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Home My WebLink About06/03/2002 .. - C;l~[iOglon - - - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: JUNE 3, 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 May 21, 2002 301 - 4. DELEGATIONS - (a) Inspector Tom Cameron, Durham Regional Police, 77 Centre Street North, Oshawa, L 1 G 487 - re: Update on Community - Patrol Plan (b) Marisa Jollymore, 105 Clarington Blvd. Bowmanville, L 1 C 423 - - re: Report PSD-051-02 (c) Allan Maenza, 103 Auburn Lane, Courtice, L 1 E 2E9 - - re: Report PSD-055-02 (d) Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1 - - re: Report PSD-055-02 (e) Glenn Genge, D. G. Biddle & Associates, 96 King Street East - Oshawa, L 1 H 186 - re: 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 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L1C 3A6 T (905) 623-3379 .. G.P.& A. Ae:enda - 2 - June 3, 2002 ... (g) Scott Brown, William Tonno Construction Ltd., 121 Marica Avenue, Oshawa, L 1 G 3G9 - re: Report PSD-058-02 - 5. PUBLIC MEETINGS ... (a) Rezoning Application Applicant: Gilbert Trolly REPORT PSD-050- 02 ... 501 (b) Official Plan Amendment Application Applicant: St. Stephen's Estates Inc. REPORT PSD-057 -02 ... 503 ... 6. PLANNING SERVICES DEPARTMENT ... (a) PSD-050-02 - Rezoning Application Applicant: Gilbert Trolly 601 Part Lot 9, Concession 2, Former Town of .. Bowmanville (b) PSD-057-02 - Official Plan Amendment Application ... Applicant: St. Stephen's Estates Inc. 606 Lot 8, Concession 2, Former Town of Bowmanville ... (c) PSD-051-02 - Sign By-law Amendment Application Applicant: Willsonia Industries Limited - (d) PSD-052-02 - Development Charges By-law Complaint Owner: Mr. Paul Christensen 625 ... (e) PSD-053-02 - Monitoring of the Decisions of the Committee of Adjustment for the meeting of May 16, 2002 630 .. (f) PSD-054-02 - Oak Ridges Moraine Conservation Plan 637 ... (g) PSD-055-02 - Environmental Impact Study - Auburn Lane and Darlington Blvd. Proposed Rezoning Application - 1276467 .- Ontario Ltd. & Ashton Development Corp. (Clarington) Ltd. Part Lot Control Application Ashton Development Corp. (Clarington) Ltd. 645 .- .. .. ,. - G.P.& A. Ae:enda - 3 - June 3, 2002 - (h) PSD-056-02 - Condominium Application Applicant: Aspen Heights Ltd. Part Lots 15 & 16, Concession 1, Former Township - of Darlington, 83, 87 & 91 Aspen Springs Drive 667 (i) PSD-058-02 - Development Charges Exemption Request - Owner: Wm. Tonno Construction Limited 674 U) PSD-059-02 - Confidential Report re: Property Matter - 7. ENGINEERING SERVICES DEPARTMENT ... (a) EGD-29-02 - Appointment of Chief Building Official, Building and Plumbing Inspectors and Inspectors for the - purpose of Fire Safety requirements 701 (b) EGD-30-02 - Port Darlington Marina - Construction Access on - Hydro Easement 708 (c) EGD-31-02 - Nash Road East of Regional Road 34, Courtice - Sidewalk and Pedestrian concerns 715 8. OPERATIONS DEPARTMENT - (a) OPD-10-02 - Vandalism Update 801 - 9. EMERGENCY SERVICES DEPARTMENT No Reports - 10. COMMUNITY SERVICES DEPARTMENT - No Reports 11. CLERK'S DEPARTMENT - No Reports - 12. CORPORA TE SERVICES DEPARTMENT (a) COD-28-02 - Supplier Information Night 1201 - - - G.P.& A. Ae:enda 13. FINANCE DEPARTMENT (a) FND-009-02- (b) FND-010-02- -4- June 3,2002 List of Applications for Cancellation, Reductions or Refund of Taxes Cash Activity Report - First Quarter of 2002 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT No Reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT .. .. IIliII 1301 ... 1306 .. ... ., ... .. IIliII .. .. ... - - .. .. ... .. - ... THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee May 21,2002 ... ... Minutes of a meeting of the General Purpose and Administration Committee held on Tuesday, May 21 , 2002 at 7:00 p.m., in the Council Chambers. ROLL CALL - Present Were Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Rowe Councillor J. ScheU Councillor C. Trim ... - Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana (until 8:45 p.m.) Solicitor, D. Hefferon Manager, Emergency Services, W. Hesson (until 8:20 p.m.) Director of Operations, F. Horvath (until 8:20 p.m.) Director of Corporate Services, M. Marano (until 8:20 p.m.) Director of Finance/Treasurer, N. Taylor (until 8:20 p.m.) Deputy Clerk, M. P. Knight Stanley - - - Mayor Mutton chaired this portion of the meeting. - DISCLOSURE OF PECUNIARY INTEREST There were no Disclosures of Pecuniary Interest stated at this meeting. - MINUTES Resolution #GPA-222-02 ... Moved by Councillor Trim, seconded by Councillor Schell ... THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on May 6,2002 be approved. "CARRIED" ... ... Mayor Mutton advised that the Clarington Backyard Festival was a success with an attendance in excess of ten thousand people and he thanked Mosport for the use of their site and all sponsors. - Councillor Trim advised that the Regional Municipality of Durham is actively pursuing receiving input regarding the smoking by-law and informed Members of the Committee that at 7:00 p.m. on June 26,2002 an open forum will be held at the Garnet Rickard Recreation Complex for reviewing input from members of the public. - 301 - (iP. & A. .\{inures DELEGATIONS \lay 21. 2002 .. Councillor Robinson noted that on Friday, May 17, 2002, the municipality was presented with a Certificate of Appreciation in recognition of the municipality's support for the Royal Canadian Heritage Hike. .. Councillor MacArthur advised that he represented the municipality at the Courtice Carnival which was held by the Courtice Lions Club and this event was very successful. .. ... (a) George Duncan Colbourne, 90 Queen Street, Bowmanville, L 1 C 1 M6 - re: Report PSD-046-02 was called but was not present. ... (b) Teresa Vanhaverbeke, 20 Robert Street W., Unit A, Newcastle, L 1 B 1 C6 - expressed support for the recommendations contained in Report PSD-046-02. ... (c) Bill Humber, Old Bowmanville Neighbourhood Association, 15 Beech Avenue, Bowmanville, L 1 C 3A1 - re: Report PSD-048-02 advised that the residents are appreciative of the spirit of cooperation and the commitment from all parties towards the potential designation of a portion of the Bowmanville Urban Area as a Heritage Conservation District. He hopes that the plan will be fully implemented and suggested that the boundary lines not be too restrictive. .. IlIIiI Resolution #GPA-223-02 .. Moved by Councillor Schell, seconded by Councillor Robinson ... THAT the meeting be "closed" to hear the delegations of Max Lycett, RR #1, Orono, LOB 1 MO and Mel Hartwig, RR #2, Orono, LOB 1 MO pertaining to Confidential Report EGD-26-02 regarding a property matter. IIIIlI "CARRIED" (f) WiI Blight, 99 Mill Street, P.O. Box 232, Orono, LOB 1 MO - re: Confidential Report EGD-26-02 expressed concerns pertaining to the potential removal of twenty-six trees, conflicting perceptions of property lines, devaluation of his property if two houses are allowed to be erected adjacent to his and adjacent properties draining onto his property. IlIIiI ... (g) Joseph and Merridy Ann Burt, 107 Mill Street, Orono, LOB 1 MO - re: Confidential Report EGD-26-02 were called but were not present. IlIIiI (h) IIIIlI Hugh Neill, 2111 Prestonvale Road, Courtice, L 1 E 2S2 - re: Report EGD-28-02 advised prior to the meeting that he would not be addressing Members of the Committee. IIlIII (i) Joe Matasic, 4 Hampstead Gate, Courtice, L 1 E 1 V2 expressed support for the recommendations contained in Report EGD-28-02 and suggested that additional traffic on Robert Adams Drive would be totally unacceptable to the residents. IIlIII IIIIl 302 IIlIII - GP & .-\. '..!inutes - - - - PUBLIC MEETING ... ... - - ... - ... - - \Iay 21. 2002 Resolution #GPA-224-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT the committee recess for ten minutes. "CARRIED" The meeting reconvened at 7:40 p.m. 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 application: (a) Rezoning Application Applicant: Orchard Park Estates (Bowmanville) Inc. Part Lot 10, Concession 2, Former Town of Bowmanville The Planning Services Department sent public notice for the rezoning application, by first class mail on April 17, 2002 to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. A public notice was also posted on the property in question. The notice procedure followed was in compliance with the Ontario Regulations made under the Planning Act. (a) Report PSD-045-02 - Rezoning Application- The purpose and effect of the application is to rezone lands from Environmental Protection (EP) to Urban Residential (R1) to permit the development of 2 semi- detached (link) dwelling units on Scottsdale Drive and to increase the lot depth for 16 semi-detached lots fronting onto Barlow Court and Swindells Street. No one spoke in opposition to or in support of this application. Susan Zucchero, Orchard Park Estates (Bowmanville) Inc. 1140 Sheppard Avenue North, Unit 12, Toronto, M3K 2A2 appeared on behalf of the applicant and expressed support for the recommendations contained in Report PSD-045-02. PLANNING SERVICES DEPARTMENT ... Rezoning Appl. Applicant: Orchard Park Estates (Bowmanville) Inc. - - - - Resolution #GPA-225-02 Moved by Councillor Pingle, seconded by Councillor Trim THAT Report PSD-045-02 be received; THAT the rezoning application submitted by Orchard Park Estates (Bowmanville) Inc. be referred back to staff for further processing and preparation of a subsequent report; and THAT all interested parties listed in Report PSD-045-02 and any delegations be advised of Council's decision. 303 "CARRIED" G.P. & A. .vfinutes - of - \1ay 21. 2002 .. PLANNING SERVICES DEPARTMENT CONT'D. Rezoning Appl. Applicant: Sylvia Vanhaverbeke Monitoring the Decisions of the Committee of Adjustment for the Meeting May 2, 2002 Heritage Conservation District File: PLN 34.2.4.1 .. Resolution #GPA-226-02 Moved by Councillor Trim, seconded by Councillor Robinson lIIIlI THAT Report PSD-046-02 be received; THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Theresa Vanhaverbeke, on behalf of Sylvia Vanhaverbeke, be approved and that the amending by- law, as per Attachment 3 to Report PSD-046-02, be forwarded to Council for approval; Illi Illi THAT a copy of Report PSD-046-02 and Council's decision be forwarded to the Region of Durham Planning Department; and Illi THAT all interested parties listed in Report PSD-046-02 and any delegations be advised of Council's decision. 111IIII "CARRIED" Resolution #GPA-227-02 ... Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Report PSD-047-02 be received; and ... THAT Council concurs with decisions of the Committee of Adjustment made on May 2,2002 for Applications A2002/019 to A2002/022 inclusive and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. ... "CARRIED" Illi Resolution #GPA-228-02 - Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Report PSD-048-02 be received for information; ... THAT all interested parties listed in Report PSD-048-02 and any delegations be advised of Council's decision. 111IIII "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Illi Resolution #GPA-229-02 Moved by CouncHior Rowe, seconded by Councillor MacArthur .. THAT the foregoing Resolution #GPA-228-02 be amended by adding the following wording thereto: "and .. THAT any reference to designated political representation on the steering committee be deleted from Paragraph 3.3 of Report PSD-048-02." ... 304 "CARRIED" .. .. (J.P. & A. \t1inures - 5 - \lay 21. 2002 - PLANNING SERVICES DEPARTMENT CONT'D. ... ... Confidential Report - Property Matter ... ... The foregoing Resolution #GPA-228-02 was then put to a vote and CARRIED AS AMENDED. Resolution #GPA-230-02 Moved by Mayor Mutton, seconded by Councillor Pingle THAT Confidential Report PSD-049-02 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" ENGINEERING SERVICES DEPARTMENT Councillor MacArthur chaired this portion of the meeting. ... Confidential Report - Property Matter - - ... Newcastle Bond Head Ratepayers Association - Traffic Concerns ... ... - ... ... - - - - Resolution #GPA-231-02 Moved by Mayor Mutton, seconded by Councillor Schell THAT Confidential Report EGD-26-02 be referrred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" Resolution #GPA-232-02 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report EGD-27-02 be received; THAT the request for an all-way stop at the intersection of Mill Street South/Port of Newcastle Drive and Clarke Street be denied; THAT the existing traffic controls related to the Port of Newcastle development and the intersection of Mill Street and Port of Newcastle be approved by Council; THAT Durham Regional Police be requested to provide periodic enforcement of the "fail to stop" violations for northbound traffic on Mill Street at the intersection with Port of Newcastle Drive in Newcastle; and THAT Council approve the by-law attached to Report EGD-27-02. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-233-02 Moved by Mayor Mutton, seconded by Councillor Trim THAT the foregoing Resolution #GPA-232-02 be amended by deleting the word "denied" from the second paragraph and replacing it with the word "approved"; and 305 G.P. & A. .\[inutes - 6 - .\1ay 21. 2002 . ENGINEERING SERVICES DEPARTMENT CONT'D. Prestonvale Road Improvements IIlII THAT the third paragraph be deleted in its entirety. "CARRIED" ... The foregoing Resolution #GPA-232-02 was then put to a vote and CARRIED AS AMENDED. Resolution #GPA-234-02 - Moved by Councillor Schell, seconded by Councillor Rowe - THAT Report EGD-28-02 be received; THAT a copy of Report EGD-28-02 be provided to residents who attended the Information Centre; .. THAT the "Traffic Analysis and Classif~cation Review" report prepared for Prestonvale Road prepared by Totten Sims Hubicki Associates (TSH) be submitted to the Clarington Traffic ManagemenfAdvisory Committee along with comments received at the Information Centre for their information; - .. THAT staff be authorized to commence preparation of an application to amend the Clarington Official Plan to redesignate Prestonvale Road from Bloor Street to Robert Adams Drive as a collector road from its current designation of local road; and ... THAT a public meeting be scheduled as soon as possible for consideration of this issue. .. "CARRIED" ... Councillor Trim chaired this portion of the meeting. OPERATIONS DEPARTMENT Bowmanville Branch Library/MAC Expansion .. Resolution #GPA-235-02 Moved by Councillor Rowe, seconded by Councillor Robinson ... THAT Report OPD-009-02 be received for information. ... "CARRIED" Councillor Robinson chaired this portion of the meeting. ... EMERGENCY SERVICES DEPARTMENT Monthly Response Report - April, 2002 Resolution #GPA-236-02 .. Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report ESD-009-02 be received for information. .. "CARRIED" 306 .. IIIIIIi .. GP &: A. \Iinutes - \!ay 21. 21)02 COMMUNITY SERVICES DEPARTMENT ... ... CLERK'S DEPARTMENT - Animal Monthly Report for the Month of April, 2002 - ... ... Appointment of By-law Officers To the Municipal Law Enforcement .. ... - .. There were no items considered under this section of the agenda. Councillor Pingle chaired this portion of the meeting. Resolution #GPA-237-02 Moved by Mayor Mutton, seconded by Councillor Trim THAT Report CLD-20-02 be received for information; and THAT a copy of Report CLD-20-02 be forwarded to Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" Resolution #GPA-238-02 Moved by Mayor Mutton, seconded by Councillor Robinson THAT Report CLD-23-02 be received; THAT Jacqueline Mainguy be appointed as a Municipal Law Enforcement Officer; THAT Stephen Grigg and Kathe Groen be appointed as temporary Parking Enforcement Officers; and THAT the By-laws appointing Jacqueline Mainguy, Stephen Grigg and Kathe Groen be approved. "CARRIED" ... CORPORATE SERVICES DEPARTMENT Mayor Mutton chaired this portion of the meeting. ... CL2002-5, One (1) 2002 Cab & Chassis, 35,000 GVW - ... - - - Resolution #GPA-239-02 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-019-02 be received; THAT Altec Industries Ltd., Milton, Ontario, with a total bid in the amount of $154,361.05 (including taxes and trade-in), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2002-5, be awarded the contract to supply One (1) 2002 Cab and Chassis, 35,000 GVW, as required by the Municipality of Clarington, Operations Department; and THAT the funds be provided from the 2002 Operations Vehicle/Heavy Equipment Account #7203-00000-0504. 307 "CARRIED" G.P. & A. .'vhnutes - 8 - .'vIay 21. 2002 .... FINANCE DEPARTMENT IIliII There were no items considered under this section of the agenda. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT ... There were no items considered under this section of the agenda. ... UNFINISHED BUSINESS There were no items considered under this section of the agenda. ... OTHER BUSINESS There were no items considered under this section of the agenda. ... Resolution #GPA-240-02 Moved by Councillor Rowe, seconded by Councillor Robinson ... THAT the meeting be "closed" for consideration of Confidential Reports PSD-049-02, EGD-26-02 and verbal Confidential Report of the Director of Planning Services regarding property matters. .. "CARRIED" .. Resolution #G P A-241-02 Moved by Councillor Schell, seconded by Councillor Rowe till THAT the actions taken at the "closed" meeting be ratified. "CARRIED" ... Confidential Report - Property Matter Resolution #GPA-242-02 ... Moved by Councillor Schell, seconded by Councillor Robinson THAT Confidential Report EGD-26-02 be received; ... THAT Part 4, Plan 40R-XXXXX (shown on the Key Map- Attachment 1) to Confidential Report EGD-26-02, being part of the unnamed street between Blocks 2 and 3, according to C. G. Hanning's Plan, of the Village of Orono, be declared to be surplus property and the appropriate by-law be passed; ... THAT staff be authorized to advertise a public hearing, as required by the Municipal Act, to stop up and close and authorize conveyance of a portion of the unnamed street between Blocks 2 and 3 C'f C. G. Hanning's Plan of the Village of Orono to Mel Hartwig a,lC~ Max Lycett; ... III THAT, if following the public hearing, Council approves the by-law to stop up and close and convey Part 4, Plan 40R-XXXXX, the Mayor and Clerk be authorized to execute the necessary documents to complete the transaction; .. 308 .. .. .. liP. & A. \1inutes - - - ADJOURNMENT - - ... - - .. .. ... - - ... - - - - _ l) _ \[av .:: 1. '::002 THAT the Clerk obtain written approval of the by-law to close and convey Part 4, Plan 40R-XXXXX, be registered mail, from the Region of Durham: and THAT Mel Hartwig and Max Lycett be advised of Council's decision. "CARRIED" Resolution #GPA-243-02 Moved by Councillor Robinson, seconded by Councillor Rowe THAT the meeting adjourn at 9: 15 p.m. 'CARRIED" MAYOR DEPUTY CLERK 309 .. PUBLIC MEETING REPORT d PSD - 050 - 02 GILBERT TROLLY - c.{~mglon CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING - Development Application by: Gilbert Trolly ... TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, as amended. - Monday, June'3, 2002 9:30 A.M. Council Chambers, Municipal Administrative Centre, 40 Temperance-St, Bowmanville, Ontario The propoeedzoning by-law amendment. as submitted by Gilbert Trolly, would change the zone category of a 2,710 m2 (0.67 acre) property from "Agricultural (A)" to an appropriate zone to pennit the creation of two (2) lots for single detached homes. DATE: TIME: PLACE: ... - - The lands subject to the application are located in Part Lot 9, Concession 2, former Town of Bowmanville, as shown on the reverse. The lands in question are not subject to any other applications at this time. 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. IF A PERSON OR PUBLIC BODY wishes to make a written submission or if a person or public body wishes to be notified of subsequent meetings or the adoption of the proposed Amendment please write to Mr. David Crome, Director, Planning Services, Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. IF A PERSON OR PUBLIC BODY that files an appeal has not made a verbal submission at a public meeting or has not made a written submission to the Municipality of Clarington before the proposed Zoning By-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, Municipal Administrative Centre, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Bob Russell at (905) 623-3379. Dated at the Municipal~y of Clarington this d- S" n.... day of ~ 2002 Planning File: ZBA 2002-013 - ... - - - ... - - ;3.~~/~ David J. Crome, M.C.I.P., R.P:~. Director, Planning Services Deparbnent Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3A6 - - - 501 CONCESSION Bowrnanvl.1e Key Map L~~') .. ...... '" ~ ~ ...... <., .. "./ ------- --r- .. ..~ 1 storey two a Irame ....... 44.256 ... 21 "'-6.J ~ -. .... ;~4.. LOT - 7ll2.5 8q.ftL .../ KSE - Q7Sm C--...,. _ " ~"J .../ 44.275 -ll.! LOT - 7U5 ....... H9[ - Q715m ~- .S ~-'1-, -JlJ..~.,., ;; J~ .,J.I",,~ ~ :l ...s.-~# ... .. .. .. ~ ~ ~ c" ~ ~ ~ ~ I I , I I , I , ~ . I ...~ ~- 8 ~. r_ 'I .~~.. ~"" LOT - 1207.. ~ .... HE - .a.2.~ ... ~-U111 ~. .. .. ...-i'.' ~tf 'Wt.~ 1Tr 44.281 ~ ., '" ~.. .. ~ 1 ....., ...... a "ci: ~ "" .. ~, I ~"-~ ~ I , ~,..t , I I -t~--L________ ". ~ .. ..... ..-.. .. --- STREET .. E AS T .... ZBA 2002-013 Zoning By-law Amendment ... Gilbert Trolley III III 502 III .. PUBLIC MEETING REPORT 1 PSD - 057 - 02 ST. STEPHEN'S ESTATES INI - c.~!1!iPn CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING - Development Application by: St. Stephen's Estates Inc. ... 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. - Monday, June 3, 2002 9:30 A.M. Counal Chambers. Municipal Administrative Centre. 40 Temperance St., Bowmanville, Ontario The propoeed official plan amendment would remove the Medium Density Symbol to pennit the construction of semi-detached dwellings instead of townhouse units. DATE: TIME: PLACE: - - The lands subject to the application are located at Lot 8, Concession 2, former Town of Bowmanville, as shown on the reverse. .. ANY PERSON may attend the public meeting and/or make written or Yefbal representation either in support of or in opposition to the proposal. Please note that the time listed above reflects the time at whidl the General Purpose and Administration Committee Meeting commences, not necessarily when this item will be considered. IF YOU wish to make a written submission in respect of the Official Plan Amendment Application, it should be made to Mr. David Crome. M.C.I.P., R.P.P., Director of Planning Services at the address given below. IF YOU wish to be notified of the adoption of the proposed Official Plan Amendment you must make a written request to the Cler1(s Department at the address given below. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is detem*1ed 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 appeaJ 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 Of'fic:ial 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. and 5:00 p.m. at the Planning Services Department. Municipal Administrative Centre. 40 Temperance Street, Bowmanville, Ontario L1C 3M, or by calling Susan Ashton at (905) 623-3379. .. .. ... ... .. - - Dated at the Municipality of Clarington this Planning Files: COPA 20021005 r-~. f\)~~ ~ David J. Crome, M.C.I.P., R.P:P. Director, Planning Services Department Municipality of Clarington d..S- day of ~'-c 2002 .. 40 Temperance Street et Bowmanvllle, Ontario L 1 C 3A6 - - 503 - \. I I I I I J SPRUCEWOOD CRES ~ i .~ ; /. '---I MADDEN PLACE "'\---~ V7~ ~ ~ ~~ ~//~~~ .// j W 'II/ 'I//~ ~~ ) ::::> MADDEN PLACE z '\ w ~ :,. \ en \ z \ \ a:::: L5 HUTTON PLACE \ ~ ~I' -\ //,/. I- ;; ~/ Jo";;~ II , ./ HUTTON PLACE ~~ ~~ z L..- -- '- 1\ SPRUCEWOOD CRES D. Bowmanvtlle Key Map . ~ J , III III .. ...' .. .. .,' .. ." ... / f (J \ ~ \ . ~ \1 .. ... COPA 2002-005 Official Plan Amendment Sl Stephen's Estates Inc. .. II 504 .. III - - Cl~-!lJgton REPORT PLANNING SERVICES - ... - Meeting: Date: PUBLIC MEETING GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday. June 3, 2002 Report #: PSD-050-02 File #: ZBA 2002-013 By-law #: !III Subject: REZONING APPLICATION APPLICANT: GILBERT TROLLY - RECOMMENDATIONS: - ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-050-02 be received; - 2. - 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 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. - - - c./! / I' /r, Submitted by: y'{ - /~- David J. rome, MCIP, R.P.P. Director, Planning Services . ~ l"&- ,c_r ~ [\...J"-z1- RevIewed by: Franklin Wu Chief Administrative Officer - BR*L T*DJC*sh May 23,2002 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - - 601 - REPORT NO.: PSD-050-02 PAGE 2 - 1.0 APPLICATION DETAILS - 1 .1 Owner: 1.2 Agent: 1.3 Zoning: Gilbert Trolly (same as above) From "Agricultural (A)" Zone to an appropriate zone to permit two (2) single detached lots. 2.712.6 m2 (0.67 acres) ... ... 1.4 Area: ... 2.0 BACKGROUND 2.1 On April 11 , 2002, the Planning Services Department received an application to amend Zoning By-law 84-63 in order to permit the develoDment of two (2) single detached dwellings. .". - 2.2 The two (2) proposed single detached dwellings will be located north of 11 Bradshaw Street. The more formal location description is Part Lot 9, Concession 2, former Town of Bowmanville. - ... 3.0 LAND CHARACTERISTICS AND SURROUNDING USES .. 3.1 The subject property has an existing house which will remain. 3.2 The surrounding land uses are as follows: ... North - South - East - West - Urban Residential with single detached dwellings Hydro Sub-station Urban Residential with semi/link dwellings Bradshaw Street and beyond, Urban Residential with single detached dwellings ... .... 4.0 PUBLIC NOTICE AND SUBMISSIONS ... 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the Bradshaw Street frontage. - 4.2 As a result of the public notification process, to date, the Planning Services Department has received one (1) telephone inquiry. Clarification as to the proposed location of the proposed dwellings was provided. .. .. 602 .. .. - REPORT NO.: PSD-050-02 PAGE 3 - 5.0 OFFICIAL PLAN CONFORMITY - 5.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area in the Bowmanville Urban Area. The application conforms. 5.2 Within the Clarington Official Plan, the subject property is designated as Urban Residential. The application conforms. - 6.0 ZONING BY -LAW COMPLIANCE - - r3.1 'Nithin Comprehensive Zoning By-law 84-63 ot the former Town or Newcastle, the subject property is zoned "Agricultural (A)". The proposed development does not conform, hence, the necessity for the submission of a rezoning application. - 7.0 AGENCY COMMENTS ... 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Comments received to date are as follows. .. .... 7.2 The Clarington Engineering Services Department offered no objections in principle to the application. Detailed comments pertaining to any future severance applications will address all servicing issues through the Municipality's Design Criteria and Standard Drawings, cash-in-lieu of parkland requirements and front ending agreement costs as applicable to the property. The applicant has been forwarded a copy of these potential comments. - - ... 7.3 Veridian Connections also offered no objections to the application, noting the applicant will be required to submit an application to obtain specific approval of any electrical service arrangements and related works associated with the development of these lands through the land division committee process. Any and all works must comply with the Corporation's requirements and specifications. - .... - 7.4 The Regional Works Department notes municipal services to the proposed lots were installed with the reconstruction of Bradshaw Street. At the time of construction, five (5) sets of service connections were installed to the subject - ... 603 - REPORT NO.: PSD-050-02 PAGE 4 .. property. The existing dwelling, 11 Bradshaw Street, utilizes one (1) set of service connections. The applicant must pay sanitary sewer and water frontage charges on approximately 23.165 metres and sanitary sewer and water main connection charges for two units as a requirement for severance. .. .. - 7.5 Staff would note, although an additional three (3) sets of sewer connections were provided at the time Bradshaw Street was reconstructed, the c30plicant has indicated he only wants to create two larger residential lots instead of the three (3) originally contemplated. There is adequate frontage and a set of service connections for one more residential lot on the subject property, south of the existing dwelling, which the applicant may choose to develop at a later date. ... .. .. 7.6 Comments remain outstanding from: Regional Planning Department, public school board, French-language public school board, separate school board, and French-language separate school board. ... .. 8.0 STAFF COMMENTS 8.1 As the purpose of this report is to give the status of the application for the public meeting, it is appropriate to have the application referred back to staff for further processing. .. .." .. Attachments: Attachment 1 - Site Location Key Map and Site Plan ... Interested parties to be notified of Council and Committee's decision: Gilbert Trolly Mr. Peebles 11 Bradshaw Street 7 Kershaw Street Bowmanville, Ontario Bowmanville, Ontario L1C2H4 LL:;4S4 .. .. III fill '~ .. 604 .. - I ATTACHMENT 1 - - ... ... - - - ... .. .. .... - ... .. 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HlIE .. 111.2 .~ l'l c-ogi .. 1;1.1 II '''''. .....--- I I l", ~ I ~I. ...~..~ - - -- - --- --.J /. .... ~.l1 --- CONCESSION STIlEET E AS r ZBA 2002-013 Zoning By-law Amendment Gilbert Trolley 605 .. - Cl{J!:j!lglOn REPORT PLANNING SERVICES PUBLIC MEETING l!Ir - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 3, 2002 - Report #: PSD-057 -02 File #: COPA 2002-005 By-law #: - Subject: OFFICIAL PLAN AMENDMENT APPLICATION APPLICANT: ST. STEPHEN'S ESTATES INC. .. RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report PSD-057-02 be received; - 2. THAT application to amend the Municipality of Clarington Official Plan submitted by St. Stephen's Estates Inc. be DENIED; .. 3. THAT a copy of this report be forwarded to the Region of Durham; 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. ... - ... Submitted by: David . Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: j f- ",-"J'J:::_ D~LL Franklin Wu, Chief Administrative Officer - ... SA *DJC*lw May 28, 2002 - CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1 C 3A6 T 905-623-3379 F 905- 623-0830 - 606 ... REPORT NO.:PSD-057-02 .... PAGE 2 2.0 2.1 3.0 3.1 3.2 .. 1.0 1.1 APPLICATION DETAILS Owner: St. Stephen's Estates Inc. ... 1.2 Applicant: Legends Consulting ; .3 - Official Plan Amendment Application: To change the designation on the subject lands from .'Urban Residential- .- Medium Density" to permit the construction of semi-detached dwelling units instead of townhouse units. resulting in a reduction of thirteen housing units. .. 1.4 Site Area: I .2 hectares (3.0 ac) LOCATION .. The subject lands are located in draft approval Plan of Subdivision 18T-88037 on _ Madden Place and Hutton Place, in Bowmanville (see Attachment 1). The property is contained within Part Lot 8, Concession 2, in the former Town of Bowmanville. .." BACKGROUND ... Plan of subdivision 18T-88037 was draft approved on April 11, 1990, with a total of 489 dwelling units. This was comprised of 183 single detached dwellings, 198 semi- ., detached (linked) dwellings, 68 townhouse units and a multiple housing block for 40 units. .." The subject application was received April 15, 2002 proposing to delete a medium .. density symbol in the Clarington Official Plan. Draft Approved Plan of Subdivision 18T- 88037 illustrates six townhouse blocks containing forty-nine townhouse units in the area .. of the future Madden Place and Hutton Place. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The existing site is currently vacant. All abutting lands are currently under COf"lstruction .. within Plan of Subdivision 40M-2048 are currently under construction. . .. 607 .. .. - REPORT NO.:PSD-057-02 PAGE 3 - 4.2 Surrounding Uses: East: Residential - proposed semi-detached (linked) dwellings North: Residential - proposed semi-detached (linked) dwellings West: Residential - proposed single detached and townhouse dwellings - - - 5.0 OFFICIAL PLAN POLICIES 5.1 The lands are designated "Living Area" within the Durham Region Official Plan. Living Areas shall be used predominately for housing purposes. Durham Region Official Plan encourages a variety of housing types and provides for a gross density of development of 17.5 units per acre in Bowmanville. - ... - 5.2 The Clarington Official Plan designates the subject lands as "Urban Residential- Medium Density". Urban Residential areas shall be used predominately for housing purposes with a net density of 31-60 units. Net density provides a range of dwelling units (31-60 units per net hectare), which is the overall density of a site excluding public roads, public parks, non-developable land, school site and similar public land uses. The construction of the semi-detached dwellings instead of townhouse units will not achieve the medium density symbol, thus requiring the Official Plan Amendment. .... .. - ... 6.0 ZONING BY -LAW CONFORMITY 6.1 The subject lands are currently zoned "Urban Residential Type Three (R3}", which permits single detached dwellings, semi-detached (linked) dwellings and townhouses. The application would conform with the provisions of the Zoning By-law. .. - 7.0 PUBLIC NOTICE AND SUBMISSION · 7.1 Public notice shall be given by mail to each landowner within 120 metres of the subject site and three public meeting notice signs were installed on the lands, one facing "? Mearns Avenue and one each on the stub of future streets, Madden Place and Hutton Place, facing Sprucewood Crescent. .. 7.2 As of the writing of this report, no inquires have been received on this application. - b08 - 8.3 9.0 9.1 - REPORT NO.:PSD-057-02 PAGE 4 ... 8.0 8.1 AGENCY COMMENTS The following agencies provided comments of no objection to the Official Plan Amendment application: · Clarington Emergency Services · Clarington Building Division · Veridian Connections ... - ... 8.2 The Clarington Engineering Services has no objections In pnnciple to the proposed amendment subject to the following conditions: 1) The applicant will be required to enter into an amended Subdivision Agreement with the Municipality to address any changes deemed necessary by the Director of Engineering Services. The applicant will be required to provide additional financial security deemed necessary for this development. .. ... .. 2) The applicant will be required to provide engineering and grading plans in support of the proposed amendment subject to the approval of the Director of Engineering Services. .", The Regional Planning Department has verbally indicated that this application is exempt .. from Regional approval, in keeping with their previous exemption of the removal of the medium density symbol from Phase 1 of the plan of subdivision (18T-88037). ..;:f ... COMMENTS . The Apple Blossom Neighbourhood is located north of Concession Street East and extends from Liberty Street to the west side of Soper Creek, south of the C.P. Rail line. _ This "Neighbourhood" contains five medium density symbols. Table 9.2 in the Clarington Official Plan indicates a medium density housing target of 275 units. The ... plans for these lands indicate 17 percent of the dwelling units (or 256 units) would be medium density. At this time 117 medium density units have been constructed, """ on Chance Court, and on townhouse sites operated by Durham Non-Profit Housing Corporation and Participation House. The elimination of the subject townhouse units ~ will reduce the percentage of medium density dwellings to 12 percent for this Neighbourhood. There are no high density dwelling units in this Neighbourhood, thus ." the balance of dwellings, 88 percent, would be low density dwelling units. 009 filii .. .. - - .. - - .. .. .... .. .. ... - - - ... ... - - REPORT NO.:PSD-057-D2 PAGE 5 9.2 Draft plan of subdivision 18T-88037 was originally submitted in 1988, and received draft approval approximately ten years ago. The applicant has indicated that the market has changed considerably and townhouse units are not in as high demand. The eighteen townhouse units within the first Phase were eliminated through the removal of the medium density symbol in 2000, leaving forty-nine townhouse units within Phase 2 and forty units for the balance of the lands. 9.3 Initially draft approved plan of subdivision 18T-88037 contained three medium density symbols, with a total of 109 medium density units. The remainder of the subdivision was low density. In 2000, St. Stephen's Estates received approval for the removal of the medium density symbol on Lownie Court. Twenty (20) proposed townhouse units were replaced with eighteen semi-detached dwellings. This is the second submitted application by St. Stephen's Estates requesting the removal of the medium density symbol from this subdivision, leaving one medium density symbol for a proposed forty (40) medium density units. This is a decrease of 69 medium density units. 9.4 The Municipality's Official Plan states that opportunities to promote future transit usage should be incorporated wherever possible. Walking distances to transit are to be minimized by, among other matters, locating higher density developments adjacent to arterial roads. The townhouse blocks that St. Stephen's Estates wishes to remove within this portion of the draft plan of subdivision are located adjacent to Mearn's Avenue, a Type C Arterial road. 9.5 The Official Plan states that a proposed plan of subdivision should generally provide a mixture of housing forms and density, which allows each neighbourhood to achieve a desirable housing mix. Housing Policies states that within each urban community, such as Bowmanville, a target mix of 70% low density, 20% medium density and 10% high density is desirable. This is the third application the Municipality of Clarington has received, requesting the removal of the medium density symbol within the Bowmanville Urban Area. In 1999,75 medium density units were removed from the Bowmanville 610 . REPORT NO.:PSD-057-02 PAGE 6 .. West Main Central Area and, as noted previously, in 2000 18 medium density units .. were removed from the first phase of construction of this plan of subdivision. 9.6 - The policies of the Official Plan, to provide a variety of housing forms and densities, will not be met with the continued removal of these medium density symbols. .. 10. CONCLUSIONS 10.1 Although staff do not normally recommend the disposition of an application at a Public Meeting, in this instance all agency comments have been received and there is no public concern anticipated. Consequently, in consideration of the comments contained within this report, staff recommend denial of this Official Plan Amendment application. - .. .. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Amendment - Map A3, Land Use of the Bowmanville Urban Area """ .. rttj/I Interested parties to be notified of Council and Committee's decision: .. - St. Stephen's Estates Inc. 115 Woodstream Boulevard Unit 13 Woodbridge, ON L4L 8K5 .. Legends Consulting c/o John Perdue 4891 Dundas Street West Suite 3 Etobicoke. ON M9A 1B2 .. . ... .. 6 1 ) III .. - \. I I I I I ) SPRUCEWOOD CRES JIlt .. ? b I/~ i r--J ~ /'-----, . ------ ----- -- ... MADDEN PLACE " .. /0~"/" I. I. "/ij'"/ /. ;, MADDEN PLACE ... '- ,--1.---- w ::> z w ~ - "/ "/,/ "/ ~ "/ '/"/ "/ ~ \ \ '\ '\ \ ... (f) z a:::: L5 ~ HUTTON PLACE ~~ // '/~ !)\ ... ~ '/ "/ .~ .. HUTTON PLACE W/~ ~'/ f'/ ~~ '/I/ -- .. .. D. - Bowmanvllle Key Map . & - 612 ! , COPA 2002-005 Official Plan Amendment .. AITACHME ( \ \ \ \ ... St. Stephen's Estates Inc. II ... ATTACHMEr .. .... MAP A3, LAND USE, BOWMANVILLE URBAN AREA ... ../------ -----------. ... ... J .. ..., .. .. .. ., ... ., 613 .. ... - - .. PROPOSED AMENDMENT TO THE OFFICIAL PLA.l\l .. - Purpose of the Amendment: The purpose of this amendment is to remove a Medium Density Symbol in the Bowmanville Urban Area to permit Low Density development. .. Location: The subject site is identified on the attached Exhibit A. The propeny is contained within Part Lot 8, Concession 2, in the former Town of Bowmanville. - Basis: The proposed change will permit the development of semi-detached dwellings (linked) instead of the proposed townhouses. ... - Actual Amendment: The Clarington Official Plan is hereby amended by amending Map3, as indicated on Exhibit A. - Implementation: The provisions in the Clarington official Plan, as amended, regarding the implementation of the Plan shall apply to this Amendment. - Interpretation: The provisions in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. - - - ~ - .. 614 - , r- - ---.- - I I -e. I I ... I - -- ... ... L , M ~'lM-i ;~ \0 ~~n ~M~("..;J ... .. ... ... WI .. ... .. ... ..~~ -=-~ a PI8JC ~~ ~HOOl ~ = Il[SIl)(NTW. -~~ S SlP_TE .. S(C~ SCHQ()l D - II[5IOOfTW. _ \/TUN ~ PflN'AT[ ~C()N()ARY SCHOOl [ID~ ~ [NWlOHloI[KTAl. .- PuBLIC . . PII01U:TlOH AltO El(W(NTAR'r 'SCHOOl LAKE C::W~ [][] ~ _ GR[[N Sf'0C( w'i SEPARATE .. [lEW(HT_ ~HOOl MAP A3 - ..... ~ -.. _ WAT[ItfltON1 CR[[NWAY a PftNA'[ nCW(NT_ ~H()/)l LAND USE _ lOCAl. CENTRAl. -.. _ COIAtUNIt'< ._ -- $( ( QNOAPY PIANNtHG "'0 BOWMANV1U.E URBAN AREA NOCHBCllJllHOOO . _____._ "iPECIAl POUCT AIf~ ., . OISTIIICT P_ ClfF1CW. PLAN COloA<<IIClAl. "UNIC1PAUTY Of ClAAlNGTON __YC~ . NOCHBCllJllHOOO P_ .......... S"ECw.. STUOV AR(.A. rtIIft.IflrIn' 2. 1", I=.:=::-~~~~I ~ AGCRt:CAT[ '* T()URISI< HOOE 4=: GO ';UTI()N .,... [XTRllCTlON."o- .. PROPOSED AMENDMENT AS SUBMITED BY APPLICANT TfIIII 6/5 f.q .. .... .. ClfJ!JlJgton REPORT - PLANNING SERVICES .. Meeting: .. Date: Report #: - Subject: .. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday June 3. 2002 ?SD-051-02 File #: SBA 2002-001 By-law #: SIGN BY-LAW AMENDMENT APPLICATION APPLICANT: WILLSONIA INDUSTRIES LIMITED .. RECOMMENDA TIONS: ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. - 2. .. THAT Report PSD-051-02 be received; 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; - 3. THAT the attached by-law be APPROVED by Council; and - 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - ~I Submitted by: Reviewed by: Davia J rome, MCIP, R.P.P. Director of Planning Services -') , /" " --.' {n,,_1z...J. . _ G,,--LC Franklin Wu. Chief Administrative Officer - - RH*L T*DJC*sn May 24. 2002 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-0830 - 6i6 REPORT NO.: PSD-051-02.doc .", PAGE 2 ... 1.0 LEGISLATION ... 1.1 Section 207 of the Municipal Act, Subsection 146 allows Council to authorize..., amendments to the Sign By-law. if in the opinion or CouncIL the general intent and purpose of the by-law is maintained. ... 2.0 BACKGROUND AND PROPOSED AMENDMENT .. 2.1 On April 15, 2002, 1307309 Ontario Limited (Burger King), on behalf of Willsonia .. Industries Limited, submitted a sign by-law amendment application 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. The brick base would architecturally match the fencing pillars that exist along Highway 2. ... 2.2 The subject lands are located at 105 Clarington Boulevard in Bowmanville (see _ Attachment 1). The property, owned by Willsonia Industries Limited, contains the Cineplex Odeon cinemas, East Side Mario's restaurant, and Burger King restaurant. .. Site access is also available from Highway 2 and Uptown Avenue. .. 2.3 The sign by-law currently permits only one group identification sign on each property. This may be in the form of a pylon sign with a maximum height of 7.5 metres and a .- maximum sign area of 7.5 square metres on a ground sign with a maximum sign area of 3.75 square metres. The existing pylon sign for Cineplex Odeon cinemas was subject .. to a sign by-law amendment application in 1996 under the Municipality's former sign by- law. Council approved an increase in height from 6.1 metres to 6.35 metres with an .- area increase from 9.29 square metres to 13.94 square metres. This sign was erected along the Highway 2 frontage. .. .. 'Ji7 ... - - - - - - - - - ... .. - - - - - - - - - REPORT NO.: PSD-051-02 PAGE 3 2.4 In addition to the wall and directional signage approved for the Burger King restaurant. a ground sign along Highway 2, with a sign area of 0.84 square metres on a 0.46 metre high base, was approved for Burger King through site plan approval of their building. 2.5 The existing Burger King restaurant is located on the north side of Highway 2, but framed by Ken Hooper Memorial Fire Station to the east and by the East Side Mario's restaurant and Cineplex Odeon theatres to the west. Although the zoning would have permitted the building to be street-front oriented, Burger King s parent company decided to locate the building in its present location. The restaurant's current owner maintains that due to insufficient signage and visibility, more prominent signage is necessary. 3.0 STAFF COMMENTS 3.1 Although the existing development was approved under the previous sign by-law, a major goal of Sign By-law 97-157 is to limit excessive commercial signage along roadways in Clarington. The by-law permits one ground or pylon sign for a multiple business site to serve as group identification signage for large commercial properties. Clarington Centre, the commercial development that contains Zellers and Loblaws, was approved within these sign height and area parameters. 3.2 A site inspection revealed that the restaurant's visibility is obscured by the presence of the East Side Mario's restaurant and the fire station. Although the visibility to westbound traffic is not affected as greatly, exposure to eastbound traffic is limited because the centre median on Highway 2 prevents traffic from turning around once it has passed the restaurant. A larger sign would benefit their level of exposure. 3.3 Although signage for Clarington Centre has been limited to that permitted under the Sign By-law, site exposure is greater from both directions than that of the Willsonia Industries Limited development because of the curve in Highway 2. With good visibility, Sl8 REPORT NO.: PSD-051-02 .. PAGE 4 3.4 3.5 westbound traffic has the ability to enter the plaza through Clarington Boulevard. Eastbound traffic can enter the site either at the McDonald's restaurant or at Clarington ... Boulevard. .... The applicant had requested a larger ground sign with an area of 2.75 square metres and a height of 3.81 metres. Staff cannot support the larger sign for two reasons. ... - · The proposed sign for Burger King should clearly be secondary to the principle identification signage for the Cineplex Odeon theatres. till · Staff do not with to establish a precedent for the introduction of large single business signage in West Main Central Area. .. While Staff have some concerns about any additional signs, Staff are willing to support .. the sign by-law amendment application to permit a second ground sign with a height of 3.20 metres and a total sign area of 1.92 square metres for the following reasons: · It replaces an existing sign which is not visible while travelling from the east. · With the restaurant's more limited visibility, this would provide Burger King with a higher sign to increase its exposure to east, and westbound traffic. · The sign would also be architecturally in keeping with the fencing treatment along Highway 2. · The proposed sign area is clearly secondary to the principle sign for the Cineplex Odeon theatres. .. .. .... 4.0 CONCLUSIONS .... 4.1 Staff respectfully recommend that this application be APPROVED for a second ground sign with a height of 3.2 metres and a total sign area of 1.92 square metres. - .. Attachments: Attachment 1- Attachment 2- Attachment 3 - Attachment 4- .. Key Map Site Plan Proposed Ground Sign Proposed Sign By-law Amendment .. .. 619 .. .. .. REPORT NO.: PSD-051-02 PAGE 5 .... Interested parties to be advised of Council's decision: .... Willsonia Industries Limited 140 Bond Street West P.O. Box 488 OSHAWA, Ontario L1 H 7L8 .... - Marissa Jollvmore i 307309 Ontario limited : 05 Clarington Boulevara BOWMANVILLE, Ontario L 1 C 4Z3 ... - ... .... ... - - .. - ... - - ... I ~ i ui..J ... LOT 16 LOT 15 Attachment 1 a < o a::: T T T T f T o < o a::: z w w a::: <.::> I I I I I I I I I I I I I ---- ....J < z o - '" w a::: ~ zT o - ~T u, z: 8T r T T T T r ~~ ~~\; so~ ~\J\j 0(\0 '5v~c<V _ Subject Site 105 Clarington Boulevard, Bowmanville r Bowmanvllle Key Map SBA 2002-001 .. - .. ... .... .. I .J / ~ .... :.J ~ ... .... ca o .... - l L o ... AITACHMENT 2 1..____ . ~" ==1,..:.,.; . , ! lP! J -. I (~~, ':~ $(- ('-..., , .! ',--' 01 ,-. Cl I I /---- i 1- jI J: \ '\ --, -.k) , ---i ,--, -----'1 .....'-J J ~~ ,-, \.:) CONe. '- /~~ / -->./ ' '- ,',) "-- .;'/ ......, ", __ IOIOG I .. IUlG. ~ I ~ r ~- ! , "mROVf&.SITE PLAN . , -.../ \ " (. I I," r-:\ ~ I /- ~..---~_\><j . L-- ~~ c;.. '- I \ DIRECTOR OF PLANNI~-&J D~l~ . (7, ) f Date REPLACE EXISTING' (;. S/''' oJ' PUCE: ICW , 'PAWRS '. 00 MA1tIt ElIST.) I ft/ 0<:8 I J (IN (nP.) ..,.em i I I . I I , . SIGN WITH o "u o ----- .... 712) ,2'Snwft SN ... E =- ~1JI lS ~ ..~ - ~. =- .ol '.~ ~/ \.. ~ // \ ~on I - NI \\ HIGHW A Y NOl0 2 \) - ~~ I ,n, SCALE 1: 50( CLARINGTON PLACE LIMITED BURGER KING ENTRANCE BOWMANVILLE - MUNICIPALITY OF CLARINGTON 00\1(: APRIl 1 gge - ~ a tottet .. bubicki ISSOCiItH ~ 0lGlHUJlS UCHlT[CTS AHD I'lNlNUS ;::! llJ lIiiIiII SIIIi. p.o. .. to. ~ ~ I!l . o 12-1073' - DROJECT No., OWG.Ho" SK-3 U;> (:) (:) -' ~ C\I ATTACHMENT 3 PROPOSED BURGER KING SIGNAGE ... .. r- 4'-0' ---l .. (:) . ~ N ~._...._u ;:==s:::-.~~--_==~._~ I c." (:) -' ~ SBA 2002-001 623 .. ,. ATTACHMENT 4 - ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- - being a by-law to amend Sign By-law 97-157, as amended of the Municipality of Clarington - WHEREAS Chapter M.45, Subsection 207 (146) of the Municioal Act. R.S.O. 1990. as .... amended, provides for the creation and amendment of By-laws regulating or prohibiting the erection of signs and provides for the charging of fees for inspection and/or iSSUing of permits - and for the pulling down or removal of contravening signs: - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 97-157 as amended, of the Corporation of the Municipality of Clarington: ... NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the .... Municipality of Clarington enact as follows: - 1. Section 4.4 - EXCEPTIONS is hereby amended as follows: "4.4.5 Notwithstanding Section 4.3 Table B and Table C, one additional identification sign may be permitted along Highway 2 for the Burger King restaurant at 105 Clarington Boulevard, Bowmanville with a maximum height of 3.20 metres and a maximum sign area of 1.92 square metres." - - 2. This By-law shall come into effect on the date of the passing hereof. - BY-LAW read a first time this th day of 2002 - BY-LAW read a second time this th day of 2002 BY-LAW read a third time and finally passed this th day of 2002 - - John Mutton, Mayor - - Patti L. Barne. Municipal Clerk 624 - .. - CJ!J!pn REPORT - PLANNING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, June 3, 2002 Report #: PSD-052-02 File #: PLN 20.4.6 By-law #: - Subject: DEVELOPMENT CHARGES BY-LAW COMPLAINT OWNER: MR. PAUL CHRISTENSEN - RECOMMENDATIONS: ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-052-02 be received for information. - 2. 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 ... - 3. THAT Mr. Christensen be advised of Council's decision. - - Submitted by: Davi . Crome, MCIP, R.P.P. Director of Planning Services -,~ f.'7() ~. Reviewed by: e-J r ~ - -' VL. Franklin Wu, Chief Administrative Officer - - L T*DJC*sh May 16, 2002 - CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 625 ... REPORT NO.:PSD-052-02 .. PAGE 2 1.0 1.1 .. BACKGROUND ... Mr. Paul Christensen, by correspondence dated December 10th. 2001. filed a complaint pursuant to the appropriate section of the Development Charges Act, 1977 that an error in the application of the Municipality's development charges by-law was applied against his property. ... - 1.2 The Clerk's Department advised Mr. Christensen that Council considered his correspondence on January 145h. 2002. At that time a motion was passed referring his .. letter to the Director of Planning Services. 1.3 Under Section 8 of the Development charges Act, the Owner has ninety (90) days from the date that the building permit is issued to submit a complaint. Upon receipt of a complaint, and before Council makes a decision on the request, Council must give the complainant the opportunity to make representation to Council. .. .. .., 1.4 Pursuant to the requirements of the Development Charges Act a hearing was held on February 25th, 2002 at 7:00 p.m. in the Council Chambers. Mr. Christensen, in ... addressing Council requested that his property be exempted from the Development Charges fee. Mr. Christensen was of the opinion that as only agricultural buildings _ remained on site, development charges cannot be applied to properties that have two or less buildings on site. .. The house that was located on the property was removed in 1989. The footings remain on site. ... It was Mr. Christensen's understanding that Ontario MuniCipal Board rulings do not ... cover farm property. In his letter of appeal, Mr. Christensen noted that the Ontario Municipal Board had already ruled that imposing of development chares in similar cases ... was outside the intent of the Development Charges Act, 1997. Mr. Christensen also questioned if all vacant land are levied a garbage removal fee, as .. he has been charged garbage removal for a property that has no residential building on it. .. . " I bLb .. IIlIII .. REPORT NO.: PSD-Q52-02.doc PAGE 3 - - Furthermore, in as much as the Municipality installed a green address sign on the property, Mr. Christensen expressed the opinion that the Municipality considered this to be a dwelling lot. ... - 1.5 Council, in light of Mr. Christensen's presentation endorsed the following resolution: "THAT the delegation of Paul Christensen be referred to staff for preparation of a report. " - - 2.0 MUNICIPALITY'S DEVELOPMENT CHARGES BY-LAW 2.1 The Municipality's Development Charges Policy Report provided the background - principles and direction through which the Development Charges Quantum was calculated, culminating in the enactment of the Development Charges By-law 2000-108. - 2.2 Within the Development Charges By-law, Section 3 entitled - "Lands Affect by By-law", states this by-law applies to all lands within the geographic area of the Municipality. .. This would include all vacant existing lots of record. This principle is based on the fact that residential development would increase the need for services. Therefore where a - building permit has not been issued, a development charge would be required prior to its issuance. - ... 2.3 The by-law does contain an exemption to this principle. Where a dwelling has been demolished, a twenty-four (24) month grace period from the time of demolition to the receipt of the building permit was provided within which a development charge would not be required. - - 3.0 STAFF COMMENTS - 3.1 Mr. Christensen did not qualify for the exemption under the 24 month grace period. The original dwelling was removed in 1989 while the building permit for the current dwelling was issued September 1 ih, 2001. In this regard, the Development Charges By-law is clear and there was no error made by staff in the application of the development Charges. - - 627 - .. REPORT NO.: PSD-052-02.doc PAGE 4 3.2.1 3.3 .. Mr. Christensen in his presentation to Council noted that the Ontario Municipal Board has .. previously ruled that imposing development charges in similar cases was outside the intent of the Development Charges Act. In light of these comments, by correspondence .. dated March 8th, staff requested Mr. Christensen's assistance in obtaining the decision and/or ruling that the Ontario Municipal Board may have issued. To date staff has not .. received any confirmation from Mr. Christensen. Staff and the Municipality's solicitor are not aware of any such decision. .. Mr. Christensen, in support of his position also noted that garbage charges on the tax bill have been paid for this property and the Municipality has installed the green municipal address sign on the property. ... .. The Finance Department advised Mr. Christensen should not have been billed the garbage charge on his taxes for a vacant property. The Finance Department indicated if Mr. Christensen submits a request in writing, he would be entitled to a rebate for the last three year payments. - .. The Municipality's Engineering Services Department has confirmed that the green municipal address sign should not have been installed prior to the construction of a dwelling unit on the property. However, with the issuance of a building permit September 17th, 2001, the necessity of the sign remains. ... .. 4.0 CONCLUSION ... 4.1 4.2 Neither the payment of the garbage charges or the installation of the green municipal address sign has an impact on the enforcement and implementation of the policies contained within the Municipality's Development Charges By-law. - - In light of the above comments respecting the Municipality's Development Charges By- law staff respectfully recommends that the complaint filed by Mr. Christensen be denied. - .. 628 .. .. .. REPORT NO.: PSD-052-02.doc PAGE 5 - - ... 4.3 The Municipality's Solicitor has reviewed, and concurs with, the recommendations of this report. - Interested parties to be advised of Council's decision: - - Mr. Paul Christensen 7700 Carscadden Road Orono, Ontario LOB 1 MO - - - ... - - ... - - - - 629 .. .. - ClfJ!.pn REPORT PLANNING SERVICES .. - Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 3, 2002 - ... Report #: PSD-053-02 File #: A2002/023 TO A2002/025 INCLUSIVE & A2002/028 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 16,2002 FilES: A2002/023 TO A2002/025 INCLUSIVE, AND A2002/028 - - RECOMMENDA TIONS: .... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-053 be received; - 2. THAT Council concurs with decisions of the Committee of Adjustment made on MaYl6, 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. - ... ... ... Submitted by: ~ D vi . Crome, MCIP, R.P.P. Director, Planning Services .:::\ ht.~- RJ) -f_ Reviewed bY:U -- ~4. Franklin Wu Chief Administrative Officer - .... SA "DJC"sh May 21,2002 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 630 - REPORT NO.: PSD-053-02 PAGE 2 .. 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for .. a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are _ detailed in Attachment NO.1. The oecisions of the Committee are detailed .. below. ... DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MAY 16, 2002 , Application Number i Staff Recommendation Decision of Committee A2002/023 I Approve i Approved I 11IIII A2002/024 I Approve with modifications Tabled A2002/025 Table Tabled A2002/028 Approve Approved .. ... .. 1.2 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, totaling 55% (657 ff in area), as a survey of the area found this size more in keeping with existing residential development. .. .. .. - After discussion with the applicant, the Committee of Adjustment decided to table the application for up to six (6) months to allow the applicant to explore the possibility of an attached garage instead, or a smaller detached garage. .. .. 1.3 Application A2002/025 was to construct a detached garage at 2646 Concession Road 7, in Tyrone. The Regional Health Department, Central Lake Ontario Conservation and Clarington Engineering Department reviewed the minor variance application and noted concerns. Staff recommended that application be will ."" 631 ... .... - REPORT NO.: PSD-053-D2 PAGE 3 ... tabled to allow the applicant time for discussion with the above-noted agencies and departments. Committee concurred with the recommendation and tabled the application for up to SIX (6) months. ... ... 1.4 The applicant withdrew Application A2002/026 prror to the Committee of Adjustment meeting. Final drawings and measurements suomltted for the aoplication indicated that the proposed sunroom addition at 93 Carveth Crescent in Newcastle, would not require a minor variance for rear yard setback. - - - 1 .5 Application A2002/027 was not heard at CommIttee of Adjustment on May 16, 2002, as the applicant did not post the Public Notice sign ten (10) days prior to the Hearing, as per the Planning Act. - - 1.6 Staff has reviewed the Committee's decisions and 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 Staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. - ... - AttaChments: Attachment 1 - Periodic Report of the Committee of Adjustment ... - - - - - ,"' .., I ....IeI'- ... ATTACHME~IT ... CJ. 0. ~ .. .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. APPLICANT: VAN OOSTENBRUGGE, EDWARD OWNER: VAN OOSTENBRUGGE, EDWARD PROPERTY LOCATION: 4818 EAST TOWNLlNE RD." CLARKE PART LOT 1, CONCESSION 4 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2002/023 - .. PURPOSE: TO PERMIT CONSTRUCTION OF SINGLE DETACHED HOME BY REDUCING THE REQUIRED 300 METRE SETBACK FROM A LIVESTOCK FACILITY TO 183 METRES. ... ~ .. .. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS IN CONFORMln.. WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE ... .. DATE OF DECISION: May 16, 2002 LAST DAY OF APPEAL: June 5, 2002 .. .. ... .. ... 633 .. ... - ... ~n ... PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY LOCATION: GRAHAM, CRAIG GRAHAM, CRAIG 6087 LESKARD RD." CLARKE PART LOT 30, CONCESSION 6 FORMER TOWN(SHIP) OF CLARKE A2002/024 - FILE NO.: - - 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 DWELLING. ... - ... DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR UP TO 6 MONTHS TO ALLOW THE APPLICANT TIME TO REVIEW/REVISE HIS APPLICATION. - - - DATE OF DECISION: May 16, 2002 LAST DAY OF APPEAL: June 5, 2002 ... - - - 634 - (J. U L.W'JP ... .. .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - APPLICANT: OWNER: PROPERTY LOCATION: HUGHES, JEFF & ERIKA HUGHES, JEFF & ERIKA 2646 CONCESSION RD 7 , TYRONE PART LOT 11, CONCESSION 7 FORMER TOWN(SHIP) OF DARLINGTON A2002/025 - FILE NO.: .. PURPOSE: filii TO PERMIT CONSTRUCTION OF DETACHED GARAGE BY REDUCING REQUIRED FRONT YARD SETBACK FROM 6 M TO 3 M, REQUIRED WESTERLY SIDE YARD .... SETBACK FROM 1.2 M TO 0.61 M & REQUIRED SEPARATION DISTANCE BETWEEN GARAGE & EXISTING DWELLING FROM 1.2 M TO 0.96 M. ,~ filii DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR UP TO 6 MONTHS TO ALLOW THE APPLICANT TIME TO RESOLVE OUTSTANDING CONCERNS FROM COMMENTING AGENCIES AND DEPARTMENTS. .... .. - DATE OF DECISION: May 16, 2002 LAST DAY OF APPEAL: June 5, 2002 - .. .. .. .. 635 .. III - - (]. ID. L'm:!P ... PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - ... APPLICANT: OWNER: PROPERTY LOCATION: LUCAS,SUSAN LUCAS, MIKE 10 RHONDA BV., , BOWMANVILLE PART LOT 14, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2002/028 - FILE NO.: .. - PURPOSE: TO PERMIT CONSTRUCTION OF AN ON-GROUND POOL WITH A REAR YARD SETBACK OF 2.75 M INSTEAD OF REQ'D 6 M & TO RECOGNIZE AN EXISTING SHED WITH A SOUTHERLY SIDE YARD SETBACK OF 0.3 M & SEPARATION DISTANCE FROM THE DWELLING OF 0.46 M INSTEAD OF REQ'D 1.2 M. - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO PROVIDING CLARINGTON WITH A WRITTEN COpy OF THE REGION'S PERMISSION FOR ACCESS FROM REGIONAL ROAD 57. ... - - DATE OF DECISION: May 16, 2002 LAST DAY OF APPEAL: June 5, 2002 .. - - - 636 - .. ... Clfllmgron REPORT ... PLANNING SERVICES ... Meeting: ... Date: Report #: ... Subject: ... GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 3, 2002 PSD-054-02 File #: PLN 17.8.11 By-law #: OAK RIDGES MORAINE CONSERVATION PLAN ... RECOMMENDA TlONS: ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. ... 2. ... THAT Report PSD-054-02 be received for information; and THAT all interested parties listed in this report and any delegation be advised of Council's decision. ... ... .. Submitted by: ~ D v J. Crome, MCIP, R.P.P. Director of Planning Services Reviewed br) v-~(?-~ [oJ G-~ mnklin Wu, Chief Administrative Officer ... ... JAS*BN*DJC*sn May 23, 2002 ... - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 637 - .. REPORT NO.: PSD-054-02 PAGE 2 .. 1.0 BACKGROUND ... The Oak Ridges Moraine Conservation Act (Bill 122) and a draft Oak Ridges Moraine Conservation Plan were released by the Minister of Municipal Affairs and Housing on" November 1. 2001. The Municipality submitted comments on Bill 122 and the draft Plan through Staff Report PSD-053-01, considered by Committee on December 3, 2001. .. The Act received Royal Assent on December 14, 2001 and, on April 22, 2002, the final ... Oak Ridges Moraine Conservation Plan was released as Regulation 140/02 to the Act. Both the Act and the Plan were deemed to have come into force on November 16, .. 2001, .. 2.0 PURPOSE .. The purpose of this report is to provide highlights of the recently approved Oak Ridges .. Moraine Conservation Plan, to review how the Municipality's comments on the Conservation Plan were addressed, and to discuss the implications of the Plan for ... planning and land use on the Clarington portion of the Moraine. .. 3.0 OAK RIDGES MORAINE CONSERVATION PLAN .. The broad objectives of the final Oak Ridges Moraine Conservation Plan continue to be the protection, maintenance and enhancement of the ecological and hydrological integrity of the Oak Ridges Moraine. As well, the basic policy framework of the final .. Plan, as discussed below, is very similar to that of the draft Plan released in November 2001. .. .. .. .. 038 .. - REPORT NO.: PSD-054-02 PAGE 3 3.1 Land Use Designations Permitted land uses are listed for each of these designations. The most restrictive designations are the Natural Core and Natural Linkage Areas which permit uses such as fish, wildlife and forest management, agriculture, and low intensity recreation. Mineral aggregate operations are permitted in the Natural Linkage Areas. The Countryside Area designation is more permissive, allowing a range of rural residential, industrial and commercial uses. The creation of new lots is restricted in the three rural designations. ... - - ... .. - ... ... ... - - .. ... The Plan divides the Moraine into the following four land use designations: . Natural Core Areas: These areas contain a high concentration of key natural heritage features, hydrologically sensitive features or landform conservation areas. In Clarington, the most notable areas designated as Natural Core include the Ganaraska Forest and the Long Sault Forest. . Natural Linkage Areas: These areas form part of a central corridor system intended to support the movement of plants and animals within and off the Moraine. A Linkage Area is designated between the Ganaraska and Long Sault Forest. in approximately the same location as the Oak Ridges Moraine Natural Corridor identified in the Clarington Official Plan through Amendment 19. Countryside Areas: These areas are predominantly occupied by rural land uses such as agriculture, recreation, mineral aggregate operations and rural settlements such as hamlets. Settlement Areas: These are areas designated for urban development. No such areas are identified in Clarington. . . .. 3.2 Protecting Ecological and Hydrological Integrity The Oak Ridges Moraine Conservation Plan identifies key natural heritage features (e.g. woodlands, Life Science ANSls) and hydrologically sensitive features (e.g. wetlands, springs, streams). No development or site alteration, except for conservation, necessary infrastructure and low intensity recreational uses, are permitted within these ... ... - - 63~ IIIIiIl REPORT NO.: PSD-054-02 PAGE 4 features or a defined vegetation protection zone surrounding the feature. Each feature and vegetation protection zone is also surrounded by a "minimum area of influence". all Development or site alteration within this area may only proceed subject to addressing specific study requirements, such as demonstrating no adverse impact on the defined IIilII feature. .. 4.0 PROVINCIAL RESPONSE TO MUNICIPALITY'S COMMENTS ... As noted earlier, the Municipality provided specific comments to the Province on the Draft Oak Ridges Moraine Conservation Plan. ihe following highlights how these matters have been addressed. - ... . .. Delete the provisions that prohibit the ability of municipalities to develop more restrictive mineral aggregate policies. . .. Include a provision that would "grandfather" the negotiated settlement with the Aggregate Producers of Ontario, specifically Modification 173 to the Clarington Official Plan, which has not yet been approved by the Ontario Municipal Board. - . Do not exempt aggregate-related uses from the need to demonstrate that the use is complementary to other uses permitted in the Countryside Area. The Conservation Plan was not changed in response to the Municipality's comments on mineral aggregate operations. However, Staff have been verbally advised by officials that the approach used in preparing the new policies in ... Clarington's Official Plan for aggregate resources would be considered to conform with the intent of the Conservation Plan. Formal confirmation of this position has not been received. However, provincial officials have been using .- the Clarington policies as exemplary of the type of planning framework that is desirable. ... .. Council's approval of Modification 173 was made prior to November 17, 2001, the effective date of the Oak Ridges Moraine Conservation Plan. Provincial ... officials have advised that, as such the Modification would not be subject to the Conservation Plan and can be dealt with by the Ontario Municipal Board. Formal confirmation has been requested. Subsequently, the Municipal solicitor will .- request a hearing beforE.: the Ontario Municipal Board at the earliest possible opportunity to approve the settlement with the Aggregate Producers' Association of Ontario. .. .. 640 .. .. REPORT NO.: PSD-054-02 PAGE 5 .. . Do not re-examine the prohibition on mineral aggregate operations in Natural Core Areas in the 10-year Review of the Conservation Plan. - - This policy remains essentially unchanged in the final Conservation Plan. . Permit the issuance of a building permit for a single family dwelling on existing lots of record. - ... The draft Conservation Plan did not provide clear direction as to whether a building permit could be issued for a new single detached dwelling on an existing lot of record located on the Moraine. The final Plan specifically states that this is permitted, provided that the dwelling would have been permitted by the applicable zoning by-law on November 15, 2001 and that the applicant demonstrates, to the extent possible, that the dwelling would not adversely affect the ecological integrity of the Moraine. - .. . Change mapping of designations to more closely reflect the Ganaraska Forest, the Long Sault Forest and the Oak Ridges Moraine Natural Corridor identified in the new Clarington Official Plan policies. - - The requested changes to the mapping were largely addressed in the final Conservation Plan. Municipalities are also permitted to further define the boundaries of the designations, provided that the revised boundaries are consistent with the mapping shown in the Conservation Plan. - .. . If the detailed mapping required to implement the Conservation Plan is not released in a timely fashion, municipalities should be exempted from the Planning Act appeal process for decisions made prior to the release of the mapping. .. ... - The requested exemption from the appeals process was not prov!ded and the more detailed mapping necessary to properly implement the Conservation Plan has not been provided. It is not clear at this time when the mapping will be available. Accordingly, staff are endeavouring to ensure, to the extent possible that the Conservation Plan is being complied with when reviewing development proposals and requests for building permits for lands located on the Moraine. ... .... - 64 1 ... REPORT NO.: PSD-054-02 - PAGE 6 5.0 IMPLEMENTATION OF THE OAK RIDGES MORAINE CONSERVATION PLAN .. The Conservation Plan sets out both provincial and municipal roles and responsibilities .. for implementing the Plan. These are discussed below. ... 5.1 Provincial Roles ~nd Responsibilities The provincial government is required to provide mapping or technical criteria to identify key natural heritage features, hydrologically sensitive features, landform conservation areas, and areas of high aquifer vulnerability. This will permit municipalities to identify these features in their official plans and zoning by-laws. However, at the present time, the Province has only provided limited information and direction related to this exercise, although new information is expected to be made available within the next few months. ... - .. .. 5.2 Regional Responsibilities Upper-tier municipalities, including the Region of Durham, are required to prepare and adopt official plan amendments to implement the Conservation Plan by April 22, 2003. .. .. The Region is also required to initiate by this date a watershed plan for every watershed .. whose streams originate within the Region, and to complete the plans within five years. The objectives and requirements of each watershed plan, including water budgets and - water conservation plans, are to be incorporated into the Regional Official Plan. ... As the upper tier municipality, the Region would also be an appropriate agency to coordinate the many activities required of local municipalities and conservation authorities to implement the Conservation Plan. .. 5.3 Local Municipal Responsibilities - Clarington and other local municipalities have until October 22, 2003 to adopt .. amendments to their official plans and zoning by-laws to bnng them into conformity with the Conservation Plan. These amendments will be required to be consistent with the .. amendment to the Regional Official Plan. III 642 .... .. REPORT NO.: PSD-054-02 PAGE 7 - It is important to note however, that the Oak Ridges Moraine Conservation Plan is currently in effect. The Conservation Plan prevails in the event of a conflict between the Plan and the Provincial Policy Statement, the Official Plan or the Zoning By-law. Accordingly, staff will be referring to the Conservation Plan on all development applications and inquiries and ensuring that all planning decisions conform with the Conservation Plan. ... ... .. ... The approval of the amendments to the Clarington Official Plan and Zoning By-law to implement the Oak Ridges Moraine Conservation Plan cannot proceed until the amendments to the Regional Official Plan are approved. Staff anticipate working closely with the Region in this regard. The Plan includes new initiatives to protect sensitive hydrological features and to conserve landforms. These elements will need to be strengthened in the Clarington Official Plan but are dependent on the work of senior governments. ... .. - ... Work on the new comprehensive Zoning By-law to implement the current Official Plan will proceed. However, no zoning will be prepared for that portion of the Municipality affected by the Oak Ridges Moraine Conservation Plan. This area will continue to be subject to By-law 84-63 until the Oak Ridges Moraine conformity amendment is approved. ... - - It is anticipated that, within the next few months, the Minister will release a regulation to the Oak Ridges Moraine Conservation Act requiring municipalities to adopt tree-cutting by-laws and site alteration by-laws. Clarington already has a Woodlot Preservation By- law (By-law 97-35); however, it does not currently apply to the Oak Ridges Moraine. This By-law will need to be reviewed prior to extending its coverage to the rest of the municipality. Staff have also been preparing a Site Alteration By-law for the entire municipality. Work on this project will he refocused to ensure the By-law complies with the Oak Ridges Moraine Conservation Act and the Conservation Plan. ... ... .. - ... 64) .. REPORT NO.: PSD-054-02 .... PAGE 8 6.0 CONCLUSIONS .. The provincial initiative on the Oak Ridges Moraine is important, not only to protect this .. important landform, but also as a key component of a growth management strategy for the Greater Toronto Area. However, there is a substantial amount of work required by IIIIll the Municipality to bring its planning documents into conformity with the Oak Ridges \1oraine Conservation Plan. ... interested parties to be advised of Council's decision: Alex Georgieff Commissioner of Planning Region of Durham Planning Department 1615 Dundas Street East Lang Tower, West Building 4th Floor, Whitby Mall WHITBY, Ontario L 1 N 6A3 ... Libby Racansky 3200 HancocK Road COURTICE, Ontario L 1 E 2M1 ... SAGA (Save the Ganaraska Again) c/o Ms. Katherine Guselle 45 Connaught Street OSHAWA, Ontario L 1 G 2H 1 Sandy Cook and Ted Kilpatrick 8733 Leskard Road ORONO, Ontario LOB 1 MO ... ... Irv Harrell 1414 Harmony Road North OSHAWA, Ontario L 1 H 7K5 ... Linda Gasser 7421 Best Road P.O. Box 399 ORONO, Ontario LOB 1 MO .... Jessica Markland 2377 Highway 2 Apt. 44 BOWMANVILLE, Ontario L 1 C 5E2 .. . Kerry Meydam 3828 Trulls Road COURTICE, Ontario L 1 E 2L3 IIIIll ... .. .. 644 III ... ... - - ... .. - - - - 1. 2. - 3. - ... - ... - - - - - C:J!1!mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 3. 2002 Report #: PSD-055-02 File #: ZBA 2000-019. ZBA 2002-017 & PLN 179.6 Subject: ENVIRONMENTAL IMPACT STUDY-AUBURN LANE AND DARLINGTON BLVD. PROPOSED REZONING APPLICATION -1276467 ONTARIO LTD. & ASHTON DEVELOPMENT CORP. (CLARINGTON) LTD. PART LOT CONTROL APPLICATION - ASHTON DEVELOPMENT CORP. (CLARINGTON) LTD. By-law #: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 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; 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; that the By- law contained in Attachment 4 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; 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; 4. 5. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision; and be thanked for their effort and time as area 6. THAT Mr. Gordon Baker and Mr. Mark Linkie representatives on the Steering Committee. ~ Submitted by: a' J. Crome, M.C.I.P., R.P.P. Director of Planning Services CP*L T*DJC*sn May 27. 2002 --\ \ }- c~ '^ __ ~ Reviewed by: ,__I Franklin Wu. Chief Administrative Officer (. ' '- '- L t CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 645 .. REPORT NO.: PSD-055-02.doc PAGE 2 ... 1.1 Applicant: 1.0 APPLICATION DETAILS 1.2 Agent: Rezoning: 1 " ..5 1.4 Part Lot Control: 1.5 Area of Lots: 276467 Ontario Limited and Ashton Development Corp. (Clarington)" Ltd. D.G. Biddle & Associates limited. From "Environmental Protection (EP)" and .'(Holding) - Urban Residential Type One - (H)R 1" to permit ten (10), 15 metre minimum'" frontage, single detached dwelling lots. To allow the division of Block 80, 10M-832 into 10 blocks and a part- block for a 3.8 metre wide walkway. 5817 square metres. ... .... 2.0 LOCATION 2.1 The rezoning application applies to the lands fronting on the north side of Auburn Lane, .... south of the Farewell Creek (Attachment 2). Should the rezoning be approved, it would permit the development of ten residential lots. These lands are in part also subject to an ... application for Part Lot Control (See Attachment 5). ... .... 3.0 BACKGROUND 3.1 On July 25, 2000, the Municipality of Clarington Planning Department received the .... referenced Zoning By-law Amendment application. The subject lands are part of the Penfound Neighbourhood in the Clarington Official Plan. The rezoning application .. involves part of three separate parcels of land, including Block 80 of registered plan of subdivision 10M-832. If approved, the rezoning would permit the creation of ten single .. detached dwelling lots with frontages ranging from 17.8 to 20 metres. When plan of ... subdivision 10M-832 was developed, servicing for Block 80 was stubbed for the lots proposed through this rezoning. - 3.2 The rezoning application triggered the need for an Environmental Impact Study (EIS). Since the applicant acquired lands and submitted an application for Neighbourhood .. Design Plan on the west side of the Farewell Creek, south of King Street, a consolidated .. 046 .. ... REPORT NO.:PSD-055-02 PAGE 3 .. EIS was undertaken to examine the impacts of both developments. The process followed and the results of the study are reviewed in Section 7 of this report. ... - 3.3 Upon completion of the EIS report by the consultant, the applicant filed applications for Part Lot Control and consent (severance) to create the proposed 10 lots on Auburn Lane. ihe Lana Division Committee is consIdering the consent applications at a special meeting on June 5. 2002. A recommendation on the Part Lot Control application has been included in the recommendations of this report. .. - - 4.0 4.1 4.2 Existing Uses: Surrounding Uses: The subject land is currently vacant. East- Existing residential fronting on Auburn Lane and Worthington Drive. West- Farewell Creek valley land. South- Existing residential fronting on Auburn Lane. North- Farewell Creek valley land. EXISTING AND SURROUNDING USES - - - - - 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the subject lands Living Area and Major Open Space with indications of Environmentally Sensitive Areas. The predominant use of land within the Living Area designation shall be for housing purposes. Development within or adjacent to environmentally sensitive areas requires an environmental impact study to be undertaken in consultation with the respective area municipality and at the expense of the applicant. - ... - - 5.2 Within the Clarington Official Plan the subject lands are located within the Penfound Neighbourhood of the Courtice Urban Area and are designated Urban Residential and Environmental Protection Area. The predominant use of land within the Urban Residential designation shall be for housing purposes. The Environmental Protection Areas identify the Municipality's natural environment. ;he ecological function of these 647 - - - REPORT NO.:PSD-055-02 .. PAGE 4 .... areas is to be preserved and protected. Map C - Natural Features and Land Characteristics identifies the parcel as being adjacent to a cold-water stream and table.. land woodlot. 5.3 The policies of Section 4 of the Plan require an Environmental Impact Study be undertaken where development is within or adjacent to any of the above features. The.. study undertaken determined that development of the proposed 10 lots can proceed subject to conditions (the findings and recommendations of the E1S report are discussed _ in section 7 of this report and contained in Attachment 3). ... The applications for rezoning and removal of part lot control are deemed to conform to the policies of both plans. ..... ." 6.0 6.1 ZONING BY -LAW PROVISIONS The subject lands are zoned "(Holding) Urban Residential Type One ((H)R1)" and "Environmental Protection (EP)". The EP zone would not permit the development of ... residential dwelling units. ." 7.0 ENVIRONMENTAL IMPACT STUDY 7.1 In March 2001 Niblett Environmental Associates Inc. together with Geo-Logic Inc. were ." retained by the Municipality, at the applicant's expense, to undertake an Environmental Impact Study to review the proposed 10 lot development on the north side of Auburn ." Lane as well as a Neighbourhood Design Plan submission for the lands east of Darlington Blvd., south of Highway 2 and west of Farewell Creek. The lands which are .. subject to the rezoning application are identified as the Auburn Lane Development Proposal (Attachment 1). The lands on the west side of the Farewell Creek are referred... to as the Darlington Blvd. Development Proposal (Attachment 1). ... 7.2 A Steering Committee for the EIS was formed including a resident representative from the Darlington Blvd. area, as well as a representative from the Auburn Lane area; staff .. from Central Lake Ontario Conservation Authority; the applicant's agent; staff from the 648 . ... .. .. REPORT NO.:PSD-055-02 PAGE 5 - Municipality of Clarington Engineering Services and Planning Services Departments; and the EIS consultants. ... - 7.3 The purpose of the Environmental Impact Study was to determine if the proposed developments should be permitted, and to determine, should it be established that the development could proceed, what mitigation measures or conaitions of approval are required to allow the development to proceed. Among other matters the consultants were requested to examine the functions and sensitivity of the Farewell Creek, its valley, the tableland woodlot, and any other natural features on and adjacent to the proposed development sites. ... - - - 7.4 The 10 lots proposed on the north side of Auburn Lane back onto an area of the Farewell Creek which is well used by area residents through a network of walking trails. A portion of the valley wall north of the subject lots has experienced significant erosion and contains a steep slope. The developer's engineer designed a slope stabilization plan to prevent further erosion and stabilize the slope thereby allowing development of lots along the Auburn Lane frontage. The EIS process included a number of Steering Committee meetings, including on-site meetings; preparation and review of a draft EIS report in August 2001; preparation, review and revisions to the proposed slope stabilization plan for the Auburn Lane site, and grading plan for the Darlington Blvd. site; release of the draft final EIS report April 2002; and an Open House held April 24, 2002 at Mother Teresa Separate School, to present the findings of the study, and receive feedback from area residents. A final report was completed in May 2002. - - - - - - 7.5 The findings of the EIS are as follows: - i) Fish and Fish Habitat The Farewell Creek is a cold water fish habitat. The creek varies from 45 to 400 metres from the development proposed on the Darlington Blvd. site and 30 to 100 metres from the development proposed on the Auburn Lane site. Given the till soils there should be no impact on groundwater recharge. The storm water management plan will have to take measures to ensure that discharge to the - ... - 049 - REPORT NO.:PSD-055-02 .. PAGE 6 .. creek does not increase the thermal fluctuations in the creek. In addition, sediment control measures will be necessary to prevent sedimentation entering.. the creek from any activity associate with either development. ji) Vegetation A tree preservation plan should be completed to Identify measures necessary to ... protect any trees to be retained on both sites. -:-he Darlington Blvd. proposal is primarily within an open field. Maintenance of the seep located within the valley .. slope will ensure that the regionally rare pale jewelweed is not impacted. The tableland forest on the Auburn Lane site is not significant for Wildlife or supporting ... rare species. However, they provide protection for the interior forest and trees along the top of bank. Sealing the forest by planting coniferous and deciduous .. trees will lessen the potential for impacts. In addition, the planting of trees and shrubs on the stabilized slope will allow for the regeneration of a successional .. forest and re-establishment of the connection to the valley forest cover. ... iji) Birds The development of the two sites will not have a significant impact on the bird species present in the field communities. The Great-horned Owl is the only species .. with a potential to be impacted, however, retention of the valley and tree cover will continue to provide habitat for this species. .. .... iv) Wildlife Corridors and Linkages The proposed developments will not impact the use of the valley as a corridor for the movement of wildlife and other functions in an urbanized area. .. .. v) Restoration Potential ... Development of these two sites will occur on areas currently used for walking trails and access to the valley. The two developments will eliminate some of the random .. access to valley. The effect will be less impact on the valley due to fewer access points and associated disturbances. The stabilization and revegetation of the ... eroded slope below Auburn Lane will reconnect the forest on this side of the valley. ~so .. .. ... REPORT NO.:PSD-055-02 PAGE 7 ... ... vi) Valley Access A single access point to the valley from Auburn Lane would replace four points currently used. An existing well worn path is present along the top of bank above the erosion scar. Additional trails or spurs off it are not anticipated. Signage and education of local residents to the revegetation effort and stabilization plantings would help minimize unnecessary disturbance. ... ... - 7.6 Recommendations - The EIS Report supports the rezoning and neighbournood design plan applications and provides a total of 15 recommendations for the Natural Environment and 3 recommendations from a geotechnical perspective. The recommendations and conditions, some of which were identified in the comments above, will be incorporated into the requirements of the consent applications and an agreement with the Municipality for the stabilization works. Section 8 - Recommendations of the EIS has been included as Attachment No.3. - ... - - 8.0 Public Meetings 8.1 A public meeting for the rezoning application was held September 18, 2000. A number of people spoke at the public meeting expressing concern that lands currently zoned Environmental Protection were being rezoned to permit residential development. Staff also received several enquires that, although not objecting to the proposal, expressed concern with respect to impact from the development on the environment. In addition, a couple of callers noted the valley has a well used trail system and that any approval should include a fenced access from Auburn Lane to the valley. - - - ... - 8.2 The Open House for Environmental Impact Study was attended by approximately 40 area residents over the course of the evening. Generally, the residents were concerned that, should the proposed 10 lots on the north side of Auburn lane be permitted to develop, the rear lot line of the new lots should be fenced and that sufficient area for a walking trail be maintained between the rear lot line and the top of bank, and lastly that - - oSl - .. REPORT NO.:PSD-055-02 PAGE 8 9.0 9.1 9.2 .. an access to the valley lands be maintained through the proposed lots. Comments were raised by some residents that the proposed development will be destroying the natural... environment of the area and have a significant impact on the natural habitat. .. AGENCY COMMENTS - In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies - in providing comments, offered no objection or concerns with the application as filed: · Clarington Fire Department · Kawartha Pine Ridge District School Board; and · Bell Canada ... - The Clarington Engineering Services Department advised they have no objection, in .... principle, to the proposed rezoning application. They have reviewed the engineering solution proposed by the applicant's consultants and are generally satisfied that the - development is viable and can proceed. The slope stability works are to be designed in accordance with the recommendations of the Environmental Impact Study completed by ... Niblett Environmental Associates Inc., or latest revision thereof, to the satisfaction of the Director of Engineering Services. .. Prior to any development occurring on the subject lands, the applicant will be responsible ... to provide detailed engineering of the slope stability works, access details, restoration work and landscape plantings as well as other development aspects including lot.. grading, site servicing, boulevard trees and driveway entrance works, all to the satisfaction of the Director of Engineering Services. The applicant will be required to... enter into an agreement for the provision of these works, to the satisfaction of the Director of Engineering Services. ... 9.3 Regional Planning Staff provided a coordinated Regional response. They noted that the ... policies of the Durham Regional Plan support the proposed residential development. 652 .. .. - REPORT NO.:PSD-055-02 PAGE 9 ... The proposal was also screened in consideration of provincial plan responsibilities. The lands are assessed as having a high archaeological potential due to the proximity of the Farewell Creek, therefore "an archaeological assessment may be necessary,.' Municipal sanitary and water supply services are available to the site. The subject lands have been "pre-stubbed" with municipal service connections as Dart of the development of registered plan 1 OM-822. ... ... - ... 9.4 Central Lake Ontario Conservation Authority staff reviewed the following documents in support of the current application: - . Darlington Boulevard and Auburn Lane Development Proposals, Environmental Impact Study. Niblett Environmental Associates Inc. May 2002. Farewell Creek Embankment Slope Stabilization at Auburn Lane. D.G. Biddle & Associates Ltd. Drawing No. C-1, dated October 2001, latest revisions dated April 2002. - . - . Farewell Creek Embankment Slope Stabilization Cross-Sections and Details. D.G. Biddle & Associates Ltd. Drawing No. XS-1, dated October 2001, latest revisions dated April 2002. - - An extensive slope stabilization scheme has been proposed to stabilize the existing erosion scar located behind proposed lots two through five. CLOC staff completed a preliminary review of the proposed stabilization works. Although detailed drawings have not been submitted or reviewed, CLOC staff believe the current proposal is appropriate, The Environmental Impact Study (EIS) has determined that the slope stabilization works and subsequent development of the proposed lots along Auburn Lane will not have a significant impact on the Farewell Creek valley provided the recommendations from the study are employed. CLOC staff accept the conclusion and recommendation of the EIS. ... - - - - The Conservation Authority has no objection to the rezoning in principle. Given the extensive stabilization works that have yet to be completed, staff recommend that lots two through five be put into a "H - Holding Zone" until the stabilization works have been completed. The proponent's Engineer should also provide written authorization that the ... - O. ., , ...;.J ... REPORT NO.:PSD-055-02 ... PAGE 10 works have been completed as per the submitted drawings prior to the lifting of the H _ Holding Zone. ... .. 1 0.0 STAFF COMMENTS ... 10.1 The land subject to the rezoning, including Block 80 a remnant block within registered plan of subdivision 10M-832, are proposed to be developed as 10 single detached ... dwelling lots with minimum lot frontages of approximately 18 metres (59 feet) and lot area minimum of 540 square metres (5800 square feet). These lots are similar or larger ... than existing development in the area. 10.2 The subject lands are adjacent to the Farewell Creek and associated valley. As noted previously, the proposed lots back onto the Farewell Creek valley, a portion of which has.. experienced severe erosion. The applicant has prepared a plan to engineer the slope with armour stone at the creek edge, a 2 to 1 slope and a live crib wall to rehabilitate the .. slope and permit the development of the proposed lots. Through the EIS process the applicant's bank stabilization and proposed erosion control works were significantly... revised to minimize the disturbance on the balance of the treed valley slope. ... 10.3 The Farewell Creek valley is designated Environmental Protection Area. The lot line between Block 80 of 10M-832, and the balance of the lands acquired since the_ development of Plan of Subdivision 10M-832 forms the current boundary between the R1 and the EP zone. Section 14.4 - Environmental Protection Areas of the Clarington _ Official Plan states the precise limits of the Environmental Protection Areas shall be detailed through the review of development applications in consultation with the_ Conservation Authority. The Environmental Protection Area shall include a setback for development. The setback shall be determined from top-of-bank and shall be based on _ stable slope and sensitivity of the stream valley. In no case would the setback be less than 5 metres :, width. _ - 10.4 The Environmental Impact Study considered the specifics of the proposed 10 lot .. development on the adjacent natural features and determined that development could .. 654 . ... - REPORT NO.:PSD-055-02 PAGE 11 - proceed based on a 10 metre setback from top-of-bank. The proposed severances will maintain the 10 metre setback in all but one 'pinch point' location behind lot 5, where a 7 metre setback will be maintained. The proposed lots are consistent with and in keeping with the character of the area. The north side of Auburn Lane is stubbed for municipal water and sanitary services. ... - ... ... 10.5 Plan of Subdivision 10M-832 received draft approval for Block 80 as a future development block. The removal of Part Lot Control would facilitate dividing Block 80 into 11 blocks to be melded with blocks being created through the consent process to permit the development of 10 single detached dwelling lots and a 3.8 metre access to the valley land. ... - - 11.0 CONCLUSION 11.1 The Environmental Impact Study was undertaken as per the requirements of the Clarington Official Plan. The study and its conclusions are supported by the Central Lake Ontario Conservation Authority and the Municipality. As a result of the conclusions and recommendations of the EIS, staff are in support of the rezoning to permit the proposed 10 residential lots fronting on the north side of Auburn Lane and recommend approval of the By-law as contained in Attachment 4. Removal of the "Holding (H)" symbol would take place once the Owner has entered into and undertaken the required bank stabilization and erosion control works necessary to permit the development to proceed. Furthermore, staff support approval of a By-law exempting the Block 80 of 10M-832 from Part Lot Control. Staff recommends that the Part Lot Control By-law be in force for a three (3) year period following Council approval, ending June 10, 2005. ... ... ... ... ... - Attachments: ... Attachment 1 - Attachment 2- Attachment 3- Attachment 4 - Attachment 5 - Environmental Impact Study - Key Map Auburn - Application Details - Key Map EIS - Recommendations Proposed Zoning By-law Proposed Part Lot Control By-law ... - , ,.. ,- h '-,.. .-~ .- ...,~ ... .. REPORT NO.:PSD-055-02 PAGE 12 .. Interested parties to be advised of Council's decision: Glen Genge D.G. Biddle & Associates Limited 96 King Street East OSHAWA, Ontario L 1 H 1 B6 ... Peter Reynen 90 Hemmingway Drive COURTICE, Ontario L 1 E 2C2 ... Jeff Brooks 4 Sagewood Avenue COURTICE, Ontario L 1 E 2G1 Linda Scott 84 Robert Adams Drive COURTICE, Ontario L 1 E 3A5 - - Ron Weir 110 Auburn Lane COURTICE, Ontario L 1 E 2E9 Mark Linkie 30 Hemmingway Drive COURTICE, Ontario L 1 E 2C7 .. - Libby Racansky 3200 Hancock Road COURTICE, Ontario L 1E 2H1 Gordon Baker 11 Darlington Blvd. COURTICE, Ontario L 1 E 2J8 - Richard Jones 55 Hemmingway Drive COURTICE, Ontario L 1 E 2C6 Shirley Andrechuck 2 White Cliffe Court COURTICE, Ontario L 1 E 2E9 - - Anne Haylock 13 Stirling Avenue COURTICE, Ontario L 1 E 1 X7 Dianne Trauzzi 123 Auburn Lane COURTICE, Ontario L 1 E 2E9 D. Bonchek 32 Hemmingway Drive COURTICE, Ontario L 1 E 2C7 ... ... Kevin Segrif 91 Auburn Lane COURTICE, Ontario L 1 E 2E9 ... Norma Holdcroft Century 21 Infinity Inc. 600 King Street East OSHAWA, Ontario L 1 H 1 G6 Wayne Bolahood 420 King Street OSHAWA, Ontario L 1 J 2K8 ... ... Daryl Galea 15b Darlington Blvd. COURTICE, Ontario L 1 E 2J8 .. .. .656 .. .. REPORT NO.:PSD-055-02 - PAGE 13 - John Haig 49 Darlington Blvd. COURTICE, Ontario L 1 E 2J8 A & K Maenza 103 Auburn Land COURTICE. Ontario L 1 E 2E9 .. ... ~nn Cowman 57 Darlington Blvd. :::OURTICE. Ontario - : E 2J8 .:... & S Loeo -9 Auburn lane -':OURTICE. Ontario _ 1 E 2E9 - 3erry Sumara 3 Worthington Drive ~OURT'CE. Ontario l.. 1 E 3A4 ..:ames Dunn 33 Auburn Lana ':;OURTICE. Ontario L 1 E 2E9 ... ... 1276467 Ontario Limited Ashton Development Corporation (Clarington) Ltd. 1 748 Baseline Road COURTICE, Ontario L 1 E 2T1 Paul Broad 112 Auburn Land COURTICE, Ontario L 1 E 2G1 - ... Linda Gasser P.O. Box 399 ORONO, Ontario LOB 1 MO R & K Marishita 119 Auburn Court COURTICE. Ontario L 1 E 2E9 - ... Ward Davis 66 Cherry Blossom Cr. COURTICE, Ontario L 1 E 1 G6 Gary Hammett 547 Crimson Crt. OSHAWA, Ontario L 1 J 8E3 C&J Allan 122 Auburn Lane COURT/CE, Ontario L 1 E 2G1 - ... Chuck Moore 114 Auburn Lane COURTICE, Ontario L 1 E 2G1 - Mark Williams 99 Auburn Land COURTICE, Ontario L1 E 2E9 Friends of the Second Marsh 206 King Street East P.O. Box 26066 OSHAWA. Ontario L 1 H 1 CO ... - Brian Parsons 95 Auburn Land COURTICE. Ontano L1 E 2E9 V & E Ho 96 Robert Adams Drive COURTICE. Ontario - - 657 ATTACHMENT 1 ... o DARLINGTON BLVD. DEVELOPMENT PROPOSAL . AUBURN LANE DEVELOPMENT PROPOSAL LOT 35 --...., J@!/:,.i.o4...J..J.l'----"--1 I I~ 2===r---- I , , _ ______ '-' - ~LP ~ r-~ _ ~ r- r-r- -~ - I--- W --!~" ~ ~ ) - ~ n ~ tE: OJ '- ~ 7' '-....... :""?c:':' }., -.... l~ --+;~ i= '7 ~,>....... . ::::; r-- ~ '. .. L--- ~ ~ L'- t- t-- 'r-- 1, .. ,.... ~ '"1"7r" (, 7 ~:= I AlMJt - '-' .~L is :it f ~ ".~ I-- ~ - r- --a )) ~ ~\: - I I~;Y 1 --1\J jr- n __ ::::::: --d L 0 rr v r- ~ 7 f~~~ ~><. ~-~, f- r A~ IC Ibt... I AN.Ji:f I ~ HE!MMINcSWAf ~' !' ~'~ I ~ 1Tffi~ i .,~ COURTICE 1 KEY MAP ~_ :.c-:1 LOT 34 r / I \ \ ,\ HIGHWA Y / T 2 r -' I i i "I I I I I ~I l l 1 1 T T T r r LL ~" \ (, ~ ~ '--- / / / L ~w ./J .1 ~ .'.,' ... ... .. I... 658 .. - :36; '~.( -~ ',~ "'~ ... ... ... - .763 ... -- '" <7< ... ... M III I ;::: I'D ...0..... . V~Q 1J)<t1- I'I-.J ruZ .....0 z - - 97 - ""' If) 0.1.. ~ Z(>? Z .....1- W Cl :).~ ~Zl- o <t cr. u.. .J OOO-l ...0 a ~27d52 L.i. Clf-~ > ~a 1-... ........ ~..... 1401- ~.QliJ <I: z Q a.. \;J <t W r -0... IV Z a.. Zz>.~ <4 ..... <'<1:.. ~ a 8~ I-Ck: . Ii- -l ww :x: u ClC > VOl '" .....w <t V'l ... '" f1 ~ J1 o - ... ;., 1I1 , " - z - N 18~07.00. '01 D SOUTH - - - - ~'--- / ~ ~ r- ru C'L I <[ I ~ I / / L..J I / < ~/ (5/1 ~ .~ ; . ,------- I '2 I / ~ "- 9;1! :: I ~I~ ;r I ! I I :') (\j . (\j i ~I f- ('J I 0::: o~ <[ II-- (\j ~ CL. 0::: " <[ f- 4: CL. 0:::::> ~ <[(; ~ CL.a> C .~ \ 7~39'40' '01 i ;7 860 I r< ..... ..... L.:JI zl"-- -1:1) ~f- <tOO!: C\J-!<t .....oCL. I-u..i.l;. ~ClO a..ww Zu ""'z <t<r t-ac Ww ~> w 1:1) ~{)a9~ ~J uJ C) ..... ':t M I"-- C\J ~ ]N\:;;Il NClnan\:;;l 153156 i.:J .= M ::> ~ '3... ;; ..JD^ o Itl r- ~~ ~L....W.!.. Ck';; 0::: Q ~ VI C!:: <[ W<<r ~ ~<- <[w z'" CL ,-. v; ,....., -:...,. <[ - ---~>~ c...W ",VI 65~ co en ~ o I o o o N <C m N \0 e - c o .s 0 c - Q) 0 en ..I c t: o "' o Q. .s .s 13 13 Q) Q) :s':s' ::::s ::::s en en "' "' ! ! c( c( ~(I en ~ ~ ~ 0 .- ~ Ci c a. 0 .u ;:: '2 ~ :s = :E :s o J! - en 'i !. 1; 0 Co) - .- U) "a 0 Q) - Q - Q) Co) .a .!. o .a - ::::s en U) "a "' c ! j c( ,0: ATTACHME~IT - ... Municipality of Clarington EIS .. 8.0 Recommendations .. 8.1 Natural Environment 3. - 1. Due to the stabilization work proposed within this section of Farewell Creek there may be a short term fish habitat alteration, disruption, destruction (HADD). The plans for all works in or adjacent to the creek should be submitted to the Central Lake Ontario Conservation Authority. They can then make a determination if a fisheries compensation agreement with the Department of Fisheries and Oceans is required. The location and design of the stormwater outfall will also need to follow this process. - .. ... 2. Prior to approval of either development, stormwater management plans must be prepared. For the Darlington Boulevard site the stormwater management plan should also demonstrate how the seep area in Community 3 and the associated plant community will be maintained. Specifically this is a groundwater discharge zone and any stonnwater management system must maintain existing recharge/discharge functions and not result in thermal warming of the creek. The pond should meet MOE Level 1 water quality guidelines. The outfall will ... - - - 3. In addition a detailed sediment and erosion control plan should be developed for the site preparation, construction and post-construction phases. The plan should incorporate measures to prevent sheet flow into the valley. - ... Prior to site grading or clearing, a tree preservation plan should be prepared for the lots within or abutting the forested areas and treed fencerows. The report should recommend trees to be retained and construction methods and t~chniques to minimize disturbance to the retained trees, drip lines and overall health. Hazard trees should also be identified. .. ... - ... 660 .. - - .. Municipality of Clarington EIS - 4. A 10m minimum setback from the top of bank to the rear lot line be implemented at the Darlington Boulevard site. A 10m setback from the stable top of bank at the Auburn Lane site be established.-' - - - - 6. ... 7. - 5. Marking and installation of fencing (silt and snow-fencing) along the 10 m setback line prior to any activities on-site is recommended to prevent encroachment during construction. The fence should be installed as per the erosion and sediment control plan drawings and inspected regularly and maintained. All soil and material stockpiles should be located a minimum of 15 metres from the 10 m setback line (ie. 25 m from top of bank). Storage, fueling and maintenance of construction equipment should occur at least 15 metres from the from the 10m setback line (ie. 25 m from top of bank). ... 8. Exposed soils and fill areas should be revegetated as soon as possible after final grading to prevent erosion. 9. Landowners should be encouraged to preserve the natural vegetation on their lot including forest edges and regenerating field habitat. Landscaping using native trees and shrubs should also be encouraged to enhance the wildlife habitat and foraging sites. Prior to the sale of these lots the developer should prepare a brochure for homeowners which outlines the nature of the sensitivity of the adjacent lands and the responsibilities of the owner for environmental stewardship of these natural resources. - - - - - - - - 10. Only native species should be used in the bank stabilization works and all other vegetation plantings completed. 11 . All instream works must be constructed in the dry by dewatering the work 661 Municipality of Clarington EIS area and diverting or pumping the flows around the jersey barriers placed at the limits of the work area. There should be no increase in water levels upstream of the dewatered area. -- 12. Sediment laden dewatering discharge shall be pumped to a stilling basin or filtering system well away from the water course and allowed to settle and/or filter through the riparian vegetation before re-entering the watercourse downstream of the construction area. 13. Flow dissipaters and/or filter bags, or equivalent, shall be placed at water discharge points to prevent erosion and sediment release. 14. If a pedestrian access is created between lots on Auburn Lane to access the valley, it should be located to tie in with existing random trail that follows the top of bank. 8.2 Geotechnical 1. At the Auburn Lane site lots 2 to 5 should be developed only after the proposed bank stabilization works (Biddle, 05 March 2002) are implemented. The remainder of the lots in this development should utilize setbacks from top of bank of at least 10m. 2. At the Auburn Lane site we recommend some form of safety feature be immediately installed above the existing crest of the area of slope adjacent to lots 2 through 5. 3. Lot set backs from top of slope in the Darlington Boulevard area are recommended to be a minimum of 10m. 662 - lIllIIi IIIIiI - lIIIIIII lIIIIIII - ... ... ... ... ... - ... - - ... ." IIIiI - ATTACHMENT - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2002- - being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington - ... WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended. of the former Town of Newcastle to permit the development of ten single detached dwelling lots (ZBA 2000-019). - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: ... 1. Schedule "4" to By-law 84-63 as amended. is hereby further amended by changing the zone designation from: - "Environmental Protection (EP)" to "Urban Residential Type One _ Holding ((H)R1)"; and "Urban Residential Type One - Holding ((H)R1)" to Environmental Protection (EP)" .. 2. ... 3. ... as shown on the attached Schedule "A" hereto, Schedule "A" attached hereto shall form part of this By-law. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first 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 ;- - 663 - - This is Schedule uA" to By-law 2002- passed this day of _ , 2002 A.D. , ... .. ------- -----./ ;:: '" '" <D '" ~~~ ~ -- - --------- ~,;;;-- ~ ~ TOP Qf 1l '-- _ _ ... ..... I '-PART 16 P RT 11 PAiT 14 I 5 6 7 'IPART PART 8 ... w Z <1: -I Z Ct:: :J ~ 10 11 12 13 - 2 3 4 5 6 ... _ Zoning change from "(H)R1"to "EP" ,......................1 Zoning change from "EP"to "R' " ~ Zoning change from "EP"to "(H)R1" ~ Zoning change from "(H)R' "to "R'" ~ Zoning to remain "(H)R'" - - John Mutton. Mayor - Patti L Barrie. Municipal Clerk ... LOT 35 LOT 34 ~.OX~HU~TTRAILI~~a :. ~ i . - ~ ! : II C! Q) i : -1 i I I . I ,-- I i - .. COURTICE ~-Q/v[ :::::j. .~i I i I .~ c., . ~ '~ rli 9/ J ~ " ,------. '---- ~. -----' .---~~ N Z o Vi (J) 4J U Z o U ... '::['VFOL"\':; ;;:4RK /1 1J; - - 66~ - ... ATTACHMENT: - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2002- ... being a by-law to exempt a certain portion of Registered Plan 10M-832 from Part Lot Control - .. WHEREAS the Council of the Corporation of the Municipality of Clanngton deems It advisable to exempt from Part Lot Control. Block 80. of 10M-832. registered at the Land Title Division of Bowmanville. .. ... NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. - 2. - - 3. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Block 80, of 10M-832. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be force for a period of three (3) years ending on June 10, 2005. - BY-LAW read a first 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 - - ... 665 ... PART 1 CIEVDDD PART 6 <IlETADU nLUMtII IE\IIIWU IF I'M1I I-lD PART 13 ... r I r ~ w Z 4: ...J Z Ck: ::l ~ ::l 4:. 2 3 4 5 ~ Lots Affected by Part Lot Control Block 80, Plan 10M 832 .. .. 13 .. 6 7 II .. .. - .. ... lltl .. .. ZBA 2000-019 666 .. ... - ... Q!JljJJglOn REPORT - PLANNING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ... Date: \'1onaay, June 3. 2002 Report #: PSD-056-02 File #: C-C-2002-00 1 By-law #: - Subject: CONDOMINIUM APPLICATION APPLICANT: ASPEN HEIGHTS LTD. PART LOT 15 & 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON, 83, 87 & 91 ASPEN SPRINGS DRIVE - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ... 1. THAT Report PSD-056-02 be received; 2. 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; - .... 3. THAT a copy of Report PSD-056-02 be forwarded to the Durham Region Planning Department; and - 4. THAT all interested parties listed In this report and any delegation be advised of Council's decision. ... - ~ Submitted by: " Davi J. Creme. MCIP, R.P.P. Director of Planning Services - lrd~_(-~ ,_'!.t Reviewed by:' ---- Franklin Wu, Chief Administrative Officer .. SA *L T*DJC*sh - May 23. 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 40 TEMPERANCE STREET aOWMANVILLE. ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 Obi - ... REPORT NO.:PSD-056-02 PAGE 2 .. 1.0 APPLICATION DETAILS 1 .1 Applicant: Aspen Heights Ltd. ... 1.2 Condominium Application: To permit condominium tenure in three low rise buildings contaimng mnetv (90) resIdential units. .. i .3:3ite Area: 1.14 hectares - 2.0 LOCATION ... 2.1 The subject lands are located at 83, 87 and 91 Aspen Springs Drive in Bowmanville .. (Attachment 1). The property is contained within Part Lots 15 and 16, Concession 1, in the former Township of Darlington, now Blocks 12 and 13 on Plan of Subdivision 40M- .. 1881. ... 3.0 BACKGROUND 3.1 On January 30, 2002, the owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure in three low rise residential ... buildings containing ninety units. A site plan agreement has been entered into between the owner and the Municipality of Clarington and construction has begl:m on two of the "" three buildings. ... ... 4.0 OFFICIAL PLAN POLICIES 4.1 The lands are designated "Living Area" within the Durham Region Official Plan. The ... goal of the Living Area designation is to provide a full range of housing. ... 4.2 Within the Clarington Official Plan, the subject lands are designated "High Density Urban Residential". The High DenSity Urban Residential designation permits 61-100 till units per net hectare. The application, with 79 units per net hectare, conforms to the policies. .. .. 668 .. .. REPORT NO.: PSD-056-Q2 PAGE 3 - 5.0 ZONING BY-LAW CONFORMITY - - 5.1 The subject lands are currently within the "Urban Residential Exception (R4-17) Zone". The R4-17 zones permits 80 units per hectare and this application would conform. 6.0 AGENCY COMMENTS ... 6.1 There were no objections from the circulation of this application. - 6.2 Central Lake Ontario Conservation and Durham Region Planning Department had no oOJection to the application. Their comments are included in the conditions of Draft Approval for the Plan of Condominium. - - 7.0 STAFF COMMENTS .,. 7.1 A site plan agreement with the Municipality of Clarington detailing the location of buildings and landscaping features is presently registered on title. The site plan agreement also covers financial matters, including development charges and performance guarantees for landscaping and engineering works. The appropriate Letters of Credit were obtained from the Owner for these performance guarantees. This property is also within a registered plan of subdivision and the appropriate parkland dedication was made through the plan of subdivision. Staff has no objections to the approval of the application for Plan of Condominium. - ... - - - 7.2 Building permits have been issued for two of the three buildings, representing sixty (60) units, and construction has begun. ;-. 8.0 CONCLUSIONS - 8.1 Based on comments contained in this report it is respectfully recommended that the Plan of Condominium be APPROVED, subject to the attached conditions of draft approval contained in Attachment 3. ... - 669 ... REPORT NO.: PSD-056-02 ... PAGE 4 ... Attachments - Attachment 1 - Key Map Attachment 2 - Site Plan Attachment 3 - Conditions of Draft Approval .. interested parties to be advised of Council's decision: - Aspen Heights Limited 1029 McNicoll Avenue SCARBOROUGH,On~rio M1W 3W6 ... - .. .. .,. - - .. ... . - ... .~o 0/: ... ... ATTACHMENT 1 - ... LOT 16 LOT 15 c I ~ - a::: - z ~ - ... " It) c - ~ ~ ffi ~ ~ - < 0: :I: Z 0 ~ 0 ::> - FRY c (f) - (f) LaJ <..> z ... 0 () - - - ~ a::: ... Q ~ Q (ij - - ~ ST. ... ~ Subject Site ~ 83, 87 & 91 Aspen Springs Bowmanvllle Key ~ap 7 t Drive, Bowmanville CC-2002-001 - - - --- .L ATTACHMENT 2 .. ... .................. .................. .. .1 . I~ Itl I 9 "- "- '<.. -s '''. .<:l '\ ~ . ~ /1- \.. ~ \ -s \. \ \ \ \ ~\ .c\\ . r", \..../ L' A \ : "", ... \ \. ... ....... ......... ......... ......... ............... .. f) I ... !t I - g .. i !t - .. 672 .. ... - - - - - - - - - ... ... ATTACHMENT 3 CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF CONDOMINIUM C-C 2002-001 1. The Owner shall have the final plan prepared on the basis of approved draft plan of condominium C-C 2002-001 prepared by J. D. Barnes Limited identified as job number 01-25-202-00, dated January 15, 2002, which illustrates 3 apartment buildings containing ninety (90) residential units. 2. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of an agreement between the Owner and the Municipality of Clarington concerning such matters as follows: compliance with the Municipality's approved site plan in terms of refuse collection, snow storage and driveway entrance maintenance. 3. Prior to any grading, filling or construction on the site, or prior to final approval of this plan, the Owner shall obtain the Central Lake Ontario Conservation Authority's written approval of plans which indicate sedimentation control, and which verify that the Authority's requirements regarding 100-year flood overland flow routing will be accommodated by the proposed development. 4. Prior to final approval of this plan of condominium for registration, the Director of Planning for the Municipality of Clarington shall be advised in writing by: a) Durham Region Planning Department, how Condition 1 has been satisfied; b) Central Lake Ontario Conservation, how Condition 3 has been satisfied; NOTES TO DRAFT APPROVAL - - - 2. - 3. - - - 1. As the Owner of the proposed condominium, it is your responsibility to satisfy all of the conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. All plans of condominium must be registered in the Land Titles system within the Regional Municipality of Durham. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 673 .. - Cl!J!il!gton REPORT - PLANNING SERVICES - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 3. 2002 PSD-058-02 File #: PLN 20.5.5 By-law #: DEVELOPMENT CHARGES EXEMPTION REQUEST OWNER: WM. TONNO CONSTRUCTION LIMITED - RECOMMENDA TIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ... 1. THAT Report PSD-058-02 be received; 2. THAT Mr. Scott Brown's request on behalf of Wm. Tonno Construction Limited for an exemption to the Municipality's Development Charge By-law 2000-108 for the property located at 3112 Tooley Road be DENIED; and - - " ,J. THAT Mr. Brown be advised of Council's decision. ... ... Submitted by: Da Id . Crome, M.C.I.P., R.P.P. Director of Planning Services "- \}/-" / ( /'----; Reviewed by:- _' i !l-L--- R_ ' _,_:_ '--- L( Franklin Wu, Chief Administrative Officer ... - L T*DJC*sn May 28, 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.: PSD-058-02 PAGE 2 .. 1.0 BACKGROUND 1.1 Mr. Scott Brown, by correspondence dated November 5th, 2001, submitted a request to the Municipality asking that an exemption to the Municipality's Development Charges By-.. law 2000-108 be granted for the property known as 3112 Tooley Road in Courtice. .. .. 1.2 The Clerk's Department advised Mr. Brown that Council considered his correspondence on January 14th, 2002. At that time a motion was passed referring his letter to the.. Director of Planning Services. .. 1.3 In summary, Mr. Brown's letter of November 5th (See Attachment 1) noted the following: · The dwelling unit on the property was vacant and damaged through vandalism to the extent that renovation were not an option. · Boarding up the structure would only serve as a temporary solution. The" vandalism will not stop unless the house is demolished. · They are prepared to face the loss of the house value and the additional cost of .- demolishing the house in order to secure the premises but are not encouraged to do this when they are faced, through the policy in the Municipality's Development Charges By-law, with having to pay a development charge if a building permit is ... not obtained within two (2) years of the demolition of the dwelling. · The lands are designated as a proposed separate school site through the Worden .. East Neighbourhood Plan. · Since the Separate School Board has only indicated a "potential future need" for _ this site and has not confirmed that they will be purchasing the site, this property will remain as a proposed school site until such time as the Separate School Board decides the need exists and they decide to purchase the property. ... .. In light of the above it was respectfully requested that they be exempted from the two (2) ... .. year limit to the Municipality's Development Charges By-law and that a development charge only be levied against this lot in the future if and when they are able to build on .. the property. ... 675 .. .. - REPORT NO.: PSD-058-02 PAGE 3 ... ... 2.0 MUNICIPALITY'S DEVELOPMENT CHARGES BY-LAW 2.1 The Municipality's Development Charges Policy Report provided the background principles and direction through which the Jevelopment Charges Quantum was calculated. culminating in the enactment of the Development Charges By-law 2000-108. ... ... ';:.2 Within the Development Charges By-law, Section 3 entitled "Lands Affected by By-law', ... it states this bv-Iaw applies to all lands within the geographic area of the Municipality. This would include all vacant existing lots of record. This pnnclple IS based on the fact - that residential development would increase the need for services. Therefore where a building permit has not been issued, a development charge would be required prior to its ... Issuance. ... 2.3 The by-law does contain an exemption to this principle. Where a dwelling has been demolished, a twenty-four (24) month grace period from the time of demolition to the receipt of the building permit was provided within which a development charge would not be required. - - - Additionally, a second exemption would increase the grace period to a four (4) year timeframe if the Owner of the lands has entered into a Subdivision Agreement with the Municipality. The four (4) year grace period would be from the date of the execution of the Subdivision Agreement and the receipt of a demolition permit. - ... 3.0 STAFF COMMENTS ... 3.1 Wm. Tonno Construction Limited has not taken any actions to date that would implement either of the exemptions within the Municipality's Development Charges By-law as noted above. - - - 676 - ... REPORT NO.: PSD-058-02 PAGE 4 3.2 Mr. Brown, in his written submission, indicated that the Separate School Board has not provided any indications that this is the preferred site of the future separate school for.. the Worden East Neighbourhood. .. ... Council, at their May 13th meeting, endorsed Staff Report PSD-035-02 containing the Worden East Neighbourhood Design Plan. In November 1988 this area of the Clarington... Official Plan was referred to the Ontario Municipal Board (Referral 4) in regards to the designation of a separate school site. In order to avoid an Ontario Municipal Board.. hearing the Municipality entered into negotiations with Mr. Curtis. A settlement was reached between the Municipality, the Peterborough Victoria Northumberland and.. Clarington Catholic District School Board and Mr. Curtis in June of 1997. The Memorandum of Understanding stated that the Municipality would prepare a... Neighbourhood Design Plan for the Worden East Neighbourhood based on a scoped terms of reference whereby, in addition to other items such as servicing and road... patterns, the school would be determined. .. Section 18.4.2 of the Clarington Official Plan requires a minimum of 2.5 hectares be allocated for future elementary schools on full municipal services. The Neighbourhood .. Plan, as approved, proposed the school in the south end of the neighbourhood within access of available services on Nash Road. The neighbourhood is encumbered by .. fragmented ownership. The School Board .indicated that, as they would have to assemble land in order to meet the 2.5 hectare minimum, they wished to deal with as few'" land owners as possible. The chosen site covers three properties, two of which are owned by the same developer. .. In response to the concerns raised at the open house and workshop sessions, the .. School Board was contacted to determine the absolute need for providing a school in this neighbourhood. The Board indicated that the site was necessary and would not .. support removing it from the plan. ... 677 ... .. - REPORT NO.: PSD-058-02 PAGE 5 - 3.3 The Municipality through the completion of the Neighbourhood Plan, has provided the - School Board with the necessary assurances that a school site has been designated within the Worden East Neighbourhood. It has recently been brought to staffs attention - that the property in question has been listed for sale. The School Board has been Informed of the listing. School Board staff has Indicated purcnase of the properties in - question would be dependent on School Board funding. - - 3.4 The Municipality requires development charges to finance caortal works and services to meet the need of population growth. The exemptions and the grace periods provided within the Development Charges By-law were deemed at the time to be reasonable time periods within which a development charge could be waived. Staff cannot support he exemption as requested. - - - 3.5 In the event Council deems it appropriate to consider an exemption, an amendment to the Development Charge By-law pursuant to the provisions of the Development Charges Act would be required. The Act requires Council to hold at least one (1) public meeting. Notice of the public meeting is to be provided by placing an advertisement in the local newspaper(s). The public meeting itself cannot be held any earlier than twenty (20) days after the notice appears in the newspaper( s). - - - 3.6 Following the holding of the public meeting, should Council deem it appropriate to amend the Development Charges By-law, the Clerk is required within fifteen (15) days of the By- law's passage to advertise its enactment in the local newspaper(s). The notice of passage would also specify the last day for filing an appeal. The associated costs of providing the public notifications throughout the process are borne by the Municipality. - - - - - 618 - REPORT NO.: PSO-058-02 ... PAGE 6 .. 4.0 CONCLUSIONS 4.1 In light of the above noted comments, staff respectfully recommends that the request submitted by Mr. Scott Brown on behalf of Wm. Tonno Construction Limited for an ... exemption to the Development Chares By-law 2000-108 be denied. .. 4.2 The Municipality's Solicitor has reviewed, and concurs with, the recommendations of this report. - .. Attach ments: .. Attachment 1- Attachment 2- Applicant's Submission Key Map .. Interested parties to be advised of Council's decision: Mr. S. Brown Wm. Tonno Construction Limited 121 Marica Avenue OSHAWA, Ontario L 1 G 3G9 .. .. .. .. .. .. .. - ... 67CJ .. .. Wm. Tonno Construction Fax:905-723-7711 Dee 13 '01 10:25 D.01 ---r-' .. . 1: ~',:06 ~1!~ "j"~m '.I \~ 'lit . ~';jII~ ~tIft ,. ~.""" '~onno ATTACHMENT 1 - CONSTRUCTION LIMITED SINCE 1954 1:21 P.lARICA AVENUE, OSHAWA ONTARIO. CANADA L 1G 3G9 OlDEC1J F'~ :.,:0~J:31 - TELEPHONE I FAX 905.723-7711 - - ~ovember 5, 2001 - Ms. Patti Barrie, Town Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 ",~:"" " , r'c"" ,,' :-;. , LJ I I ..r. , , '__'~"-....,.-. ""f:~ "";:"'~'Al"';~ ,.,'" ,:1.,,1 . ~.(''''r''/~'- , . , ~., . J - ..- , '. ~:~~~-= -..--- :. '.. "- .... .---...."'".-- . ....-.,", .~..- - - - RE: 3112 Tooley Road Con.3 Part Lot 33 ---... --'- .-.- - Dear Ms. Barrie; - Please be advised that we are the owners of the above noted property, which has approximately a 133-foot frontage on Tooley's Road and approximately a depth of 661 feet. The current house on the property is vacant and damaged through vandalism to the extent that renovation is not an option. In addition this land is under review and proposed for a school site. - - In order to clean up and maintain this property in a proper and safe state we need to "board up" the house or demolish it. Boarding up the house will only serve as a very temporary solution. The vandalism will not stop unless the house is demolished. - - We ace prepared to face the loss of the house value and the additional cost of demolishing the house in order to secure the premises. It is however not encouraging to do all this when we are then faced. through the policy of the Municipality of Clarington, with a Municipa11evy charge if we have not obtained a building permit within two years of receiving a demolition permit. - - Since the lands have been designated as a proposed separate school site through the Worden East Neighbourhood Study, we would not be able to obtain a building pennit at this time, as advised by Municipal staff. - " \ tb ',1emO!:'1 ,)1 C..n,l(j;i'l" HOrll~) Bl/IleJ€r!; ASSC1C1i1l1nn 680 - lurn. Ton:._ Construct ion Fax:905-723-7711 Dec 13 '01 10:26 P.02 .. Since the Separate School Board has only indicated a potential future need for this site and have not confirmed that they will be purchasing this property, this property will remain as a proposed school site until such time as the Separate School Board decides the need exists and they decide to purchase the property. If the need does not exist in the future, they will not require the school site. Because the need for the school currently does not exist, a decision by the Separate School Board will in alllikeHhood not be made for another five to ten years. .. .. .. We are therefore, respectfully requesting that we be exempted from the two year limit in this Municipal policy and that no development charge levy be applied to this lot in the future, if and when we are able to build on the land. .. It would be most appreciated if you could deal with this matter as soon as possible and please inform us of any meetings at which this matter will be dealt with so that we may attend and answer any of your questions. .. .. Yours truly, .. Scott Brown ... cc: Mr. Rick Pigeon, Municipality of Clarington - Building Department Ms. Isabel Little, Municipality of Clarington - Planning Department .. .. .. .. - .. .. .. 681 .. . - - - - - t-- - .. I - I - - - - t-- - I'... - - .. .. .. .. - - - - ATTACHMENT 2 ~ ; 1- I I I [rl / r Subject Property 3112 Tooley Road "JJ ~ I ~.~.~.~~ ,! ~,..~ ~~~ ~ ~_.~ l!"Iii U _- s'TlUSE1 K~ [ ~~I~ -- 0 [ V-- ~CL-Ove~ ---r-- ~ ) ~-- " I J "- \ ,..-- Seperate Elementary 0 School Site (Worden 0 Q I ~ \ c- Nelghbourhood Plan) ~ ~ \r II 0 [~1 \ \ I [] 0 _ 11,0 Dc] CUE! [ ,- L o NASH ROAD ." / ~'\_~// " " Development Charges Exemption Request, Owner: Wm. Tonno Construction Limited - Courtice Keymap - 682 ... - CJ!![.-!lJglon REPORT - ENGINEERING SERVICES DEPARTMENT ... Meeting: Date: ... Report #: - Subject: ... GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MONDAY, JUNE 3, 2002 Resolution #: EGD-29-02 File #: BD.10.05 By-law #: APPOINTMENT OF CHIEF BUILDING OFFICIAL, BUILDING AND PLUMBING INSPECTORS, AND INSPECTORS FOR THE PURPOSE OF FIRE SAFETY REQUIREMENTS ... Recommendations: ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ... 1. THAT Report EGD-29-02 be received; THAT the proposed by-law (Attachment 1) attached 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 2. - ... 3. THAT By-laws 89-173 and 92-87 and all amendments thereto be repealed. ... - Submitted by: ~J A.S. Cannella. C.E.T. Director of Engineering Services ~ I~( -- C~~ Reviewed by: " Franklin Wu Chief Administrative Officer ... - ASC*RP*ce 27/05/02 ... - 701 ... REPORT NO.: EGD-29-02 PAGE 2 ... 1.0 REVIEW AND COMMENT 1.1 The appointment by-law has become outdated and it has been determined that a new appointment by-law is needed. The changes to the original by-law are outlined as follows: ... .. .. 1 ) The addition of Mrs. Lisa Bianca as a Building Inspector. Mrs. Bianca has been working for an Architect and the Provincial Government as a Designer and a Field Inspector for the past 15 years. Her position in Clarington will consist of reviewing building plans, issuing building permits and performing field inspections. ... ... ... 2) The addition of Randy Reinert, William Reid, Bill Hesson and Jacquelyn Hill-Bower as Inspectors as they were not named previously in the appointment by-law as Inspectors for the purpose of fire safety requirements. ... .. ... Attachments: .. Attachment 1 - Proposed By-Law ... .. .. - .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-9282 iii .. 702 ... .. .. ATTACHMENT NO.: 1 REPORT NO.: EGD-29-02 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- ... Being a By-law respecting the appointment of a Chief Building Official. Building Inspectors. Plumbing Inspectors and Fire Safety Inspectors. - .. WHEREAS Subsection 2 of Section 3 of the Building Code Act. S.O. 1992. c.23 as amended, empowers Council to pass certain by-laws respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1. The person shown on Schedule "A" to this By-law IS hereby appointed as Chief Building Official for the MUnicipality of Clarington. - 2. The persons listed on Schedule "B" to this By-law are hereby appointed as Building Inspectors for the Municipality of Clarington. - 3. The persons listed on Schedule "C. to this By-law are hereby appointed as Plumbing Inspectors for the Municipality of Clarington. .. 4. The persons listed on Schedule "0" to this By-law are hereby appointed as Inspectors for the purpose of reviewing plans and performing inspections related to fire access routes, fire alarms. fire detections and suppression systems as may be required under the Building Code Act, 1992 and the Regulations thereto. .. 5. That By-laws 89-173 and 92-87 and all amendments thereto are hereby repealed. .. This By-law shall come into effect on the date of passing hereof. - .. BY-LAW read a first and second time this 10th day of June 2002. BY-LAW read a third time and finally passed this 10th day of June 2002. - .. John Mutton. Mayor .. .. Patti L. Barrie, Municipal Clerk - 703 ... ... SCHEDULE "An TO BY -LAW 2002- Appointing a Chief Building Official for the Municipality of Clarington .. .. Richard A. Pigeon ... ... ... ... ... .. ... ." ... ... .... - ... .. 704 .. ... - SCHEDULE "B" - TO BY -LAW 2002. - Appointing persons as Building Inspectors for the Municipality of Clarington - Lisa Bianca Joe Bonura Dennis George David Keddy George Semenenko .. - - - - - .. - - - - - - '- 705 - ... SCHEDULE "cn .. TO BY -LAW 2002- Appointing persons as Plumbing Inspectors for the Municipality of Ctarington Lloyd Cullen Leslie Shelley 706 ... - .... .... ... .. ... .. .. .. ... .. - "" .. ... .. ... SCHEDULE "0" - TO BY.LAW 2002. - Appointing persons as Inspectors for fire safety requirements for the Municipality of Clarington .. Fire Chief Mike Creighton Bill Hesson Jacquelyn Hill-Bower Randy Reinert William Reid - - .. - ... - .. - ... ... ... - .. - 707 - .. - Cl!1lpn REPORT - ENGINEERING SERVICES DEPARTMENT - Meeting: Date: .. Report #: -- Subject: .. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MONDAY, JUNE 3, 2002 Resolution #: EGD-30-02 File #: PA.22.10 By-law #: PORT DARLINGTON MARINA - CONSTRUCTION ACCESS ON HYDRO EASEMENT - Recommendations: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-30-02 be received; and - 2. THAT Council pass the By-law (Attachment 1) attached to Report EGD-30-02 authorizing the Mayor and Clerk to enter into an Agreement with Hydro One Networks Inc. ("HONI") to obtain construction access permission for lands north of Port Darlington Marina (Attachment 2). .. - - .... Submitted by: ~ A.S. Cannella, C.E.T. Director of Engineering Services ') I'] (; Reviewed by~' j~'t.~ - (\.....;Lt. Franklin Wu Chief Administrative Officer - - ASC*PW*ce 27105/02 .. - 708 - REPORT NO.: EGD-30-02 PAGE 2 1.0 PURPOSE OF REPORT 1.1 To execute an agreement with Hydro One Networks Inc. for construction access to a future municipal park. 2.0 BACKGROUND 2.1 A verbal agreement between the Municipality and the Port Darlington Marina has permitted the marina operator, Mr. Bob Currie. to olace fill dredged from the :T1arina basin on the site of a future municipal park. The site. immediately north of the Marina, is CLOCA land leased to the Munrcipality for the future Bowmanville Waterfront Recreation Area. Hydro One Networks Inc. (HONI) enjoys easement rights over the property for their transmission facilities. 2.2 A grading plan has been prepared to illustrate how the dredged fill material should be graded so that it does not impact the future recreational development of the site. The grading plan will accommodate approximately 14,000 cubic meters of fill. The site is now at capacity. Staff has met with Mr. Currie and he has agreed to: 1) Halt any further placement of fill on the site. 2) Install a siltation control fence as per CLOCA requirements; and 3) Grade the site according to plans provided by the Municipality. 3.0 COMMENTS 3.1 HONI have reviewed the grading plans for the site and have no objections to the proposed work. However, they require the Municipality, as the lease holder, to execute an agreement with HONI to ensure proper construction practices are followed and sufficient liability insurance is available (Attachment 1). 3.2 Since Mr. Currie's staff will do the grading, he must also abide by the conditions of the agreement. Accordingly, he has been given a copy of the HONI schedule of construction practices and must provide proof of insurance to the Municipality 709 ... ... .. ... ... .. ." ... .. ... .., .. - ... - .. .. .. .. .. REPORT NO.: EGD-30-02 PAGE 3 - prior to starting the grading. - 3.3 Mr. Currie has requested that the work be delayed until after his busy season ends in late August or September. This will also allow the site to dry out before the grading takes place. Staff has agreed to this schedule. - eo Attachments: - ... Attachment 1 - Proposed By-Law Attachment 2 - HONI Acknowledgment Letter - .. - .. - .. - - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-9282 - 710 .. ATTACHMENT NO.: 1 .. REPORT NO.: EGD-30-02 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. BY-LAW NUMBER 2002- Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and Hydro One Networks Inc. to allow construction access to across .. WIll THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS ,.l,S FOllOWS: THAT the Mayor and Clerk are hereby authorized to execute. on behalf of the Corporation of the Municipality of Clarington. and seal with the Corporation Seal. an agreement with Hydro One NetworKS Inc. to Implement the recommendations contained in Report EGD-30-02; and _ ... 2. 7HA T this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 1 0.11 day or June. 2002. By-law read a third time and finally passed this 10lh day of June. 2002. .. ... .. John Mutton, Mayor - ... Patti L. Barrie. Municipal Clerk ... ... ... ... .. ... 711 .. .. ... SCHEDULE "A" - THE TERMS AND CONDITIONS mentioned in the attached letter which the Owner and anyone acting pursuant to Its authority (hereinafter called "The Grantee") covenants and agrees to observe and be bound by and to cause adherence to at all times are as follows: - Liability ... All persons and property at any time on the easement land in conjunction with this construction/installation shall be at the sole risk of the Grantee and HONI shall not be liable for any loss, damage or Injury (including loss of life) to them or it however occurring. - 2. The Grantee shall assume all liability and obligation for any and all loss, damage or injury (including death) to persons or property that would not have happened but for this constructionlinstallation or anything done or maintained by the Grantee thereunder or intended so to be and the Grantee shall at all times indemnify and save harmless HONI from and against all such loss, damage or injury and all actions. SUitS, proceedings, costs. charges, damages, expenses, claims or demands arising therefrom or connected therewith .. Insurance - 3. The Grantee shall, at its own expense, arrange and maintain a comprehensive liability insurance policy (throughout all period(s) of construction/installation. naming HONI as co-insured) in the minimum amount of Two Million ($2,000,000) dollars in order to indemnify HONI as provided above. A certified copy of such policy or a satisfactory certificate in lieu thereof shall be given to HONI on or before the commencement of any construction/installation activities. - - Maintenance of Access/Overhead ClearanceslTower and/or Pole Setbacks - 4. HONI and anyone acting pursuant to its authority may, at any time during the construction/installation period(s) and without any notice, enter on the easement land and inspect, maintain, repair, restore, alter, re-arrange, add to, replace, relocate and remove any of its works located thereon and similarly may construct, add, inspect, maintain, repair, restore, alter, relocate and remove any works or equipment on the easement lands as HONI determines necessary or desirable. HONI shall not be liable for and is hereby released from all damages, losses, injuries, costs. charges, expenses, suits, proceedings, claims and demands arising in connection with carrying out work aforesaid, including, without limitation, all claims for damages, indemnification, re-imbursement or compensation by reason of loss, interruption or suspension of business or interference or inconvenience howsoever caused by physical damage to the land. .. - .. 5. The Grantee shall not interfere in any way with or cause any damage to any HONI works or facilities (including poles, towers, footings, distribution or transmission lines) now existing or hereinafter constructed on the easement land. Without limiting the generality of the foregoing, the Grantee shall ensure that minimum clearances between any vehicle, load or other object including attachments or people standing thereon and HONI conductors will be maintained at all times in accordance with the provisions of The Occupational Health and Safety Act, R.S.O. 1990 and any amendment thereto and any regulations passed thereunder (i.e. 3 metres (10 feet) - facilities operating up to and including 115kV; 4.6 metres (15 feet) - 230kV facilities; 6.1 metres (20 feet) - 500 kV facilities). The Grantee shall periodically monitor any and all construction or similar activity occurring on the easement land to ensure that safe clearances to overhead conductors are maintained at all times in accordance with the provisions noted above. Should any clarification be required with respect to the maintenance of appropriate clearances in accordance with these provisions, the Grantee shall be responsible for engaging the services of a qualified engineering or other appropriate professional to provide for such clarifications. .. - - 6 The Grantee shall ensure that a minimum setback of 15 metres (50 feet) in all directions from any pole or tower structure located on the easement land is maintained at all times during construction/installation activities. If poles or towers are located within the construction/installation area, the Grantee shall, at its own expense, install satisfactory temporary fencing or barriers around the affected pole or tower during the construction/installation period(s) to delineate the minimum setback requirements noted previously and restrict all equipment and material from within the fenced area(s). Temporary fencing or barriers must be removed once all construction/installation activities have been completed. - - 7 I/l:onstruction Practices - ..., 7. The Grantee shall comply with the Design Standards of HONI, Canada Standards Association Standard C-22.3, the "Safety Rules and Standard Protection Code" of HONI, The Occupational Health and Safety Act, RS.O. 1990 and an" amendment thereto and any regulations passed thereunder when using heavy equipment on the easement land during construction/installation activities. ... 8. The Grantee shall not change the existing grade of the easement land by any more than .30 metres (one foot) and nc adverse drainage conditions affecting any HONI facilities or plant are to be created as a result of .. construction/installation activities. Save and except what is shown on the plan. 9. If, in the opinion of HONI, the Grantee does anything or permits anything to be done on the easement land in conjunction with the construction/installation activities which may be a nuisance, cause damage, endanger or interfer~ with access to HONI towers, plant or other facilities or be considered dangerous or offensive by HONI acting reasonably, HONI may at the Grantee's expense. forthwith remove, relocate, correct the condition or clear the offending work from the easement lands Without being liable for any damages caused thereby and the Grantee shall .. re-Imburse HONI for all expenses incurred in so doing. Alternatively, HONI may require the Grantee to immediately remove, relocate, correct the condition or clear the offending work from the easement lands at the Grantee's own expense and to a condition satisfactory to HONI. 10. The Grantee shall not allow any buildings. structures (including lighting standards. flag poles. signs or similar Installations). works. work shacks, materials, equipment. trees. garbage, refuse. debris. snow, ice or soil, aggregate 0 other similar installations/materials to be constructed, built, installed, accommodated, completed. stored, parked or "", planted on the easement land at any time. .. 11. The Grantee shall not construct nor allow to be constructed any aerial service lines including electrical power, telephone, cable television, light standards or other similar services within the easement lands. .... 12. he Grantee shall not dispense any volatiles (e.g. gasoline, diesel fuel) or conduct any blasting activities on or in close proximity to the easement land. .. 13. HONI reserves the right to periodically inspect the construction/installation work from time to time and the Grantee agrees to comply with all instructions, including without limitation, instructions to halt construction/installation activities if, in the opinion of such inspectors, HONI works may, from time to time, be interfered with, or the safety of the public .. or such works may be in danger, or the construction/installation activities are not being carried out in accordance with HONI terms and conditions. Restoration .. 14. Upon completion of the construction/installation activities, the Grantee agrees to restore the easement lands (including the repair and/or restoration of all fences, gates, topsoil and ground cover disturbed by construction/installation activities and improvements such as field tiles and wells and earth) to a condition at least equivalent to that existing prior to the commencement of construction/installation activities. .. Other .. 15. The Grantee hereby confirms that the proposed construction/installation complies with all statues, bylaws, regulations, orders and directions of all governmental, regulatory or other relevant approval authorities having jurisdiction over all _ aspects of the said construction/installation and shall provide HONI, upon request, with satisfactory evidence of such compliance forthwith after written request for such evidence. Not withstanding anything herein contained the construction/installation shall be designed and constructed to withstand the following loads: - a) moving heavy equipment - C5-300 loading according to C5A 56 .. b) moving mobile cranes set up for work with counterweights in place - 267 KN per tandem axle, dual wheel, 153m axle spacing, 360mm tires .. 16. The Grantee shall assume liability for payment as they become due for any and all taxes, rates and assessments of every kind whatever, or any amounts in lieu thereof, that my be imposed by reason of this concurrence to the construction/installation and shall at all times Indemnify HONI from and against all such taxes, rates and assessments .. or amounts in lieu thereof. 7 I 3 .. - - .. - - - .. - - - - .. .. .. - - - - - Hy:ro One Networks Inc. ~eal csrate Services 483 Bav Street North Tower, 12th floor ~ Toramo, Ontana M5G 21''5' : ;::r.IC"J www,HydroOne,com t---- ~- I I 1____ I ~- -. I ~." .. ., I"'. " t'-.... I I I Schollen & Company Inc. SUite 109 220 Duncan Mill Road, Don Mills. Ontano M38 3J5 ,8881 231 0657 AITACHMENT NO.: 2 REPORT NO.: EGD-30-02 PiN MI/N!f.:IP^~! TY OF CU\;::lr:'.~ Ii,':'! ~L..I:HIi:O . ,I ~'i fl ~. ,..;,:: --..-- -------.- I., < _, .," J r ,-.,... "- ..---,... ~ I '- f_u.... .___.__..,... I': r----_.' r~ hydro~ one MAV 2 j z~oz ~!-,'~J'_ If' '0 \.1ay 17. '2ob{ File: Clarington 636.3-501 Attn. Mr, John Tibeno Landscape Technician Bowmanville Waterfront Recreation Area - Proposed Distribution & Grading of Fill Across Hydro One Networks Inc. Transmission Line Easement, South of West Beach Road. West of Port Darlinton Road. Bowmanville As a follow up to your letter of February 13, 2002, on behalf of your client the Municipality of Clarington, requesting to distribute and grade fill material (construction/installation) across lands upon which Hydro One Networks Inc. CHONI") enjoys easement rights for our 500,000 volt transmission facilities, has been considered. Please be adVised that subject to the rignts provided for within the original easement agreement (or any subsequent Notice of Claim registered on title), as well as your client's acceptance of and adherence to the terms and conditions noted in Schedule "A" attached, HONI has no objection to the proposed installation at the location noted above. I would request that you arrange for your client to execute the acknowledgment found below and return this letter, as acknowledged, to the writer at Fax No. 416-345-6296, along with proof of insurance. If the acknowledgment and proof of insurance are not returned at least 10 working days prior to your client entering onto the easement to commence the said construction/installation then your client's request to construct/install is expressly denied and prohibited under the terms of the easement agreement. If I may be of any further assistance, please contact me at (416) 345-5833 or at our toll free number 1-888-231-6657, Extension 5833. L ACKNOWLEDGMENT IM/e, on behalf of the Municipality of Clanngton, having authority to bind the corporation, acknowledge haVing read this letter and attached Schedule "A" and agree to adhere to and be bound by these terms and conditions. IM/e understand arid acknowledge that a breach of any of these conditions automatically negates and nullifies HONl's permission for the proposed constructlonllnstallatlon on Its easement lands, Name: 7\4 PosItion: - - CI!J!il1glOn REPORT - ENGINEERING SERVICES DEPARTMENT - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY. JUNE 3. 2002 Resolution #: - Report #: EGD-31-02 File #: D.02.28.04 By-law #: .. Subject: NASH ROAD EAST OF REGIONAL ROAD 34. COURTICE SIDEWALK AND PEDESTRIAN CONCERNS .. .. Recommendations: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-31-02 be received; .. 2. 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 .. - 3. 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. .. - .. Submitted by: ~L A.S. Cannella, C.E.T. Director of Engineering Services \ ~.--: . .. /,- ; ~ 'ZZ: l '-- L L Reviewed by: \........,/. - - , . Franklin Wu Chief Administrative Officer .. - RDB/ASC*ce 28/05/02 .. 7/S ,., 2.0 2.1 2.2 2.2.1 2.2.2 REPORT NO.: EGD-31-02 PAGE 2 .. 1.0 1.1 BACKGROUND At a meeting held on March 18, 2002, the Council of the Municipality of Clarington considered Item D-33, which was a letter e-mailed March 5, 2002 from Christine Hartman of 39 Moulton Court requesting modifications to improve safety and reduce walking distance to school (Attachment 1), and referred the matter to the Director of Engineering Services, the Clarington Traffic Management Advisory Committee and the Regional Works Department. .. .. .. - REVIEW Existing Conditions An adult crossing guard has been located at Courtice Road and Moyse Drive since September 1998 to assist children attending Courtice North Public School. There is a sidewalk on the west side of Courtice Road from Durham Highway No. 2 up to Nash Road to provide a route for students to reach Courtice North Public School. Nash Road, east of Courtice Road, is built to a rural standard, with an open ditch, no sidewalks, narrow shoulders and local traffic volumes of under 1000 vehicles per day. Nash Road reconstruction is not in the 5 year Capital Budget and Four Year Forecast. - .. .. .. ... .. Review of Existing Conditions ReQion of Durham: The Region of Durham reviewed the items which fall under their jurisdiction at the regional intersection of Regional Road 34 (Courtice Road) and Nash Road and have responded in writing to Mrs Hartman in a letter dated April 22, 2002 (Attachment 2). In summation, the collision rate is relatively low and traffic volumes are too low to warrant the installation of traffic signals. .. .. - .. Municipality of ClarinQton: The safety of younger children is provided for by the placement of the adult crossing guard at Courtice Road and Moyse Drive which should be used by students who do not qualify for school bus privileges. To provide a shortened .. .. .. 716 ... - REPORT NO.: EGD-31-02 PAGE 3 - walking distance from 1.3 km down to .785 km, from 39 Moulton Court to Courtice North Public School as requested by Mrs Hartman, a sidewalk would need to be constructed on the east side of Courtice Road from Moyse Drive up to Nash Road. The adult crossing guard with signs and markings would need to be relocated from Moyse Drive to Nash Road. In order to accommodate the :onstruction of a sidewalk on Nash Road from Courtlce Roao easterly to the end )f the suodivision. the roaowav must be reconstructed to uroan standards at the same time to address width and drainage concerns. - .. .. - - Volume of Traffic: Staff reviewed Nash Road for vehicle speeds and volumes auring the periods when school children would be present and recorded the following results: - - · April 12, 2002 - 8:00 a.m. - 9:00 a.m.; combined average speed of 63.3 km/hr, 72 cars, 6 buses, 1 truck=79 vehicles; 4 adults, 10 teens, 1 child= 15 pedestrians .. - · April 12, 2002 - 2:45 p.m. - 3:35 p.m.; combined average speed of 60.8 km/hr, 75 cars, 7 buses, 1 truck=83 vehicles: 1 adult, 6 teens. 1 child= 8 pedestrians .. - The children recorded during the morning and afternoon survey were accompanied by an adult. The existing combination of traffic volumes and level of pedestrian activity do not appear to be a major safety issue. Although the roadway is posted at 50 km/hr, an average operating speed of 60-63 km/hr is not uncommon for a rural roadway with limited residential frontage. The speeds recorded during the survey with use of a radar gun were less than the speed estimates provided by Mrs. Hartman. The average speeds recorded during this survey were not considered dangerous on this recently asphalted roadway. The provision of sidewalks can not be feasibly considered for Nash Road until the roadway is reconstructed to urban standards. The urbanization of Nash Road .. - .. .. - 717 - REPORT NO.: EGD-31-02 PAGE 4 .. will be driven by development proposed on the north side. When this urbanization occurs, sidewalks would be constructed on both sides of Nash Road east of Courtice Road. Until these sidewalks are constructed, parents and elementary students currently have a safe route to school via the existing sidewalk network and crossing guard located at Courtice Road and Moyse Drive. - ... ... 2.2.4 Kawartha Pine RidQe District School Board: Roy Wierenga, Transportation Manager of the Kawartha Pine Ridge District School Board, was forwarded a copy of the letter from Mrs. Hartman by Engineering Services and asked to comment. ""T"he school policy is that students in junior and senior kindergarten are required to walk up to 1 km while those in Grades 1 through 8 must walk up to 1.6 km. On May 16, 2002 the Board reviewed the location and agreed to contact Mrs Hartman to advise her that she does qualify for school bus privileges until her child reaches Grade 1. .. .. - .. ... 2.2.5 Clarinaton Traffic Manaoement Advisory Committee: The Committee reviewed the information at its meeting on May 16, 2002. Since the School Board had reviewed Mrs. Hartman's situation and determined that she does qualify for bussing until her child reaches Grade 1, the matter is resolved until that time. Until additional sidewalks can be constructed in the future in conjunction with other roadworks, the existing safe walking route to .. school should be used by students by crossing Courtice Road at Moyse Drive. .. . ... .. .. Attachments: Attachment 1 - Key Map Attachment 2 - Correspondence from Christine Hartman Attachrrent 3 - CorrespondencE.\ from Region of Durham dated April 22, 2002 .. ... .. 7/8 ... .. - REPORT NO.: EGD-31-02 PAGE 5 - Interested parties to be advised of Council's decision: - Christine Hartman 39 Mouton Court Courtice, ON L 1 E 2W4 Kawartha Pine Ridge District School Board Roy Wierenga. Manager of Transportation 1994 Fisher Drive, P.O. Box 719 Peterborough, ON ~9J 7A.1 - - Clarington Traffic Management Advisory CommIttee Clayton Morgan. Chair 31 Parkway Crescent 30wmanville. ON 1- 1 C 1 B9 - - rtegional MunicIpality of Durham Martin Petersons, Senior Traffic Engineering Analyst 105 Consumers Drive, Box 623 Whitby, ON L 1 N 6A3 - .. - - .. .. .. .. .. Ii. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-9282 .. 7\9 .. o Z E-- Z L'I ~ :r: u <( E-- E-- <( -j I , : ~_:~ ;:: I I ~~ j 01 I (,)1 .:!:... ::::]"0 "0 '- <(~ "OC> ~C) en c Q) .- _en ..J'en 0"0 Q) '- a::u r~ I , i~ I i~--- i - , i ! , ,-- ,- I t:: :J 0--- t) C o ::: :J o ~ (J) ('I) <( Z _oj I I I I I 1 I I I-- I I I I I ' I , I I I I I I I I I I I I I I I I I I I I I w ,> :~- \ l~no~~ NOllnOW- - o o 'fi Q)CI) .u -e~ g~ ()c:: 8 ~ ~ ~ ~-~ E~ ~c;, lJ.j"Q Q) 0 ,u ..c::: -eU :JCI) o () i / / I / ' "E' =5 co "0 ::::] <(C> C)~ .5 'Ci) (;) en .- 0 >< '- wu Q) >< u.92 t:Q. :J E 88 ~ N 8 .lIl: C'I:l ri. .lIl: I Q) 0 I 1 u .... I .- III i c: ('f) 'tJ in I 0 in j I Q) 0 z c;f) -:1 aI e,:, C UI eo w ~ III ~ UI :I C -' ~ CT .- f-4 c ~ ~ 2 Q) ~ ~ ~ 0 .- Q.. I eo I C ~ ~. I \ ~ ~ :1:, I n I I I <( ... ... \\ .. .., .. .... ...: ... .. --~ ~~ .. - ATTACHMENT NO.: 2 REPORT NO.: EGO-31-02 - Proposal Re: Traffic lights/Sidewalk - Submitted by Christine Hartman; 39 Moulton Crt. Courtice - Submission of a proposal for the erection of traffic lights at the corner of Nash Rd and Courtice Rd. Also a request for the construction of sidewalks along Nash Rd. to the end of the existing subdivision. - There are several issues that need to be addressed with regards to these two matters. - 1. The newly renovated Nash Rd. pavement is a grand sight, however this stretch of road has now become a freeway. The previous speed limit of 50 km/hr (or less with potholes) has now become a minimum of SOkrn/hr for every vehicle from motorcycles to 5 tonne dump trucKs from vanous landscapmg companies. - - 2. There is currently no sidewalk on this stretch of Nash Rd., however there is extensive foot traffic coming and going from the newly renovated Faith United Church, as well as the high school students. This poses a safety issue for the pedestrians using this roadway. .... 3. The Northumberland District School Board has advised the parents of students at Court ice North Public School that any Jr. Kindergarten students should have to walk no further than 1 krn to school. However, since there is no sidewalk or lights at the intersection of Nash and Courtice Rd's, the children are forced to walk through the subdivision to the crosswalk at the Courtice Community Centre where there is a crossing guard, back up to Nash Rd. and across to the school for a total of 1.38 km. If this is going to continue then perhaps the school bus should be brought back to this subdivision. - - 4. The intersection at Nash and Courtice Rd's is also a traffic hazard as if a vehicle is crossing Court ice Rd. on N ash going Eastbound, the vehicle needs to be in the middle of Courtice Rd to see traffic coming South on Courtice Rd. This has resulted in many vehicle accidents as well as pedestrians being struck by cars. The sound of screeching brakes is a daily Occurrence at this intersection. - - 5. Not only would traffic lights at this intersection be a great safety solution it would also slow down the traffic along these roadways. The volume of vehicle and foot traffic is immense after the high school lets out, and the young drivers are squealing around the corners to impress one another. - - These issues need to be addressed now, as waiting will result in possible injury. There should not have to be a death to have something done about these problems as it did in the instance of the Courtice and Bloor St intersection. The problem will only become worse as more subdivisions are erected and the population increases. If we solve these issues now our community will be a far more attractive option for future home and business owners. - cc: Mayor John Mutton Councilor Jane Rowe Chief Admin. Officer- F. Wu - - 7t. - - D.Crome - Planning F.Horvath- Operations S. Vokes - Engineering Clarington Traffic Management Advisory Committee D. Malowney - Director: Kawartha Pineridge Public School Board ... ... .. - ... - .. .. .. ... .. ... ... .. .. .. 72!. .. ... - - - - - The Reglon.1 Munlclj)811ty of Durh.m - Works Department - BOX 623 105 CONSUMERS DR. WHITBY ON L 1 N 6A3 CANADA (905) 668-n21 Fax: (905) 668-2051 E-mail: wOrks@region.durham.on.ca - www.region.durham.on.ca - J.R. McCorkell, P.Eng. Commissioner 01 Works - Please quote ourrel: - - - - - - - ... "SERVICE EXCELLENCE fa, au' COMMUNITY" lit April 22. 2002 ATTACHMENT NO.: 3 REPORT NO.: EGD-31-02 Ms. Christine Hartman 39 Moulton Court Courtice, Ontario L 1 E 2W4 Dear Ms. Hartman RE: REQUEST FOR TRAFFIC SIGNALS AT THE INTERSECTION OF COURTICE ROAD (R.R. 34S) AND NASH ROAD AND CONSTRUCTION OF SIDEWALK ALONG NASH ROAD EAST OF COURTICE ROAD OUR FILE: TRA-RR34-5IG We are in receipt of your correspondence dated March 7, 2002. As the intersection of Courtice Road and Nash Road is under Regional jurisdiction, the Municipality of Clarington forwarded your request for traffic signals to us for comment. Your other concerns with regard to sidewalks, designated school crossing and busing are local issues and should be addressed by the Municipality of Clarington. In response to your enquiry, staff conducted an investigation of existing road conditions, reviewed traffic volume counts, traffic signal requirements and the intersection's comsion history. Based on our review, the following information is provided. General Courtice Road is classified as a minor arterial roadway. In the vicinity of Nash Road, it is built to a two lane rural standard. Traffic volumes to the north and south of Nash Road are approximately 4,500 and 6,900 vehicles per day respectively. Nash Road is classified as a collector road under the jurisdiction of the Municipality of Clarington. West of Courtice Road, it is built to urban standards complete with sidewalks, curb and gutter, carrying approximately 4,500 vehicles per day; however, east of Courtice Road, it is built to a rural standard and the traffic volume drops substantially to approximately 1,000 vehicles per day. These traffic volumes are relatively low, well within capacity for these roadways. As this area has been built out for the last ten years, there has been little growth in traffic volumes during our mos~ recent counts. Collision EXDerlence Since 1998, there have been six collisions reported at this intersection. Four of these involved eastbound motorists failing to yield right-of-way to traffic along Courtice Road. One involved a northbound driver, following too close, rear ending another vehicle stopped waiting to turn left onto Nash Road, and one involved a school-aged child running out onto the road in front of a southbound vehicle. ...2 (i IOO'iC Post Consumer 72) - - 2 - Although the collisions occurring at this intersection are of concem to us, six collisions over a three year period are not considered unusual for an arterial intersection through which close to 8,500 vehicles pass daily. It should be noted that the number of incidents reported over this period represents a relatively low collision rate and is not atypical of other similar intersections in the Region. .. ... In your correspondence, you identified' two trees on the intersection's northwest comer as a sight obstruction to eastbound motorists. Although we do acknowledge that these trees do restrict visibility, they do not appear to be a contributing factor in the collisions occurring at this intersection. . .. ... Need for Traffic Slanals The need for traffic control signals is determjned by guidelines and warrants established by the Ministry of Transportation of Ontario and endorsed by Regional Council. Generally, these guidelines provide that traffic control devices are used under the appropriate conditions, otherwise they may create more hazardous conditions than which may currently exist. These guidelines consider safe vehicle approach speeds, intersection configuration, collision history, proximity of other signals, street classification, vehicular and pedestrian volumes, side street delay and driver visibility. Based on our findings, none of the minimum warrant criteria for traffic signals are satisfied at this location. At. this time, due primarily to the relatively low traffic volumes along both Courtice Road and Nash Road, this intersection only meets 69% of the traffic volume, and 47% of the delay components of the minimum warrant requirements for the installation of traffic signals. . .. .. .. .. Staff observations also identified that there are a number of high school students crossing Courtice Road at this intersection and randomly mid-block both to the north and.south of Nash: Road. When doing so,. they tend to take the most direct route, using the available gaps in traffic along Courtice Road. Implementation .of traffic signals would require these students to wait for the walk cycle. Given the relatively low traffic volume along Courtice Road, most of these students will consider this delay unacceptable and without extensive police enforcement will not wait for the traffic signal to cycle continuing to cross at will. It is unlikely that these crossings can be discouraged but until such time as sidewalks are provided along the east side of Courtice. Road and along Nash Road east of Courtice Road, we do not want to encourage additional crossings at this intersection. by the installation of traffic signals. It is a common misconception. that traffic signals will make every intersection safer. Although traffic control signals are effective in reducing broadside collisions, they usually increase rear- end type collisions. Due to the lower severity of the latter, it is considered an appropriate trade off. .. .. .. ... .. Also it is important to note, that the installation of a non-warranted traffic signal a.t this location would increase delay to all traffic whether on Courtice Road or on Nash Road. Motorists become aware of unwarranted traffic controls. which leads to driver frustration, contempt for, and non-compliance with the traffic signals,. hence decreased overall safety. .. .. 11III 72.-+ ...3 .. ... - - 3- - Traffic signals are ineffective as speed control devices and may actually have the opposite. effect, as drivers attempt to beat the light or as they sub-consciously attempt to make up for lost time after having had to wait for a red signal. Likewise the squealing of tires is likely to increase, as motorists brake for, or accelerate away from, the signals. - - Although our answer is not supportive of your request, I trust the information provided addresses'your concems and explains the methodology followed in establishing requiremen.ts for implementing traffic control signals. We share your interest in traffic safety and thank you for expressing your concems and bringing this matter to our attention. - Should you have any further questions, or require additional information. please feel free to contact me at 905-668-7721, Ext. 5333. - - Yours truly, /\ d~ - Martin Petersons Senior Traffic Engineering Analyst - MDP/ps cc: B. Szwarz, Manager, Traffic Engineering and Operations R Baker, Traffic Co-ordinator, Municipality of Clarington - Ref.: C Hartman - - .. - .. -- - - 72j - I ! ~ i I. Cl!J!ilJgton ~ I.. REPORT OPERATIONS DEPARTMENT i.. i. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~ Date: June 3, 2002 .. Report #: OPD-010 -02 File #: By-Law #: !: -.. Subject: Vandalism Update ! ~ ~ .. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-010 -02 be received for information; L I L. i ~ l i. ') J'--rl (. (' L/, ~ Submitted by: Reviewed by: 'J r <-c.:-~ ~-"-- '--- '-_ L ( Fred ~. Horvath, B.A., RD.M.R, RRF.A. Franklin Wu, M.C.I.P. Director Operations Chief Administrative Officer L 801 l.. REPORT NO.: OPD-010 -02 PAGE 2 1.0 BACKGROUND As Council is aware over the past two summer seasons our Municipal parks have been subject to various acts of vandalism and crimes. Graffiti and burning holes in playground equipments are just some of the examples of the vandalism throughout our Municipality. Staff believes that there is no one strategy that wlil end the vanaalism alagulng the community parks. However, with a strong community effort involving the Municipality, Durham Regional Police. the business community and citizens at large, we can prepare various strategies to address the problem in a proactive way. Some of the initiatives may include the following: 1. Placing video surveillance cameras in one park and planning at least one camera for another on a trial basis 2. Forming a program of volunteer citizens who will monitor the parks for illegal activities 3. Investigate the enforcing of a parks curfew at one, several or all of our community parks 4. Development of specific strategies in various parks across the Community 5. Regular meetings with all partners commencing June 20,2002 to discuss trends, issues and preventative measures 6. Reward program to any person who supplies information leading to a conviction. 2.0 2002 BUDGET PROGRAM In review of all of our incidents reported in 2001, staff will be undertaking the following actions in 2002 to hopefully decrease the amount of vandalism: 1. Installation of new door frames and hinges at Rotary Park 2. Replacement of wooden stair treads with metal at Rotary Park 3. Installation of additional lighting standards at two locations in Bowmanville 802 .J j .J J .J J j J j J J J J J J J J J J L REPORT NO.: OPD-010 -02 PAGE 3 ~.. f ... f, .. Staff will also be monitoring one other park in the Courtice area since this is an area that has been attractive for vandalism. One suggestion would be the removal of the existing playground structure to another location. .. 2.1 Durham ReQional Police Staff has met with representatives for the Durham Regional Police including Inspector Tom Cameron. The Police Department will be continuing their awareness program with all Grade Six classes across the Municipality as well as including a segment on crime prevention in their orientation program to Neighbourhood Watch. It should be of note, that under the Parental Responsibility Act, parents whose children are found guilty of committing offences can be held liable for financial retribution. Parents as well can be held responsible. Over the past two years, the Municipality has been successful in recovering costs from convictions involving damages to Memorial Park in Bowmanville and damages to the courtyard area of the Municipal Administrative Centre. In accordance with By-Law #92-125, any person who contravenes any provision of this By-law is guilty of an offence and liable upon conviction therefore to a fine of not more than two thousand dollars. All residents are urged to report any incidents of vandal isms to the Durham Regional Police at 905-579-1520 or Crime Stoppers at 905-436-TIPS (8477). L L L L L l t i.. L L L t I. 1 ~ ... 1 ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263.2292 F (905) 263-4433 803 L L l L L L L L L L L L L l L L L L L C[![.i[]glon REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 3, 2002 Report #: COD-28-02 File#_ By-law # Subject: SUPPLIER INFORMATION NIGHT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-28-02 be received for information. Submitted by: e Marano, H.B.Sc., C.M.O. Director of Corporate Services J- -- /)/1 ." Reviewed by: C ~ - c.....J~ Franklin Wu, Chief Administrative Officer MM/LAB/km 1201 REPORT NO.: COD-28-02 PAGE 2 BACKGROUND AND COMMENT Over the past several years, the Purchasing Division has been making every effort to encourage local suppliers to participate in the Municipality of Clarington bidding process. Initiatives have included presentations and participation in the Oshawa/Clarington Chamber of Commerce Reverse Trade Shows as well as the Canadian Professional Sales Association Conference. In 2000, The Municipality of Clarington held it's first Supplier Information Night which attracted approximately 50 participants. In 2001, the Municipality of Clarington was instrumental in organizing the Durham Purchasing Co- operative Supplier Information Night, which attracted approximately 200 participants. It is staffs opinion that in many cases information sharing and education of our supplier base is the key to success. Many small suppliers feel intimidated by the bidding process and do not fully understand tendering issues. Our local suppliers have a competitive local advantage and it is the objective of the Purchasing Division to utilize this advantage wherever possible. In order to continue the educational process and build on our success, the Municipality of Clarington will be hosting it's second "Supplier Information Night" to be held on June 13th, 2002 at 7:00 pm at the Courtice Community Complex. This event will be advertised in local newspapers, on the Municipality of Clarington Website, and through the Clarington Board of Trade. In addition, personal invitations will be sent out based on our existing list of potential bidders as well as those listed in the Municipality's Business Directory. The evening will include speakers from the Municipality of Clarington, the Kawartha Pine Ridge District School Board, the Durham Purchasing Co-operative, Electronic Tender Network, Inc. and the Clarington Public Library. 1202 J J J J J ] J J J J J J J J J J J J J L L L L l L L L L L L L L L L L L L L REPORT NO.: COO-28-02 PAGE 3 It is hoped this unique opportunity will provide valuable information to both current and prospective suppliers. Upon completion, this event will be evaluated and a summary report provided to Council. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 \203 L L L Cl~n REPORT , L. L L L L L L L L L L L L L L L FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY JUNE 3, 2002 Resolution #: Report #: FND-009-02 File #: By-law #: Subject: LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION OR REFUND OF TAXES Recommendations: It is respectfully recommended to Council the following: 1. THAT Report FND-009-02 be received; and 2. THAT the attached list of applications for cancellation, reduction or refund of taxes be approved. Submitted by: Reviewed b~~ klin Wu 11' Chief Administrative Officer NMT/MWF/hjl 1301 REPORT NO.: FND-009-02 PAGE 2 J J J J J J j J J J J J J J J J J J J BACKGROUND Pursuant to Sections 441,442 and 443, Chapter M.45 of the Municipal Act R.S.O. 1990, a list of applications for cancellation, reduction or refund of taxes is presented to Committee for its review and approval. Section 442(12) indicates that the Council shall hear and dispose of every application not later than the 30th day of April in the year following the year in respect of which the application is made. The last day for making application for the previous year's tax reduction is the 28th day of February in the following year. More specifically, under Section 441, the Treasurer shall recommend to Council that outstanding taxes be stricken from the roll. To strike taxes from the roll it must be by reason of a decision under Section 442 or 443, or of a decision of a judge of any court or that the taxes are uncollectible. An application for a cancellation, reduction or refund may be made for one of the following reasons: · Ceased to be liable to be taxed" at rate it was; · real property becomes exempt; · razed by fire, demolition or otherwise; · damaged by fire, demolition or otherwise (substantially unusable) · removal of a mobile unit; · sickness or extreme poverty; · gross or manifest clerical error; and · repairs/renovations preventing normal use of period of 3 months. The 442 and the 443 process begins when an application is prepared by either the Regional Assessment Office or the Tax Department. The neighbourhood assessor will perform an on-site inspection of the property. The assessor will verify the reason for the application, the period of time, for which the tax relief is claimed, and the amount and type of assessment that is affected. The application is then sent back to the Tax Department where the actual tax adjustment is calculated and the taxpayer's account adjusted. The total amount of taxes to be written off, for December 2001, as shown in Attachment "A", totals $1,787.08. The total for the 2001 calendar year is $20,996.72. This total represents the Municipality's share only. For comparison the values of taxes written off under Section 442 and 443 at December 31,2000 was $43,255.69 for the municipal portion only. 1302 L L L L L l L L L L L REPORT NO.: FND-009-02 PAGE 3 Also included in this report as Attachment "B" are 2002 write-offs for January to May, totalling $6,520.67 for the municipal portion. Also reflected in the Municipality's write-off account, but not included in this report are reductions due to Assessment Review Board. Ontario MUnicipal Board and Court Jecisions. These write-offs. because they are by court decision. are Irreversible and final, and are therefore written off directlv to the account and are not required to form part oi this report. This includes minutes of settlement for assessment appeals. At December 31.2001, this account (7007-X-0252) had a balance of $317,495.43, which is greater than the 2001 budget amount of $90,000.00. This is higher than 2000 due to the catch-up of 1998 to 2000 appeals backlogged at the ARB for properties in the capped classes and significant 2001 appeals due to the reassessment year. This also includes the Municipality's share of post-cut-off capping adjustments. These are significant and include new construction tax adjustments that are not permitted to be funded through the clawback mechanism. The comparative account values at December 31, 2000 for this account were a final balance of $272,251.27 and a budget value of $90,000.00. Attachments: ~ L. L l Attachment "A" - Write-Off Report December 2001 Attachment "B" - Write-Off Report January to May 2002 , La l L L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0608 1303 >- .Q ~ u_ E C ,_ ea J! .S:! u"Q. 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'elf :: I/) Q) e CD 0 ~ :~ - Q) SO ~CD "CC ee( Ill" .. e <:Jill L L L L L Clw:.iyglon REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE L Date: MONDAY, JUNE 3, 2002 Resolution #: l lit Report #: FND-010-02 File #: By-law #: Subject: CASH ACTIVITY - FIRST QUARTER OF 2002 L L L L L L L L L Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-010-02 be received; 2. 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 attached schedule; and 3. THAT Part "A" of the expenditures for the first quarter of the year be confirmed. " / / AI ~ Reviewed b :y" Yf ,kf/' r n !in Wu, 1/[/ _\Y Chief Administrative Officer. Submitted by: NT/LG/hjl L L L 1306 REPORT NO.: FND-010-02 PAGE 2 J J J J J J J J J J J J J J J J J J J BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions for the first quarter of 2002, the cash investment position, the taxes receivable position and statistical information for the month ending March 31, 2002 and the comparative information for the month ending March 31. 2001. The attached schedules for the development charges information is for the months of January, February and March 2002. Attachments: Attachment A - Analysis of Revenue and Expenditures - First Quarter of 2002 Attachment B - Continuity of Taxes Receivable - As at March 2002 Attachment C - Statistical Information - As at March 2002 Attachment D -Investments Outstanding - As at March 2002 Attachment E - Development Charges Information - January 2002 Attachment F - Development Charges Information - February 2002 Attachment G - Development Charges Information - March 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0608 1307 L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON Analysis of Revenue and Expenditures for the First Quarter of the Year 2002 L PART "A" Firmptlarter First Quarter <: <2002 2001 BANK BALANCES AS AT: JAN. 31, 2002 JAN. 31.2001 FEB. 28. 2002 FEB. 28, 2001 GENERAL FUND 3,844,701 3,488,340 11,624,574 4,814,103 RESERVE FUND 5,138,977 2,210,315 4,170,360 804,962 MUNICIPAL BOND INVESTMENTS 2,236,041 2.110,824 2,245,563 2,120,631 L L REVENUE RECEIVED FOR GENERAL OPERATING AND RESERVE FUND PURPOSES: ..... ...... ..' TAX PAYMENTS RECEIVED LINEAR PROPERTIES PROVINCE - SAMUEL WILMOT NATURE AREA PROVINCE - COMMUNITY REINVESTMENT FUND CANADIAN WASTE - RENT AND ROYALlTIES DURHAM REGION - PROVINCIAL OFFENCES ACT DURHAM CENTRAL AGRiCUlTURAL SOCIETY -2nd LOAN REPAYMENT MEDIACOM - ADVERTISING . SHELTERS INSURANCE COUNCIL CANADA - ROAD WATCH PROGRAM CITY OF OSHAWA-SHARE OF COSTS- TOWNLlNE ROAD-20oo CAPITAL BOWMANVIUE HERITAGE BOOK SALES DEVELOPMENT CHARGES-TOWN GENERAL INTEREST DEVELOPMENT CHARGES-SCHOOL BOARD DEVELOPMENT CHARGES-REGION :~:.c" I. '.. 0 29;000 12;84(r .. 1S$;4~ . 0 .. .. 0 . <.0. q 90' .<... >724i152 < 4;47$;4$5 4~;93$ )8::: L L i j ... L . . . . . . . . . . . . .......... . . . . . . . . . . . . , . . . . . . . . . . . . . ..........,.. . .......... . .......,..,. . .......",.. . ........... . ..........., . j3(f9$.id$2' USE OF FUNDS: . . . . . . . . . . . . . ............ . ............ . ............ . ........... . .......... ". ........... ". . . . . . - . . . . . . L PAYROLL REGION LEVY SCHOOL BOARD LEVIES GENERAL-INCLUDING CAPITAL EXP." ......... -. .......... . ,........ .. , . . . ". . . . . . . , . . . . . . . , . . . A;~t;~' .iO$1:i9~' ,::~;~;~: '12'45$.i71if L .", . . . .. . NET CASH PROVIDED (USED) ...... .. ....'......, . 6()'t~~: ......' .... l L FINANCIAL POSmON: BANK BALANCE bEC. 31, 2001 L L GENERAL FUND RESERVE FUND MUNICIPAL BONO INVESTMENTS HOST COMMUNITY FUND IN TRUST INVESTMENTS (GENERAL + RESERVE FUNDS) 1,594,760 3,240.241 2,225.740 10,000,000 62,394,202 TOTALS 79.454,943 L L ! L. NOTE A: Difference in comparison between years due to timing difference in receipt of funds. . 1308 L 20,498,604 1,846.978 6.500 29,000 81.723 88.603 11.000 I 30.000 I 3,000 I 62.650 I 2.768 414.893 . 3,147,310 1,455,928 84,628 622,501 28,386,086 3,554,553 7,640.466 5,351,999 6,n4,398 23,321,416 5,064,670 NET CASH. ./WK BANK PROVIDED :"'.IMiiA.Nee BALANCE I IUSED' MAfb:iOi:2002 MAR. 30, 2001 5,259,555 1 .742,003 30,466 o 16,430,587) ...."...... . ............. . ....,...... -. ... -......... ............ . . . . .' .................... . . . . . . . . . . . . ....,....... . ?Q~~~$.' li=! i~.'. 3,159,394 912,400 2,131,397 o 49,248.510 ..... ..... .......... . .......... . ......... . ......... . ......... . ........... . 601 ,4378()OSS.3aO 55,451,701 CORPORATION OF THE MUNICIPALITY OF CLARINGTON Continuity of Taxes Receivable for the First Quarter of the Year 2002 PART "S" J J J J J J J J J J J J J J J J J J J January 1, 2002 BEGINNING BALANCE INTEREST TAXES RECEIVABLE ADDED BILLED ~f;lqli( MARCH PAYMENTS2~:/ 2001 BALANCE IADJUST.... Note 2 . . . . . , . . . . . ........ . ...,'.., . CURRENT YEAR TAXES PENAL TV AND INTEREST (1,049,430) ,'...... .'. ....".. . 19,771,149 18,721,719 (18.089,801) :e3:1d~f.$ (2,935.744) 56.357 56,357 122,038) :.:3i4:3t9. /141 FIRST PRIOR YEAR TAXES PENAL TV AND INTEREST 3,845,699 184,847 167,059 ......... . . . . . . . . . . 3,845,699 (1,478,311) ~;3$i;_: 4,151.886 351,906 /120.729) H2S!1H1f 182,958 SECOND PRIOR YEAR TAXES PENAL TV AND INTEREST 3,061,120 206,409 60,847 3,061,120 267,256 . . . . , . . . . . . .' '. . , . . . . . . .. .,...... (429,828) 2;$~t;~~: 1,560,111 163,436\ :200[820: 194,221 THIRD & PRIOR YEARS TAXES PENAL TV AND INTEREST 1,882,609 590,994 64,535 1,882,609 655,529 .......,.. . (330,786) :~;$~t;i~: 1,594,917 /67,657) ::<S8:1'&.'1::f 541.706 TOTAL 8.722,248 348,798 19,771,149 28,842.195 20,602,586) ~:~ij$i! 5.289,914 ... Includes refunds. write-offs, 496's, etc. NOTE 1: Tax payments do not tie into Part A due to timing differences since Part A is on a cash basis (ie. difference due to outstanding deposits) NOTE 2: For information purposes only. True comparison to prior year not applicable due to changes in the tax legislation. NOTE 3: Final 2002 budget not yet determined NOTE 4: 2002 Interim Installment months: February and April. 2001 Interim Installment months: March and April. NOTE 5: March 2001 Current vear taxes are in a neoative position because thev represent prepaid taxes for April 2001 installment. 130~ L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "e" ~ L L L STATISTICAL INFORMATION L L L L L L l L L l L FOR THE MONTH OF MARCH YEAR TO DATE Tax Certificates 45 194 Number of Properties eligible for Tax : Registration (see Note 1) 101 .. see Note 2' I Accounts Payable Cheques Issued ! ; #54196 to #54350 and #46411 to #46722 (Note 3) 467 1.783 Number of Births Reaistered 52 128 Number of Deaths Reaistered 24 86 Note 1: Only includes those properties whose arrears are greater than $10,000. Note 2: Number of eligible properties for tax registration not applicable for year-to-date comparison. Note 3: New number series for accounts payable cheques. L L L 1310 CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING AS AT MARCH 30. 2002 PART "0" FINANCIAL INVESTMENT INTEREST # OF DAYS MATURITY MATU~~TYII INSTITUTION COST RATE O/S VALUE OAT GENERAL FUND MTL 1,395,100.00 2.07% 62 1,400,000.00 May 2/02 TO 4,986,050.00 2.04% 50 5,000,000.00 May 1/02 TO 4,972.500.00 2.17% 93 5,000,000.00 Jun 21/02 I I TOTAL GENERAL FUND n .35~6S0~OO:: RESERVE FUND RBC 182.177.00 6.20% 1,095 218.206.00 Aug 1/03 RBC 1 ,425.999.88 5.11% 1913 1,851,467.00 June 1/06 RBC 1,683.100.32 5.15% 2019 2,221,035.00 Sept. 15/06 WOOD GUNDY 1,855,574.20 5.15% 1913 2,414,000.00 June 1/06 : RBC . 295,000.00 8.50% 3285 295.000.00 May 26/04 RBC 774,999.81 5.25% 1249 922,509.00 Dee 15/02 RBC 287.862.47 5.40% 1319 347.702.00 Feb 23103 RBC 771,999.33 5.40% 1596 970.580.00 Nov 27/03 RBC 1.566,467.00 5.45% 1826 2,042,463.00 Jan.29/06 RBC . 1,114.680.00 4.90% 730 1.114,680.00 June 26/03 RBC . 500.000.00 6.25% 365 500.000.00 June 21/02 RBC 1.600,000.00 5.05% 365 1.680,800.00 July 12/02 RBC . 475.000.00 8.58% 2761 475,000.00 Mar 17/03 RBC . 2,513,000.00 5.00% 365 2,513.000.00 May 9/02 WOOD GUNDY' 250,000.00 6.50% 1839 250,000.00 June 21/0~ RBC . 500,000.00 4.25% 365 500,000.00 June 21/0~ RBC 1,815.962.00 5.00% 1825 1.906.760.10 Feb. 7107 RBC 601,664.00 5.30% 1461 739.720.00 Feb. 5/05 RBC . 1,482,702.57 5.50% 1825 1.487,000.00 Feb. 13106 RBC . 1,400.000.00 3.50% 730 1.449,000.00 Nov. 28/03 \ 3 \ I J J J J J J J J J J J J J J J J J J J t L. CORPORATION OF THE MUNICIPALITY OF ClARINGTON INVESTMENTS OUTSTANDING AS AT MARCH 30, 2002 L L L L L RESERVE FUND t L. L L L L L L L L L TOTAlAESEAVEFUND TOTAL INVESTMENTS PART "0" FINANCIAL INVESTMENT INTERESl # OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE RBC RBC ABC RBC RBC. RBC . IRBC RBC . WOOD GUNDY. RBC ABC RBC ABC WOOD GUNDY. ABC ABC ABC HSBC RBC TO RBC. ABC 1,566,466.88 933,400.00 58,479.40 25,125.57 Ii 250,000.00 250.000.00 1,323.000.00 1.056.000.00 638,000.00 945.210.00 43.523.00 942,893.00 855,000.00 485,000.00 1,520,617.00 548.000.00 534,978.37 2,569,319.75 118,693.50 8,255.786.75 553,392.00 40,891.57 4.4~Q9.9B5-,31H .....................,...... ............ . ............'............ . . ................... . . . . . . . . . . ..... .'. . ',' . ' . . . . . . . . . . . $S~9$.$.~i5J3'i: . Investment interest paid on a monthly/semi-annuaVannual basis L L L 5.30% 5.20% 5.95% 5.95% 4.75% 5.25% 5.00% 5.00% 5.40% 5.60% 5.50%j 6.30% 5.35% 4.35% 5.35% 5.40% 5.20% 2.15% 5.10% 1.90% 3.70% 5.20% t312 1386 1,904,519.00 1827 1,202,670.00 2032 80,639.00 2025 34.613.00 1839 250,000.00 180 I 250.000.00 365/1,389.150.00 365 1,108.800.00 15981. 638.000.00' 730 , 1.054,038.00 10951 51.107.00 1825 1.239,904.30 1832 1,065,102.90 365 485,000.00 1826 1,973,297.00 1507 548,000.00 1729 679,942.00 91 2,583,091.99 1976 155.297.00 91 8.294,894.30 732 553.392.00 482 43,171.00 Nov. 15/04 Nov 12/02 Dee 15/02 Dee 15/02 June 21/03 Jun 21/04 May 1/02 May 28/02 June 1/05 Dee.21/02 Dee.21/03 Oct 27/03 Mar 1/04 Apr. 1/02 Mar.15/07 Apr 7/03 Dee 1/03 Jun 3/02 Oct. 15/04 Apr. 22/02 Sept. 23103 Dee 15102 CORPORATION OF THE MUNICIPALITY OF CLARINGTON JANUARY 2002 PART "E" J J J J J Development Charges Education Education Total Town Region English Separate English Public 673668 Ontario Limited 36,764.00 14.634.00 20.284.00 438.00 1,408.00 Longworth Ave., Bowmanville 40M-2022 Pt Lot:55, 56 B/P # 01.1042-3 Sl Marys Cement 628.46 475.16 36.80 116.50 400 Waverly Rd., Bowmanville Con: bf Lot 15 B/P # 01.0973 Clamew Developments Inc. 54,010.00 29,462.00 20,856.00 876.00 2.816.00 Brookhouse Dr., Newcastle 40M-2038 Pt Lot:27, 11, 17, 20, 39 B/P # 020006, 7, 9, 01.1002, 3 Prestonva'e He'ghts Limited 18,431.43 7,366.43 10,142.00 219.00 704.00 22 Glen Eagle Dr., Courtice 40M-1929 Pt Lot:48 BIP # 01.1040 TOTALS 109,833.89 51,937.59 51,282.00 1,589.80 5,044.50 1313 J J J J J J J J J J J J J J L L . L. L L , i .. L L L L L L L L L L ~ '- L ~. L' PART "E" CONTRIBUTIONS - CASH-IN-LIEU OF PARKLAND Total Cash-in-Lieu of Parkland 0.00 CONTRIBUTIONS - ENGINEERING AND INSPECTION FEES I I Total Engineering and Inspection Fees Contributions 0.00 CONTRIBUTIONS - ROADS Total Roads Contributions 0.00 ) 3 14 CORPORATION OF THE MUNICIPALITY OF CLARINGTON FEBRUARY 2002 PART "F" J J J J J Development Charges Education Education Total Town Region English Separate English Public Todd Hooey 923.00 0.00 0.00 219.00 704.00 40 McCallum St.. Hampton Con 5 Pt Lot 19, RP 10R1902 Pt 2 B/P # 01.1014 Jose Sanchez 923.00 0.00 0.00 219.00 704.00 2 Gearings La Darlington, Darlington I 10M-0751 Pt Lot 13 B/P # 02.0003 St. Stephens Estates Inc. 73,528.00 29,268.00 40,568.00 876.00 2,816.00 Sprucewooct Cres., Bowmanville 40M-2048 Pt Lot 56, 77, 45, 18 B/P # 02.0024,25,28,31 673666 Ontario Limited 91,910.00 36,585.00 50,710.00 1,095.00 3,520.00 Longworth Ave., Bowmanville 40M-2022 Pt Lot 50-54 B/P # 02.0048 - 52 Orchard Park Estates (Bowmanville) Inc. 183,200.00 65,853.00 89,040.00 1,971.00 6,336.00 Scottsdale Dr., Bowmanville 40M-2066 Pt Lot 12-14, 31, 36, 40, 41, 70L&R B/P # 02.0013-15,57-61,01.0934 1441660 Ontario Inc. 34,526.00 14,634.00 18.046.00 438.00 1,408.00 Cecil Found Crt., Couritce 40M-1945 Pt Lot 15L, 15R B/P # 02.0074 - 75 Shirley Benschop 923.00 0.00 0.00 219.00 704.00 2758 Concession Rd 4, Darlington 10R-3550 Part 4 B/P # 01.0776 Orchard Park Estates (Bowmanvill~) Inc. 21.32 21.32 0.00 0.00 0.00 3 Barlow Crt., Bowmanville 40M-2066 Pt Lot 82R B/P # 01.0947 HSBC Bank - Dtox 2,201.89 2.201.89 0.00 0.00 0.00 B/P # 98.1006 TOTALS 368,156.21 148,563.21 198,364.00 5,037.00 16,192.00 J J J J J J J J J J J J J 1] L L L L L L L L L L l t L. L L L L ~ L , l .. L PART "F" CONTRIBUTIONS - CASH-IN-L1EU OF PARKLAND 1413345 Ontario Inc. 1,000.00 Total Cash-in-Lleu of Parkland 1,000.00 CONTRIBUTIONS - ENGINEERING AND INSPECTION FEES 289143 Ontario Inc. 18T -95023 2001544 Ontario Inc. 72.225.00 66,672.03 Total Engineering and Inspection Fee. Contributions 138,897.03 CONTRIBUTIONS - ROADS Total Roacl. Contributions 0.00 1316 CORPORATION OF THE MUNICIPALITY OF CLARINGTON MARCH 2002 PART"G" J J J J J Development Charges Education Education Total Town Region English Separate English Public St. Stephen's Estates Inc. 36,764.00 14,634.00 20,284.00 438.00 1,408.00 Sprucewood Cres., Sowmanville 40M-2048 Pt Lot 14,57 SIP # 02.0026, 29 Ridge Pine Park Inc. 32,960.00 29,268.00 876.00 2,816.00 Wilmont TrI., Wilmont Creek Pt Lot 123, 177,182,460 SIP # 02.0157-58,98, 100 Ridge Pine Park Inc. 16,480.00 14,634.00 438.00 1,408.00 Niagara TrI., Wilmont Creek Pt Lot 29A, 34 SIP # 02.0097, 101 Ridge Pine Park Inc. 8,240.00 7,317.00 219.00 704.00 118 Sluffs Rd., Wilmant Creek Pt Lot: 400 SIP # 02.0099 Gay Company Ltd. 68.264.78 29,268.00 35,304.76 876.00 2,816.00 Richfield Sq.. Courtice 40M-1994 Pt Lot 48 L&R, 47 L&R BIP # 02.0062 - 65 Richard Trolly 10,852.00 7,317.00 2,612.00 219.00 704.00 4490 Gilmore Rd., Clarke 10R-245 Pt: 2 . SIP # 02.0086 Mike Williams 10,852.00 7,317.00 2,612.00 219.00 704.00 49 Venton Crt., Tyrone 40M-2009 Pt Lot 16 SIP # 02.0076 ole Limited 11,594.76 3,914.52 6,491.30 285.42 903.52 1200 Haines St., Sowmanville Con: 1,Lot8 SIP # 01.1007 673666 Ontario Limited 55,146.00 21,951.00 30,426.00 657.00 2,112.00 Longworth Ave., Sowmanville 40M.2020 Pt Lot 13 - 15 SIP # 02.0070 - 72 St. Stephens Estates Inc. 147,056.00 58,536.00 81,136.00 1,752.00 5,632.00 Sprucewood Cres., Sowmanville 40M-2048 Pt Lot: 1, 13, 17, 62. 76, 78, 79, 80 SIP # 02.0027,30,41 .45-47, 02.0012,27 Doug Humphrey 8,240.00 7,317.00 219.00 704.00 40R-16355 Part:1 SIP # 02.0079 J J J J J J 1317 J J J J J J j J ~ '- L L I l .. ., ~ ... L I L. l L I 1.. L ~ L. L L L << L. L L , t i .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "G" MARCH 2002 Development Charaes Education Education Total Town Region English Separate English Public 1419108 Ontario Inc. 129,441.52 51,448.00 70,609.52 1,752.00 5,632.00 Richfield Sq., Courtice 40M-1994 Pt Lot: 1 - 8 SIP # 02.0117 - 124 Marlene Worboy 10.852.00 7.317.00 2.612.00 219.00 704.00 40R-20103 Part: 1 I I SIP # 02.0184 T Storybook Homes 36,784.00 14,634.00 20.284.00 , 438.00 1,408.00 OSgoode Gt., Courtice 40R-19834 Part 6, 16, 15 B/P # 02.0112 - 113 Ridge Pine Park Inc. 8,240.00 7,317.00 219.00 704.00 Pt Lot: 740 B/P # 02.0203 St. Stephen's Estates Inc. 138,104.00 58,536.00 72.184.00 1,752.00 5,632.00 Cotton St., Bowmanville 40M-2048 Pt Lot: 66,73-75 L&R BIP # 02.0053-54, 132, 133, 136, 139 - 141 Dunbury Homes (Newcastle) Ltd. 18,382.00 7,317.00 10,142.00 219.00 704.00 121 Brookhouse Dr., Newcastle 40M-2038 Pt Lot: 120 BIP # 02.0106 Dunbury Homes (Newcastle) Ltd. 18,382.00 7,317.00 10,142.00 219.00 704.00 27 Bloom Ave., Newcastle 40M-2038 Pt Lot:134 BIP #02.0107 Galloro Construction 38,764.00 14,634.00 20,284.00 438.00 1,408.00 William Jose Crt., Newcastle 40M-2038 Pt Lot: 100, 101 BIP # 02.0171, 172 Kaitlin Group Ltd. 38,764.00 14,634.00 20,284.00 438.00 1,408.00 Weldrick Cres., Bowmanville 40M-2005 Pt Lot: 58, 61 B/P # 01.0245, 272 Kaitlin Group Ltd. 276,208.00 117,072.00 144,368.00 3,504.00 11,264.00 Hammond St., Bowmanville 40M-2005 Pt Lot: 99 - 106 L&R B/P # 02.0087-90, 145-156 Kaitlin Group Ltd. 55,146.00 21,951.00 30,426.00 657.00 2.112.00 Rustwood St., Sowmanville 40M-2005 Pt Lot: 84 B/P # 02.0130, 31, 44 TOTALS 1,171,497.04 523.R50.52 580,201.58 16,053,42 51,591.52 , 3 J 8 153.53 J J J 1 1 J J J J J J J J J J J J J J CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "G" MARCH 2002 CONTRIBUTIONS. CASH.IN-LIEU OF PARKLAND Marianna Developments SC2001-001 17,790.00 Strike I Sal. 18T18-20-01 4,575.00 Total Cash-ln-Lieu of Parkland 22,3".00 CONTRIBUTIONS. ENGINEERING AND INSPECTION FEES DeJong Total Engineering and Inspection Fees Contributions 153.53 CONTRIBunONS . ROADS DeJong 27,019.83 Total Roads Contributions 27,019.83 131~