built it will be necessary to comply with the regulations of .""
the Planning Act. The Former Town of Newcastle Comprehensive Zoning By-law
84-63, as amended, has zoned the property Urban Residential Type One Exception 41
(R1-1), This zone permits single detached dwelling units only, The use of the
property as a church is legal non-conforming, Therefore, a minor variance would be ..
698
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REPORT NO.: PSD-070-o2
PAGE 5
required before the legal non-conforming use could be expanded. Site plan
approval would also be required before a building permit could be granted.
2,2,2 The property currently does not have any on site parking facilities, The Church
owns a vacant lot across the street located at 295 Mill Street South which could be
Jtilized for a parkinq area for up to 33 vehicles upon site plan approval. By-law 84-
03 reqUIres one parking space for each 9 square metres of gross floor area. The
""adition provides 249.6 square metres of gross floor area over three floors, thereby
~enerating the need for 28 parking spaces. These can oe accommodated on the
vacant lot. If the Church decides not to use this lot they can make an application for
a minor variance to reduce the parking space requirement to zero.
2.2.3 The Church has been informed of these requirements and are aware that a minor
variance application is a public process and that there are no guarantees of
...
approval. They will be making the appropriate applications for minor variance and
site plan approval upon Council's approval of this application for alteration.
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3.0
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3.1
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CONCLUSION
The LACAC's function under the Ontario Heritage Act is to provide advise and
assistance to Council on matters of heritage preservation. The LACAC is in full
support of this application for alteration as proposed. Staff are also in support. The
link provides essential facilities required for this community facility. The design of
the addition is sensitive to the architectural elements of the heritage structures. Its
construction will not have a negative impact on this landmark feature. Both the
LACAC and staff recommend that the application be approved.
-
Attachments
... Attachment 1 - Key Map
Attachment 2 - Proposed Addition
Attachment 3 - Letter of support
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...
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699
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REPORT NO.: PSD-070-02
PAGE 6
Interested parties to be notified of Council's and Committee's decision:
Mavis Carlton
LACAC Chairperson
Municipality of Clarington
40 Temeperance Street
Bowmanville, Ontario
L 1 C 3A6
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Reverend Saunders
c/o St. George's Anglican Church
250 Mill Street South
Newcastle, Ontario
L1 B 1 C3
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Mr. Mark Hendrikx
37 King Street West
Newcastle, Ontario
L 1 B 1 H2
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Mr. Elgin Heard
c/o St. George's Anglican Church
250 Mill Street South
Newcastle, Ontario
L 1 B 1 C3
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EDWARD STREET WEST
JAMES STREET WEST
ATTACHMENT
EDWARD STREET EAST
JAMES STREET EAST
H348
250 Mill Street South, Newcastle
Owner: Anglican Church of Canada
-nGHWAY 401
69 '1 02
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ATTACHMEN- .~
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May 29, 2002
..
Mr, David Crome
Director of Planmng ServIces
Municipality of Clarington
-1-0 Temperance Street
Bowmanvllle, Ontario
LiC 2A6
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Dear Mr, Crome:
-
RE: Application for Alteration to Designated Property
St. George's Anglican Church and Parish Hall
250 Mill Street South, Newcastle Village
..
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The Wardens of St. George's Anglican Church have approached the LACAC with a
proposal to construct an addition to the Church that would connect the Church building to
the Parish Hall. A presentation was made to the Committee at their regular meeting of
May 28th, 2002.
..
The LACAC unanimously approved the attached motion and are in support of the
Church's application for alteration to a designated heritage property.
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Yours truly,
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Mavis Carlton
LACAC Chair
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69909
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02-33
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Moved by Don MacArthur, seconded by Andrew Osborne that the addition
to St. George's Anglican Church in Newcastle as presented is supported
by LACAC:
· moving two lancet windows and sills from the church;
· moving two windows and sills from the church hall;
· brick fa<;:ade to match the colour and bond;
· roofing material to imitate slate appearance;
· cement foundation will be faced with stone rubble above grade;
· some pews will be removed;
· interior door will be gothic wooden design.
69910
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REPORT
PLANNING SERVICES
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Date~
Monday, June 17. 2002
Report #:
PSD-071-02
File #: RE 34,5.2.63 _
By-law #:
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Subject:
PROPOSED HERITAGE DESIGNATION
5311 ACRES ROAD
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RECOMMENDATIONS:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-071-02 be received;
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2.
THAT the request of the Local Architectural Conservation Advisory Committee to
designate 5311 Acres Road, Part Lot 4, Concession 5, former Township of Darlington
as a historical structure be APPROVED;
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3.
THAT the Clerk prepare the required notice of intent pursuant to the provisions of the
Ontario Heritage Act and report back to Council following the prescribed notification
period .
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4,
THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
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Submitted by:
D vi ,Crome, M.C.I.P.,R.P.P.
Director, Planning Services
Reviewed byD ~- ~~
Franklin Wu
Chief Administrative Officer
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IL *BN*DC*df
4 June 2002
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905}623-3379 F (905}623-0830
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6991 \
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REPORT NO.: PSO-071-02
PAGE 2
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1,2 The Ontario Heritage Act empowers a municipality to pass a by-law designating
a structure to be of historic and/or architectural value or interest. The Act
stipulates that the owner of a structure so designated cannot alter the structure
without the written consent of Council where such alteration is likely to affect the
reasons for designation. Council is required to consider any application for
alteration of a designated property in consultation with the LACAC.
1.0
1.1
BACKGROUND
The Planning Services Department has received a copy of a request submitted to
the Local Architectural Conservation Advisory Committee (LACAC) to designate
as having historic and/or architedural value or interest the property known as
5311 Acres Road, Part Lot 4, Concession 5. former Township of Darlington
(Attachment 1). The structure is described in Attachm,-s 2. The property has
been given Primary status in the Municipality of Clarington's LACAC inventory of
heritage resources as it has features worth preserving, and it has been recorded
as H046.
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2.0 COMMENTS
2.1 Staff have reviewed the property terms of its Official Plan and Zoning By-law
designation and have conducted a site inspection of the building. Staff support
the designation of the structure, pursuant to the Ontario Heritage Act, as having
historic and/or architectural significance.
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2.2 It is therefore recommended that the Clerk prepare, send and publiSh the
required notice of intent pursuant to Section 29 of the Ontario Heritage Act and
report back to Council following the prescribed notification period.
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Attachments:
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Attachment 1 - Key Map
Attachment 2 - Features to be designated
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69912
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REPORT NO.: PSD~71~2
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PAGE 3
List of interested parties to be advised of Council's decision:
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Mavis Canton
LACAC Chairperson
Municipality of Clarington
40 Temperance Street
Bowmanviller- ON L 1 C3Ai
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Mi't and Mnr. lan- Fraseft
5311 Acres Road
R. R.#4--
8owmsnvitl~ ON L 1 C 3K5
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H046
5311 Acres Road, Clarlngton
1
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Owner: Ian and Mary Fraser
TAUNTOH
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ATTACHME~
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The Roger Cole House
5311 Acres Road. Part Lot 4. Concession 5. Darlinaton
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This random-coursed fieldstone farmhouse was constructed in the Regency style for Roger
Cole in approximately 1855. It is one of three similar stone houses along Acres Road all built
for members of the Cole family, The house sits on a 100 acre lot which has been farmed for
generations. The building has been restored and modified to provide modem conveniences
while still maintaining many of its original architectural elements. It is recommended for
designation under# the- Ontario. Heritag& Act for its historicah: significance and' the-following
exterior and~interior architectoraUeatures.
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Exterior:-
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· Random-course fieldstone
· Cross and bible front wooden door
· Front-entrance transom frame and sidelight frames
· Split granite fieldstone quoins
· Granite lintels
· Hip roof with gable ends and return eaves
· Single green granite stone in south wall
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Interior:
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· Red pine flooring
· Staircase with decorative scrolls, square balusters and round-over railings
· Dining room hand-grained door, window wells and casings
· Fire place with simple mantle and concrete hearth
· Built-In china cabinet with cylinder glass
· Original baseboards, door casings, window casings, chair rails and doors
· Wainscoting and ceiling in former back kitchen
· Hot Iron floor registers and wooden cokt air registers
· Original basement windows and wooden stairs.
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'69915
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday June 17. 2002
Report #: PSD-072-02
File #: Z8A 2002-019
By-law #:
Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: GEORGE SMITH
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
THAT Report PSD-072-02 be received;
THAT the application submitted by George Smith on behalf of 2001544 Ontario Limited to
remove the Holding (H) symbol for Phase II of the Robinson Ridge subdivision be APPROVED;
THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded
to the Regional Municipality of Durham Planning Department; and
THAT all interested parties listed in this report and any delegations be advised of Council's
decision,
Submitted by:
Reviewed byG ~ ~ ~
Franklin Wu,
Chief Administrative Officer
D id J rome, MCIP, RP.P.
Director of Planning Services
CP*L T*DJC.sn
June 7, 2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-0830
lOOft.
REPORT NO.: PSD-072-o2
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PAGE 2
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1.0 APPLICATION DETAILS
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1,1 Applicant: George Smith
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1 .2 Owner:
2001544 Ontario Limited
1.3 Rezoning: Removal of "Holding (H)" symbol
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1 .4 Location:
Part Lots 35, Concession 1, former Township of Darlington (Attachment 1)
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2.0 BACKGROUND
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2.1 On June 4, 2002, Staff received a request from George Smith's office for the removal of'"
the "Holding (H)" provision from the Phase II lands of 18T-89037, Robinson Ridge,
Attachment 1 shows the location of the lands subject to the request for removal of-
holding.
2.2
The applicant has entered into an amending agreement with the Municipality for the
development of Phase II of the Robinson Ridge subdivision. The agreement in plac ..
covers the Municipality's financial interest, including payment of development charges.
Removal of the Holding (H) prefix will permit the development of 120 single detached ..
dwelling lots: 28 lots (56 units for semi-detached/linked dwellings); and 8 blocks for 38
on-street townhouse units within Phase II.
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3.0 STAFF COMMENTS
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3.1 The phase II lands have a number of different zones as follows:
...
"Holding - Urban Residential Exception (H(R1-41 ))":
"Holding - Urban Residential Exception (H(R1-42))";
"Holding - Urban Res,\.iential Exception \rl(R2-12))";
"Holding - Urban Residential Exception (H(R2-13))";
"Holding - Urban Residential Type Three (H(R3))",
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69917
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REPORT NO.: PSO-072-02
PAGE 3
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The provisions of the Zoning By-law allow for the removal of the "Holding (H)" symbol,
by By-law, upon Council being satisfied that the uses to be permitted will be adequately
serviced, have appropriate access, and will be used for the purposes intended by the
By-law.
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';s noted above. the aoplicant has executed an amending agreement with the
Municipality and all securities will be in place prior to the issuance of building permits.
~he prooosal is in accordance with the amended Phasing Plan Tor this subdivision. As
such, staff have no obiections to the lifting of the holding symbol for the Phase 2 lands.
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3.2 A by-law amendment to remove the "Holding (H)" symbol is not subject to the appeal
period afforded to rezoning application, and accordingly shall be deemed final and
binding should Council grant approval of same.
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4.0 RECOMMENDATIONS
...
4.1 In consideration of the comments noted above, approval of the removal of the "Holding
(H)" symbol as shown on the attached by-law and schedule (Attachment 2) is
recommended.
Attachments:
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Attachment 1- Key Map
Attachment 2 - By-law and Schedule for Removal of Holding (H)
Interested parties to be advised of Council's decision:
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2001544 Ontario Limited
1748 Baseline Road West
COURTICE, Ontario
L 1 E 2T1
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George Smith
226 Queen Street
PORT PERRY, Ontario
L9L 1 B9
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BlOOR STREET
ZBA 2002-019
Zoning By-law Amendment
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Owner's Name: 2001544 Ontario Limited
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MTACI-lElIT ,
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2002-
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being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
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WHEREAS the Council of the Corporation of the Municipality of Clarlngton deems It advtuble
to amend By-law 84-63. as amended. of the Corporation of the forme,.. Town of Newcastle to
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implementZBA 2oo1-026~
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NOW THEREFORE BE IT RESOL VEO THAT the Council of the Corporation of the
Municipality of Clarington enact as follows:
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1. Schedule "4. to By-l8w84-63, as amended, is hereby further amended by changing the
zone design8&lon from: .
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"Holding - Urban ResldentIaI ExceptIon (H(R1~1}). to "Urban ReskIentIat Exceptlon(R1~1}";
"Holding - Urban ReatdentIeI ExceptIon (H(R1~2W to "Urban R88IdentIa1 exception (R1~2)";
"Holding - Urban Residential Exception (H(R2-12W to "Urban Residential exception (R2-12)";
"Holding - Urban Residential exception (H(R2-13))" to "Urban Residential Exception (R2-13)";
"Holding - Urban Residential exception (H(R2-23)}" to "Urban Residential Exception (R2-23)";
"Holding - Urban Residential Type Three (H(R3}). to .Urban Residential Type Three (R3Y.
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2, That Schedule "A. attached hereto shall form part of the By-law,
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3. This By-law shall come Into effect In the date of passing hereof, subject to the provisions of
Sections 34 and 36 of the Planning Act.
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BY-lAW read a first time this
day of
2002
BY-LAW read a second time this
day of
2002
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BY-LAW read a third time aoo finally passed this
day of
2002
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John Mutton, Mayor
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Patti L. Barrie, Municipal Clerk
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69920
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This is Schedule "A" to By-law 2002-
passed this day of , 2002 A.D.
,
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BLOOR - - - -,.-
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~ Zoning change from "(H)R1-41" to "R1-41"
~ Zoning change from "(H)R1-42" to "R1-42"
~ Zoning change from "(H)R2-12" to "R2-12"
- Zoning change from "(H)R2-13" to "R2-13"
- Zoning change from "(H)R2-23" to "R2-23"
aHa Zoning chonge from "(H)R3" to "R3" J
Darlington
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John Mutton, Mayor
Patti L. Borrie. Municipal CI
~"".:"l'!
6 ',J~
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Cl~pn
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REPORT
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PLANNING SERVICES DEPARTMENT
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 17, 2002
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Report #: PSD-073-01
File: ZBA 2001-023
By-law #:
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Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: 1441660 ONTARIO INC.
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Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
-
1.
THAT Report PSD-073-02 be received;
2.
-
3.
THAT the request for removal of Part Lot Control with respect to Lots 1 to 8
inclusive, on Plan 40M-1994 be APPROVED and that the attached Part Lot
Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and
THAT all interested parties listed in this report, any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
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Submitted by:
DavId rome, M.C.I.P"R.P,P,
Director, Planning Services
/A~ C--Q~ A \
Reviewed by!--J ~ '""-
Franklin Wu
Chief Administrative Officer
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BR*L T*DJC*df
June 12, 2002
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905}623-0830
69922
REPORT NO.: PSD-Q73-Q2
PAGE 2
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1.0 APPLICATION
...
1,1 Applicant: 144166.') Ontario Inc. (Ronald O'Connor)
....
1.2 Location: Part Lot 30, Concession 3, former Township of Darlington
56 to 70 Richfield Square, Courtice (Attachment 1)
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2.0 BACKGROUND
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2.1 On June 12. 2002. Staff received a request from 1441660 Ontario Inc. (Ronald
O'Connor) for the removal of Part Lot Control with respect to Lots 1 to 8 inclusive
on Plan 40M-1994 (Attachment 2).
...
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2.2 Draft plan of Subdivision 18T-91005 received approval for fifty-three (53) ...
townhouse and thirty-eight (38) semi-detached dwelling units. Registration of 40M-
Plan 1994 was completed in March 2000. ...
Traditionally when an Owner, for registration purposes, has the 40M-Plan
prepared, street townhouse units are shown as a block rather than individual lots.
Following the construction of the footings, surveys are completed, a reference
plan is prepared illustrating the property lines and through the submission of an
application to the Municipality for exemption to Part Lot Control, the legal
description is finalized for registration purposes.
...
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2.3
In this particular instance, when the 40M-Plan was prepared, the Owner instructed
the surveyor to identify each townhouse unit on an individual lot rather than as a
component of an overall block. During the construction of the townhouse units it
was confirmed the units were improperly sited and overlapped the limits of their
individual lots.
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...
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2.4
In order to correct the di~crepancy in the legal description of each townhouse unit,
an exemption from part lot control was submitted to recognize the minor
adjustments to the property lines and provide for any maintenance easements
that may be required.
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69923
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REPORT NO.: PSO-o73-o2
PAGE 3
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3.0 STAFF COMMENTS
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3.1 Staff has no objection to the approval of a By-law exempting the subject lands
from Part Lot Control. Attached is a By-law (Attachment 3) to exempt the subject
lands from Section 50 (5) of the Planning Act.
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3.2 On October 1. 2001, the delegation of authority for Subdivision and Condominium
approval, from Durham Region to the Municipality of Clarington, came into effect.
The subdivision process includes the approval of Part Lot Control By-laws.
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Durham Region's role is now that of a commenting agency in this process. In
accordance with the procedures established in the delegation of these powers,
Planning staff will forward to the Regional Planning Department the "Unit Type
and Number Summary Table" (Attachment 4), along with a copy of the Part Lot
Control By-law,
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3,3 The Planning Act leaves it to the Municipality to determine an appropriate
timeframe during which the By-law shall apply. Staff recommends that the By-law
be in force for a one (1) year period following Council approval, ending June 24,
2003,
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4.0 RECOMMENOA liONS
-
4,1 It is recommended that Council approve this application and adopt the attached
Part Lot Control By-law for Lots 1 to 8 inclusive on Plan 40M-1994.
-
Attachment 1 - Key Map
Attachment 2 - Lots Affected by Part Lot Control Removal
Attachment 3 - By-law for Removal of Part Lot Control
Attachment 4 - Unit Type and Number Summary Table
-
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69924
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REPORT NO.: PSO..Q73..Q2
PAGE 4
...
Interested parties to be notified of Council and Committee's decision:
Mr, Ronald O'Connor
1419108 Ontario Inc,
2604 Trulls Road South
Courtice, Ontario
L 1 E 2N3
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Mr. Richard Woodley
Elliott & Hughes. Barristers & Solicitors
1 06 Stevenson Road South
Oshawa. Ontario
L 1 J 5M1
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69925
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.
ATTACHMEN-
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-
Courtlce Key M.p
-
GLENVI
ZBA 2002.022
Part Lot Control
Lots 1 to 8, Plan 40M-1994
....
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Owner: 1419108 Ontario Inc.
NESTMORE ST.
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ATTACH'-"":
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CJ'I zj 6, 1 ~ /
\D r-- 26,853 -.-,}'
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o Lots Affected by Part Lot Control
Lots 1 to 8, 40M-1994, ZBA 2002-022
69927
III
-
THE CORPORATION OF THE MUNICIPAUTY OF CLARlNGTON
BY-LAW NUMBER 2002-_
ATTACH ME
...
being a by-law to exempt a certain portion of Registered Plan 40M-1994 from
Part Lot Control
-
...
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control, Lots 1 to 8 inclusive, on Plan 40M-1994.
registered at the Land Title Division of Whitby;
lIP
-
NOW THEREFORE Be IT RESOLveD THAT the Council of the Corporation of the
Municipality of Clarington enacts as foliows:
-
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 Municipatlty
of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to
the following lands:
-
-
a)
Lots 1 to 8 inclusive, of 40M-1994;
3,
Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be
in force for a period of one (1) year ending on June 24, 2003,
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BY-LAW read a first time this
2411l
day of
June
2002
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BY-LAW read a second time this 2411l
day of
June
2002
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BY-LAW read a third time and finally passed this 2411l day of
June
2002
-
-
John Mutton, Mayor
-
Patti L. Barrie, Municipal Clerk
-
69928
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ATT ACHMI:T
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TABLE 4
PART LOT CONTROL EXEMPTION BY-LAW
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Unit Type and Number Summary Table
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Registered Plan #: 40M-1994
By-law #:
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Result of Part Lot Control
Exemption on Unit Type and Number
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Lots/Blocks Affected Unit Type and Number
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Lot 1 Townhouse -1 No increase in units
Lot 2 Townhouse - 1 No increase in units ...
Lot 3 Townhouse - 1 No increase in units
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Lot 4 Townhouse - 1 No increase in units
Lot 5 Townhouse - 1 No increase in units ..
Lot 6 Townhouse - 1 No increase in units
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Lot 7 Townhouse - 1 No increase in units
Lot 8 Townhouse - 1 No increase in units ...
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IIlIII
69929
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6.
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q!![.-!llglOn
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
MONDAY. JUNE 17,2002
Resolution #:
Report #: EGD-32-02
File #: G.55.05
3y-law #:
Subject:
CLARINGTON TRANSIT, BOWMANVILLE BUS LOOP UPDATE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report EGD-32-02 be received;
THAT the Purchasing By-law 94-129 be waived and approval granted to lease a
transit bus to provide additional capacity to the transit service in the Bowmanville
urban area;
THAT a by-law be passed to authorize the Mayor and Clerk to execute an
agreement on behalf of the Municipality of Clarington with S-N Diesel for the
purpose of leasing a transit bus;
THAT a by-law be passed to approve the transit fare structure to commence on
September 3, 2002 as detailed in this report;
THAT the costs for the lease of the transit bus and its operations be financed
from the redirected GO Transit capital allocation from the Region of Durham; and
THAT the by-laws attached to Report EGD-32-02 be approved.
Submitted by: ~t2
,S, Cannella, C.E.T.
Director of Engineering Services
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~ , ( , r /'
Reviewed by:'_.) 'J c>'--"-~ ..C \. - C--Lc
Franklin Wu
Chief Administrative Officer
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RDB*ASC*ce
701
REPORT NO.: EGD-32-02
PAGE 2
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1.0 BACKGROUND
1.1 Clarington Transit Service - Bowmanville Loop
Report EGD-12-02, as approved by Council on March 4,2002, endorsed the
creation of a transit service in Bowmanville, The service as approved entailed
the purchase of two transit buses to be operated by Oshawa Transit. The
implementation of the transit service is progressing on schedule and a number of
Jdditionai items must be approved by Councli to ensure continued success.
IIIi
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2.0 COMMENTS
2.1 High School Ridership Levels
Joel Sloggett, Manager of Transportation Planning with the Peterborough Victoria
Northumberland and Clarington Catholic District School Board, and Roy
Wierenga, Manager of Transportation with the Kawartha Pine Ridge District
School Board, advised Staff that the ridership levels of students will be higher
than expected.
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The Public School Board has recently reviewed the needs of students in the
Aspen Springs area west of Regional Road 57 and proposes to discontinue
bussing for approximately 200 high school students. Those students are within
the walking distance of 3,2 km of Bowmanville High School but were granted
bussing privileges as there was ongoing construction and an insufficient sidewalk
network between the residential area and the school. There was an asphalt
sidewalk constructed approximately 4 years ago on the west side of Regional
Road 57 which connects Martin Road up to Durham Highway 2 and is maintained
by the Municipality of Clarington, Other construction in the Aspen Springs area is
nearing completion and sidewalk connections are in place. As these students do
not qualify for bussing, the School Board will not be purchasing transit passes for
them but many students may elect to purchase transit passes on their own.
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702
.J
IlIlI
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REPORT NO.: EGD-32-02
PAGE 3
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Separate School Board:
The Separate School Board had originally discussed purchasing passes for 92
students from the Aspen Springs area but have now indicted a willingness to
purchase an additional 65 for students in the south east section of Bowmanville.
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2.2 Transit System Capacity - Leasing Requirements
Based on the new numbers provided by the school boards and in discussions
wIth Oshawa TranSIt. it became apparent that a third transit bus would be
required during the peak school penods. Until demands uoon the system are
known with actual ridership levels. It was determined that the leasing of a transit
bus should be acted upon to ensure that demands could be met for the
September 2002 target date. The acquisition of a suitable leased vehicle within
the limited time frame is demanding but can be achieved if Council authorizes the
entering into an agreement and if the Director of Engineering is authorized to
negotiate an agreement.
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2.3 Revised Bowmanville Bus Loop Proposal
The Operating Budget Estimates and the Revenues as presented in the
Bowmanville Bus Loop Proposal (Report EGD-12-02) have been updated to
reflect the implementation of a third bus to the transit system (Attachment #3).
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2.4 Fare Structure
The fare structure in Whitby and Oshawa is generally agreed upon by both
Councils in advance of any fare adjustments to ensure consistency between the
two systems. The fares in Clarington should be consistent with the two
neighbouring jurisdictions, which will also assist with marketing the system as
more uniform and seamless. The free transfer privilege between the Clarington
and Oshawa system also requires that the same fare structure to be used to avoid
abuse of the system, The monthly rate charged to the school boards for restricted
monthly passes should also be consistent with the agreements in Oshawa at the
rate of $38.50 per month, These rates are not expected to be increased in the
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703
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REPORT NO.: EGD-32-02
PAGE 4
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foreseeable future, It is proposed that as a marketing strategy, the fares come
into effect September 3, 2002 and that the initial start up period from August 1 9 to
August 31 be provided free of charge to encourage trial trips by residents,
..
..
Senior
Fare Structures
Effective September 1, 2002
Exact Cash Fare Monthly Pass
$2.00 $70.00
$1.75 562.00
$1,25~42.00
$1.25 $42.00
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Rider classification
Adult
Student
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Child
1 a-ride Card
$1 g, 00
$16.75
$11,85
$11.85
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Definitions
Adult - Any adult without a valid student card
Student - Anyone with a valid student card (adult must be full time student)
Senior - Any adult 65 and older with identification
Child - Walking status up to high school
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Clarington Staff are working with GO Transit in an attempt to negotiate a GO
Connection fare for passengers requiring transfers from the Clarington Transit
Service to the GO Service.
...
IIlIII
2.5 Clarington Transit Logo
A Clarington Transit logo is being developed by Corporate Services to assist in
the marketing of the new service. This distinctive logo will be used on the actual
buses for recognition purposes as well as printed materials such as tickets,
transfers, schedules and other promotional literature. The transit buses will also
have the Corporate logo "Clarington Leading The Way" applied. This will be
presented for your approval when it has been finalized.
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704
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REPORT NO.: EGD-32.Q2
PAGE 5
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2.6 Agreement with Oshawa Transit
The Town Solicitor and Staff have been working with Oshawa Transit to review,
refine and finalize the legal agreement for the operation of the Clarington Transit
Service to ensure that responsibilities and liability issues are addressed.
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::.0 CONCLUSION
~.1 -:le revlsea figures Trom the scnoal boards SUDPOrt the aadition of a third transit
,Jus to the fleet to meet the peak demand. This transit bus, reqUired by
.:.eDtemDer j, 2002. should be obtaIned through a lease agreement until the
,jervlce ana actual demands can be evaluated. As implementation of the transit
service will occur during the summer, Council will be kept informed by memo on
the progress of the service.
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Attachments:
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Attachment #1 - Proposed By-law to Enter Into an Agreement with SoN Diesel to lease
a transit bus
Attachment #2 - Proposed By-law to establish fares for the Clarington Transit Service
Attachment #3 - Clarington Transit, Revised Bowmanville Bus Loop Proposal, Table "B"
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Interested parties to be advised of Council's decision:
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Peterborough Victoria Northumberland and
Clarington Catholic District School Board
Joel Sloggett, Mgr. of Transportation and Planning
1355 Lansdowne Street West
Peterborough, ON
K9J 7M3
Oshawa Transit Commission
Bob Goody, General Manager
710 Raleigh Avenue
Oshawa, ON
L 1 H 3T2
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Kawartha Pine Ridge District School Board
Roy Wierenga, Manager of Transportation
1994 Fisher Drive, P,O, Box 719
Peterborough, ON
K9J 7 A 1
GO Transit
Ken Armstrong, Planning Officer
20 Bay Street, Suite 600
Toronto, ON
M5J 'LW3
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-9282
705
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ATTACHMENT NO.: 1
REPORT NO.: EGD-32-02
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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BY-LAW 2002-
Being a by-law to authorize the execution of an
agreement with SoN Diesel for the lease of one transit
bus to be used within the Municipality of Clarington.
...
~JOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON HEREBY ENACTS AS FOLLOWS:
..
THAT the Mayor and Clerk are hereby authorized to execute. on behalf of The
Corporation of the MUniCIpality of Clanngton and seal With the Corporate Seal. an
agreement between SoN Diesel and The Corporation of the Municipality of Clarington,
an agreement to the satisfaction of the Director of Englneenng ServIces.
...
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BY-LAW read a first and second time this 24111 day of June, 2002,
BY-LAW read a third time and finally passed this 24111 day of June, 2002.
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John Mutton, Mayor
...
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Patti L. Barrie, Municipal Cieri(
11III
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liIIiI
liIIiI
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706
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ATTACHMENT NO.: 2
REPORT NO.: EGD-32-o2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY.LAW 2002-
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Being a by-law to establish rates and fares to be
charged by the operator(s) of the Clarington Transit
Service within the Municipality of Clarington.
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NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON HEREBY ENACTS AS FOllOWS:
-
~HAT the fare schedule. Schedule "A" attached hereto and fanning part of
this bv-Iaw shall apply to the fares to be cnarged for the Clarington Transit
ServIce.
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THAT this by-law shall take effect September 1, 2002.
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BY-LAW read a first and second time this 24'" day of June. 2002,
BY-LAW read a third time and finally passed this 24'" day of June. 2002.
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John Mutton, Mayor
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Patti l. Bania, Municipal Clerk
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707
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SCHEDULE "AU
TO BY-LAW 2002-_
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Senior
Fare Structures
Clarington Transit
Exact Cash Fare Monthly Pass
$2.00 $70,00
$1.75 $62.00
$1.25 $42.00
$1.25 $42.00
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Rider classification
Adult
Student
Child
10-ride Card
$19,00
$16,75
$11.85
$11.85
...
...
Definitions
Adult - Any adult without a valid student card
Student - Anyone with a valid student card (adult must be full time student)
Senior - Any adult 65 and older with identification
Child - Walking status up to high school
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III
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III
708
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ATTACHMENT NO.: 3
REPORT NO.: EGD-32-o2
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Clarington Transit
Revised Bowmanville Bus Loop Proposal
Table "B"
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Operating Budget Estimate
Description Costs
Pavroll Salaries & Waaes ! :55,000
Office SUDDlies I $300
Advertisina & Promotions ! $8.000
Printina $2,000
Membershios & Subscriotions I $1 ,200
Trainina & Courses I ~ 1,500
Uabilitv Insurance I S 15,000
TOTAL ADMINISTRATION $33,000
Service Contract : Ooeratlona and Administration $374500
Service Contract : E Rental $20.000
Service Contract : Buelease (School So8Claif $24,000
Service Contract: Maintenance $248,600
TOTALSE~CECONTRACT $887,100
FLEET REPLACEMENT COSTS $70,000
CONTINGENCIES $20,000
TOTAL TRANSIT OPERATING EXPENDITURES $790.100
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Revenues
DescrtDtlon Revenues
FareslTlckets $168,530
School Boards $68.500
Advertisina $18.000
TOTAL REVENUES $255,030
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Summary
Description Costs/Revenues
TOTAL REVENUES $255.030
TOTAL TRANSIT OPERATING EXPENDITURES $790.100
NET COSTS ($535,070)
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709
11III
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Cl!!!i!Jgton
REPORT
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ENGINEERING SERVICES DEPARTMENT
..
Meeting:
.... Date:
Report #:
..
Subject:
-
GENERAL PURPOSE AND ADMINISTRA lION COMMITTEE
MONDAY, JUNE 17,2002
Resolution #:
EGD-33-02
File #: 8,02.10.001 By-law #:
SCHICKEDANZ NORTH SUBDIVISION, PHASE 1, BOWMANVILLE,
PLAN 10M-829, 'CERTIFICATE OF ACCEPTANCE', STORMWATER
DETENTION FACILITY AND APPURTENANCES
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Recommendations:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
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1.
THAT Report EGD-33-02 be received; and
2.
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Stormwater Detention Facility and Appurtenances
constructed within Plan 10M-829.
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Submitted bY:~
A.S. Cannella, C.E.T.
Director of Engineering Services
Reviewed bQ ~ -.:.. ./.;Ju.,
Franklin Wu
Chief Administrative Officer
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AHC*ASC*ce
06/07/2002
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710
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REPORT NO.: EGD-33-02
PAGE 2
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1.0
1.1
BACKGROUND
The former Corporation of the Town of Newcastle, now the Corporation of the
Municipality of Clarington, entered into a Subdivision Agreement, registered July
24, 1989, with Schickedanz Brothers Limited to develop lands by plan of
subdivision, located in Bowmanville and described as Plan 10M-829 (Attachment
1). The agreement required the developer to construct all roadworks, including
hot-mix paving, sidewalks. curb and gutter, street trees, a storm drainage system
and streetlights, hereinafter referred to as the 'Works'.
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111III
1.2 The Subdivision Agreement provides for the separation of the Works into three
(3) stages:
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a) Storm Sewer System;
b) Stormwater Detention Facility and Appurtenances; and
c) Roads and Above Ground Services
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1.3 The Storm Sewer System and Roads and Above Ground Services were issued
'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the
Director of Engineering Services, as per the maintenance requirements set out in
the Subdivision Agreement.
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1.4 The Stormwater Detention Facility and Appurtenances were issued a 'Certificate
of Completion dated July 18,1996. This initiated a four (4) year maintenance
period, which expired on July 18, 2000. During the maintenance period, some
berm erosion occurred. To ensure long-term berm stability was achieved, the
erosion problem was assessed by Totten Sims Hubicki, on behalf of the
Municipality. Design improvements were recommended and subsequently
completed, all to the satisfaction of Totten Sims Hubicki and Engineering
Services Staff. In addition, all other related Works were inspected and have
been found to be rectified to the satisfaction of the Director of Engineering
Services.
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REPORT NO.: EGD-33~2
PAGE 3
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1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Stormwater
Detention Facility and Appurtenances. The Subdivision Agreement requires
Council approval prior to the issuance of the 'Certificate of Acceptance' for the
Stormwater Detention Facility and Appurtenances.
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-\ ttachments:
.~ttachment 1 - Key Map
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 623-3379 F (905) 623-9282
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Engineering Services
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SCHICKEDANZ SUBDIVISION.
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ATTACHMENT NO, 1
REPORT EGD-33-02
713
JUNE 2002
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REPORT
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ENGINEERING SERVICES DEPARTMENT
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Date:
MONDAY, JUNE 17, 2002
Resolution ~
Report #: E G 0-34-02
File #: 8.01.08,002 By-law #:
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Subject:
RIVER VALLEY ESTATES SUBDIVISION, PHASE 4, BOWMANVILLE,
PLAN 4OM-1691, 'CERTIFICATE OF ACCEPTANCE' AND
'ASSUMPTION BY-LAW', ROADS AND ABOVE GROUND SERVICES
INCLUDING ROADS AND OTHER RELATED WORKS
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Recommendations:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-34-02 be received;
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2.
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Roads and Above Ground Services, which include roads and
other related Works constructed. within Plan 40M-1691; and
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3.
THAT Council approve the by-laws attached to Report EGD-34-02, assuming
certain streets within Plan 40M-1691, and within adjacent Plan 10M-79B, as
public highway.
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Submitted by: ~
A.S. Cannella, C.E.T.
Director of Engineering Services
Reviewed bY;;:) ~ -.::... ~~,
Franklin Wu
Chief Administrative Officer
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AHC. ASC.ce
06/07/2002
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714
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REPORT NO.: EGD-34-o2
PAGE 2
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1.0
1.1
BACKGROUND
The former Corporation of the Town of Newcastle, now the Corporation of the
Municipality of Clarington, entered into a Subdivision Agreement, registered
November 22, 1991, with Ve!'~i and Sons Corporation to develop lanes by plan of
subdivision, located in Bowmanville and described as Plan 40M-1691
(Attachment 1), The agreement required the developer to construct all
roadworks, including hot-mix paving, sidewalks. curb and gutter. street trees, a
storm drainage system and streetlights, hereinafter referred to as the 'Works'.
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1.2 The Subdivision Agreement provides for the separation of the Works into two (2)
stages:
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a) Storm Sewer System; and
b) Roads and Above Ground Services.
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1.3 The Storm Sewer System was issued a 'Certificate of Completion' and
subsequent 'Certificate of Acceptance' by the Director of Engineering Services,
as per the maintenance requirements set out in the Subdivision Agreement.
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1.4 The Roads and Above Ground Services were issued a 'Certificate of Completion'
dated September 29, 1998. This initiated a two (2) year maintenance period,
which expired on September 29, 2000. An inspection was carried out, however,
delays occurred in completing the rectifications. The Works have now been re-
inspected and all deficiencies have been rectified to the satisfaction of the
Director of Engineering Services.
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1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Roads and
Above Ground Services. The Subdivision Agreement requires Council approval
prior to the issuance of the 'Certificate of Acceptance' for the Roads and Above
Ground Services.
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REPORT NO.: EGD.34-Q2
PAGE 3
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1.6 Further to the issuance of a 'Certificate of Acceptance'. by-laws are required to
permit the Municipality to assume certain streets within Plan 40M-1691, and
within adjacent Plan 10M-79B, as public highways (Attachments 2 and 3).
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-\ttachments:
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.-\ttachment 1 - Key Mac
Attacnment 2 - Proposed Bv-Iaw
Attacnment 3 - Proposed By-law
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-9282
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RlVER-V/f[LEY SUBDIVIS,ON
PLAN 40M-1691, PHASE 4
ATTACHMENT NO_ .
Concession Street East
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REPORT EGD-34-02
AITACHMENT NO, 1
MAY 2002
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ATTACHMENT NO.: 2
REPORT NO.: EGD-34-o2
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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BY-LAW 2002-
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Being a By-law to establish certain lands as public highways
and to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington,
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~mw THEREFORE the Council of the Corporation of the Municioality of Clarington hereby
enacts as follows:
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-HAT the streets and blocks shown on Plan 40M-1691. and listed below in this
"ection, oeing In the MuniCloality of Clarington. In the Regional Municipality of
Jurham, are hereoy accepted by the Corooratlon at the MuniCipality of Clarington
as PUblic highways, and assumed by the said CorporatIon for public use:
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McFeeters Crescent
Dyke Place (now Bluehaven Court)
Block 19
Block 20
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BY-LAW read a first and second time this 24th day of June 2002.
BY-LAW read a third time and finally passed this 24th day of June 2002,
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John Mutton, Mayor
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Patti L. Barrie, Municipal Clerk
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718
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ATTACHMENT NO.: 3 ...
REPORT NO.: EGD-34-o2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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BY-LAW 2002-
Being a By-law to establish certain lands as public highways in
the Municipality of Clanngton.
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NOW THEREFORE the Council of the Corporation of the Municipality of Clanngton hereby
enacts as follows:
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1.
THAT the block shown on Plan 10M-798. ana listed below in this section. being
in the MuniCipality of Clanngton. In the Regional Municipality of Durham, is
hereby accepted by the Corporation of the Municipality of Clarington as public
highway, and assumed by the said Corporation for pUblic use:
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Block 65
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BY~W read a first and second time this 24lh day of June 2002,
BY~W read a third time and finally passed this 2411I day of June 2002.
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John Mutton. Mayor
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Patti L. Barrie, Municipal ClerK
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REPORT
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ENGINEERING SERVICES DEPARTMENT
- Meeting:
Date:
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~eport #:
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Subject:
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GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MONDAY. JUNE 17, 2002
Resojution #:
::GD-35-02
File #: 8.02.09.003 By-law #:
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WILLOWBROOK SUBDIVISION, INCLUDING BRADSHAW STREET
WORKS, BOWMANVILLE, PLAN 40M-1676, 'CERTIFICATE OF
ACCEPTANCE' AND 'ASSUMPTION BY-LAW', ROADS AND ABOVE
GROUND SERVICES INCLUDING ROADS AND OTHER RELATED
WORKS
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Recommendations:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
lip
1. THAT Report EGD-35-02 be received;
2.
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Roads and Above Ground Services, which include roads and
other related Works, constructed within Plan 40M-1676 and Bradshaw Street;
and
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3,
THAT Council approve the by-law attached to Report EGD-35-02, assuming
certain streets within Plan 40M-1676 as public highways,
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Submitted by:
A. . Cannella, C.E. T.
Director of Engineering Services
. '-1 ~ .J'f' 0,
Reviewed b~ lL ~ .~ I_C
Franklin Wu
Chief Administrative Officer
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.
AHC*ASC*ce
1 0/06/02
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720
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REPORT NO.: EGD-35-Q2
PAGE 2
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1.0
1.1
BACKGROUND
The former Corporation of the Town of Newcastle, now the Corporation of the
Municipality of Clarington, entered into a Subdivision Agreement, registered
October 24, 1991, with Ashdale Capital Corporation Ltd. to develop lands by plan
of subdivision, located in Bowmanville and described as Plan 40M-1676 (internal
subdivision works) and external works comprised of the reconstruction of the
south portion of Bradshaw Street. (Attachment 1), The agreement required the
developer to construct all roadworks, including hot-mix paving, sidewalks, curb
and gutter, street trees, a storm drainage system and streetlights. hereinafter
referred to as the 'Works'. After the initial servicing of the site. the devefoper
defaulted in the performance of his obligations under the Subdivision Agreement.
In accordance with the recommendations contained in Report WD-37-95, the
Municipality then entered into a subsequent agreement with the developer's
surety, Royal Bank of Canada. The subsequent agreement required Royal Bank
to complete all outstanding works, in accordance with the Subdivision
Agreement.
...
...
till
..,
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"'"
till
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1.2 The Subdivision Agreement provides for the separation of the Works into two (2)
stages:
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a) Storm Sewer System; and
b) Roads and Above Ground Services
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1.3 The Storm Sewer System for both the internal subdivision and the external
portion of Bradshaw Street works, was issued a 'Certificate of Completion' and
subsequent 'Certificate of Acceptance' by the Director of Engineering Services,
as per the maintenance requirements set out in the Subdivision Agreement.
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1.4 The Roads and Above Ground Services for the internal subdivision were issued
a 'Certificate of Completion' dated September 29, 1998. This initiated a two (2) .-
year maintenance period, which expired on September 29,2000. The Works
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721
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REPORT NO.: EGD-35.Q2
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PAGE 3
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have been re-inspected and all deficiencies have now been rectified to the
satisfaction of the Director of Engineering Services,
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1.5 The Roads and Above Ground Services for the external portion of Bradshaw
Street were issued a 'Certificate of Comoletion' dated Januarv 5.2000. This
-,mateo a two (2) Year maIntenance oenoo. wnlch eXOlrea on .January 5,2002.
-'~e Works nave oeen re-lnsoected ana all deficiencies nave now oeen rectlfiea
-") the satlstaction or the Director or Enolneenno ~ervlces.
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.5
: is now aopropnate to Issue aCertlticate or Acceotance Tor the Roads and
Above Ground Services for both the internal subdivision and the external portion
of Bradshaw Street. The Subdivision Agreement requires Council approval prior
to the issuance of the 'Certificate of Acceptance' for the Roads and Above
Ground Services.
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1.7 Further to the issuance of a 'Certificate of Acceptance', a by-law is required to
permit the Municipality to assume certain streets within Plan 40M-1676, as public
highway (Attachment 2).
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Attachments:
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Attachment 1 - Key Map
Attachment 2 - Proposed Road Dedication By-law
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-9282
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ATTACHMENT NO. .
WILLOWBROOK SUBDIVISION
PLAN 40M;"1676
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Apple Blossom Drive
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BOWMANVILLE
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Engineering Services
REPORT EGD-35-02
~--,
ATTACHMENT NO, 1
MAY 2002
723
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ATTACHMENT NO.: 2
REPORT NO.: EGD-3S-02
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2002-
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Being a By-law to establish certain lands as public highways
and to assume certain streets within the Municipality of
Clarington as public highways in the Munlcipalitv of Clanngton,
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NOW THEREFORE the Council of the Corporation or the Municipaiity of Clarington hereby
enacts as follows:
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~HAT the streets and blocks shown on Plan 40M-1676 and listed below. all being
n the Municipality of Clarington. In the Regional MUnicIPality of Durham, are
~ereby accepted by the Corporation or the MuniCipality of Clarington as public
highways, and assumed by the said Corporation for public use:
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Edgerton Drive
Flaxman Avenue
Chance Court
Kershaw Street
Blocks 101, 102 and 103
Blocks 109. 110 and 111
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BY-LAW read a first and second time this 24111 day of June 2002,
BY-LAW read a third time and finally passed this 24111 day of June 2002.
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John Mutton, Mayor
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Patti L. Barrie. Municipal Clerk
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724
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REPORT
OPERATIONS DEPARTMENT
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COM,.. . t:E
Date:
June 17, 2002
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Report ,: OPD.o11.o2
File ,:
By-Law':
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Subject:
Courtlce Memorial Park
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Recommendations: It is respectfully recommended that the General Purpose and
Administration Committee recommend to the following:
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1. THAT Report OPD-011-02 be received;
2. THAT the funds for the Municipality's contribution for 2002 of approximately
$900.00 be derived from account 7007-0??oo-0252, Unclassified Administration
Taxes Written Off.
3. THAT both Church Organizations be advised of Council's decision.
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SUbmmedby:~ Reviewed4~-=~
Fred 'ck J, Horvath, B.A" RD.M.R, RRF,A. Franklin Wu, M.C.I.P.
Director of Operations Chief Administrative Officer
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REPORT NO.: OPD-011-02
PAGE 2
1.0 BACKGROUND
In 1950 the family of Kenneth Eugene and Gerda Courtice transfer the deed
to a parcel of land, Attachment One, in the Township of Darlington to the
Ebenezer Congregation of the United Church of Canada and the Courtice
Congregation of the United Church of Canada. The deed appointed the said
trustees to actually operate, control, regulate'and govern activities, which may
be earned on the said grounds.
In 1956 the Municipal Council of the Corporation of the Town of Newcastle
entered into an agreement, Attachment Two, with the Trustees of the two
congregations that the playing fields located on the above mentioned parcel,
located on Courtice Road South and known as the "South Courtlce Park"
shall be made available for the recreational use provided that all terms and
conditions have been met. The Municipality agreed at their expense to
i
undertake a maintenance program and make all necessary improvements in
order that it could be offered as a safe playing surfaces for recreational
purpose.
This agreement has been in effect since 1986 and the Municipality continues
to enjoy the use of the park for soccer and softball.
The authorized agents of the two churches have approached staff this year
with regards to the property now being assessed property taxes as a result in
the changes made by the Province. The churches will be facing a tax bill in
the amount of $1800.00 in 2002 for this property. The churches do not utilize
the property for any of their programming and was requesting consideration
for the Municipality in offsetting the costs, since the Municipality is the only
user. The property tax issue has caused the Municipality some r.oncem in
trying to deal with the legislative changes and not to impact our end user's as
each case has different circumstances. It is recommended that the
Municipality contribute 50% of the 2002 property taxes for the use of the fields
for this season. The Municipality will recover a portion of this from users fees
802
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REPORT NO.: OPD-011-o2
PAGE 3
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based on previous years. The Treasurer has reviewed the issue with staff
and if council agrees to support staff's recommendation the funding could be
taken from 7007-00000-0252, Unclassified Administration Taxes Written Off.
Further discussion with the Church Trustees and the Municipality is required
to resolve this beyond 2002_
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Attachments:
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AttachrT1fd1t 1 - Originat Deed
Attachment 2 - Maintenance Agreement, Municipality of CJarington
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPeRANCE STREET, ~ILLE, ONTARIO L 1C 3M T (906) 2e3-22Q2 F (906) 283 ~~33
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REPORT NO.: OPD-011"()2
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made (in duplicate) the
eighth
day 01
September,
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ODe thoutand nine hundred and rift)".
)n tlanulnrr of lbr ."ort .:torms af ~an.,anrn ~ht,
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j;~:lr:!i :UC::NZ COl'R'l'ICE, or the Tcwnah1p
u( ~rllr~ton, in the ~oun~y or ~urhnm,
"'lJrr.:~r, hflreinatt.er c:llled tto G!i....;;':CR
or the FIRST' p~
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-uul1- a::.~J,:,. Cot:~T1Cl::1 w1h ot the ac14 CrlUltor, '
.' ... ot the .ntl1iD..P.d!P
ttnt.."., thntincontideratJonol other valuable cona1iI'ifitI'01i"TDS
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the IUD or Clle..., 0 . . ... o. "0 DoIIa.a oIlawfuJ mcmey of Cauda, now""
by the aiel Gl'Ifttee s to the Illid Gl'Ifttar , the meipt whenolll berebr
br h1. acbowltdaM. he the aid Grantor a. t.r. unto
the aid Grutee. in fee aimpIe.
allin' .intlllr th a t ~rtain parcel or tract of Iud aDd PftIDiIII
situate, l)'ina IDd beinI in the Township ot Darl1l1cton, in the CoWl\,
ot Durh.., 3n4 beln" co~ro"4 of pert or t.he eouth quarter ot Lot
::u:lber Tw...,tY-o.1€ht In the Second ConeeUlon or the ea14 Town8blp,'
~ore ~QrtlcullJrlr described as tollows:
~01.:.:!::C:;::: at a poi::t 1:1 the Wuterly l1mi t ot sll1d lot nUJ:1ber
'=\1cmt:/-e1cht, wher" the said point 11 intersected by t.he nortb.rl,
11:::1 t. or the South-r;u:.Irter or said Lot NW!1l;er Twenty-eigbt;
-:-:::::t;c.:: ;;,~;.;':~RI.Y ololle the nor therll 11llli t. ot t he south quarter ot
said loot I,w:.ber TW~nty-oll::ht, In II 8traiCht line pa:allel to the
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~o l)a\Jr anb to botb unto the said Grantee a the ir heirs and alSiIna to
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6ubjrct nr\Jrn'rtrsl to ttMl reservations. limitations. provia and c:unditiont
upre$l:-#C in the original anmt thereof from the Crown.
",":0 ':!~.T:~':' to the rurt -~r restriction that 60~ ot the memberll of'
~n~' :cr..::1ttee appointed y the Cranteel to ectuall1 o~erete.
control, reEullte und tovern activitiea which maJ be ~errled OD
on the ~Dld lsnds, shell eon.iat ot macbera 1n Cood atendiD8 ot
'~l.t;:llr the rbelaer COZl[roeetiOIl ot the United Church ot Cellllda
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ltbt $:lid Grantor (.\lrn.... with the l13id Grant!.'\: l!l Cbat he ha a
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;anllthat lbuaid Grantf\! l!l ahall ha~ quiet poIIII(lIianol the mid lands. free Iraat'.
nUincumbranceL
a.. the aid Grutclf C....... with the aid Grant!.'C I that he wiD
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la' the saki Grant<< C,...nta with the ..kt Gmftttc I that he ha.
dont 1\0 ltC\ to incumber the aicllaNll.
an" the said Grantor lbltllto to the Il\icl GrantCl! I Il.. h1a
clNmI upon the lIlid lIndI.
ANi) t.he ..14 Gerda Cout.1oe. w1h ot the 8814 orent-or. heullJ
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.::4-2001 nw 08:00 An RIVEn IIIITBY
FAX tI). 906' J
A1TACI~ NO.: 2
REPORT NO.: OPo.o)1';
^9re~m~nt made in triplicata thts
day of
1986
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COURTIcr UNITED CHURCH ^ND EBENlZER UNITED CHURCH
-- - --
hera1naft.".. called "the Church.
OF THE FIRST PART
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'liE CORPlMJIO...,OF Tlle~ row.OF N~~ horei nafter
:a 11 the "Town of Newcu'~
OF THE'SDCDIU PART
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.t,:",l<lr.n\.S of the CourticQ aru of tha 10_ of NQ~.st.l.. t"'-~es hereLo
"'Ish \.0 c,onttr into the followin, a~n~:
110. wUnosseth t"'t in COftltderattOft of the ,..-1..s lAd o\he, IOod Ind
Yllu.bl. constderatton. the "rttll hereto ItrtO IS follows:
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I. THf. t:IIUItCH A9rees that tl\e pl11tnO rtoldl loclted on Covt,tc. Io,d South
and k'"*n II the"Soutn Courttce 'Irk" lhin bt ..de "an.1e for ""He
rOcrO.L10nll use, ~rovtde4 onlYI
(., Lilt t tho I.nds ''''11 no\ be "... Oft SUndq, ....
(b) that. loc.l tee.1 ....n bo Oh,,, pr""'t"tt&l COIt,tcler'tion
in tho book1", of tho llnds for tea lport,"
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a 1\ IIlceUII'1 1l1Prt'-.ntl Lo the "Sou'" Countca Park. ceatSteR\ wt &II the j
l'rtviS1on or lat. p1'1.n, surflen for rtcraattOftll ,...,...,
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J . T lit IOWN ....... to IU" 11 111 of the .qu1.nt noelS"" to ,,",n tllo II i d ji
'."dl to be usad ror recr.aUOMI aport' Iett'1t101 prow,," .n11 that. the .
C!qutPMnt ....11 ret111" the prtperty of tho Town.
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arts'''o ou\ or tho UII of tM 1."cll I'e""",d to IS tho ....'" Courtfc. P..'k"
when such cll.. Is !'tlat." to thl us. of the llndl 'or 1ft lC~httJ orglntztdJ:
Ind ,uLhor1100 by th~ Tow".
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~, 'rho 'Irtits hereto ',reo that III booitn,s 'or the u.. of tile PIn Ind park i'
'Ietlit1os shin be COfttrollad bl tho Town. ..
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.ztY-24-2001 nru 08:01 An RIVETr ~ITBY
FAX I<<). 905 888 4433
P. 03
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o. rhe Parties hereto agree that this agreellll!nt shall rtnll1n in force for a
~4frlocl of thrr.o (3) Yllrs from the dUe of execution InO f"OII year to yea"
therC!lftlJr. but may be tor1ll1nated by eHho" party on six (6) IIOnths notice
to the otllol' party to thi 5 agreesnClnt.
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. K [~ AGREEMEn- IS lXECUTED ON BEHAlF OF' TflE COURrICE-UNJTrD1CIMICII AND EBENEZER
,',l'llJ CHURC" by the1 r "utno,,; zed ag~nts. this day of 1986
II.
~uss OEtO[. COUUlCE-UlJTED CIlURCH
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Qto. rr_u ... QtJE1ll '.uno CIIIRtH
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: III S AGREEMENT IS r.xtCUTEO ON BEHAlF OF THE CotPORATlON OF THE TOWN OF NE'tAS TLE
under tile seal of tho Muntcipal Corporatton and the hands 0' its O"lc.r. dUly
'lualIf1ed, thh day of 1986
MAYOR
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REPORT
OPERATIONS DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 17, 2002
Report #: OPO-G12 -02
File #:
By-Law #:
Subject:
Pesticide Use
Recommendations: It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1.
2.
THAT Report OPD-012 -02 be received for information; and
THAT Mrs. Eyre, Mr. & Mrs. Olenick, My Home - Our Environment and the
Integrated Pest Management Council of Ontario be advised of Council's
decision; and
THAT a Volunteer Pesticide Use Committee be established to work in
partnership with the Municipality; and
THAT a copy of this Report be forwarded to MP Alex Shepherd and MPP
John O'Toole; and
THAT the Municipality investigates the implementation of an Integrated Pest
Management Program.
3.
4.
5.
Submitted by:
Fr
Direc
ReViewedbY:O ~~~
, Horvath, S.A., R,D,M,R. RRF.A. Franklin Wu, M,C.I,P.
r of Operations Chief Administrative Officer
812
REPORT NO.: OPO-012 -02
PAGE 2
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1.0 BACKGROUND
The issue of pesticide legislation is increasingly becoming a hot topic among
residents over the perception of the effects of 2-40 and other pesticides
within public parks, roadsides and by homeowners. Environmental advocates
have called for the complete ban on the use of pesticides. Most
Municipalities have not agreed with this position to date but are challenged to
,eVlew. revise and respond to new ways of pest control.
The Supreme Court of Canada's recent Hudson decision on the Rights of
Municipalities to control pesticide use has focused the attention on urban
lawn and garden pest management. Residents are becoming Increasingly
vocal about their concerns on human health and we should expect this to
intensify over the coming years.
2.0 PESTICIDE
Pesticide is any natural or synthetic substance that can be used to control or
kill pests of any sort including insects, fungi, rodents and weeds. The benefits
of using pesticides lies on their ability to manage a pest that could become
out of control and could threaten the quality of life we enjoy.
Canada has one of the strongest regulatory systems in the world when
dealing with pesticides. Pest control prOducts are subject to over 120 tests to
evaluate their impact. Products are also subject to the Pesticides Act of
Ontario, which controls the sale, use, transportation and disposal of pest
control products as well as training and licensing of operators.
2.1 Concerns on Total Ban of Pesticides
The area that could cause us concern is the decline of our sports field due to
a restricted or a minimal use policy on pesticide. As with most Municipalities,
if a total ban were in place we would have little understanding on how to
manage insect and weed pest problems.
Staff believes there has to be initiatives in place to increase the confidence of
the public and all stakeholders on pesticide reduction. Furthermore, that
813
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REPORT NO.: OPD-012 -02
PAGE 3
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application and standards are in place to minimize crises and unnecessary
controversies.
A legal framework is already in place, which regulates the manufacture, sale
and use of pesticides. It may be difficult to tell residents what they can or
cannot do with a product that is deemed legal and safe by both the Federal
3nd Provincial Government. The Federal Government recently dectined the
opportunity to restrict and/or reduce cosmetic use of pesticides when they
introduced a Bill earlier this year revising the current Desticide legislation,
which had been in effect since 1969.
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2.2 Current Practice on Municipal Lands
The Municipality does not have an active pesticide application procedure.
Over the years regular applications have significantly decreased with spraying
areas being confined to white grubs, pOison ivy and sports field maintenance.
In 2001, the Municipality purchased an Aquacide hot water machine for the
control of spot vegetation as well as to assist with sports field markings. This
equipment has showed success but does have its limitations.
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3.0 INTREGRATED PEST MANAGEMENT PROGRAM
The IPM Council of Ontario has formulated a process that promotes plant
health and pest resistance. The program focuses on good horticultural
practices first before using any chemical treatments. The IPM operates within
a framework of protecting human health, respect for the diversity of
ecosystems and protection of the environment. Good horticultural practices
may include proper soil, mowing, watering, aeration, dethatching, top
dressing and over seeding. A thick and healthy lawn can compete against
most weeds, light insect infestations and disease.
Staff will continue to investigate and will report back during 2003 Budget
deliberations on how we can implement this program.
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REPORT NO.: OPD-012 -02
PAGE 4
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4.0 CITIZEN COMMITTEE
As indicated on this report, pesticide spraying on Municipal lands is minimal.
A key step in reducing the overall pesticide use is the reduction of pesticides
used on private property. As a total cosmetic ban is probably premature at
this time, education of the environmental issues and awareness of sound
management practices is required.
The Municipality may consider the establishment of a Volunteer-Pesticide Use
Committee to provide recommendations on how we educate, promote and
reduce pesticide use. The volunteers in partnership with the Municipality
would develop a public education and awareness program about alternatives
to pesticide use. If the public were aware of the alternatives they would be
more receptive to overall restrictions at some future date.
The Clarington Agricultural Advisory Committee has already expressed an
interest to sit on the working committee, if approved by Council.
5.0 CONCLUSION
The Municipality of Clarington is concerned about the use of chemical
pesticides on our lawns and/or gardens, and is committed to reducing their
use. Programs such as Integrated Pest Management will be promoted as a
method of sustaining a healthy environment over the next several years.
The Municipality strongly recommends that the Federal Government take the
lead role in developing and implementing a national education and awareness
campaign regarding reduction and safe use of pesticides and furthermore
recommend a phased in strategy from significant dependence towards
minimal dependence.
Over the next several years the Region of Durham Health Department should
be requested to examine the possibility of developing a program to promote
pesticide reduction on private property in consultation with all stakeholders.
With the concerns of the West Nile Virus and possible spraying programs
required as an emergency option, the Health Department has the resources
to take a leadership role in the well being of our community consistent with
the other area Municipalities across the Region. The Operations Department
8\5
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REPORT NO.: OPD-Q12 -02
PAGE 5
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is concerned with the significant impact on our environment that may result
from current operation practices in both the public and private sector. Our
individual and collective behaviors attitudes need to be refocused to include
environmental issues as a priority.
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Interested parties to be advised of Council's decision:
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Mrs. N. Eyre
16 Driftwood Lane
Newcastle, Ontario
L 1B 1A7
Mr. & Mrs. Nick Olenick
28 Wilmot Trail
Newcastle, Ontario
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Ms. J. Stock
Interim Project Manager
My Home - Our Environment
Suite 101, 5830 - 176A Street
Surrey, British Columbia
V3S 4HS
Mr. T. DiGiovanni
IPM - PHC Council
7856 Fifth Line South
R.R. #4
Milton, Ontario
L9T 2V8
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVlLLE, ONT, t ~ 3A6 T (905) 263-2292 F (905) 263-4433
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REPORT
EMERGENCY & FIRE SERVICES
Meeting~ GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: JUNE 17, 2002
Report #: ESD-010-02
File #10.12.6
By-law #
Subject:
MONTHLY RESPONSE REPORT - MAY, 2002
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-010-02 be received for information.
Submitted by:
L
Michael . Cre" hton, AMCT.CMM11
Director of Emergency Services/Fire Chief
Reviewed by:0 ~,~ _~"
Franklin Wu,
Chief Administrative Officer
MGC.amc
901
REPORT NO.: ESD 010-02
PAGE 2
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BACKGROUND AND COMMENT
1. BACKGROUND
1.1 Our report covers the month of May, 2002. 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 231 calls in May and recorded total fire loss at
587,020.00. A breakdown of calls responded to follows in the table attached.
*Standbv
As indicated in the table attached, Station 1 volunteer firefighters were activated twice,
while Pumper 1 and Pumper 4 responded to emergency calls.
902
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EMERGENCY & FIRE SERVICES
MONTHL Y RESPONSE REPORT
MONTH YEAR MONTH YEAR
ENDING TO ENDING TO
MA Y 102 DATE MAYIOI DATE
CLASSIFICATION 2002 2001
. .,.....-.." I T FIR~
(Includes structure, chimney, vehicle 26 87 26 129
Miscellaneous e.g. furniture. clothing, etc.)
IIU-AT
""r . ,..... ,-..... I
(Burning complaints) 8 18 I 14 28
. FALSE RRc""'-AT ~ I
(Includes alann activations- i
33 148 i 18 118
accidentaJ//malicious .human1>erceived I
emergencies/check calls e.g. investigate I
unknown odour
glIQJ~ ~AII s:
.- .
(Includes propanelnatural gas leaks, 22 114 14 97
fue1lchemical spills, power lines
down/arcing, C.O.leaks, etc.)
r~A. I Oil:
(Includes vehicle extrication/accidents, 15 163 31 190
commercialfmdustrial accidents,
homelresidential accidents, water/ice rescue)
~~
(Includes assist to ambulance personnel with 93 414 87 453
respiratory and resusciWion emergencies
CAI ~
(Incidents not found, assistance not req'd. by 34 157 22 61
other agency, call cancelled on route, etc.)
TOTAL CALLS 231 1101 212 1076
TOTAL FIRE LOSS $87,020 $746,490 $31,995 $518,845
NUMBER OF ALARMS BY STAnON
ST Al ST.#2 STA3 ST .14 ST AS TOTAL
94 34 21 67 15 231
NUMBER OF STANDBY CALLS BY STA nON
STII ST#2 STI3 STI4 ST#S TOTAL
2 0 0 0 0 2*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPt:RANCE STREET, BOW MANVILLE, ONTARIO L 1C 3AB "'(905)623-3379 F (905)623-6506
903
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ClilLpn
AE,PORT
EMERGENCY AND FIRE SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
JUNE 17,2002
Report #: ESD-011-02
File #
10.12.6
By-law #
Subject:
BILL 148 - AMENDMENTS TO THE EMERGENCY PLANS ACT
Recommendations:
It is respectfully recommended that the General Purpose and' Administration Committee
recommend to Council the following:
1.) THAT Report ESD-011-02 be received for information purposes;
2. ) THAT The Director of Emergency Services be identified as the Emergency
Planning Co-ordinator for the Municipality of Clarington; and
3.) THAT the attached Resolution be adopted by Council.
,I ~ '"'i I_~ _-I "7
Submitted by:<< Reviewed by: ---./ r e.G.- :- - ~ L,..(
MiChael G. Creig to, MCT, CMM11 Franklin Wu, M,C.I.P.
Director Emergency & Fire Services Chief Administrative Officer
MGC:sr
Attachment: Resolution
904
905
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Continued.... I
REPORT NO.: ESD-011-o2
BACKGROUND AND COMMENT
BACKGROUND
Bill 148 was tabled in the Legislature on December 6.2001 for First Reading. If passed,
the Bill changes the name of the Emergency Plans Act to the Emergency Management
Act. This change reflects the adoption by the Province of four components of emergency
management: mitigation/prevention, preparedness, response and recovery.
Bill 148 will have an impact on local area municipalities.
Kev Chanoes for Municipalities
· It will require every municipality to develop and implement an emergency management
program consisting of an emergency plan, training programs and exercises for
employees and other personnel involved in emergency response, public education and
any other element prescribed by regulation.
· While the current Act permits municipalities to formulate emergency plans, the
amendments to the Act make it mandatory. Every municipality shall formulate an
emergency plan and adopt the plan by by-law.
· In developing its emergency management programme, every municipality shall identify
and assess the hazards and risks to the community and identify facilities and
infrastructure at risk from emergencies.
· The emergency plans of area municipalities shall conform to the emergency plan of the
regional municipality.
· The name Emergency Measures Ontario will be changed to Emergency Management
Ontario (EMO). The title of Director will be changed to Chief, Emergency
Management Ontario. The Chief will be responsible for monitoring, co-ordinating and
assisting in the development and implementation of emergency management programs.
· Every municipality shall submit a copy of their emergency plans to the Chief,
Emergency Management Ontario and shall ensure EMO has the most current version.
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REPORT NO.: ESD-011-02
PAGE 3
· The Minister of Public Safety and Security (former title, the Solicitor General) may
make regulations setting standards for the development and formulation of emergency
plans. Every municipality shall ensure that their emergency management programs and
emergency plans conform to the standards established.
Reqional Comments
Ivan Ciuciura. Regional Director of Emergency Measures reports. the amendments to
the Act will upgrade emergency measures/emergency preparedness in the Province.
Rather than focusing on merely the production of a plan, the amendments and
regulations will move the Province to a "best practice" approach by adopting emergency
management and its four components: mitigation/prevention, preparedness. response
and recovery.
He also reports that municipalities must have a designated emergency co-ordinator, a
risk analysis must be performed to identify hazards specific to each community.
emergency plans will be mandatory as will a complete emergency management
program, including specified training, exercises and public education.
STAFF COMMENTS
Based on the mandatory requirements of Bill 148 to develop (identify and assess the
hazards and risks to the community and identify facilities and infrastructure at risk from
emergencies), implement an emergency management program and train employees
involved in emergency response, consideration should be given by Council to formally
send a resolution to both Provincial and Federal governments requesting funding
assistance for those municipalities that host nuclear facilities. To make a stronger
statement, if Council decides to take this approach, the resolution should be copied to
all Provincial and Federal M.P.s as well as all members of the Canadian Nuclear Host
Communities Association, for their endorsement.
906
Continued. " . .
REPORT NO.: ESD-011-02
PAGE 4
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Staff feels that once the designated emergency co-ordinator is in place, an exchange of
information between nuclear host communities' association members and their
emergency plan co-ordinators should take place to enhance the emergency planning
process for the member communities.
SUMMARY
Bill 148 changes the name of the Emergency Plans Act to the Emergency Management
Act. It is expected that this Bill will receive Royal Assent before the House's summer
recess. The amendments will move the Province from a preparedness and response,
plans-only focus to a wider emergency management scope consisting of four
components: mitigation, preparedness, response and recovery. The amendments will
lead to enhanced community safety. Although it has been suggested that Emergency
Management Ontario may provide some assistance in the risk assessment process, no
Provincial funding has been allocated to assist municipalities in developing the new
emergency management programs. Once again, consideration should be given by
Council to formally send a resolution (see attached) to both the Provincial and Federal
govemments requesting funding assistance for those municipalities that host nuclear
facilities. In accordance with the mandatory requirements of the Bill and to co-ordinate
and implement the required changes, it is essential that an Emergency Planning Co-
Ordinator be named. It is recommended that the Director of Emergency Services be
identified as the Emergency Planning Co-Ordinator for the Municipality of Clarington.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-6506
907
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MUNICIPALITY OF CLARINGTON
COUNCIL
RESOLUTION #
DATE:
MOVED BY:
SECONDED BY:
WHEREAS all Municipalities in Ontario are facing mandatory requirements to.develop
and implement an Emergency Management Program consisting of an emergency plan,
training programs and exercises for employees and others involved in emergency
response, public education and other elements prescribed by regulation;
AND WHEREAS the Municipality of Clarington has extraordinary emergency planning
needs as host Municipality for the Darlington Generation Station;
THEREFORE BE IT RESOLVED that the Federal and Provincial governments be
requested to provide funding for the Municipality of Clarington and other host nuclear
communities, facing distinctive financial needs, to assist in the requirements for
emergency planning and preparation; and
THAT the Council resolution be circulated to the City of Pickering and the Municipality
of Kincardine for their endorsement; and
THAT the Council resolution be circulated to all local Federal and Provincial Members
of Parliament and all members of the Canadian Nuclear Host Communities Association.
908
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~!!JL-iJ1glOn
REPORT
EMERGENCY AND FIRE SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
JUNE 17,2002
Date:
Fi~eport #: ESD-012 -02
File #
10.12.6
By-law #
Subject:
AUTOMATIC AID AGREEMENT - HIGHWAY 401
_.
fli~ecommendations:
11 is respectfully recommended that the General Purpose and Administration Committee
n~commend to Council the following:
1. THAT Report ESD-012-02 be received; and
2. THAT the Automatic Aid Agreement between the City of Oshawa and the
Municipality of Clarington be approved.
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.~(I L Tt--tJ..._ ( ,,(~C~
Submitted by: t", ' Reviewed by: ........._
Michael G. Crei ton, MCT, CMM11 Franklin Wu, M.C.I.P.
Director Emergency & Fire Services Chief Administrative Officer
rv GC:sr
June 7/02
Attachment 1: City of Oshawa Report
Attachment 2: Automatic Aid Agreement
Attachment 3: By-law Authorizing Council to Execute Agreement
909
REPORT NO.: ESD-012-o2
PAGE 2
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BACKGROUND AND COMMENT
BACKGROUND
With the restricted access to the 401 Highway through the Region of Durham, it has
been beneficial for the five lakeshore municipalities to have agreements. in principal, to
respond into a neighbouring municipality, for emergencies on the highway.
Most municipalities have entered into formal Automatic Aid Agreements to protect the
various municipalities similar to the agreement Council approved between the
Municipality of Clarington and the Municipality of Port Hope.
In an attempt to formalize the agreement between the City of Oshawa and the _
Municipality of Clarington, Oshawa Council passed the attached Automatic Aid
Agreement on June 3,2002. (Attachment 1).
COMMENTS
Staff requests that Committee recommend to Council approval of the attached
agreement (Attachment 2), and that the City of Oshawa be advised of Council's action.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623- 3379 F (905)623-6506
910
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Osb,gyy'g
Report
To:
Item:
Date of Report:
May 2~, 2002
Date of Meeting:
Operational Services Committee
OS-02-229
From:
D. O'Leary, Commissioner,
Department of Corporate Services
Milt Wilson, Fire Chief A-2100
Osbawa - ClariDgton IDghway 401 Automatic Aid
Agreemeat
File:
Subject:
June 3, 2002
Ward:
1.0 BACKGROUND
Oshawa Fire Services currently has an agreement with Whitby and Clarington for responses to
Highway 40 1. Due to the nature of the highway and the access ramps, it is often quicker for one
municipality to respond to incidents within the neighbouring municipality and perform required
services until the "home" municipality's Department arrives. A formal agreement with Whitby
Fire and Emergency Services was approved by Council in 2000.
The purpose of this report is to formalize the current fire service agreement with the Municipality
ofClarington with the attached by-law.
2.0 INPUT FROM OTHER SOURCES
The attached by-law. has been reviewed by Legal Services, the Ontario Fire Marshal's Office and
the Municipality of Clarington.
3.0 ANALYSIS
Recently Oshawa Fire Services underwent a comprehensive review by the Ontario Fire Marshal's
office. Part of the review focused on formal agreements and fire service related bylaws. For
liability reasons the Fire Marshal's office is recommending the formalization of the above
agreement.
Although formal agreements have not been in place, Highway 401 automatic aid arrangements
between Oshawa and neighbouring municipalities have been in place for a number of years and
have resulted in quicker response times for incidents in municipalities.
The Fire Protection and Prevention Act (FPP A) allows for automatic aid agreements such as this
between municipalities.
4.0 FINANCIAL IMPLICATIONS
N/A
911
H:S~ RepcnIAuto Aid AQreemen.. (CIeI1nglon only)
Report to the OperatIonal
ServIces Committee (ContInued)
-2-
1tiNn: 08-02-229
Meeting Date: June 3, 2002
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5.0 CONCLUSION
The attached by-law formalizes the arrangement between Oshawa and Clarington to provide a
faster response time to critical Highway 401 areas within the City of Oshawa. The limited access
to Highway 401 between Harmony Rd. and Courtice Rd. can result in delayed responses
dep-*',UfBIJ'tharequired. direction of travel th~",mle: mutual cooperation. tA-tween the fire
serviceotibOtttmuoicipalitie8'is.veryimportant
6.0' REEO~m ACTION
That;the()~vl~...Services Committee-recommends to City Council that
The attached by-law be passed by Council and forwarded to the municipality of Clarington for
approval.and.ligoatures.
Milt Wilson
Fire Chief
Don O'leary
Commissioner
912
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This agreement made in triplicate this
day of
,2002
BE1WEEN:
THE CORPORATION OF THE CITY OF OSHAWA
("OSHAWA"
- and -
RECITALS
THE CORPORATION OF THE MUNICIPALITY OF clARlNGTON
("cLARINGTON"
1) ParagraPh 1 of section 207 of the Municipal Act. R.S.O. 1990. c. M.45 PI1Mdes !hat by-laws may b
passeo by the councils of aU municipalities for entering IntO agr8ement~ any other mUnlcipalit
or oerson for the use cf the fire-fighting equipment, or any of it. of theP-municipaIjty or of such otht
mUnlClDaIity or person upon such tenns and COnditions ana for sucn COO8IOenItion based on cost a
may be agreed upon but that despite any Such agreement. no liability accrues to the municipality c
Person for failing to SUPply the use of the fire-fiqhting eqUipment. or any of it.
Subsection 2(64) of the Fire Protection and PreventIOn Act. 1997. S.O. 1997. c. 4 provides that
d I A municipality may enter into an automatic aid agreement to Provide or receive the initial c
supplemental response to fires. rescues and emergencies.
2) There a,. .... w!tt*t the geographic boundaries of each of Osh8wll and CIarington to which a tin
deP8l1ment In the other munk:ipellty is capable of responding more quidcIy ttwI any fl,. departmen
situated in the municlpellty.
In consideration of the mutual covenants. provisions and conditions contained herein, and for othe
good and valuable consideration, Oshawa and Clarington covenant and ... .. follows:
1.0 DEFINITIONSlIN'TERPRETATION
1.01 DeflnitlonJ: Wherever a term set out below appears in the .... 0I1h11 AGREEMENT Ir
capital letters, the term shall haw the meaning set out for It In IhII Section 1.01
Wherever a term below appen In the text of this AGREEMENT In reguIer CIIe, it ahal
be deemed to have the meaning OtdNrIIy attributed to It In the English language.
a) AGREEMENT means this agreement including Its rec:ltala and My schedules which form
an integral pert of it, as amended from time to time.
b) AUTOMATIC AID AREA means any or aU of Highway 401 between Harmony Road in
Oshaw. and Courtlc:e Road in Clarington.
c) AUTOMATIC AID RESPONSE means the delivery of INITIAL RESPONSE SERVICES
by a PARTICIPATING FIRE SERVICE.
d) clARlNGTON means The Corporation of the Municipality of Clarlngton indudlng its
sUCC8llors and assigns. and, whe,. the context allows. its employees, servants and
agents.
.) 401 EAST means the eastbound lanes of Highway 401 between Harmony Road.
Oshaw. and Courtice Road. Clarington.
f) 401 WEST means the westbound lanes of Highway 401 between Courtlce Road.
clarington and Harmony Road. Oshawa.
g) HOME FIRE CHIEF means the Fire Chief of the HOME MUNICIPALITY.
h) HOME FIRE SERVICE means the fi,. service Within the HOME MUNICIPALITY that. but
for the Pf'OVlsIons of this AGREEMENT. would be respons/b/e for providing INITIAL
RESPONSE SERVICES. For those parts of 401 EAST and 401 WEST Within the
territorial limits of OSHAWA. HOME FIRE SERVICE means Oshawa rwe Services. For
those part$ of 401 EAST and 401 WEST Within the territorial limits of cLARINGTON.
HOME FIRE SERVICE means clarington Emergency and Fi,. Services.
i) HOME MUNICIPALITY means the municipality to which is provided an AUTOMATIC
AID RESPONSE.
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k)
INCIDENT means fire, emergencies or dangerous conditions that occurs In an
AUTOMATIC AID AREA I
INITIAL RESPONSE SERVICES for the purpose of this AGREEMENT means e
prOVISion of an Initial response designed to address the adverse effects ot an INCIDENT.
aSHAWA means The Corporation of the City of Oshawa including its successors Id
aSSigns, and, where the context allows, its employees, servants and agents.
I)
m)
PARTICIPATING FIRE SERVICE means the fire service within the PARTICIPATI
MUNICIPALITY With responsibility for providing an AUTOMATIC AID RESPONSE. I
those parts ot 401 EAST and 401 WEST Within the territorial limits of ash .
PARTICIPATING FIRE SERVICE means Clarington Emergency and Fire Services. FOI
those parts of 401 EAST and 401 WEST WIthin the terntorial limits of clannl'
PARTICIPATING FIRE SERVICE means Oshawa Fire ServIces.
PARTICIPA riNG MUNICIPALITY means the munlCloalltv that orovides an AUTOMATIC
AID RESPONSE.
n)
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Gender. Plural: All words in this AGREEMENT shall be deemed to include any numbel
or gender as the context requIres. l
Prooer Law: This AGREEMENT snail be Interpreted according to the laws of
Province of Ontario. ..'
He8dinq,: Article, section. dause and/or paragraph he8dinga .. for retetence purpo"
only and shaH not in any MY modify or limit the statemerq contIIined in the fOil.
text.
leaislation: Reference to federal or provincial statutes or regulations or municiPal1
laws are deemed to refer to the relevant legislation as amended. induding succe
legislation.
1.04
1.05
2.0
IEBM .
2.01 Tenn: The tenn of the AGREEMENT shall be indefinite and will be reviewed vearlV.y
u;eparticipating Fire Chiefs.
Tennination: This AGREEMENT may be tenninated by either party on sixty (60) dl.
notice in writing to the other.
2.02
3.0
AUTOMATIC AID RESPONSf; I
3.01 AUTOMATIC AIORESPOHS~: Upon the occurrence of an INCIDENT. an AUTOMA ,~
AID RESPONSE shall be provided by the PARTICIPATING FIRE SERVICE to the
extent th8t the PARTICIPATING FIRE SERVICE has equipment and staff available. I.
3.02 ResDOn..: Upon the occurrence of an INCIDENT, the HOME FIRE SERVICE S I
respond,
3.03 Cemmang: When a HOME FIRE SERVICE and a PARTICIPATING FIRE SERVII
respond to In INCIDENT, the Incident Commander of the HOME FIRE SERVICE s I
assume responsibility for the overall command of and coordInetlon of operations In
resped of the INCIDENT. I
3.04 Incident Manaoement System: The Incident Management System of the HOME F .
SERVICE shall be utilized.
4.0 ~
I
4.01
No-cost Basis: There shaH be no cost to the HOME MUNICIPALITY for the provisiol
an AUTOMATIC AID RESPONSE.
5.0
RELEASE AND INDEMNITY I
5.01 No Claims: Neither party shaH have any claim or demand against the other for detnm
damage, aCcident,.or injury, of any nature whatsoever or howIoever caused to any
P8f'IOrl or property, including any bUilclings, structures. erec:tlona, equipment, mat~
supplies, motor or other vehicles, fixtures and articles, effect, and things in any man
baled upon, occasioned by or attributable to the execution of the AGREEMENT or
Receipt of notice shall be deemed on the date of delivery, or five (5) days following thE
date of mailing of the notice, whichever is applicable. Either party may change it:
address for notice by giving notice of change of address pur'lUMttl) this sec:tlon.
6.02 Force MaieurBfnme: Notwithstanding anything in this AGREEMENT, neither party shaI
be in default with resped to the performance of any of the ..... d this AGREEMENT i
any non-performance is due to any force majeure, strike, Iock-out, labour dispute, c:iYi
commotion. war or similar event, invasion, the exercise d mIIIWy power, act of God
government regulations or controls, inability to obtain any rneteri8t or seMce, or a~
cause beyond the reasonable control of the party (unless such lack d control result!;
from a deficiency in financial resources). Otherwise. time shell be of the essence of thi!
AGREEMENT and all the obligations contained herein.
t\rOitration: All matters of differences arising between OSHAWA and ClARINGTON in
any matter connected with or arising out of this AGREEMENT sheM be referred to a
single arbitrator. if the parties agree upon the arbitrator's idenIty. Should the parties be
unable to agree upon the identity of an arbitrator, then the mdIr shall be referred to a
single arbitrator. to be appointed by a Justice of the Supenor Court of Justice. The
arbitrator shall concluct the arbitration pursuant to the ArbitnItklh Act. 1991, S.O. 1991 c.
17 and every award or determination shall be final and binding on the parties and their
successors and assigns, and shall not be subject to 8pp8Il The arbitrator shall be
allowed unfettered and unlimited discretion to detemn in MCtI n every case the
solution which best balances the competing interests of the perties to the arbitration in
aCCOrdance with this AGREEMENT, and she or he shall not be bound by any legal
Precedent in such determination. The arbitrator shaH not be bound by the provisions of
the Arbitration Act, 1991. S.O. 1991 c. 17 in respect of her or his fees. The arbitrator
shall be entitled to award all or part of her or his fees against any party in accordance
with the principles which govern an award of costs against a non-succesafuI party in a
contested matter before the Superior Court of Justice. In the absence of such an award
by the arbitrator. the arbitrator's costs shall be borne equally by both parties. without
regard to their involvement in the arbitration.
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6.0
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6.03
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6.04
6.05
action taken or things done or maintained by virtue of the AGREEMENT. or theexerClSl
in any manner of rights ansing under the AGREEMENT,
5,02 Indemnification: Each party covenants and agrees that it shall at all times indemnify an
save harmless the other from and against all claims and demands. loss. cost!
damages. actions, suits or other proceedings by whomsoever made. brought c
prosecuted. in any manner based upon, occasioned by or attributable to the execution (
the AGREEMENT or any action taken or things done or maintained by virtue of th
AGREEMENT, or the exercise in any manner of rights arising under the AGREEMEN1
except claims for damage resulting from the negligence of any officer, servant or agel
of the other while acting within the scope of his or her duties or employment.
MISCELLANEOUS
6.01 Notice; Any notice to be given under this AGREEMENT shall be sufficiently given
delivered or if sent by prepaid first class mall and addresseo
to OSHAWA at:
Oshawa Fire Chief
Oshawa Fire Services
: 99 Adelaide Avenue West
Oshawa. Ontario L1J 781
or to cLARINGTON at:
Clarington Fire Chief
clarington Emergency and Fire Services
2430 Highway No.2
Bowmanville, Ontario L 1 C 31<7
No Assianment: Neither party shall make any assignment of this AGREEMENT without
obtaining the prior consent in writing of the other to such assignment.
Successors: The rights and liabilities of the parties shall enure to the benefit of and be
binding upon the parties and their respective successors and apprOVed assigns.
915
0___ '" _...
6.06
6.07
>) 08
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Entire Aareement: This AGREEMENT contains the entire agreement between
parties relating to AUTOMATIC AID RESPONSE and it is agreed that therei.
covenant, promise, agreement. condition precedent or subsequent, warra
representation or understanding. whether oral or written. other than as set forth t
AGREEMENT and this AGREEMENT fully replaces and supersedes any letter, letter
intent, or other contractual arrangement between the parties related to AUTOMATIC)
RESPONSE in existence at the time of execution and delivery of this AGREEI'
This agreement is not part of the Durham Region Emergency Fire Services Plan [ t
Aid).
Partial Invaliditv: If any article.. section, subsection, paragraph. clause or sUbClal
any of the words contained in this AGREEMENT shall be held wholly or partially ~
invalid or unenforceable by any court of competent juriSdidion. OSHAW~ a
CLARINGTON agree that the remainder of this AGREEMENT shall not be affected
the judicial holding, but shall reman-in full force-and effeet; The provisions It
AGREEMENT shall have-effect; notwfthstanding any statute<tothe contrary.
;Naivers: No supplement. amenoment or waiver or or unaer this AGREEMENT shall
binding unless executed in Writing by the oartv to be bound thereby and no waivl'
carty of any provision of this AGREEMENT shall be deemed or shall constitute a I'
')f any other provision or a contlnUlno waiver unless othefWl5&-'expt'eSsly provided.
:/itness whereof the parties hereto have nereunlO affixed thelf coroorate~seals duly attested Ii
~;roper slgmng officers in that behalf. I
THE CORPORATION OF THE CITY OF OSHAV
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THE CORPORATION OF THE MUNICIPAliTY OF CLARINI
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY.LAW 2002
Being a By-law to authorize the execution by the Mayor and
Clerk of an Automatic Aid Agreement with the City
of Oshawa to respond to Highway 401 for emergencies.
WHEREAS at its meeting on June 24th, 2002. Council approved the
recommendations of the General Purpose and Administration Committee that the
recommendations contained in Report ESD-012-02 be approved;
NOW THEREFORE the Council of the Corporation of the Municipality of
':Iarington hereby enacts as follows:
1. THAT the Mayor and Clerk on behalf of the Municioalrty are authorized to
execute the Automatic Aid Agreement between the City of Oshawa and
the MuniCipality oi Clanngton, [0 ImOlement the. recommendations
contained in Report ESD-012-02.
BY-LAW read a first and second time this 2411I day of June 2002.
BY-LAW read a third time and finally passed this 2411I day of June 2002.
John Munon. Mayor
Patti L. Barrie. Municipal Clerk
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REPORT
CLERK'S DEPARTMENT
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Date:
June 17. 2002
Report #: CLD-24-02
File #:
By-law #:
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Subject:
PARKING REPORT FOR APRIL 2002
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RECOMMENDATIONS:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
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THAT Report CLD-24-02 be received; and
THAT a copy of Report CLD-24-02 be forwarded to the Bowmanville Business Centre
for their information.
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Reviewed by~ranklin Wu,
Chief Administrative Officer
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REPORT NO.: CLD-24-02
PAGE 2 of2 J
BACKGROUND
The following pertinent statistical information relates to Parking Enforcement activities for the
month of April 2002 and is provided herein for the information of Committee and Council.
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Attachment 1 Parking Report For the Month Of April 2002
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PARKING REPORT APRIL 2002
ATTACHMENT #1
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TICKETS ISSUED
APRIL
2002
401
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Fire Services
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YEAR TO DA TE YEAR TO DA TE YEAR TO DA
2002 2001 2000
1769 1753 2779
25 98 201
0 25 42
78 i9 67
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P.E. Officers
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Police
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Public Works
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Meters
$4,905.00
$17,022.50
$21,443.00
$24,186.00
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Permits
517.50
1,063,75
500.25
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Fines
4,293.00
19,650.00
16,310.00
32,938.00
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MTO Chargeback
($948.75)
(4,743.75)
(3,036.00)
(14,470.50)
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Total Conducted 18 50 N/A N/A
# Tickets Cancelled 13 36 N/A N/A
# Tickets Upheld 3 10 N/A N/A
# Requests for Trial 7 7 N/A N/A
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REPORl
CLERK'S DEPARTMEN"
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Date:
JUNE11,2002
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Report #: CLD-25-02
File #:
By-law #:
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Subject:
CEDARCREST BEACH ROAD PARKING
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RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committe
recommend to Council the following:
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1. THAT Report CLD-25-02 be received;
2.
THAT staff be authorized to proceed with moving Cedarcrest Beach Road in the area c
67 to 75 Cedarcrest Beach Road north from its present location;
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THAT the cost (estimated at apprOXimately $10,000.00) be obtained from the Loosetor
Maintenance Account No. 7209-00411-X;
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THAT the residents of Cedarcrest Beach Road be allowed to purChase two annual
parking passes at the cost of one monthly pass to park up to two of their private motor
vehicles on the north side of the road; and
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THAT the residents of Cedarcrest Beach Road be advised of Council's decision.
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arri, .M.C.T.
n1Clp lerk , I
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Submitted bJ.t Fred Horvath,
- f 'Oirector of Operations
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Submitted by: ony Cannella,
~'\ctor of Engineering
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Reviewed by: Franklin Wu,
Chief Administrative Officer
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CORPORATION OF THE MUNICIPALITY OF CLARINGTr
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-
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REPORT NO.: CLD-25-02
PAGE 2 of3 J
BACKGROUND
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In 2001 Municipal Law Enforcement staff received numerous complaints of vehicles and
equipment being parked on the north side of Cedarcrest Beach Road in Bowmanville. On J
initial inspection, the officers found a large number of cars, trucks, trailers and various pieces
of equipment parked or stored on the north side of the road. The residents were issued J
notices warning that their vehicles would be tagged and possibly towed away if the situation
was not rectified. As a result of subsequent investigations. it was revealed that the road
encroaches on the properties of 67. 69, 71 and 75 Cedarcrest Beach Road, This has resulted
in a lack of adequate parking space on the properties involved.
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Staff enlisted the assistance of the Engineering and Operations Departments in order to find a
workable solution. The area was surveyed to determine the exact variance of the road and the
extent of the trespass. A meeting was then arranged with Enforcement, Engineering,
Operations, Planning and the local residents.
CORRECTIVE ACTION
The road in the area of 67 to 75 Cedarcrest is to be relocated to the north back onto the
original road allowance. The fronts of the affected properties will be restored and
reseeded/resodded. The cost of the project has been estimated to be approximately $10,000,
with the funds to be allocated from the Loosetop Maintenance Account 7209-00411-X. Once
this is completed, Enforcement staff will begin dealing with the illegal parking issues.
Staff recognize that the residents of the beachfront are in a very distinct situation as compared
to other homeowners. Erosion from Lake Ontario has effectively reduced the size of their lots
over the years. The Municipality currently permits residents to purchase one on-street parking
pass per property. Because of the unique situation in this area, it is proposed that the
residents on Cedarcrest Beach Road bfl! allowed to obtain two yearly passes for the price of
one monthly pass. These are to be used for currently plated, operational, private motor
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REPORT NO.: CLD-25-02
PAGE 3 OF 3
vehicles only. Any commercial trucks, boats, trailers, equipment, etc. are to be parked or
stored on the resident's own lot. Vehicles not bearing a valid pass or vehicles incorrectly
displaying a pass will be subject to ticketing. Repeated misuse of the pass may result in the
revocation of the pass.
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Staff propose to launch a program to advise the local residents of these changes and allow
them time to acquire their passes.
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These changes and proposals were discussed with the local residents in a meeting held at the
Municipal Administrative Centre in April. At that time, the residents indicated their support for
this proposal.
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The Director of Finance/Treasurer has reviewed and concurs with the above
recommendations.
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Interested parties to be advised of Council's decision:
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David Ashcroft
63 Cedarcrest Beach Road
Bowmanville, ON
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REPORT
CLERK'S DEPARTMENT
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Date: June 17. 2002
Report #: CLD-26-02
File#:
By-law #:
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Subject:
PARKING REPORT FOR MAY 2002
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RECOMMENDATIONS:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
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THAT Report CLD-26-02 be received; and
THAT a copy of Report CLD-26-02 be forwarded to the Bowmanville Business Centre
for their information.
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Submitted by:
~1 ~-=~
Reviewed by: Franklin Wu,
Chief Administrative Officer
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... CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVlllE, ONTARIO l1C 3A6 T 905-623-3379 F 905-623-6506
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REPORT NO.: CLD-26-02
PAGE 2 of2 J
BACKGROUND
The following pertinent statistical information relates to Parking Enforcement activities for the
month of May 2002 and is provided herein for the information of Committee and Council.
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Attachment 1 Parking Report For the Month Of May 2002
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PARKING REPORT MA Y 2002 ATTACHMENT #1
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TICKETS ISSUED MAY YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE
l 2002 2002 2001 2000
... P.E. Officers
756 2525 2455 3670
"- Police 10 35 129 223
Public Works 0 0 25 42
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Group Four 22 100 25 87
1 Fire Services 0 1 0 0
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$5,295.00 $22,317.50 $29,101.00 $30,018.00
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Permits 419.75 1,483.50 960.25 0
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.. MTO Chargeback ($668.25) (5,412.00) (3,036.00) (15,056.25)
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.... Total Conducted 15 65 N/A N/A
l # Tickets Cancelled 20 56 N/A N1A
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# Tickets Upheld 1 11 N/A N/A
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URECEPTION COUNTER REQUESTS FOR TRIAL
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REPORT
CLERK'S DEPARTMENT
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GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
JUNE 17, 2002
CLD-27 -02
File #:
By-law #:
ANIMAL SERVICES MONTHLY REPORT FOR THE MONTH
OF MAY, 2002
... RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
-- recommend to Council the following:
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THAT Report CLD-27 -02 be received for information; and
THAT a copy of Report ClD-27 -02 be forwarded to the Animal Alliance of
Canada and the Animal Advisory Committee.
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Reviewed by: Franklin Wu,
Chief Administrative Officer
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
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REPORT NO.:CLD-27.Q2
PAGE 2 of 3 J
BACKGROUND AND COMMENT
For the information of Council, the tables attached to Report CLD-27 -02 summarizes the
activities and revenues pertaining to Animal Services for the month of May, 2002.
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Attachment #1
Animal Services Monthly Report
lnterested parties to be advised of Council's decision:
Animal Alliance of Canada
221 Broadview Avenue
Suite 101
Toronto, Ontario
M4M 2G3
Animal Advisory Committee
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PAGE 3 of:
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CLERKS DEPARTMENT
ANIMAL SERVICES DIVISION
ATTACHMENT NO.1
TO REPORT CLD-27 -02
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A. ACTIVITIES
ANIMAl SERVICES MONTHLY REPORT
MAY 2002
THIS MONTH YR. TO DATE 2002
YR. TO DATE 2(
PICKED UP - WilDLIFE
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DOGS , :ATS JOGS '':ATS I DOGS CA
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: PICKED UP i '8 ~ :') 106 5C
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: RETRIEVED BY OWNERS ;' "6 I j I :-8 -S 83 5
: SOLD TO RESIDENTS I 11 1 '4 l 57 91 T 81 9::
SOLD TO RESEARCH 0 0 0 0 0 0
EUTHANISED 0 3 0 13 6 17
DEAD ON ARRIVAL 1 5 3 29 15 4C
QUARANTINE 0 1 0 7 7 3
WRITTEN WARNINGS 24 110 113
P.OA TICKETS 1 19 50
CONVICTIONS 4 12 18
CALL-OUTS AFTER HOURS 2 15 19
OVER TIME HOURS 10 54.5 60
B. REVENUES
DOGS & CATS RELEASED 0 60.00 450.00 180.00 360.00 S
LICENSES 4281.00 1370.00 11456.00 1814.00 19656.00 280
SOLD TO RESEARCH 0 0 0 0 0
SOLD TO RESIDENTS 750.00 630.00 3525.00 3825.00 5325.00 346
DOGS & CATS REDEEMED 694.00 0 3533.00 80,00 4302.00 5
SUB TOTAL 5725.00 2060.00 18964.00 5899.00 29643.00 641
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TRAP REVENUE 66.00 195.00 393.00
TOTAL REVENUE 7851.00 25058.00 36447.00
II.
EUTHANISED 2 FERAL CATS 1 SICK CAT
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REPORT
CLERK'S DEPARTMENT
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Date:
June 17. 2002
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Report #: CLD-028-02
File #:
By-law #:
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Subject:
HALF-MASTING OF FLAGS
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RECOMMENDATIONS:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-028-02 be received;
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THAT the flags at municipal facilities be lowered to half mast as a sign of mourning in
the following instances:
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On the death of, up to and including the day of the funeral for the following:
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· Reigning Monarch or a member of the immediate Royal Family (spouse, son or
daughter, father, mother, brother or sister of the Reigning Monarch)
· the present or a former Governor General
· the present or a former Prime Minister
· the Lieutenant Governor
· the Premier
· current Durham Member of Parliament and Member of Provincial Parliament, current
or former Mayor
· current Member of Council
· any other person whom it is desired to so honour
· any day declared as a day of mourning by the Federal or Provincial Governments
· On the day of the funeral only for a current member of full-time staff, or any other
person whom it is desired to so honour; and
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
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REPORT NO.: CLD-02S-o2
PAGE 2 OF 5 J
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Reviewed by: Franklin Wu,
Chief Administrative Officer J
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THAT a copy of the policy be forwarded to the various community hall boards for their
information and implementation, if desired.
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REPORT NO.: CLD-02S-02
PAGE 3 of 5
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REPORT
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At the General Purpose and Administration Committee meeting of May 6,2002, a resolution
was passed directing staff to investigate a policy to address the issue of flying the
municipality's flags at half-mast.
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Flags are flown at the half-mast position as a sign of mourning. The flag is brought to the half-
mast position by first raising it to the top of the mast then Immediately lowering it slowly to the
half-mast position. When lowenng the flag, it must be lowered at least to a position
recognizable as "half-mast" to avoid the appearance of a flag which has accidentally fallen
away from the top of the mast owing to a loose flag rope. A satisfactory posItion is to place the
centre of the flag exactly half-way down the staff. On occasions requiring that one flag be
flown at half-mast, all flags flown together should also be flown at half-mast, except personal
flags and standards.
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After reviewing Canadian flag etiquette, it is recommended that the flags at municipal facilities
be flown at half mast on the death of, up to and including the day of the funeral for the
following:
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· Reigning Monarch or a member of the immediate Royal Family (spouse, son or
daughter, father, mother, brother or sister of the Reigning Monarch)
· the present or a former Governor General
· the present or a former Prime Minister
· the Lieutenant Governor
· the Premier
· current Durham Member of Parliament and Member of Provincial Parliament, current
or former Mayor
· current Member of Council
· any other person whom it is desired to so honour.
· any day declared as a day of mourning by the Federal or Provincial Governments
It is also recommended that the flags be flown at half mast on the day of the funeral only for a
current member of full-time staff, or any other person whom it is desired to so honour.
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Where the only flag being flown is the Municipal flag, it will not be lowered. However, if it is
flown together with the Canadian and/or Provincial flag, it will be lowered.
Currently, the municipality flies flags at the following locations:
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REPORT NO.: CLD-02S-o2
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The following table indicates which flags are currently being flown at the various municipal
facilities
LOCATION
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MUNICIPAL ADMINISTRATIVE CENTREI
./
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GARNET B. RICKARD
k:;OURTICE COMMUNITY COMPLEX ./ I ./
ITOURISM OFFICE ./ ./ ./
~NIMAL SHELTER ./
[QRONO YARD ./
HAMPTON YARD ./
NEWTONVILLE CENOTAPH ./
~EWCASTLE CENOTAPH ./
ORONO CENOTAPH ./
KEN HOOPER FIRE STATION ./ ./
FIRE STATION # 3 (ORONO) ./
FIRE STATION #4 (COURTICE) ./ ./
FIRE STATION # 5 (ENNISKILLEN) ./ ./
BOWMANVILLE CEMET ARY ./
BONDHEAD CEMETARY ./
BOWMANVILLE MUSEUM ./ ./
!CLARKE MUSEUM NO FLAG AT PRESENT
The community halls have not been included in the above listing, as they are operated by
boards rather than municipal employees. Some of the halls have flag poles and some do not.
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REPORT NO.: CLD-02S-o2
PAGE 5 OF 5
A copy of the policy, once adopted by Council, will be forwarded to the boards for their
information and implementation if desired.
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Should a death Occur over a weekend, it is recommended that the flags be lowered first thing
Monday morning rather than calling staff in on an overtime basis. However, once the new
library facility is open, the municipality will have staff on site at the Municipa~ Administrative
Centre (MAC) seven days per week, thereby allOWing the flags at the MAC to be lowered
should this Occur.
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In reviewing this issue. it has been determined that the flag poles at the Bowmanville
Cemetery, Newtonville Cenotaph. Orono Cenotaph. Clarke Museum. Orono Yard and
:-iampton Yare! do no have mechanisms to allow for the flags to be lowered. The Operations
Department has some flag poles available and plan to replace the poles at the Bowmanville
Cemetery and the Clarke Museum so that the flags can be lowered. It is recommended that
funds be induded in next year's budget (approximately $1700 per pate) to replace the
remaining flag pates that do not have the required mechanism for lowering.
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Cl~n
REPORT
. CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE-
Oate:
June 17,2002
Resolution #r
Report #: COD-029-02 File #:
By-law #:
Subject:
VIP Area - American Le Mans Series
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report #COD-029-02 be received;
2. THAT Council approve the maximum expenditure of $15,000.00, with said funds
to be eligible for over expenditure in account # 7710-X-0228 (Communications &
Tourism Special Event account).
SubmRted bY~~
arie Marano
Director of Corporate Services
Reviewed bYO ~ - e.....n..
Franklin Wu
Chief Administrative Officer
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REPORT NO.: COD-029-o2
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BACKGROUND:
A unique promotional opportunity has recently presented itself to the Municipality and it
is put forward for consideration by Council. The opport 'J involves the Municipality of
Clarington hosting the VIP Hc.ipitality Entertainment art:;,;:; on Sunday (August 18, 2002)
during the American Le Mans Series event (August 16 - 18. 2002). The championship
race is held on this date.
Through the Director of Corporate Services, the Communications and Tourism Office
was asked to investigate this endorsement opportunity.
DISCUSSION:
Mosport Park is a strong tourism partner within the Municpality of Clarington. They host
4 major racing events - Trans-Am (May); CAS CAR Castrol SuperSeries (June);
Canadian SUperblke Series (July); and the American Le Mans Series (August). Mosport
also has stock car racing every Saturday evening at the Speedway (oval) plus other
smaller events throughout the season. The 4 road track events (weekends) draw
attendance figures ranging 40,000 - 60,000 people each. These visitors reserve
overnight accommodation in Clarington (camping, hotel/motel, etc.) and they shop (for
groceries, souvenirs and the things they forgot to pack) locally in the Orono and
Bowmanville retail areas. Inbound race fans represent a significant source of revenue
for many Clarington businesses and tourism sites. Mosport also provides the
Municipality use of the Speedway facility, for the Clarington Backyard Festival (Victoria
Day weekend) at no charge.
· Hosting a VIP Hospitality Entertainment is a turn-key operation co-ordinated by
the management team at Mosport. The Municipality's Communications and
Tourism Staff would be the liaison for the event, but it is not anticipated that they
will be required to participate in the event preparation .or associated activities.
The host (in this case the Municipality of Clarington) has access to a large
Marquis tent, which is located at trackside - across from the startlfinish line and
pit "alley".
Each invited guest to this area will receive: A VIP Hospitality pass (gOOd for the entire
weekend); a Paddock pass; lanyard and earplugs; maps to Mosport, the VIP area and
of the facility; and a schedule of the weekend's events. It is proposed that invitees to
this event would be co-ordinated through the Mayor's office for networking and
economic development purposes.
SUMMARY:
The cost of taking advantage of this promotional opportunity depends on the number of
guests in attendance. In discussion with the management at Mosport, the person cost is
either $160.00 (for 50 - 99 guests) or $150.00 (for 100+ guests). Mosport normally
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REPORT NO.: COO-G29-G2
PAGE 3
requires a minimum of 100 guests for their VIP Hospitality Entertainment area but they
have reduced this requirement to 50 for the Municipality of Clarington. Beverages will
be on a cash basis.
It is recommended that Council approve a maximum of $15,000.00 to be expended on
this opportunity. These funds are to be drawn from 7710-X-0228 (Communications &
Tourism Special Event account). This event was not anticipated at the time of budget
preparation and therefore may result in an over expenditure in the Communications and
Tourism'Special Events Account by $15,000.
Should the event be considered by Council to be successful, consideration for inclusion
in budget funding will be addressed in future budget years. The Municipality enjoys
many strong (working) relationships with the tourism business community and as
opportunities of this magnitude and significance present themselves, they witt be
brought to Council for consideration.
CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-6506
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ClNJlJgton
REPORT
CORPORATE SERVICES DEPARTMENT
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 17, 2002
Report #: COD-30-02
File#_
By-law #
Subject: TENDER CL2002-20,
DRIVEWAY PAVING
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-30-D2 be received;
2. THAT Tri-Son Contracting Inc., Port Perry, Ontario, with a total bid amount in the
amount of $58,850.00, being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2oo2-20, be awarded the contract for
Driveway Paving; and
3. THAT the funds expended be provided from the 2002 Operations Budget.
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Submllled by: ~~.
a Marano, H.B.Sc., C.M.O.
Director of Co rate Services
Reviewed bYf.2 r---Rf:L.. Cv-t...
ranklin Wu,
Chief Administrative Officer
rvath, B.A., R.D.M.R., R.R.F.A.
ions
MM\LAB\LM\FH\lm
~~()+ ~ -A
1204
REPORT NO.: COD-030-02
PAGE 2
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BACKGROUND AND COMMENT
Tenders were publicly advertised and called for Driveway Paving, as required by the
Operations Department.
Subsequently, tenders were. received and tabulated as follows:
Tri-SoaContracting Inc.
Port Pe ,Ontario
Harnden & King Construction Inc.
A' ax, Ontario
$58,850.00
$99,884.50
The Operations Department requires approximately 2,500 square metres of driveway
paving.
For the information of Council, the unit prices per square metre represent an
approximate 2% increase over those bid for 2001.
After further review and analysis of the tender by Operations and Purchasing, it was
mutually agreed that Tri-Son Contracting Inc., Port Perry, Ontario, be recommended for
the contract for Driveway Paving, as required by the Operations Department.
The total funds required for Tender CL2002-20, Driveway Paving, are included in
various accounts within the 2002 Operations Budget.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc.,
should be referred to the Director of Operations.
The low bidder has previously performed satisfactorily for the Municipality of Clarington.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ?NTi'~ b1g 3A6 T(905)623-3379 F (905)623.3330
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CWJlJgtoo
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 17,2002
Report #: COD-33-02
File#_
By-law #
Subject:
LEASE AGREEMENT - COURTICE COMMUNITY COMPLEX &
CLARlNGTON KIDS INC.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-33-o2 be received;
2. THAT a monthly fee of $6532.44 for the period July 15, 2002 to July 14, 2003
and $6,653.38 for the period July 15, 2003 to July 14, 2004, and $6,774.19 for
the period July 15, 2004 to July 14, 2005 and $6,895.17 for the period July 15,
2005 to July 14, 2006 be approved; and
3. THAT the attached By-law, marked Schedule "A", authorizing the Mayor and
Clerk to execute the lease agreement with Clarington Kids Inc. (Janice and
Randy Brown) be forwarded to Council for approval.
Reviewed by6 ~~
Franklin Wu,
Chief Administrative Officer
e aruana,
. ector of Community Services
MMILABIJC/eu
t206
REPORT NO.: COD-033-Q2
PAGE 2
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BACKGROUND AND COMMENT
Clarington Kids Inc. (Janice and Randy Brown) currently lease space at the Courtice
Community Complex at a monthly rate of $5681.00 ($5556.00/month plus
$125.00/month for Exterior Play Area)
Staff have reviewed the cost of operating the building as well as the current market
rates relative to the initial fees received. As with the prior lease, a five (5) year term is
proposed. Staff have been advised the proposed current rental rates are acceptable.
The total monthly fee includes the rental fee of the Exterior Playground Area.
The current lease expires July 14, 2002 and staff respectively recommends that the
Proposed rental agreement be accepted, effective July 15, 2002. A copy of the lease is
attached marked Schedule "B".
CORPORATION OF THE MUNICIPAUTY OF CLARlNGTON
40 TEMPERANCE STREET, BOWM'ANViLLE, ONTARIO L 1 C 3A6 T(905)623-3319 F (905)623-3330
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Scbedule "A"
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THE CORPORATIOH'OP<THB MUNIelPALITV O~CLARlNGTOJlf:'
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BY-LAW 2002-
Being a By-law to.authorize the execution ofa Lease
Agreement between the Corporation of the MWlicipality
of Clarington and Clarington Kids Inc. in respect of a
lease for space located in the Courtice Community Complex,
Courtice, Ontario.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
I. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington with the Corporate Seal, a Lease
Agreement with Clarington Kids Inc. and said Corporation.
2. THAT this agreement attached hereto as Schedule "A" fonn part of this By-law.
By-law read a first and second time this day of
, 2002.
By-law read a third time and finally passed this day of
, 2002.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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LEASE AGREEMENT
Page 1
THIS LEASE dated as of the _ day of
,2002.
BETWEEN:
The Corporation of the MunlclpMlty of CIarIngton
(hereln8fter called the "LMdIordi
-and-
~ LInIIIId, . corpcnIIon
incorporated under the lawa of the Province of Ontario
(hereinafter called the .,.....,
OF THE SECOND PART
LEASE AGREEMENT
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Due to the length of the ....
Agreement, copies are ~
available in the Clerk's De..
H:"LEASES\2002-CLAR-KIDS.DOC
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LEASE AGREEMENT
Page 2
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TARL~ OJ: CONTI!NTS
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ARTICLE I
PREMISES, TERM, OFFER AND USE ............................................................................ 1
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1.1 G............PrMlil l.................................................................................. 1
1.2 T erm-................................. ......................................... .................. ....... ..... .... 1
1.3 Use and Conduct of Bu8ineee:.................................................................... 2
1 .4 Nuisance......................................................................... ............................. 2
AR11Ct.E II
RENT .................. ...................... ................ .......... ....... ..... ...... ............. ........................ ........ 3
2.1 Covenant to Pay .......................................................................................... 3
2.2 Net Rent ........... ..................... ..................................... ...... ........................... 3
2.3 ~.CJI,T~ ~................................................................................. 3
2.4 P..- 01 EtIw. Ilk d T... Md Oper" '" Costa.................................... 4
2.5 u--.1I'ld ~ ................................................................................... 4
2.8 AddIlIonII Rent ............... .................................. ... ... ..................................... 5
2.7 Rent Pelt Due ............................................................................................. 5
ARTICLE HI
CONTROL OF BUILDING ............................... ........................ ..... ..................~................ 8
3.1 Landlotd'. ServIcea ....................................................... ................ ..... ......... 8
3.2 Control by Landlord ...... ............. ..................................... ..................... ........ 8
ARTICLE fY
ACCESS AND ENTRy........... .................... .......... .................. ............ ..................... .......... 7
4.1 Ac:ceIe to Pren111.. ................................ ...... ...... ......................................... 7
4.2 Entry not ForfeIunt............................... ......... ......... ....... .............................. 8
ARTICLE V
MAINTENANCE, REPAIRS AND ALTERATIONS ........................ ......... .................... ...... 9
5. 1 Maintenance by the Landlord............................................. ......................... 9
5.2 Maintenance by Tenn, Compliance with Laws, Repai' on NotIce ........... 9
5.3 ~ of T enanra AIbInIIIoIII ........ ........................... ............. ................ 1 0
5.4 Repelr where T_1It F8UI..................................................................... 11
5.5 RernoYIII Of Fbcturea and P8IIOn8I Property .......... ................................... 12
5.8 LIena ..................................................... .................. ........................... ......... 12
5.7 NotIce by Tenant ........................................................................................ 12
ARTICLE VI
INSURANCE AND INDEMNITY.............. ........................................... ................ ....... ....... 13
6.1 Tenant's Insurance ......................... .............. ........ ...................................... 13
6.2 Form of PoIIc1ee.................. .......................................... ................ .............. 14
6.3 Landlord's Insurance ...............,.................................................................. 14
6.4 Release of Landlord ................................................................................... 14
6.5 Tenanfs Effect on Other Insurance ........................................................... 15
6.6 Indemnity of Landlord.................................................,............................... 16
6.7 Loss or Damage ............ .............. ............................................................... 17
6.8 Benefit of Releases .................................................................................... 18
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LEASE AGREEMENT
ARTICLE VII
DAMAGE AND DESTRUCTION ............,. .................. ............ .......................................... 19
P8ge 3
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
Damage to Premises, Building or Devit"l'lent ........................................ 19
Insured Damage to Premises.............. ............................................... 19
Uninsured Damage to Premises and L. ~wo years............................... 19
Damage to Building or Development ...... ................................................ 20
T 8IT1fttIon... ....... ......... ...........,..... ........... . ................... .............................. 20
Restoration if Lease Not Tenninated.......................................................... 20
Restoration of Premllls or Building and 1..II8AC&P~ .................. 21
Detennination of Matters; ........ ... .................... .......... .................................. 21
Umibltion of Liablity .................. ........ ................... ........ .............................. 21
ARTIClE WI
TRANSFERS................................................. ................................. .................................. 22
8.1
8.2
8.3
8.4
8.5
8.8
Transfers II. ...... .... .,. ... ......1... ................. I. .............. ..... ... .............................. 22
l.andIord'a RIght to Terminate .................................................................... 22
COIld111ane of T....... .............. ................................... ............................... 22
a.ve tI ~.'.......................................,.............................................. 23
t-Io AMrtIIII1g ...................................................... ...................................... 23
AIIlgnrnent by landlord..... ...................................... ...... ............. ............... 23
9.1
9.2
9.3
9.4
9.5
9.6
9.7
Default 8Ild R8IY'8d..................... ... ,........ ... ... .... ... II ................................... 25
DIItreaa....... ...................... ............... .............. ...... ....................................... 25
Colts .............................................. ...................... ...................................... 25
Set-otr and Accord and SIdIIfacIIon.......................................................... 25
SUN1v81 of ~................................................................................ 25
Lien ............ ...................... ...................... .... ....... .... ...................................... 28
Watver and Remed... CumulatlYe............................................................. 28
ARTICLE X
SPeCIAL PROYIIIONI...... .... .... .... ......... ........... ... ..... ........... ... ....................................... 27
10.1 ~ ..............................................................................................:......... -'Z1
10.2 ExIenIkJn or Renewal ................................................................................ 27
10.3 OperatIon of Licensed Day Care and Indoor Family ~ .............. 27
10.4 PhyIicel PlaInt and Equipment ................................................................... 27
10.5 M8nIIgeInent end Operetion of Premises .................................................. 28
10.8 0IIpGIII d W.... .......................................... ... .... ...................................... 28
10.7 GIound M8InI8n8nce. Outdoor Ptayground .............................................. 28
10.8 au.tity Control........................................ .............. ...................................... 28
1 0.9 Sponeorshlp 8nd AdvertiIlng Sa'" ................................. ....... ........ ........... 29
1 0.11 MarketIng and AdvertiIlng............................................................... ........... 29
10.12 ConceeeIoneICat ....... ................................. ......... ................................ 29
10.13 Chattel Mortgage of Ptayground Equipment............... ................................ 29
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LEASE AGREEMENT
Page 4
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ARTICLE XI
GENERAL PROVISIONS..................................................................,.............................. 30
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11.1 Rules and Regulations ............................................................................... 30
11.2 Delay.......................... .......................... ....................... ...... .......................... 30
11.3 Overholdlng ................................................................................................ 30
11.4 Noticee............ ....... .......................................................... ............. ........ ...... 30
11.5 SU<:OIIlors................................ ......... ............. ..... .................... .................. 30
11.6 Covw..--oJointand Sevw8tL~................................................. 31
11.7 Heedingy Tableof ~ l~........................................... 31
11.8 Extended Meanings.................................................................................... 31
11.9 PartlallnvaHdlty................... ......... ................................. .............................. 31
11.10 Ent1r8 Agreement .... ................................................................................... 31
11.11 Governing law ........................................................................................... 31
11.12 Time of the Eseence .................................................................................. 31
11.13 Quiet Enjoyrnent......................................................................................... 32
11.14 No Partnel"lhip or Agency .......................................................................... 32
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ARTICLE XII
SPECIAL PROVIIICNaL.............................. ........... .................................. .... ................... 33
12.1 Schedulee......... ........... ........... ...... ................................. ............................. 33
Schedule -A- -legal Deecription of Lands
Schedule "8'" - Floor Plen
Schedule "C" - DeftnltIona
Schedule "0" - Rules and Regulations
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REPORT
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CORPORATE SERVICES DEPARTMENT
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 17, 2002
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Report #: COD-34-02
File #_
By-law #
Subject:
LEASE AGREEMENT, BETHESDA HOUSE OF MERCY
150 PORT DARLINGTON ROAD, BOWMANVILLE, ON
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-34-Q2 be received;
2. THAT the attached by-law, marked Schedule "A" authorizing the Mayor and the
Clerk to execute a lease agreement with Bethesda House of Mercy be forwarded
to Council for approval.
arie Marano, H.B,Sc., C.M.O.
Director of Corporate Services
Reviewed bytJ r--..R.Q_~
Franklin Wu,
Chief Administrative Officer
MMAABleu
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REPORT NO.: COO-Q34-02
PAGE 2
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BACKGROUND AND COMMENT
Bethesda House of Mercy currently leases the premises at 150 Port Darlington Road,
Bowmanville at a monthly rate of $200.00 plus G.S,T.
A new.lease-agreement is proposed commencing June 30, 2002 and expiring June 29,
2004. No increase in the monthly rental amount is proposed at this time.
A copy ofthe-Iease is attached marked Schedule"S".
CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
40 TEMPE~CE STREET, BOWMANVILLE. ONTARIO L 1C 3M T(905)623-3379 F (905)623-3330
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Schedule" A "
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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BY-LAW 2002-
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Being a By-law to authorize the execution of an offer to Lease
Agreement between the Corporation of the Municipality
of Clarington and the Bethesda House of Mercy, in respect of a lease for
the premises situated at 150 Port Darlington Road, Bowmanville, Ontario.
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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 with the Corporation Seal, an offer
to Lease Agreement Lease Agreement between the Bethesda House of Mercy, and
said Corporation; and
2.
THAT this agreement attached hereto as Schedule "A" form part of this By-law.
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By-law read a first and second time this day of
t 2002.
By-law read a third time and finally passed this
day of
t 2002.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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ON: WPS10ATAIH/L!ASEA.S.IE
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THIS LEASE dated as of the _ day of
Short Fonns of Leases Act
,2002. in pursuance of the
BETWEEN:
The Corporation of the Municipality of Clarington
(hereinafter called the "Landlord")
- ana...
Betheeda HOUR of Mercy
(hereinafter called the "Tenant')
WHEREAS the Landlold has agreed to lease to the Tenant and the Tenant ha IIgnIed to
I... from the Landlord the _ign...d Ip&C8 Ioc8ted in the building known _ the
H8IbourmaIter's Hou8e. 150 Port D8r1i1gtDn ~. BowmanvIe. MUllicip"y of
CI8ringtDn, RegioneI ~ of Durham (1M "PnImil..,.
NOW THEREFORE THIS LEASE WITNESSES that in consideration 01 the rwa,
covenants and agreements hereinafter reserved and contained on the part 01 the
Landlold and the Tenant. the Landlord leases to the Tenant, and the Tenant..... from
the Landlold, the Premi1e8 on the following terms and conditions:
1. Iaml
(a) The Tenant shaJI have and hold 81 tenant for a period of one (1) year c::ommencIng
June 30, 2002 and ending June 29. 2004 (hereinafter called the "Tenn").
(b) N~. for AvtAn.inn or nAW IA_
At Ieut two (2) months prior to the termination of the T ann, either the Landlord or
the Tenent may give the other written notice that the party giving the noIIce .....
to negotiate an extension of the Tenn of this lease. During the negatirItioiw, if any,
the Landlord and the Tenant will ad in good faith to attempt to seale the terma and
conditions of an extension agreement or the making of a new 1eaIe, as the case
may be.
2. Usa
The Tenant shall continuously occupy the Premises throughout the Tann, subject to and
in accordance with the provisions of this Lease, solely for uses permitted by law and for
no other use or purpose.
The Tenant shall not commit or suffer or pennit to be committed (i) any waste or damage,
disfiguration or injury to the Premises or the improvements. installations, fixtul'8S and
equipment thereon and (ii) any nuisance in. at or on the Premises.
The Tenant shall not do or pennit anything to be done that results in the cancellation or
threatened cancellation or the reduction of coverage under or threatened reduction of
coverage under any insurance policy on the Premises or any part of it.
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3. RARir. RAnt
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During the T enn, the Tenant shall pay to the Landlord annual minimum rent ("Sasic
Rent") in an amount equal to (i) Two Hundred Dollars ($200.00), plus G.S.T.. per month
and to provide post dated cheques for the tenn of the agreement.
Sasic Rent shall be payable in monthly instalments, each payable on the first day of each
month. provided that should the T enn commence or tenninate on a date other than the
first day of 8 monttr. the Tenant shalt pay to ttMtLandlon:t for that monIh a pro rata portion
of said monthly payment.
Batie Rent shall be cansider8d as accruing from day to day and where it becomea
necessary for any reaon to cala.date rent for an in'egutar period of lea than one ye8r or
less than one calender month, an appropnate apporlionment and adjuatment sh8I be
made.
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4. I ......... R~..lhIitIAe.
The Leaor acIcnawtedgee CCMn8ntI and agrees to:
i) maintain annually and when required, the oil furnace;
ii) to provide all utilltIea to the designated area, including hot and cold water, gas,
elec:trlcity and eewer charges; and
iii) costs of any repairs to the structural envelope/physical plant of the building.
5. TAna~. R..-.JhlIItIa.
i) to pay for all operating expeneea including, but not limited to. heat, hydro, water.
waste removat. grass cutting, snow removal. etc.
ii) music noise and related activities must be kept to reasonable levets in reepect of
the quiet of the community; and
iii) all parties will respect all municipal and provincial legislation. and in particular Sy-
law #91.20.
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7.
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before u~ any 8Itef8tion or addiIIon that the T_IMY ..... J
the Tenent sNtl submit to the Landlord a plan showIng!the ~
== :=:=:: = = .:::-::.. "-:. :'.
LandloRl ehaII not urn "Oi18b1y or amIInIriIV wIIhhoId III appnMIlnd ..... .I
included in the plan; and
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Repairs and MaintenanCA
The Tenant, at its own expense, shaD maintain and keep the PremiIeI and wery part
thereof. in good wort<ing oraer and condition and promptly make aU needed mM1tenance.
repairs and replacements as would a prudent owner of similar premiees (r...Dil8bIe weer
and tear and damage by fire, lightning and tempest and structurat defecD only ~).
The Tenant shall keep the Premls.. clean and in such condition as a prudent owner
wou6d: do. If stnIctur8I repUs. or .... B I. to tharoof.; foundlllli8aror met beIIino
"-or the heIIting ~ of the P.~ '11... requiI8d duIinfl:-.Term. ... the
Landklrct shalt be obIig..... at its ~I"..to el.hudtl'8p8inF;or ",flnmelltl. The
Ten8I1t ~ wilt the Landlon:l to ~the,Premi.I' in as gODd NP* _ the
Premisss were at the ~ of ttMtTerm.
AIt-*inntl
(a)
If the TenMt, during the Terma..of ttW L.ease or any ...... of it, deIIII-. to rnek8
any aIt8rIIIIona or...... to the PNmI....1nc:IudIng but not IImIIcl to: II'8CIIng
~..aIlIClNIlO equlprMrt.ancllft"I~~ nMlIllHY furnIIhInga or.....
equiprneN of the T....ra buIin.... the T... mey do 10 at hIa own .....at
any time and from time 110 time. if the foIowIng condIIIonIare met
(i)
(i1)
any and al aIter8tIonI or addIIIonI to the PremI.I. made by the Tenent
must comply with aM applicable buIding code standaIdIlnd by-IIIwa of the
munictpaltly In which the Pramllea ant located.
(b)
The Tenant shaI& be rwponeibIe tor and pay the coet of any of their ...r....
addlllanl. instlll1l11k1n1 or irnpnMmenIa that any gcMIming auIharIy. ~.
provinc:iaI or otherwise. may require to be made in, on or to the PNmI.I..
(c)
No sign. advertllement or notice shall be inac:ribed, painted or' affixed by the
Tenant, or any other peI'IOI'I on the Tenants behatf. on any pert of the inIide or
outside of the building in which the Prami... ant ~ unIeIa the sign.
advertisement or notice has been approved In fN8fy respect by the Landlord.
(d)
All aIter8tIona and addIdona 110 the Premiles made by or on behalf of the Terwd.
other than the Tenants Trade Fixtures. shaM immediately become the property of
the Landlord without compensation to the Tenant.
(e)
The Tenant ag...... at his own expense and by whatever means may be
necessary, immediately to obtain the ...... or dilcharge of any encumbrance
that may be regi8teIed against the landlorcfs property in connection with any
additions or aIter8tIons to the Premises made by the Tenant or in connection with
any other activity of the Tenant.
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8. InsurAnt'''' QM IndAmnifir.Atinn
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(a) The Tenant covenants to keep the Landlord indemnified against all claims and
demands whatsoever by any person, whether in respect of damage to perIOn or
property, arising out of or occasioned by the maintenance, use or occupancy of the
Premises or the subletting or assignment of same or any part thereof. And the
Tenant further covenants to indemnify the Landlord with respect to any
encumbrance on or damage to the Premises occasioned by or arising from the act.
default. or negligence of u,e Tenant. its officefa. agents; servants. ~,
contl"8dDrs, customenl, inviteee- or licensees and the T e..m agreee th8t the
foregoing indemnity shall survive the tennination of this Lease notwithstBIldIng any
provisions of thle La.. to the contrary.
(b) The Tenant shaH cany:
(i) insurance in his own name to provide coverage with reepect to the rille of
business interNptlon to an extend sufflcient to aIow the Tenant to meet hiI
ongoing obIgatIanI to the Landlord and to protect the T8nIInt agIinIllola
of nMnUee:
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(ii) insurwa In hie own name insuring against the risk of dam8ge to the
Tenants property within the Premises caused by fire or other perlin the
policy ... provide for coverage on a reptacement COlt bail to proeect the
Tenants stock-in-trade, equipment. Trade Fbclu...., decollationl and
improyernent; and
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(iil) public liability and property damage insurance in the amount of Two MIlan
Dollars ($2,OOO,OOO.OO) in which policy the Landlord sh8II be a n8I1'1ed
insured and the poley shaH Include a ~iabllty endorIement:
and the T anant shaH provide the Landlord with a copy of the policy C8I1ifted by the
insurer.
9. Dam. and n-M1IWln
If the Premll.. ani deItIoyed or damaged by fire, lightning, tempest or other C8UIIty,
then and in fINery such event if, the damage or destruction of such Buidlng rendei'a the
whole or any subltantill part of the said Building unfit for occupancy or irnpJllible or
unufe for use and occupancy or impollible for the Tenant to continue to cany on its
business. either the Landlord or the Tenant may at its option. terminate thie L... by
giving to the other notice in writing of such termination. in which event. thiI L... n the
Term Ih8II C88M and be at an end al of the date of such destruction or damege, and the
rent and all other payments for which the Tenant is liable under the tennI of thiI Lease
shall be apportioned and paid in fuH to the date of such destruction or damage;
10. auiln I=~
The Landlord covenants with the Tenant for quiet enjoyment.
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11. GovammAnt RaquirAlTIAnm
The Tenant shall, at its sole cost and expense, during the Tenn:
(a)
observe and comply with all applicable governmental IBM and NglIIaIIonI
including, without limitation, federal and provincial ~ en&dmenIa, BuIdIng
by.Iawa and other govemnlental or municipal reguIatIans which ...... to the
Prell i... ,or, the ~,eqUiPnIent, openllian'anct ~thenIaf Ind to the
rT1IINng,of My,...... rwpIlK .RI.L. ana.'~L... ad_a... .a.-. .1t.1II...
or impnMmenIa alor to the,Prwt jl a The T8f1Mt....~ wilt II paIce.
fint ana ~'P9"~- impollD by any fedeI8t. pRMnc. or municipeI
aulharil.....ar nBie by inIuranca UlIdert... and ..<OI..ft.....~
and munic:ip8l r-gl1I8tIon8 and ~ requiIwnenls. QCMNni..... oanduct 01 MY
bUIine3a conduc:t8d in the Pret, ilia.
(b)
obtain all nec._ry permRr, licenIee' and apt::lftMie reldl.", to the UI8 and
ocx:upency of the Premil.. and the conduct of bulinesa thenIin; Ind
carry out II motIk.atIo.... IIII11110M or chMgII to the Prwnillllnd the Terwft
conduct of buINea In or ute of the Prwnllll which ... rwquinId by MY IUCh
authortIIeL
(c)
The Tenent IhIIIIndemnify and hold the Landlord harmIea 8g8inIt MY perIIIly or fine
irnpated for any vioI8tIan of any law, by-law or regulation by the T.,. or thole for
whom the Tenant II in law 1'8IPQnIibIe.
12. DafauI
The following events ("Eventf of Default") sh8lI be deemed a defIuIt (a.der8ur) under
this L....:
(a)
If the Tenant faill to pay any instalment of Baelc Rent prompIIy when due, no I8ter
than five (5) daya foItowing the AIIpective due date; . J
If the Tenant f. to obeeNe or perform any other term, CXMnMt. COIdIkln or ...
ob4IgIdon under this L... th8t II CIIp8bIe of remedy ottw .. a .... in the _ <
paym&nt of Buic Rent, and such defautt remains unremedl8d ..... thity (30) dayI J..
fallowing written notice from the Landlord to the Tenant ~ IUCh defUt
and requiring the Tenant to remedy the default
If the T.... '* to obe8M and perbm any other term, CCMMnt, COIIdIIiaI. or J'
obIig8tion undeF. thle L_ that Is not C8P8bIe of remedy oIW thin a -... In'
the ~ of B8Iic Ren&. and the. TINInt receives wr-. notice flam the
~~IUCh_ ]
If the Tenant I'n8kea an uaignment for the benefit of its aedIDrI gl..lrllly, or if .....
the Tenant is decI8nM:J bankrupt or ineoNent. or if a petltian in ~ is flied
ag&Inet the Ten8nt, or if the Tlft8nt files an naigr.ment In ~ or taIcee or :.
attempCa to Wke the adY8ntIIge of any legllldon for relief of bertkrupt or in80Nem .
debtors, or it a receiver or a receiver and ITI8n8ger is appointed for .. or a portIOn
of the Tenant's property, or if any steps ant taken or any action or proceedings ant,
instituted by the Tenant or by any other party including, without limitation, any court I;
or governmental body of competent jurisdiction for the dislolutlon, winding-up or .
liquidation of the Tenant or its assets, unless such proceeding be lit aside,
discharged or abandoned within fourteen (14) days. For the purposes of thlsJ'
Subaection, "Tenant" shall mean the Tenant and any person carrying on ~;
in or ClCCUIJYing tile ~i f port of... -".11. J
(b)
(c)
(d)
I""i\~. WOC4r'\ATA.1....I1f eAI"PII,.. ...__..
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13, Right nf RA-I=ntr:y
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Upon an Event of Default and at the opinion of the Landlord, the Landlord, in addition to
any other remedy or right it may have, and without notice or any form of legat process.
may forthwith re-enter upon and take possession of the Premises without thereby
terminating this Lease and remove and sell the Tenant's goods. chattels, equipment and
trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The
Landlord may seize and seU such goods, chalels. equipment and trade fixtures of the
Tenant as are in the Prem.... and may app&y the prnoeeda then!cf to all rent and other
payments to which the Landlola is then entiIIed Under this Lease. Any such sale may be
effected in the dilcnltion of the Landloni by public auction or otherwiIe. and either in bulk
or by indMduai item, or pertty by one me&n8 and party by another. II .. the landIard In
its scle di8aetion may decide. If any of the T 8f8It's ~ is d..... of .. pnMded
in this Section, ten (10) days prior notice to the Tenant of disposftjan shall be deemed to
be commeraally reasonable.
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14. Rign nf TAIIftiruItir""
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In 8ddIIIan to 8M righIa Md remedIeI of the Landlord available to it by any PnMIian at thiI
L.... or given by law to the Landlord. the Tenant agrees that upon an Event at Defadt
the Landloni shall have the right to terminate this Lease upon notice in wriIIng to the
Tenant. Upon such notice. this L.... shaH terminate immediately without the ~I"ity
of any legal proceeding whatIoever. The Tenant sh8II thereupon within tht8e (3) days
quit and surrender the Premia.. to the Landlord. or if not yet in pot....Ion. the T...
shall no longer have any right to poe....ion of the Premises, and the Landlord, .. agents
and servants, shaH have the right to enter the Premises and di8poe... the T.... and
remove any P8rIOI'II or property therefrom without the neceaity of legal proceedilQ
whatsoever and without being liable to the Tenant therefor in damagee. or otherwiIe.
Either party Ih8II have the right to cancel this Lease at any time during the term by giving
the other party no Iesa than three (3) month prior written notice of termination.
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15. Rigt'tt tn R'" IAt Att!
If the Landlola re....ntere pursuant to the provisions of either this Lease or any applcable
law, the Landlord, without limiting its right to recover damages. may either tenninat8 this
Lea.. under thie section or it may from time to time without terminating the Tenant's
obfigations under this L...., make any alterations and repaint conIider8d recIIury by
the Landlord to facitltate a retetting, and relet the Premises or any part thereof .. agent of
the Tenant for such tenn or terms and at such rentat or rentals and upon such other
terme and condltlona as the Landlord in its reasonable di8Cl'8tion conaidert acMeabIe.
Upon each reIettIng, all rent and other moneys received by the Landlord from the reletliliQ
will be applied (I) to the payment of indebtedness other than rent due hereunder from the
Tenant to the Landlord (ii) to the payment of costs and expenses of the retettIng induding
brokerage f..., legal fees and costs of the alterations and repairl and (iii) to the payment
of rent due and unpaid hereunder. The residue, if any. will be held by the Landlon:t and
applied in payment of future rent as it becomes due and payable. If the rent received
from the reletting during a month is less than the rent to be paid during that month by the
Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be
calculated by the Landlord and paid monthly in advance on or before the first day of every
month by the Tenant. No re-entry by the Landlord shall be construed as an election on its
part to terminate thie Lease unless a written notice of that intention is given to the Tenant.
Despite a reletting without tenninaticn, the Landlord may elect at any time to terminate
this Lease for a previous breach.
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16. Dam9R
If the Landlord shall terminate this Lease as provided herein, the Tenant shaI pay to the
Landlord on demand, rent hereunder up to the time of re-entry or termination. whichever
shall be the later.
17. ~.l'IIIt. R.un.riUua
The Landlord may from time to time r8fIOft to any or all of the rights and rernedieI
8VIIiIabIe to it upon an Event of Default. either by any prcMsion of this Lease or by ItIIIute
or the genenlllaw. ail of which rights anctntrnedies 8M intMded to be CUINII8tMt 8nd not
alternative and may be exen:i8ed ~orin combin8tion.
1 8. 'I:JJtiw!Jt
(a) NotwMhItIndIng ~,cantIIIned in any ..... now or herIIIIIIr In fon>>lImlIIng
or .......1g the right of d...... none of the gOada. chdIII or tnIde ..... of
the T-..t on the PrmlII.1 .Iny...... during the Term ... be __ fran levy
by diIRIa far rw1t In ...... MCt If any cIIlIm is made far such .....,... by the
Tenent or If a diltr8el1I made by the Landlord of If any action is brought to felt the
right of the Landlord to levy upon any such good. as are so exempeed, IIiI ......
may be pleaded as an eetoppeI against the Tenant, the Tenant hnby wMlng
each end every beneftt th8t could or might have accrued to the Tenant under and
by vi1ue of any such st8tute by for this Lease.
(b) Failure of the Landlord to InsiIt upon the performance of any covenant or condition
of thiI L.... or to ..... any rtght"or option contained in this L... .... not be
construed a. a waiver or reIinquiIhment of any such covenant. candIIIone, right or
option or of any sublaquent breach of the same. No variation or waiver of any
covenant or condition of this L.... shall be valid unless in writing and signed by
duly authorized person. on behalf of the Landlord.
19. eov.n.m.
Every obIigatian of the Landlord or the Tenant expressed in this L...., even though not J....
elCpAtSSed as a covenant, shall be a covenant for all PUrpoMl. The T_nt
aclcnowledgea that it shall have no right to any benefit of division or dlscussian.
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TIme shall be of the essence in all respects hereunder.
21. J;ntnrr..uahilitv
If any tern" covenent or condition of this Lease or the application thereof to any person or j
circumstance is to any extent held or rendered invalid, unenforceable or illegal, the
remainder of this Lease or the application of such term. covenant or conditions to persons;
or circumstances other than those with I'8Ip8Ct to which it is held invalid, unenforceable or ;I
illegal is not affected thereby and continues to be applicable and enforceable to the fullest .
extent permitted by law.
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22. ~
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Any notice that one party hereto may desire or be required to give to the other party
hereto shall for all purposes be deemed to have been sufficiently and property given, if
delivered personally or forwarded by registered ma~ and addressed in the C8Ie of the
Landlord to:
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40 Temperance Street; BowmanWle, Ontano. L 1 C 3M
Attention: Lou Ann Birkett. PUn:h81llng Manager
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and in the case of the Tenant to the Premises and shall be P..umed to hINe- been
received on the data of deivery, if deWenlO peI'IaI&Iy. or tf torw.aed by regilllNd mail
on the third busineea.aay following such rnaIing. An'! notice shalt be in writing........
expntSSay otherwiee provided heretn. and shall be gMJn only by dehwy 88 am Slid in
the event of post intemJption.
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23. EmJrIHNInt
this Lease and everything herein contained sh8II enure to the beneftt of and be binding
upon the partlel hereto their IUCC88tor1 and permitted assigns respectNety.
IN WITNESS WHEREOF the parties have duly executed and uncondllonally
delivered this Lease as of the date first above written.
THE CORPORATION OF THE
MUNICIPALITY OF CLARlNGTON
By:
John Mutton, Ma-,or
And:
Patti L. Bama, Clerk
BETHESDA HOUSE OF MERCY
ASSOCIATION
By:
And:
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...
Cl~-!lJgton
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REPORT
ADMINISTRATION
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 17, 2002
Report #: ADM 06-02
File #:
By-law #:
Subject:
Election of Regional Chair
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ADM 06-02 be received.
2.
THAT as soon as is reasonably practicable after the Municipal Ad. 2001 ("New Act") comes
into force on January 1, 2003, Regional Council pass a resolution under subsection 218(7)
requesting that the Lieutenant Governor-in-Council pass a regulation under subsection
218(6) authorizing the Region of Durham to exercise power under index section 218 of the
New Act by by-law to:
(a) change the composition of the Regional Council by requiring that the Regional Chair
as head be appointed by the members of the Regional Council from the members
who either are elected Regional Councillors or elected as the mayors of the lower-tier
municipalities within the Region of Durham;
(b) require that the Regional Chair on his or her appointment as such is no longer
entitled to hold office either on the Council of a lower-tier municipality or on the
Regional Council; and
(c) require the appointment of the Regional Chair to be by secret ballot of the members
of the Regional Council with the votes with the votes weighted either by the
a88eSSment in or by the population of each of the lower-tier municipalities;
and forward the resolution of Regional Council to the Minister of Municipal Affairs and
Housing.
CORPORAnON OF THE MUNICIPALITY OF CLARlNOTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-5717
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REPORT NO.: ADM 06-02
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3. THAT forthwith after the regulation referred to in Recommendation 1 is passed, Regional
Council pass the necessary by-law to give effect to the changes referred to in the regulation.
4. Regional Council recommend to its successor whose members will take office on
December1, 2003, that at their first meeting they appoint as Regional chair for the term of
the successor Regional Council, one of their number who is elected as a Regional
Councillor or as a Mayor of a lower-tier municipality in the Region of Durham,
5. THAT a by-law be passed by Regional Council pursuant to subsection 233(f) of the
Municipal Act, 2001 to provide for the appointment of the Regional Chair by secret
ballot.
O~~Wu
Submitted by: Franklin Wu,
Chief Administrative Officer
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REPORT NO.: ADM 06-02
PAGE 3
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REPORT
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1. Backaround
1.1 At its meeting held on May 27,2002, Council referred Correspondence D-7 to the' Chief
Administrative Officer for a report pertaining to the issue of election of the Regional
Chair.
...
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1.2 Specifically, the Region Ad Hoc Committee requested the Municipality of Clarington to
review Options 1 to 3 and procedural option i) to iv) as contained in the report from the
Ad Hoc Committee and to comment back to the Region by June 18. 2002.
...
2. Proaoaecl_ ODtlons
...
The options arrived at by the Ad Hoc Committee are as follows:
..
2.1 Ootion 1
... The appointment of the Regional Chair by the members of Regional Council with the
position open to all electors of the Region of Durham (should the Chair selected by a
member of a lower tier Municipality, he/she would resign).
...
2.2 ODtion 2
..
The appointment of the Regional Chair by members of Regional Council with the
position open only to the members of the Regional Committee (the member would
... retain their elected position as well as that of Regional Chair).
... 2.3 Ootion 3
...
The Regional Chair be elected by the voters of the Region of Durham.
..
3. Comment on the 3 ODtlons
3.1
There are obvious pros and cons for each and every option or any sub-sets in the
selection of the Regional Chair. Many of these have been highlighted by the Ad Hoc
Committee and therefore will not be repeated here. Suffice it to say, every option has
its own merits and can be justified depending on one's point of view. The point here is
that in the absence of any well defined criteria or having what one likes to see and
expects from a Regionat Chair, this could be an endless debate and at the end, no one
isl8tllftld with the outcome.
...
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3.2 The selection of the Regional Chair should follow the approach used by the private
sector in their selection of a CEO where they are generally guided by the principle of
selecting the best that meets their needs. As a result, they tailor their recruitment
method and process to enable the selection of the best candidate. The principle of
selecting the best and the process that follows are very much inter-related that dealing
with the process without the benefit of understanding what constitutes the best could
have a negative effect to the outcome.
3.3 The first step of the process should be an understanding of the major role and
responsibility of the Regional Chair as it establishes the expectation of this position. In
this regard, one must understand that the position of Regional Chair is a paradox
because it brings with it virtually no additional formal powers and yet it enjoys a more
elevated status than other members of Council. The Chair presides Council meetings
and has the opportunity to shape and direct the debate and the resolution of issues. As
the head of Council, the Chair is ex officio to all standing committees and therefore has
a broader overview of all government activities not readily available to other members.
Aside from acting as social and ceremonial leader, the Chair is the key conduit to senior
levels of government for support, assistance and lobbying efforts on behalf of all
Durham residents.
Based on the above responsibilities and expectations, the successful candidate for the
Regional Chair position should have the following key qualifications:
o experience as an elected official, preferably a high profile individual with
community recognition;
o proven leadership;
o ability to communicate effectively and to resolve conflicts;
o ability to champion regional interest, both locally and at senior level governments.
3.4 Assuming there is a general consensus on the qualifications of the Regional Chair, the
next step is to determine who should be making the selection, be it the citizens or the I
politicians. Elections at large mayor may not produce the candidate that meets the ...
qualifications. Too much is at stake to leave it to chance because voters' choice of
C8f nthd~ate could be based on popularity which do not necessarily reflect the qualiflcationl
o e Individual being sought. On the other hand, if the Regional Chair is selected III
among the members of Regional Councillors, the successful candidate would have
proven to his/her peers the ability and qualification to assume the position. Democracy I
is not necessarily compromised because the Chair would come from a current member ..
of Regional Council who is elected by the voters, although from a smaller geographical
area than OPposed to the whole Region. This approach is not dissimilar to the j
provincial and federal government setecting their leaders
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3.5 Based on the foregoing observations and comments, it appears Option 2 _ "appointment
by Regional Council with the position open only to Regional Council members" has
advantages over the other two options as it allows for the selection of an elected official
with known quality and experience. It should be noted that this option also specifies
that the member will retain their elected position as well as that of Regional Chair. This
is problematic because the Regional Chair should devote his/her time to this full-time
jOb in order to be effective. Retaining the Regional Councillor position would not be
advisable.
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4. Comments on the Four Procedural ODtions
...
4.1 The Region Ad Hoc Committee identified the following procedural options:
a)
Appointment of the Regional Chair by the members of Regional Council at the
end of the tenn of Council
...
Comments
...
This option is contrary to the recommended option of selecting the Regional Chair
among the members of Regional Council.
...
b) Voting shall be weighted to reflect assessment
...
Comments
Assuming the Regional Chair is selected among number of Regional Councillors and by
Regional Councillors, one could argue that weighted voting based on 888888ment may
not be nec:eslary because to a certain extent, the number of Regional Council per
municipality are SUPposedly reflected by the size of the local municipalities. However,
rapid growth in recent years along the shoreline municipalities has occurred to such a
degree that councillors from the south are now representing a significantly larger
allellment and population base several times that of the northem municipelities. If the
Regional Chair Is Intended to represent all Durham residents, a weighted voting system
based on population or a8888sment would be a reasonable and equitable way to select
the Chair. The now defunct GTSB had a weighted voting system in place and it can be
eallly adopted for this purpose.
c) Appointment of the Regional Chair be conducted by secret ballot
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Comments
This method allows Regional Councillors to cast their votes without fear of alienation or
rejection by their peers. They can vote according to their true belief in picking the right
person for the job without having to declare their choice publicly.
d) Local municipalities be requested to include a question on the ballots for the
2003 Municipal Election regarding the direct election of the Regional Chair
Comments
This option does not appear to serve much useful purpose unless delaying the issue for
another 3 years is the underlying objective. On the contrary, it gives the impression of
indecisiveness on ~ part of the elected officials. This option should be rejected
outright If the Regional Council truly wishes to deal with this issue with a sense of
urgency and haste.
5.. The Leaislatlon
The Municipal Solicitor advises as follows:
Most of the sections of the Municipal Ad, 2001 will come into force on January 1, 2003.
Effective January 1, 2003 both the Regional Municipality of Durham Ad and the Regional
Municipalities Ad which now govem the Region of Durham will be repealed and replaced
with provisions of the New Ad.
It should be noted that section 458 of the N8'N Ad provides that on January 1, 2003, the
composition of the COlIncil of a municipality, the method of ~Iacting or appointing its
members, the number of votes given to each member and the tiUes of its members shall be
the same as they were on December 31, 2002, that is on the day before the New Ad comes
into force. Under the current legislation, each member of the Regional Council including the
Regional Chair has one vote on any question which must be cast by open vote. Also, under
the current legislation, the Regional Council either must appoint as Chair a member of the
Regional Council who has been elected as a Regional Councillor or who has been elected
88 a Mayor of a local ~1Iity within the Region of Durham, or who is a person white not
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Subsection 455(1) of the New Ad provides that every city, town, township and village that .J
existed and formed part, among others, of a regional munici~ity for municipel purposes on
December 31, 1002, is continued with the same name on January 1, 2003 and thereafter j..
and has the status of a lower-tier municipality which stands in the place of the city, town,
township or village for all purposes. Subsection 455(3) is a similar provision applicable to
regional municipalities. Therefore, despite the repeal of the Regional Muntclpelity of Durham J
Ad and the Regional Municipalities Act. on January 1, 2003, both the Region of Durham ..
and the Iower-tier municipalities within it including the Municipality of CIari.-,gIion will continue
under the same names with the powers of an upper-tier municipality and lower-tier j{
municipalities, respectively, under the New Ad.
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an elected member of Regional Council, is otherwise qualified to be elected as a member of
council. Currently, the Chair's tenn of office is required by statute to be the same as the term
of office of the elected members of the Regional Council who appointed him.
Sections 218 and 219 of the new Municipal Act, 2001, provide authority for the Region of
Dumam to make certain changes in the composition of the Regional Council including the
election of the Regional Chair by election or appointment, subject to constraints and
conditions set out in the sections.
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The power to make the changes authorized by section 218 of the New Act must be
exercised by by-law passed by the Regional Council after a regulation is passed by the
Lieutenant Governor-in-COuncil authorizing the Regional Municipality to exercise the power
in question. Subsection 218(7) conditions the passing of the regulation by the Lieutenant
Governor-in-Council on the prior passing of a resolution by the Regional Council addressed
to the Minister of Municipal Affairs and Housing which requests the regulation in question.
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Since the New Act will not come into force until January 1, 2003, neither the resolution nor
the regulation to implement the recommendations of this Report can be passed until a date
subsequent to January 1, 2003. Also, the changes in the composition of the Regional
Council which are recommended in this report cannot be implemented by by-law passed by
the Regional Council until the resolution and regulation referred to above are passed.
Further, subsection 219(1) of the New Ad provides that before passing a by-law under
section 218 providing for the changes recommended in this report, the Regional Council
must give notice of its intention to pass the by-law and hold at least one public meeting to
consider the matter.
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The recommendations contained in this Report respecting the weighting of votes of
members of Regional Council for the appointment of the Regional Chair by assessment or
population will involve changes to the number of votes given to members of the Regional
Council in respect of the appointment of the Regional Chair. As a result, to be valid, the by-
law implementing the regulation regarding the weighting of votes must satisfy the following
requirements of subsection 219(2) of the New Act:
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(a) a majority of all votes on the upper-tier council must be cast in its favour;
(b) a majority of the councils of all lower-tier municipalities fonning part of the upper-tier
municipality must have passed resolutions consenting to the by-law; and _
(c) the total number of electors in the lower-tier municipalities that have passed
resolutions referred to in clause (b) must fonn a majority of all the etectors in the
upper-tier municipality."
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Section 219 of the New Act also addresses the question of the in-force date of a by-
law passed under section 218 changing the composition of the Regional Council.
Since 2003 is a regular etection year subsection 219(3) wilt apply. In effect. it
provides that if the by-law is passed under section 218 before voting day in 2003 it
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will not come into force until the second regular election following the passing of the
by-law (Le. the regular election in 2006).
Under subsection 233(5) of the New Act, the Regional Council may pass a by-law
providing for the Regional Chair to be appointed by secret ballot. The exercise of this
power is not conditioned on the provisions of sections 218 and 219 being complied
with. Therefore, Regional Council could provide for appointment of the Regional
Chair by secret ballot without what amounts to the prior approval of the Cabinet
under section 218 of the New Act.
It should be noted that under the New Act, the term of office of the Regional Chair will
be the same as the term of office of the elected members of the Regional Council,
that is three (3) years. If the resofution, regulation and by-law passed under section
218 of the New Ad provide for a change in this respect, the tenn of office of the
Regional Chair could be reduced to one (1) year.
6. SummarY Conclusion
The CAO is of the opinion the Regional Chair position is of such high profile and
importance that it is best left to the Regional Councillors who know the quality of the
individual they desire to be their leader. The method of Selection should be based on a
weighted voting system either by population or assessment and by secret ballot.
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